A Legal Arsenal Master File

A LEGAL ARSENAL
FOR THE PHILIPPINE

ENVIRONMENT
ANTONIO A. OPOSA, JR.
Published by
CENTRAL BOOK SUPPLY, INC.

927 Quezon Avenue, Quezon City
Philippines
Philippine Copyright, 2008
By
ANTONIO A. OPOSA, JR.
All Rights Reserved
___________________________________
Series No. ______________
ISBN NO. 978-971-691-621-8
Printed by
CENTRAL BOOK SUPPLY, INC.

927 Quezon Avenue, Quezon City
Philippines
TABLE OF CONTENTS
CHAPTER 1: TOUR OF THE LEGAL HORIZON
Page
GOVERNMENT AND LEGAL SYSTEM

Overview of the System of Government ................................................................ 1
Hierarchy of Legislation ........................................................................................ 1
Environmental Authorities .................................................................................... 4
RELEVANT PROVISIONS OF THE 1987 CONSTITUTION
Preamble ................................................................................................................. 5
National Territory .................................................................................................. 5
Declaration of Principles and State Policies ........................................................ 6
Right to Health (Article II, Section 15) ........................................................ 6
Right to Health is Paramount Over Presumed Economic Benefits ........... 6
(Eduardo F. Hernandez, et al. vs. National Power Corporation)
Right to Balanced Ecology (Article II, Section 16) ...................................... 8
Bill of Rights ........................................................................................................... 8
Right to Due Process of Law (Section 1) ...................................................... 8
Right to Privacy (Section 2) .......................................................................... 8
Right of Access to Information ...................................................................... 9
(Valmonte v. Belmonte)
Firepower in the Legal Arsenal .................................................................... 9
The Right to Information is Not Discretionary ........................................... 11
(Legaspi v. Civil Service Commission)
National Economy and Patrimony ....................................................................... 13
Efficient Use of Resources (Section 1) .......................................................... 13
State Ownership of Natural Resources (Section 2) ..................................... 14
Lands of Public Domain and Classification (Section 3) .............................. 15
Limits of Forest Lands (Section 4) ............................................................... 15
Indigenous Cultural Communities (Section 5) ............................................ 15
Social Function of Property (Section 6) ........................................................ 16
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Social Justice and Human Rights (Article XII)..................................................... 16

Ecological Considerations in Agrarian Reform (Section 4) ......................... 16
Preferential Use of Marine Resources for Subsistence Fishermen
(Section 7) .............................................................................................. 16
Health Care and Regulation (Section 11 &12) ............................................ 17
Rights of Women (Section 14) ....................................................................... 17
Role and Rights of People’s Organizations (Section 23 & 15) ..................... 17
Local Autonomy....................................................................................................... 17
GENERAL ENVIRONMENTAL LAWS
Philippine Environmental Policy (PD 1151) ........................................................ 17
Philippine Environment Code (PD 1152) ............................................................. 19
Environmental Impact Statement System (PD 1586) ......................................... 33
Environmentally Critical Areas and Projects (PD 2146) ..................................... 35
Polllution Control Law (PD 984) ........................................................................... 38
Pollution is a Technical Issue ....................................................................... 47
(Mead v. Argel)
Cease and Desist Order May Be Issued Without Extensive Hearing ........ 49
(Pollution Adjudication Board v. CA)
Unjust Enrichment and the Internalization of Environmental Costs ....... 50
Jurisdiction Over Pollution Case .................................................................. 51
(Technology Developers, Inc. v. CA)
Ripe for Judicial Clarification ....................................................................... 54
Philippine Environment Partnership Program (DAO 2003-14) .......................... 54
Toxic Substances and Hazardous Wastes (RA 6969) ........................................... 55
ENVIRONMENTAL ADMINISTRATION
Department of Environment and Natural Resources (EO 192) .......................... 64
CIVIL CODE PROVISIONS ON ENVIRONMENT (RA 386)
Relevance of the Civil Code .......................................................................... 83
Human Relations ........................................................................................... 83
Actionable Acts Contrary to Good Customs.................................................. 85
(Magbanua v. IAC)
Nuisance ................................................................................................................. 86
Definition of Nuisance ................................................................................... 86
Public and Private Nuisance ........................................................................ 86
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Procedure for Abatement of Nuisance ......................................................... 86

Excessive Dust is a Nuisance ....................................................................... 88
(Ernesto R. Rodriguez, Jr., et al. v. IAC)
Noise Pollution ............................................................................................... 89
Damages ................................................................................................................. 89
Kinds of Damages .......................................................................................... 90
Actual of Compensatory Damages ............................................................... 90
Other Kinds of Damages ............................................................................... 93
Moral Damages is Awarded on a Case-to-Case Basis ................................. 96
(Filinvest Credit Corporation v. IAC)
Only a Wrongrul Act May be Awarded Moral Damages ............................. 96
(R & B Surety & Insurance Co., Inc. v. IAC and Uson)
Special Damages ............................................................................................ 96
(Daywalt v. La Corporacion de los Padres Agustinos Recoletos)
Quasi-delict ............................................................................................................. 97
The Evidence Speaks for Itself ................................................................... 100
(Africa v. Caltex)
Legal Easements .................................................................................................... 101
Flowing Waters .............................................................................................. 101
Right of Way .................................................................................................. 103
Light and View .............................................................................................. 104
Drainage and Falling Waters ....................................................................... 105
Plantings and Constructions ................................................................................. 105
CHAPTER II: LAND

PROTECTED AREAS
National Integrated Protected Areas System Act (RA 7586) .............................. 111
The Strategic Environmental Plan for Palawan (RA 7611) ................................ 122
Cave Management Act (RA 9072) ......................................................................... 131
Revised Forestry Code (PD 705) ............................................................................ 136
Timber License is Not a Right ...................................................................... 175
(Felipe Ysmael Jr. & Co. Inc. v. Deputy Executive Secretary)
The Right of the Future Generations............................................................ 176
(Minors of the Philippines v. DENR, et al.)
Illegal Possession of Lumber ......................................................................... 189
(Mustang Lumber v. CA)
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Replevin in Motor Vehicles Impounded by the DENR................................. 191

(Paat v. CA)
Chainsaw Act of 2002 (RA 9175) ........................................................................... 194
PROTECTED SPECIES
Conservation and Protection of Wildlife Resources (RA 9147) ........................... 198
Protection of the Philippine Eagle (RA 6147) ....................................................... 214
Protection of Wild Flowers (RA 3983) ................................................................... 215
Prospecting of Biological and Genetic Resources (EO 247) ................................. 218
Tree Planting (PD 953) .......................................................................................... 225
List of Endangered Species (DAO 2004-15) ......................................................... 228
CITES-LISTED SPECIES (APPENDIX I) ........................................................... 230
CITES-LISTED SPECIES (APPENDIX II) .......................................................... 232
AGRICULTURE
Agriculture and Fisheries Modernization (RA 8435) ........................................... 237
Philippine Policy on Transgenics(DA-AO No. 8, S. 2002) ................................... 277
High – Valued Crops (RA 7900) ............................................................................ 277
Fertilizers and Pesticides (PD 1144) ..................................................................... 283
Coconut Cutting (RA 8048) .................................................................................... 291
Animal Welfare (RA 8485) ..................................................................................... 294
Regulating the Slaughter of Carabaos (EO 626) .................................................. 298
Plant Quarantine (PD 1433) .................................................................................. 299
LAND TENURE
Property Registration Law (PD 1529) .................................................................. 306
Native Title to Land should be recognized by the Government .......................... 307
(Cariño v. Insular Government)
Forest Land is Not Disposable ............................................................................... 308
(Republic of the Philippines v. Animas)
(Lepanto Consolidated Mining Company v. Manuel Dumyung)
Comprehensive Agrarian Reform Program (RA 6657) ........................................ 308
Cases on Land Reform ........................................................................................... 341
(Vinzons-Magana v. Estrella)
(Luz Farms v. Secretary of Agrarian Reform)
(Maddumba v. GSIS)
(Association of Small Landowners v. Department of Agrarian Reform)
Community Based Forest Management (EO 263) ............................................... 343
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Allocation/Tenure Instruments in Production Forest Lands .............................. 347

Permits Issued for the Utilization of Forest Resources in Production Forest
Lands .............................................................................................................. 350
Agreements and Permits Involving Forest Resources in Private Lands ............ 351
MINERALS
Small-Scale Mining Program (PD 1899) ............................................................... 352
People’s Small-Scale Mining (RA 7076) ................................................................ 354
Philippine Mining Act (RA 7942) .......................................................................... 362
Mining Agreements May be Changed .......................................................... 393
(Miners Association of the Philippines v. Factoran)
The Financial and Technical Assistance Agreement (In Mining) Is
Constitutional ................................................................................................ 395
(La Bugal-B’laan Tribal Association, Inc., v. Victor O. Ramos et.
al.)
ENERGY
Department of Energy (RA 7638) .......................................................................... 410
Mini-Hydroelectric Power Developers (RA 7196) ................................................ 422
Non-Conventional Energy Resources (PD 1068) .................................................. 427
Biofuels Act (RA 9367) ........................................................................................... 432
Geothermal Resources (PD 1442) .......................................................................... 440
Geothermal Watersheds (EO 223) ........................................................................ 443
The Stillborn Nuclear Power Plant .............................................................. 445
(Nuclear Free Philippine Coalition v. NPC)
Oil Deregulation (RA 8479) ................................................................................... 446
Legality of the Deregulation Policy .............................................................. 459
(Garcia v. Corona)
Pilferage of Electricity (RA7832) ........................................................................... 460
Electric Power Industry Reform Act of 2001 (RA 9136) ...................................... 468
Implementing the Natural Gas Vehicle Program for Public Transport (EO
290) ................................................................................................................. 470
Energy Conservation Program (AO 126) .............................................................. 476
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CHAPTER III: AIR

CLEAN AIR ACT (RA 8749) ............................................................................................ 481
Innovations of the Clean Air Act ........................................................................... 511
Incineration Ban? ................................................................................................... 512
MMDA v. JANCOM
UNAUTHORIZED USE OF SIRENS (PD 96) ..................................................................... 513
ATMOSPHERIC ADMINISTRATION (PD 78) .................................................................... 515
NOISE STANDARDS .......................................................................................................... 521
CHAPTER IV: WATERS

THE SEA
Territorial Baselines of the Philippine Archipelago (RA 3046) ........................... 528
Exclusive Economic Zones (PD 1599) ................................................................... 533
Fisheries Code (RA 8550) ...................................................................................... 535
PROTECTED SPECIES
Dolphins (FAO No. 185, 1992) ............................................................................... 583
Whale Sharks and Manta Rays (FAO No. 193, 1998) ......................................... 584
Sea Cows (DENR AO No. 55-91) ........................................................................... 586
Seashores and Beach Protection (BP Blg. 265) .................................................... 587
Accretion by the Action of Waves ................................................................. 588
(Heirs of Emiliano Navarro v. IAC, Heirs of Pascual)
Accretion Land Belongs to the Littoral Owner ............................................ 590
(Santulan v. Executive Secretary)
Jurisdiction Over Illegal Fishing .................................................................. 596
(De Guzman v. Escalona)
Arrest Without Warrant ............................................................................... 597
(Republic v. Consino)
Legal Pressure Points ............................................................................................ 598
Warrantless Search of a Fishing Vessel ...................................................... 598
(Hizon v. CA)
Evidence of Blast-Fishing ............................................................................. 599
(People v. Vergara)
Non-Interference by Another Court ............................................................. 600
(Roldan v. Arca)
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Fishery Privileges .......................................................................................... 601

(US v. Hernandez)
MARINE PROTECTION ADMINISTRATION
Marine Pollution (PD 979) ..................................................................................... 598
Creation of the Philippine Coast Guard (RA 5173) ............................................. 602
Coast Guard Law (PD 601) .................................................................................... 605
Prevention and Control of Marine Pollution (PD 603 as amended by PD
979) ................................................................................................................. 611
Maritime Group (RA 6975) .................................................................................... 615
Maritime Industry Authority (PD 474) ................................................................ 616
FRESH WATER
Clean Water Act (RA 9275) ................................................................................... 638
Water Code (PD 1067) ............................................................................................ 663
Metro Manila Council, MMDA Resolution N. 3, S. 1996 ..................................... 683
Civil Code Provisions on Waters (RA 386) ........................................................... 685
The Spanish Law on Waters of 1866 .................................................................... 688
LAGUNA LAKE DEVELOPMENT AUTHORITY (RA 4850)
Additional Powers of LLDA (EO 927) ................................................................... 704
Primary Jurisdiction of the Laguna de Bay ......................................................... 709
(LLDA v. CA [1995])
The Ecosystem Approach in Lake Management .................................................. 711
(LLDA v. CA [1995])
Relevant Sections of the Pollution Control Law (PD 984) ................................... 713
Water Classification (DENR AO 34-90) ................................................................ 714
Effluent Regulations (Administrative Order No. 35, 1990) ................................ 724
Local Water Utilities (PD 198) .............................................................................. 737
Metropolitan Waterworks and Sewerage System (RA 6234) .............................. 762
WATERWAYS
Structures in Navigable Waterways (RA 2056) ................................................... 773
Directing Persons to Renounce Possession of Riverbanks (PD 296) ................... 774
OTHER WATER LAWS
Dumping of Wastes that Cause Rising of Riverbeds (CA 383) ............................ 776
National Water CrisisAct(RA 8041) ...................................................................... 777
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Rainwater Collection and Collection and Springs Protection (RA 6716) ........... 782
Irrigation (RA 6978) ............................................................................................... 784
CHAPTER V: HUMAN HABITAT

SOLID WASTE MANAGEMENT, SANITATION, AND HYGIENE
Solid Waste Management (RA 9003) .................................................................... 791
Ecological Solid Waste Management Act of 2001 Compliance Matrix ............... 836
A Sanitary Landfill Cannot Be Placed in a Watershed; Environmental
Powers of Local Government ........................................................................ 838
(Province of Rizal, et al., Executive Secretary, et al.)
Sanitation Code (PD 856) ...................................................................................... 840
LAND USE
Environment Code Provisions on Land Use (PD 1152) ....................................... 883
Urban Housing (RA 7279) ..................................................................................... 885
Housing and Land Use Regulatory Board (EO 648) ............................................ 903
Delegated Powers to the Local Government Units (EO 72) ................................ 910
Environment Related Provisions of the Building Code (PD 1096) ..................... 913
CULTURAL HERITAGE (CONSTITUTIONAL PROVISIONS)
Cultural Properties Preservation and Protection (RA 4846) .............................. 919
National Museum Law (RA 8492) ......................................................................... 924
Declaring Archaeological Reservations (PD 1109 & RA 4368) ........................... 934
National Commission for Culture and the Arts (RA 7356) ................................. 935
Declaring Certain Areas and Sites as National Sites and Shrines (PD 260) ........... 945
National Historical Commission (RA 4368) ......................................................... 946
Cultural Heritage & National Patrimony .................................................... 948
(Manila Prince Hotel v. Government Service Insurance System)
Historical Landmark Belongs to Owner, Not the Lessee ........................... 949
(Army and Navy Club v. Court of Appeals, et al.)
The Meaning of Cultural Properties ............................................................ 950
(JOYA, et al. v. PCGG, et al.)
Public Character of Historical Landmark ................................................... 951
(Manosca v. Court of Appeals)
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CIVIL CODE PROVISIONS ON HIDDEN TREASURES (RA 386)

Indigenous People’s Rights Law (IPRA) ............................................................. 952
Constitutionality of IPRA Law ................................................................... 982
(Cruz v. NCIP)
CHAPTER VI: LOCAL GOVERNANCE

CONSTITUTIONAL PROVISIONS
Environment-Related Provisions of the Local Government Code (RA 7160) .... 987
Legal Issues ................................................................................................. 993
Shares of Local Government Units in the Proceeds of National Taxes ... 998
Can a Local Government Declare Its Territorial Jurisdiction a No-
Mining Area?............................................................................................... 1012
Role of Local Governments in Environmental Protection (DAO No. 30-92) .. 1012
(Tano et al. v. Gov. Socrates, et al.)
Abatement of Public Nuisance by LGU ..................................................... 1024
(Tatel v. Municipality of Virac)
Police Powers of the Metro Manila Commission ....................................... 1026
(Sangalang v. IAC)
Metro Manila Development Authority (RA 7924) .............................................. 1027
The Present MMDA is Without Police Powers .......................................... 1034
(MMDA v. Bel-Air Village Association, Inc.)
Need for a Strong Metropolitan Government ............................................ 1035
CHAPTER VII: THE ECONOMICS OF ECOLOGY

THE PHILIPPINE AGENDA 21
Medium Term Development Plan of the Philippines (2004-2010) .................... 1048
Environmental Investment Incentives ............................................................... 1050
BUILD-OPERATE-AND-TRANSFER (BOT) LAW
Authorizing the Construction of Infrastructure Projects by the Private
Sector (RA 6957) ................................................................................................... 1051
Implementing Rules of the BOT Law ................................................................. 1055
Small and Medium Enterprise (RA 6977) .......................................................... 1056
Philippine Economic Zone Authority (RA 7916) ................................................ 1058
ENVIRONMENTAL USER FEE SYSTEM IN THE LAGUNA LAKE REGION ...................... 1059
Rules and Regulations (Resolution No. 33)
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CHAPTER VIII: INTERNATIONAL COMMITMENTS

Constitutional Provisions on International Law ............................................... 1073
International Environmental Principles ............................................................ 1074
INTERNATIONAL ENVIRONMENTAL COMMITMENTS OF THE PHILIPPINES
GENERAL AGREEMENTS
UN General Assembly Resolution........................................................................ 1076
(http://www.unhchr.ch/html/menu3/b/c_natres.htm) ................................. 1076
Stockholm Declaration of the United Nations Conference on the Human
Environment ................................................................................................ 1077
(http://www.unep.org/dpdl/Law/PDF/Stockholm_Declaration.pdf) .......... 1077
UN General Assembly Resolution on a World Charter on Nature ................... 1078
(http://www.un.org/documents/ga/res/37/a37r007.htm) ............................ 1078
United Nations Conference on Environment and Development ....................... 1079
(http://www.un.org/documents/ga/conf151/aconf15126-1annex1.htm) ..... 1079
Agenda 21 ............................................................................................................. 1079
(http://www.un.org/esa/sustdev/documents/agenda21/english/agenda
21 chapter38.htm) ....................................................................................... 1081
THE ATMOSPHERE
Convention on the Protection of the Ozone Layer ............................................. 1081
(http://www.unep.ch/ozone/vc-text.shtml) .................................................. 1081
Protocol on Substances that Deplete the Ozone Layer ...................................... 1081
(http://www.unep.org/ozone/Montreal-Protocol/Montreal-Protoco
l2000.shtml) .................................................................................................. 1082
UN Framework Convention on Climate Change ............................................... 1083
(http://unfccc.int/not_assigned/b/items/1417.php) ...................................... 1084
Kyoto Protocol to Climate Change Convention .................................................. 1084
Stockholm Convention on Persistent Organic Pollutants (POPs) .................... 1085
(http://www.pops.int/).................................................................................. 1085
THE HYDROSPHERE
The Hydrosphere Convention on the Prevention of Marine Pollution by
Dumping of Wastes And Other Matter ...................................................... 1085
http://www.imo.org/Conventions/contents.asp?topic_id=258&doc_id=6
81#8) .............................................................................................................. 1086
United Nations Convention on the Law of the Sea ............................................ 1086
(http://www.un.org/Depts/los/convention_agreements/convention_over
view_convention.htm) .................................................................................. 1090
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THE BIOSPHERE
Principles for a Global Consensus on the Management, Conservation, and
Sustainable Development of All Types of Forests ..................................... 1090
(http://www.un.org/documents/ga/conf151/aconf15126-3annex3.htm) .... 1091
Convention for the Protection of the World Cultural and Natural Heritage ... 1091
(http://whc.unesco.org/world_he.htm) ........................................................ 1092
Convention on International Trade in Endangered Species of Wild Flora
and Fauna .................................................................................................... 1092
(http://www.cites.org/) ................................................................................. 1093
Convention on the Conservation of Migratory Species of Wild Animals .......... 1094
(http://www.cms.int/documents/convtxt/cms_convtxt.htm) ...................... 1094
Convention on Biological Diversity ...................................................................... 1094
(http://www.biodiv.org/convention/default.shtml) ..................................... 1095
ASEAN Agreement on the Conservation of Nature and Natural Re-
sources .......................................................................................................... 1095
(http://www.aseansec.org/1490.htm) .......................................................... 1096
ENVIRONMENTAL THREATS
Convention on the Control of Trans-boundary Movements of Hazardous
Wastes and Their Disposal .......................................................................... 1097
(http://untreaty.un.org/English/TreatyEvent2002/Basel_Conv_16.htm) ...... 1099
Treaty Banning Nuclear Weapon Tests in the Atmosphere in Outer
Space, and Under Water .............................................................................. 1099
(http://lawofwar.org/space_treaty_banning_nuclear_weapons.htm)......... 1099
IAEA Code of Practice on the International Trans-boundary Movement
of Radioactive Waste .................................................................................... 1100
(http://www.iaea.or.at/http://www.globelaw.com/Nukes/iaeacod.htm) ........ 1100
Convention on Civil Liability for Nuclear Damage............................................. 1100
(http://www.iaea.org/Publications/Documents/Infcircs/1996/inf500.s
html) .............................................................................................................. 1101
Protocol 1 Additional to the General Convention of August 12, 1949 and
Relating to the Protection of the Victims of Armed Conflict ..................... 1102
(http://www.unhchr.ch/html/menu3/b/93.htm) ........................................... 1102
FAO Code of Conduct on the Distribution and Use of Pesticides ...................... 1102
(http://www.fao.org/) ..................................................................................... 1104
The Agreement Establishing the World Trade Organization ............................ 1104
(http://www.wto.org/english/docs_e/legal_e/04-wto_e.htm) ....................... 1104
World Bank Operational Directive 4.00 Annex A: Environmental As-
sessment........................................................................................................ 1105
(http://www.worldbank.org/html/oprmanual/ods/400a.html) .................... 1106
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CHAPTER IX: MISCELLANEOUS LAWS

RESTRAINING ORDERS AND PRELIMINARY INJUNCTION
Prohibiting the Issuance of Restraining Orders and Preliminary Injunction .. 1109
In Government Projects (RA 8975).............................................................. 1109
In Natural Resources Projects (PD 605) ..................................................... 1111
HEALTH, FOOD AND DRUGS
Food and Drugs Law (RA 3720) ........................................................................... 1113
Generic Drugs Law (RA 6675).............................................................................. 1134
Occupational Health and Safety (PD 442)........................................................... 1139
Traditional and Alternative Medicine (RA 8423)................................................ 1143
Anti-Smoking Law (RA 9211)............................................................................... 1153
An Act Prohibiting the Manufacture, Importation, Distribution and Sale
of Laundry and Industrial Detergents Containing Hard Surfac-
tants (RA 8970) ............................................................................................. 1168
CRIMINAL LIABILITIES
Anti-Fencing Law (PD 1612) ................................................................................ 1171
Illegal Possession of Explosives (PD 1866, as amended by RA 8294)................ 1173
Inquest Procedures (DOJ Circular No. 61, 1993)................................................ 1178
Rights of Detained Persons (RA 7438)................................................................. 1184
Obstruction of Justice (PD 1829) ......................................................................... 1187
Witness Protection Program (RA 6981) ............................................................... 1190
GOVERNMENT ACCOUNTABILITY
Anti-Graft and Corrupt Practices Act (RA 3019) ................................................ 1196
Criminal Liability of the Head of Office...................................................... 1202
(Magsuci v. Sandiganbayan)
Guilt Not Based on Presumption ................................................................ 1204
(Arias v. Sandiganbayan).
Proof of Actual Damage................................................................................ 1205
(Llorente v. Sandiganbayan)
Code of Conduct and Ethical Standards for Public Officials (RA 6713) ............ 1207
Ombudsman Act (RA 6770) .................................................................................. 1216
SAMPLE LEGAL FORMS
Letter-Complaint................................................................................................... 1232
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Complaint-Affidavit .............................................................................................. 1233

Notice to Sue for Violation of Solid Waste Management Act ............................. 1237
Affidavit-Complaint for Violation of Solid Waste Management Law ................ 1238
Complaint for the Violation of the Clean Air Act For Mobile Sources .............. 1240
Complaint for the Violation of the Clean Air Act For Stationary Sources ........ 1241
Application for Search Warrant ........................................................................... 1250
Searching Questions ............................................................................................. 1251
Search Warrant ..................................................................................................... 1253
RULES OF COURT
Depositions Pending Action.................................................................................. 1255
Depositions Pending Appeal................................................................................. 1260
Interrogatories to Parties ..................................................................................... 1262
Admission by Adverse Party ................................................................................ 1262
Production or Inspection of Things ...................................................................... 1263
Physical and Mental Examination of Persons .................................................... 1263
Refusal to Comply with Modes of Discovery ....................................................... 1265
Libel ...................................................................................................................... 1266
Privileged Communication .......................................................................... 1269
(Alonzo v. CA)
Truth as Defense ......................................................................................... 1271
(Vasquez v. CA, RTC Branch 40 and Pp)
GUIDELINES IN ADMINISTRATIVE RULE-MAKING
Procedural Requirements for the Issuance of Administrative Regulations...... 1274
——o0o——
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TOUR OF THE HORIZON
TOUR OF THE HORIZON
CHAPTER CONTENTS
GENERAL ENVIRONMENTAL LAWS
Overview of the System of Government, 1
Hierarchy of Legislation, 1 Philippine Environmental Policy, 17
Environmental Authorities, 4 Philippine Environment Code, 19
RELEVANT PROVISIONS OF THE 1987 CONSTI- Environmental Impact Statement System,
TUTION
33
Environmentally Critical Areas and Pro-
Preamble, 5 jects, 35
National Territory, 5 Polllution Control Law, 38
Declaration of Principles and State Policies, (Mead v. Argel)
6 (Pollution Adjudication Board v. CA)
Bill of Rights, 8 (Technology Developers, Inc. v. CA)
Right to Due Process of Law, 8 Toxic Substances and Hazardous Wastes, 55
Right to Privacy, 8
Right of Access to Information, 9
(Valmonte v. Belmonte) Department of Environment and Natural
(Legaspi v. Civil Service Commission) Resources, 64
National Economy and Patrimony, 13 CIVIL CODE PROVISIONS ON ENVIRONMENT
Efficient Use of Resources, 13
Human Relations, 83
State Ownership of Natural Resources, (Magbanua v. IAC)
14
Nuisance, 86
Lands of Public Domain and Classifica- (Ernesto R. Rodriguez, Jr., et al. v.
tion, 15 IAC)
Limits of Forest Lands,15 Damages, 89
Indigenous Cultural Communities, 15
Kinds of Damages, 90
Social Function of Property, 16
(Filinvest Credit Corporation v. IAC)
Social Justice and Human Rights, 16 (R & B Surety & Insurance Co., Inc.
Ecological Considerations in Agrarian v. IAC and Uson)
Reform, 16 (Daywalt v. La Corporacion de los
Preferential Use of Marine Resources for Padres Agustinos Recoletos)
Subsistence Fishermen, 16 Quasi-delict, 97
Health Care and Regulation, 17 (Africa v. Caltex)
Rights of Women, 17 Legal Easements, 101
Role and Rights of People’s Organiza- Flowing Waters, 101
tions, 17 Right of Way, 103
Local Autonomy, 17 Light and View, 104
Drainage and Falling Waters, 105
Plantings and Constructions, 105
CHAPTER 1: TOUR OF THE HORIZON
Government and Legal System
Overview of the System of Government

The Philippines is a republic and is governed by a Constitution enacted in Febru-
ary 1987.
The Executive Branch of government is led by a President, who also serves as the
head of state. The President is elected by
popular vote, without reelection, to a six-
year term of office. The President
appoints a cabinet.
The bicameral legislative branch
consists of the Senate and the House of
Representatives. The Senate consists of
twenty-four members, serving six-year
terms while the House of Representa-
tives consists of a maximum of 250
members, each serving a three-year
term of office.
The judicial branch is headed by
the Supreme Court, which is composed
of a chief justice and fourteen associate
justices, all whom are appointed by the
country’s President. Other judicial bod-
ies include a court of appeals and, trial
courts of the first instance distributed by
regions, cities, and municipalities.
Hierarchy of Legislation "Nature is an endless combination and repeti-
At the national level, there are a tion of a very few laws.” — Ralph Waldo
number of different legal instruments, Emerson
(A. Oposa)
each of which is briefly discussed here.
Law
A law passed by Congress is referred to as a Republic Act (R.A.). The presentation
of a bill is initiated either by any, or by both of the legislative chambers (House or Sen-
1
TOUR OF THE HORIZON
ate) or by the executive. The legislative bill is then studied and heard by the committees
concerned (e.g., Senate Committee on Environment) which conducts an “inquiry in aid
of legislation” to hear out the concerns and views on the bill. Thereafter, the bill is ap-
proved by the entire body.
When both chambers have approved the bill, the same is referred to a Bicameral
Conference Committee to reconcile any conflicting provisions. After this stage, it is
referred back to the respective chambers (House and Senate) for ratification. For final-
ity, the bill is forwarded to the President for approval or veto. The bill becomes law after
it is signed by the President and
published. A two-thirds vote of
Congress is needed to override a veto
of the President. From 1988 to the
present, law making in the Philip-
pines has been by act of Congress.
Presidential Decree
During the period known as the

“Martial Law Years,” (1972-1986),
legislation was made by Presidential
fiat of then President Ferdinand
Marcos. Many of the environment,
health, and safety laws were passed
during this period. They continue to
be valid unless otherwise amended or
repealed by a subsequent law passed
by an act of Congress. Examples of
the Presidential Decrees are the
Forestry Code of the Philippines
(P.D. 705) or the Pollution Control
Law (P.D. 984). To this date, they
continue to be valid in the absence of
a subsequent law.
“Like water, be gentle and strong. Be gentle enough
Executive Order to follow the natural paths of the earth, and strong
enough to rise up and reshape the world.”—
An Executive Order (E.O.) is a Brenda Peterson
presidential act providing for rules (A. Oposa)
of a general or permanent character
in the implementation or execution of constitutional or statutory powers.
Administrative Order
An administrative order is an act of the Cabinet/Department Secretary which re-
lates to particular aspects of governmental operations pursuant to his/her duties as
2
administrative head of government. For example, the implementing rules of the Clean
Air Act or the Toxic and Hazardous Wastes Act are in the form of a Department Admin-
istrative Order (DAO). In the Coast Guard, the implementing rules are called Memo-
randum Circulars. These administrative orders/circulars have to be published in the
Official Gazette or in newspapers for general circulation for it to be effective. Another
requirement is that these be filed with the Office of the National Register in the Uni-
versity of the Philippines Law Center.
Proclamation
A proclamation is an act of the President fixing a date or declaring a status or con-
dition of public moment or interest. An example of this is a proclamation declaring June
as the Environment Month, or the proclamation of a working day as a holiday.
Memorandum Order
A memorandum order is a
presidential act on matters of ad-
ministrative detail which only con-
cerns a particular office or an office
of government. A memorandum
order by the President directing the
all-out enforcement of the laws on
forestry is an example.
Implementing Rule and Regula-
tion (IRR)
The term “implementing rules
and regulations” (IRR) is a generic
term referring to the detailed legal
procedures and processes designed
to implement the law. This is usu-
ally done by way of a Department
Administrative Order (DAO) issued
by the Department mandated to im- “In nature there are neither rewards nor punish-
plement the law. ments—there are only consequences.” — Robert
G. Ingersoll
Ordinance (George Tapan)
An ordinance is a local law
passed by the local legislative body of the province, city, municipality, or barangay (vil-
lage) and approved by the chief executive officer [provincial governor, city or municipal
mayor, or barangay leader (also called barangay captain or Chairman) respectively. It
must not be inconsistent with a national law. Thus, an ordinance cannot provide for
penalties lower than what is provided by the national law.
3
TOUR OF THE HORIZON
Environmental Authorities
The principal agency tasked with the mandate for environmental protection is the
Department of Environment and Natural Resources (DENR). It was created pursuant
to Executive Order No. 192 (1987) which fused the functions of the Ministry of Natural
Resources (MNR), the National Pollution Control Commission (NPCC), and the Na-
tional Environmental Protection Council (NEPC). All references to these agencies in the
texts of the laws contained in this book (e.g., Environment Code, Pollution Control Law)
are deemed to refer to the DENR. Particularly, the DENR is responsible for:
1. The conservation, management, development, and proper use of the country’s en-
vironmental and natural resources, specifically forest and grazing lands, mineral resources,
including those in reservation and watershed areas, and lands of the public domain;
2. The preservation of cultural and natural heritage through wildlife conserva-
tion and segregation of national parks and other protected areas;
3. The promulgation and enforcement of rules and regulations for the control of
water, air, and land pollution;
4. The promulgation and enforcement of ambient and effluent standards for wa-
ter and air quality including the allowable levels of other pollutants and radiation;
5. The promulgation of policies, rules, and regulations for the conservation of the
country’s genetic resources, biological diversity, and endangered habitats.
Nature is the book of which God is the Author. — Harvey

(G. Tapan)
The DENR is headed by the Cabinet Secretary, a position appointed by the Presi-
dent, and assisted by three undersecretaries. Below them are the bureaus of: Mines and
Geosciences, Forest Management, Land Management, Environmental Management,
4
and Ecosystems Research. The line functions and regulatory powers of the DENR are
performed by the regional offices distributed throughout the thirteen administrative
regions of the country. The Autonomous Region of Muslim Mindanao (ARMM) has its
own version of the DENR.
Attached to the DENR is the Natural Resources Development Corporation
(NRDC), a government-owned corporation responsible for promoting natural resource
development through investment/involvement in innovative technologies and ventures
involving forest management. Other agencies attached to the DENR include the Na-
tional Mapping and Resource Information Authority (NAMRIA) and the Laguna Lake
Development Authority (LLDA). The NAMRIA serves as the central mapping authority
of the government. It also conducts research on remote-sensing technologies, satellite
imagery, and similar technologies. The LLDA is a government-owned corporation which
serves as the environmental regulatory authority for the Laguna Lake region.
A line bureau within the DENR is the Environmental Management Bureau
(EMB), tasked with the principal responsibility of implementing the country’s environ-
mental laws. It also serves as the secretariat of the Pollution Adjudication Board (PAB),
which hears and decides pollution cases.
RELEVANT PROVISIONS OF THE 1987 CONSTITUTION
The following provisions in the 1987 Constitution directly or indirectly affect natu-
ral resources and environment.
Preamble
We, the sovereign Filipino people, imploring the aid of Almighty God, in or-
der to build a just and humane society and establish a government that shall
embody our ideals and aspirations, promote the common good, conserve and de-
velop our patrimony, and secure to ourselves and our posterity the blessings of
independence and democracy under the rule of law and a regime of truth, justice,
freedom, love, equality, and peace, do ordain and promulgate this Constitution.
National Territory
Article I
The national territory comprises the Philippine archipelago, with all the islands and
waters embraced therein, and all other territories over which the Philippines has sover-
eignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including
its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas.
The waters around, between, and connecting the islands of the archipelago, regardless of
their breadth and dimensions, form part of the internal waters of the Philippines.
5
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Declaration of Principles and State Policies
Article II
State Policies
Right to Health
SEC. 15. The State shall protect and promote the right to health of the people
1
and to instill health consciousness among them.
Right to Health is Paramount Over Presumed Economic Benefits
Facts: In 1996, NAPOCOR began the construction of 29 decagon-shaped steel

poles or towers to support overhead high tension cables in connection with its 230 Kilo-
volt Sucat-Araneta-Balintawak Power Transmission Project. Said transmission lines
passes through Sergio Osmeña, Sr. Highway (South Superhighway), the perimeter of
Fort Bonifacio and Dasmariñas Village proximate to Tamarind Road, where petitioners’
homes are.
Petitioners got hold of published articles and studies linking the the incidence of a
fecund of illnesses to exposure to electromagnetic fields. These illnesses range from
cancer to leukemia.
In 2000, petitioners sought the issuance of a preliminary injunction on the ground
that the NAPOCOR Project impinged on their right to health as enshrined in Article II,
Section 15 of the 1987 Constitution, which provides:
Sec. 15. The State shall protect and promote the right to health of the people and
instill consciousness among them.
The trial court temporarily restrained the respondent from energizing and trans-
mitting high voltage electric current through the said project.
NAPOCOR filed a Petition for Certiorari with the Court of Appeals. Alluding to
Presidential Decree No. 1818 (1981), "Prohibiting Courts from Issuing Restraining Or-
ders or Preliminary Injunctions in Cases Involving Infrastructure and Natural Resource
Development Projects of, and Public Utilities Operated by, the Government,” particularly
Sec. 1, NAPOCOR stalwartly sought the dismissal of the case on the ground of lack
jurisdiction.
_______________________
1
The case of LLDA v. CA, 231 SCRA 292 (1994), states that “the right to health is a funda-
mental human right.”
6
Presidential Decree No. 1818 provides:
Section 1. No Court in the Philippines shall have jurisdiction to issue any re-
straining order, preliminary injunction or preliminary mandatory injunction in any
case, dispute, or controversy involving an infrastructure project, or a mining, fishery,
forest or other natural resource development project of the government, or any public
utility operated by the government, including among other public utilities for transport
of the goods or commodities, stevedoring and arrastre contracts, to prohibit any person
or persons, entity or government official from proceeding with or continuing the execu-
tion or implementation of any such project, or the operation of such public utility or pur-
suing any lawful activity necessary for such execution, implementation or operation.
In the meantime, the trial court ordered the issuance of a writ of preliminary in-
junction against NAPOCOR. It was of the view that Presidential Decree No. 1818 and
jurisprudence proscribing injunctions against infrastructure projects do not find appli-
cation in the case at bar because of the health risks involved.
The Court of Appeals reversed the trial court’s order. Hence, this petition.
Issue: Whether or not the trial court has jurisdiction to issue a TRO and a pre-
liminary injunction even if the petitioners’ right to health is at stake?
Held/Ratio: YES, the trial court has jurisdiction. The issue of petitioner’s right to
health is a veritable question of law thus removing the case from the protective mantle
of Presidential Decree No. 1818.
Moreover, the issuance by the trial court of a preliminary injunction finds legal
support in Section 3 of Rule 58 of the Rules of Court. For a writ of preliminary injunc-
tion to be issued, the Rules do not require that the act complained of be in violation of
the rights of the applicant. Indeed, what the Rules require is that the act complained of
be probably in violation of the rights of the applicant. In the case at bar, there is ade-
quate evidence on record to justify the conclusion that the project of NAPOCOR proba-
bly imperils the health and safety of the petitioners so as to justify the issuance by the
trial court of a writ of preliminary injunction.
Petitioners adduced in evidence copies of studies linking the incidence of illnesses
such as cancer and leukemia to exposure to electromagnetic fields.
Despite the parties’ conflicting results of studies made on the issue, the possibility
that the exposure to electromagnetic radiation causes cancer and other disorders is still,
indeed, within the realm of scientific scale of probability.
In sum, what Presidential Decree No. 1818 aims to avert is the untimely frustra-
tion of government infrastructure projects, particularly by provisional remedies, to the
detriment of the greater good by disrupting the pursuit of essential government projects
or frustrate the economic development effort of the nation. Presidential Decree No.
7
TOUR OF THE HORIZON
1818, however, was not meant to be a blanket prohibition so as to disregard the funda
mental right to health, safety and well-being of a community guaranteed by the funda-
mental law of the land.
In the present case, the far-reaching irreversible effects to human safety should be
the primordial concerns over presumed economic benefits per se as alleged by the
NAPOCOR.
Eduardo F. Hernandez, et al. vs. National Power Corporation

GR No. 145328, March 23, 2006
Right to a Balanced Ecology

SEC. 16. The State shall protect and advance the right of the people to a bal-
2
anced and healthful ecology in accord with the rhythm and harmony of nature.
Bill of Rights
Article III
Right to Due Process of Law
SECTION 1. No person shall

be deprived of life, liberty, or prop-
erty without due process of law, nor
shall any person be denied the equal
protection of the laws.
Right to Privacy
SEC. 2. The right of the peo-

ple to be secure in their persons,
houses, papers, and effects against
unreasonable searches and seizures
of whatever nature and for any pur-
pose shall be inviolable, and no
search warrant or warrant of arrest
shall issue except upon probable
cause to be determined personally by
the judge after examination under
oath or affirmation of the complain-
ant and the witnesses he may pro- Sunrise in Bantayan Island.
_______________________ (A. Oposa)
2
The case of Minors Oposa v. Factoran, 224 SCRA 792 (1993), states that the right to a bal-
anced ecology is an enforceable legal right.
8
duce, and particularly describing the place to be searched and the persons or things to
be seized.
Right of Access to Information
SEC. 7. The right of the people to information on matters of public concern shall
be recognized. Access to official records, and to documents and papers pertaining to
official acts, transactions, or decisions, as well as to government research data used as
basis for policy development, shall be afforded the citizen, subject to such limitations as
may be provided by law.
Firepower in the Legal Arsenal
The constitutional right to information is a very powerful tool in the game and le-
gal arsenal of environmental advocacy. For example, it can be used to legally compel the
Government to release the relevant environmental data.
Thus, it is our Constitutional right to demand that Government release, for exam-
ple, data on the environmental performance of a certain company. Of course, it is also a
legal duty of the polluting company to submit truthful and accurate data to the Gov-
ernment, in fact, in pain of perjury. All together, the stimulus of transparency makes
for better environmental governance.
Transparency is a most effective tool to deter environmental mischief. A company
which knows, for example, that its pollution data can be made public will do its best to
clean up. A logging or mining company which knows that its environmental records can
be opened for public scrutiny, will also do its best to comply with the environmental
standards. In the U.S. jurisdiction, they belatedly realized the power of the “Community
Right to Know” provisions of their laws.
In many societies, especially in Asia, social sanction has long been held as the
highest form of punishment, more painful than ordinary legal sanction. In this part, it
is quite quaintly called “the loss of face.”
Right of Access to Information
The right to information on matters of public concern is applicable and enforceable

against a government-owned corporation. Said corporation cannot invoke the right to
privacy, a right available only to individuals.
Facts: Valmonte, together with other members of the media, sought to compel
the GSIS:
9
TOUR OF THE HORIZON
a. to furnish them with the list of names of Batasan members belonging to

UNIDO and PDP-Laban who were able to secure clean loans immediately before the
February 7 election through the intercession of Imelda Marcos;
b. to furnish them with certified true copies of the documents evidencing their
respective loans; and
c. to allow them access to public records for the subject information.
In reply, GSIS asserts confidentiality of its relationship with those who obtain loans.
Issue: Can Valmonte, et al.,
compel GSIS to reveal the desired
information?
Held: Yes. Petitioners have the
right to access to the public docu-
ments. The public nature of the loan-
able funds of the GSIS and the public
office held by the alleged borrowers
make the information sought a matter
of public concern. The GSIS cannot
plead privacy because privacy may be
raised only by the party concerned, in
this case, the borrowers. But consider-
ing the public office of the borrowers,
they still cannot plead privacy.
The right to privacy belongs to
the individual and must be invoked by
the individual. A public agency like
the GSIS cannot invoke said right. A
corporation has no right to privacy Isla Encantada, Bantayan Island, Cebu.
“since the entire basis of the right to (A. Oposa)
privacy is an inquiry to the feelings
and sensibilities of the party and a corporation would have no such ground for relief.”
Government, whether carrying out its sovereign attributes or running some busi-
ness, discharges the same function of service to the people. Moreover, it was clearly the
intent of the Constitutional Commission to include government-owned and controlled
corporations in the scope of the right to information.
But this does not mean that GSIS must furnish the petitioners with the list of the
names requested. The constitutional right gives them “access to official records.” But
the Constitution does not accord them the right to compel custodians of official records
to prepare lists, abstracts, summaries, and the like in their desire to acquire informa-
tion on matters of public concern.
Valmonte v. Belmonte
170 SCRA 256, G. R. No. 74930 February 13, 1989
10
The Right to Information is Not Discretionary
Information of public concern is a demandable right. Government officials have no

discretion whether or not to release the information. They can only prescribe the man-
ner by which the right can be exercised, such as, for example, that it can be secured
only during office hours. However, this right admits of exceptions such as when the
information requested is a matter of national security.
Facts: Attorney Valentin L. Legaspi of Cebu City requested for information from
the Civil Service Commission. He wanted to know if two persons who were appointed as
sanitarians in the Health Department of the city were civil service eligible. When the
Commission denied his request, he filed a petition before the Supreme Court to compel
the Commission to disclose the information he sought.
Mr. Legaspi based his demand on Sec. 7, Article III of the 1987 Constitution which
describes a person’s constitutional right to information on matters of public concern.
The Commission defended itself by saying that Mr. Legaspi had no right to ask the
Court to compel the Commission to give him the information he seeks. Moreover, the
Commission asserted that it had the discretion on whether or not it should furnish a
person with the information requested.
Issue: Does Mr. Legaspi have the right to obtain the information he seeks?
Held: Yes. The right of the people to have information on matters of public interest
is, by its very nature, a public right. In Tañada v.Tuvera (136 SCRA 27), it was said that
“when the question is one of public right and the object of the mandamus is to procure the
enforcement of a public duty, the people are regarded as the real party in interest and the
realtor at whose instigation the proceedings are instituted need not show that he has any
legal or special interest in the result, it being sufficient to show that he is a citizen and as
such interested in the execution of the laws.”
3
“From the foregoing, it becomes apparent that when a mandamus proceeding in-
volves the assertion of a public right, the requirement of personal interest is satisfied by
the mere fact that the petitioner is a citizen, and therefore, part of the general ‘public’
which possesses the right.”
Issue: Can the respondent exercise its discretion to refuse Mr. Legaspi access to
such information?
Held: No. According to the Supreme Court, “For every right of the people recog-
nized as fundamental, there lies a corresponding duty on the part of those who govern
to respect and protect that right.” “In recognizing the people’s right to be informed . . .
the New Charter expressly mandates the duty of the State and its agents to afford ac-
cess to official records, documents, papers, and in addition, government research data
_______________________
3
Mandamus is a technical term used to refer to the legal action to compel a government of-
fice to perform an act required by law.
11
TOUR OF THE HORIZON
used as basis for policy development, subject to such limitations as may be provided by
law (Sec. 7, Article III, 1987 Constitution). The guarantee has been further enhanced . .
. with the adoption of a policy of full public disclosure, this time ‘subject to reasonable
conditions prescribed by law,’ in Sec. 28, Article II thereof, to wit:
Subject to reasonable conditions prescribed by law, the State adopts or implements
a policy of full public disclosure of all its transactions involving public interest.
“It is clear from the foregoing pronouncements of this Court (in the cited case of
Tañada and in Subido v.Ozaeta, 80 Phil. 383) that government agencies are without
discretion to refuse disclosure of, or access to, information of public concern.” However,
“this is not to lose sight of the reasonable regulations which may be imposed by said
agencies in custody of public records on the manner in which the right to information
may be exercised by the public. In the Subido case, We (Supreme Court) recognized the
authority of the Register of Deeds to regulate the manner in which persons desiring to
do so may inspect, examine, or copy records relating to registered lands. However, the
regulations which the Register of Deeds may promulgate are confined to:
‘. . . prescribing the manner and hours of examination to the end that damage to or
loss of the records may be avoided, that undue interference with the duties of the custo-
dian of the books and documents and other employees may be prevented, that the right
of other persons entitled to make inspection may be insured. . . .’
We were emphatic in our statement that the authority to regulate the manner of
examining public records does not carry with it the power to prohibit. A distinction has
to be made between the discretion to refuse outright the disclosure of or access to a
particular information and the authority to regulate the manner in which the access is
to be afforded.”
Issue: Is there any limitation on the constitutional right to information?
Held: Yes. “The decisive question on the propriety of the issuance of the writ of
mandamus in this case is whether the information sought by the petitioner is within
the ambit of the constitutional guarantee.” “(T)he constitutional guarantee to informa-
tion on matters of public concern is not absolute.” It is still “subject to limitations as
may be provided by law” (Sec. 7, Article III). Certain types of information may not be
available for public scrutiny, such as those affecting national security. Two requisites
must first be fulfilled in order for the right to be enforceable:
a. The information sought is of public concern or one that involves public inter-
est, and,
b. It is not exempted by law from the operation of the constitutional guarantee.
With regard to the first, it is for the courts to decide on a case-to-case basis
whether an information sought is of public interest or concern. In this case, the infor-
mation the petitioner sought to access is clearly of public interest. “It is the legitimate
concern of citizens to ensure that government positions requiring civil service eligibility
12
are occupied only by persons who are eligible.” With regard to the second requisite, “the
information sought must not be among the species exempted by law from the operation
of the constitutional guarantee.” Here, the petitioner’s right to know is upheld because
there is no law prohibiting such information from being disclosed. It is in fact the case
that civil service examination results are released to the public. There is therefore no
reason to withhold it from the petitioner.
Legaspi v. Civil Service Commission
150 SCRA 530, G. R. No. 72119 May 29, 1987
National Economy and Patrimony

Article XII
Efficient Use of Resources
SECTION 1. The goals of the national economy are a more equitable distribu-
tion of opportunities, income, and
wealth; a sustained increase in the
amount of goods and services pro-
duced by the nation for the benefit of
the people; and an expanding pro-
ductivity as the key to raising the
quality of life for all, especially the
underprivileged.
The State shall promote indus-
trialization and full employment based
on sound agricultural development and
agrarian reform, through industries
that make full and efficient use of
human and natural resources, and
which are competitive in both domestic
and foreign markets. However, the
State shall protect Filipino enterprises
against unfair foreign competition and
trade practices.
In the pursuit of these goals, all
sectors of the economy and all re- “Through primrose tufts, in that sweet bower, The
gions of the country shall be given periwinkle trail’d its wreaths; And ‘tis my faith that
optimum opportunity to develop. every flower Enjoys the air it breathes.” — William
Private enterprises, including cor- Wordsworth
porations, cooperatives, and similar (G. Tapan, Natural Heritage)
collective organizations, shall be en-
couraged to broaden the base of their ownership.
13
TOUR OF THE HORIZON
State Ownership of Natural Resources

SEC. 2. All lands of the public domain, waters, minerals, coal, petroleum, and
other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife,
flora and fauna, and other natural resources are owned by the State. With the exception
of agricultural lands, all other natural resources shall not be alienated. The exploration,
development, and utilization of natural resources shall be under the full control and
supervision of the State. The State may directly undertake such activities, or it may
enter into co-production, joint venture, or production-sharing agreements with Filipino
citizens or corporation or associations at least sixty percent of whose capital is owned by
such citizens. Such agreements may
be for a period not exceeding twenty-
five years, renewable for not more
than twenty-five years, and under
such terms and conditions as may be
provided by law. In cases of water
rights for irrigation, water supply,
fisheries, or industrial uses other
than the development of water
power, beneficial use may be the
measure and limit of the grant.
The State shall protect the na-
tion’s marine wealth in its archi-
pelagic waters, territorial sea, and
exclusive economic zone, and reserve
its use and enjoyment exclusively to
Filipino citizens.
The Congress may, by law, al-
low small-scale utilization of natural
resources by Filipino citizens, as
well as cooperative fish farming,
with priority to subsistence fisher- “If there is magic on this planet, it is contained in
men and fish workers in rivers, water.” — Loran Eisely, The Immense Jour-
lakes, bays, and lagoons. ney, 1957
The President may enter into (G. Tapan, Natural Heritage)
agreements with foreign-owned cor-
porations involving either technical or financial assistance for large-scale exploration,
development, and utilization of minerals, petroleum, and other mineral oils according to
the general terms and conditions provided by law, based on real contributions to the
economic growth and general welfare of the country. In such agreements, the State
shall promote the development and use of local scientific and technical resources.
The President shall notify the Congress of every contract entered into in accor-
dance with this provision, within thirty days from its execution.
14
Lands of Public Domain and Classification
SEC. 3. Lands of the public domain are classified into agricultural, forest or tim-
ber, mineral lands, and national parks. Agricultural lands of the public domain may be
further classified by law according to the uses to which they may be devoted. Alienable
lands of the public domain shall be limited to agricultural lands. Private corporations or
associations may not hold such alienable lands of the public domain except by lease, for
a period not exceeding twenty-five years, renewable for not more than twenty-five
years, and not to exceed one thousand hectares in area. Citizens of the Philippines may
lease not more than five hundred hectares, or acquire not more than twelve hectares
thereof by purchase, homestead, or grant.
Taking into account the requirements of conservation, ecology, and development,
and subject to the requirements of
agrarian reform, Congress shall
determine, by law, the size of
lands of the public domain which
may be acquired, developed, held,
or leased and in the conditions
therefore.
Limits of Forest Lands and
National Parks
SEC. 4. The Congress shall,
as soon as possible, determine by
law the specific limits of forest
lands and national parks, marking
clearly their boundaries on the
ground. Thereafter, such forest
lands and national parks shall be
conserved and may not be in-
creased nor diminished, except by
law. The Congress shall provide,
for such period as it may deter-
mine, measures to prohibit logging Before the forests can be protected, their boundaries
in endangered forest and water- must be clearly identified and marked on the ground
shed areas. with clear and visible boundary markers.
(Neal Oshima, Forest)
Indigenous Cultural Communi-
ties
SEC. 5. The State, subject to the provisions of this Constitution and national de-
velopment policies and programs, shall protect the rights of indigenous cultural communi-
ties to their ancestral lands to ensure their economic, social, and cultural well-being.
15
TOUR OF THE HORIZON
The Congress may provide for the applicability of customary laws governing prop-
erty rights or relations in determining the ownership and extent of ancestral domain.
Social Function of Property
SEC. 6. The use of property bears a social function and all economic agents shall
contribute to the common good. Individuals and private groups, including corporations,
cooperatives, and similar collective organizations, shall have the right to own, establish, and
operate economic enterprises, subject
to the duty of the State to promote
distributive justice and to intervene
when the common good so demands.
Social Justice and Human

Rights
Article XIII
Ecological Considerations in Agra-

rian Reform
SEC. 4. The State shall, by

law, undertake an agrarian reform
program founded on the right of
farmers and regular farm workers,
who are landless, to own directly or
collectively the lands they till or, in “The fishing was good; it was the catching that
the case of other farm workers, to was bad.” — A.K. Best
receive a just share of the fruits (G. Tapan, Natural Heritage)
thereof. To this end, the State shall
encourage and undertake the just distribution of all agricultural lands, subject to such
priorities and reasonable retention limits as the Congress may prescribe, taking into
account ecological, developmental, or equity considerations, and subject to the payment
of just compensation. In determining retention limits, the State shall respect the rights
of small landowners. The State shall further provide incentives for voluntary land-
sharing.
Preferential Use of Marine Resources for Subsistence Fishermen
SEC. 7. The State shall protect the rights of subsistence fishermen, especially of
local communities, to the preferential use of the communal marine and fishing re-
sources, both inland and offshore. It shall provide support to such fishermen through
appropriate technology and research, adequate financial, production, and marketing
assistance, and other services. The State shall also protect, develop, and conserve such
marine resources. The protection shall extend to offshore fishing grounds of subsistence
16
PHILIPPINE ENVIRONMENTAL POLICY
fishermen against foreign intrusion. Fish workers shall receive a just share from their
labor in the utilization of marine and fishing resources.
Health Care and Regulation
SEC. 11. The State shall adopt an integrated and comprehensive approach to
health development which shall endeavor to make essential goods, health and other
social services available to all the people at affordable cost. There shall be priority for
the needs of the underprivileged, sick, elderly, disabled, women, and children. The State
shall endeavor to provide free medical care to paupers.
SEC. 12. The State shall establish and maintain an effective food and drug regu-
latory system and undertake appropriate health manpower development and research,
responsive to the country’s health needs and problems.
Rights of Women
SEC. 14. The State shall protect working women by providing safe and healthful
working conditions, taking into account their maternal functions, and such facilities
and opportunities that will enhance their welfare and enable them to realize their full
potential in the service of the nation.
Role and Rights of People’s Organizations
SEC. 23. The State shall encourage nongovernmental, community-based, or sec-

toral organizations that promote the welfare of the nation (Article II).
SEC. 15. The State shall respect the role of the independent people’s organiza-
tions to enable the people to pursue and protect, within the democratic framework, their
legitimate and collective interests and aspirations through peaceful and lawful means.
People’s organizations are bona fide associations of citizens with demonstrated ca-
pacity to promote the public interest and with identifiable leadership, membership, and
structure.
Local Autonomy
Article X
SEC. 25. The State shall ensure the autonomy of local governments (Article II)
General Environmental Laws

Philippine Environmental Policy
(Presidential Decree 1151)
Whereas, the individual and, at times, conflicting demands of population growth,

urbanization, industrial expansion, rapid natural resources utilization, and increasing
17
TOUR OF THE HORIZON
technological advances have resulted in a piece-meal approach concept of environmental

protection;
Whereas, such tunnel-vision concept is not conducive to the attainment of an ideal
environmental situation where man and nature can thrive in harmony with one an-
other; and
Whereas, there is now an urgent need to formulate an intensive, integrated pro-
gram of environmental protection that will bring about a concerted effort towards the
protection of the entire spectrum of the environment through a requirement of envi-
ronmental impact assessments and statements:
Now, Therefore, I, Ferdinand E. Marcos, President of the Philippines, by virtue of
the powers vested in me by the Constitution, do hereby order and decree:
SECTION 1. Policy—It is hereby declared a continuing policy of the State (a) to
create, develop, maintain, and improve conditions under which man and nature can
thrive in productive and enjoyable
harmony with each other, (b) to ful-
fill the social, economic and other re-
quirements of present and future
generations of Filipinos, and (c) to
ensure the attainment of an environ-
mental quality that is conducive to a
life of dignity and well-being.
SEC. 2. Goal—In pursuing
this policy, it shall be the respon-
sibility of the government, in coopera-
tion with concerned private organiza-
tions and entities, to use all practi-
cable means, consistent with other
essential considerations of national
policy, in promoting the general wel-
fare to the end that the nation may
(a) recognize, discharge, and fulfill
“Sing, sweetness to the last palpitation of the evening
and the Breeze.” — St. John Perse the responsibilities of each generation
as trustee and guardian of the en-
(G. Tapan, Natural Heritage)
vironment for succeeding generations,
(b) assure the people of a safe, decent, healthful, productive, and aesthetic environment,
(c) encourage the widest exploitation of the environment without degrading it, or endan-
gering human life, health, and safety or creating conditions adverse to agriculture, com-
merce, and industry, (d) preserve important historic and cultural aspects of the Philippine
heritage, (e) attain a rational and orderly balance between population and resource use,
and (f) improve the utilization of renewable and nonrenewable resources.
SEC. 3. Right to a Healthy Environment—In furtherance of these goals and poli-
cies, the government recognizes the right of the people to a healthful environment. It
18
PHILIPPINE ENVIRONMENT CODE
shall be the duty and responsibility of each individual to contribute to the preservation
and enhancement of the Philippine environment.
SEC. 4. Environmental Impact Statements—Pursuant to the above enunciated
policies and goals, all agencies and instrumentalities of the national government, in-
cluding government-owned or controlled corporations, as well as private corporations
firms and entities shall prepare, file, and include in every action, project, or undertak-
ing which significantly affects the quality of the environment a detailed statement on:
a. the environmental impact of the proposed action, project, or undertaking;
b. any adverse environmental effect which cannot be avoided should the proposal
be implemented;
c. alternative to the proposed action;
d. a determination that the short-term uses of the resources of the environment
are consistent with the maintenance and enhancement of the long-term productivity of
the same; and
e. whenever a proposal involves the use of depletable or nonrenewable resources,
a finding must be made that such use and commitment are warranted.
Before an environmental impact statement is issued by a lead agency, all agencies
having jurisdiction over, or special expertise on, the subject matter involved shall com-
ment on the draft environmental impact statement made by the lead agency within
thirty (30) days from receipt of the same.
SEC. 5. Agency Guidelines—The different agencies charged with environmental
protection as enumerated in Letter of Instruction No. 422 shall, within sixty (60) days
from the effectivity of this Decree, submit to the National Environmental Protection
4
Council (NEPC), their respective guidelines, rules, and regulations to carry out the
provisions of Section 4 hereof on environmental impact assessments and statements.
SEC. 6. Repealing Clause—All acts, presidential decrees, executive orders, rules,
and regulations or parts thereof which are inconsistent with the provisions of this De-
cree are hereby repealed, amended, or modified accordingly.
SEC. 7. Effectivity—This Decree shall take effect immediately.
Done in the City of Manila this 6th day of June, 1977.
Philippine Environment Code

Whereas, the broad spectrum of environment has become a matter of vital concern
to the government;
_______________________
4
All reference to the NEPC (or council) and the National Pollution Control Commission
(NPCC) shall mean to refer to the DENR.
19
TOUR OF THE HORIZON
Whereas, the national leadership has taken a step towards this direction by creating
5
the National Environmental Protection Council under Presidential Decree No. 1121;
Whereas, it is necessary
that the creation of the Council
be implemented with the launch-
ing of a comprehensive program
of environmental protection and
management;
Whereas, such a program
can assume tangible and mea-
ningful significance only by es-
tablishing specific environment
management policies and pres-
cribing environment quality
standards in a Philippine Envi-
ronment Code:
Now, Therefore, I,
Ferdinand E. Marcos, President
of the Republic of the Philippines,
by virtue of the powers vested in
me by the Constitution, do here- “We are surrounded by a rich and fertile mystery.” —
by order and decree: Henry David Thoreau
(A. Oposa)
SECTION 1. Short
Title—This Decree shall be known and cited as the “Philippine Environment Code.”
Title I—Air Quality Management
Note: The provisions on air quality management have been revised by the Clean Air
Act of 1999 (R. A. No. 8749. Please see Chapter 3).
Title II—Water Quality Management
Note: The provisions on Water Quality have been revised by the Clean Water Act
(Republic Act ____, Please see Chapter 4) . The provisions quoted hereunder, esp. Sec.
17 and 20, were creatively used to compel the various government agencies to clean up
Manila Bay. Please news article below. However, the case is still under litigation with
the Government filing a Petiton for Review before the Supreme Court from the Decision
of the Court of Appeals.
_______________________
5
Abolished by Sec. 16, E.O. No. 192, s. 1987.
20
SEC. 14. Purpose—It is the purpose of this Title to prescribe management

guidelines aimed to protect and improve the quality of Philippine water resources
through:
a. classification of Philippine waters;
b. establishment of water quality standards;
c. protection and improvement of the quality of the Philippine water resources, and
d. responsibilities for surveillance and mitigation of pollution incidents.
Chapter I—Classification and Standards
SEC. 15. Classification of Philippine Waters—The National Pollution Control

6
Commission, in coordination
with appropriate government
agencies, shall classify Phil-
ippine waters, according to their
best usage. In classifying said
waters, the National Pollution
CA RULING COMPELS GOVT. ‘ TO CLEAN UP MANILA BAY
Control Commission shall take
into account, among others, the MANILA, October 13, 2005 (STAR) By Michael Punongbayan—Fifteen government
agencies are now compelled to save the country’s most important coastline following a
following: landmark decision by the Court of Appeals (CA) to favor Manila Bay area residents, who filed
a class suit against the national government in 1999.
a. the existing quality of The appellate court, in a resolution dated Sept. 28, 2005, cracked the whip on the Metro-
politan Waterworks and Sewerage Systems, the Local Water Utilities Administration, the
the body of water at the time of Philippine Ports Authority and 12 other national government offices for being remiss in their
classification; obligation to clean up, rehabilitate, and protect Manila Bay, which has been downgraded into a
virtual body of water filled with fecal coliform.
b. the size, depth, surface The order gives the 15 agencies and all concerned local government units six months to
act.
area covered, volume, direction, Also included in the suit were the Department of Environment and Natural Resources,
rate of flow, gradient of stream; Department of Agriculture, Bureau of Fisheries and Aquatic Resources, Philippine Coast
Guard, Metropolitan Manila Development Authority, Philippine National Police— Maritime
and Group, Department of Budget and Management, Department of Education and Department of
the Interior and Local Government.
c. the most beneficial uses The CA specifically tasked government agencies to come up with a “concerted plan of
action to clean up and rehabilitate the Manila Bay and its waterways to restore it to Class SB
of said bodies of water and lands classification (bathing standard) and to revitalize its marine life.”
bordering them for residential, CA Second Division Associate Judge Eliezer de Los Santos, as concurred by Associate
Judges Eugenio Labitoria and Jose Reyes Jr., upheld the earlier decision of Executive Judge
agricultural, commercial, indus- Lucenito Tagle of the Regional Trial Court of Imus, Cavite dated Sept. 13, 2002, favoring
concerned residents in cities and municipalities surrounding Manila Bay in a class suit filed
trial, navigational, recreational, against the Philippine government in January 1999.
and aesthetic purposes. The Star, through lawyer Tony Oposa of the Philippine Bar Association (PBA), obtained
a copy of the 13-page decision, which he described as a “grandslam” victory for environ-
mental advocates like him who fear for the continuing depletion and deterioration of the
SEC. 16. Reclassification country’s natural resources.
of Waters Based on Intended All 15 government agencies, after losing at the lower court, took the case to the CA in an
effort to reverse the ruling.
Beneficial Use—Where the public However, the CA said the consolidated appeal was “bereft of merit.”
interest so requires, the National “The decision of the lower court does not require defendants to do tasks outside of their
usual functions. They are merely directed to come up with consolidated and coordinated
Pollution Control Commission, in efforts, each performing its basic function in rehabilitating and cleaning up the waters of
Manila Bay,” the CA ruling said.
coordination with appropriate go-
vernment agencies, shall reclas-
_______________________
6
All references to NPCC now refer to the DENR.
21
TOUR OF THE HORIZON
sify a body of water based on the intended beneficial use and take such steps as may be
necessary to upgrade the quality of said water. Other government agencies may adopt
higher standards for a particular body of water, subject to the approval of the National
Pollution Control Commission.
SEC. 17. Upgrading of Water Quality— Where the quality of water has deterio-
rated to a degree where its state will adversely affect its best usage, the government
agencies concerned shall take such measures as may be necessary to upgrade the qual-
ity of such water to meet the prescribed water quality standards.
SEC. 18. Water Quality Standards— The National Pollution Control Commis-
sion shall prescribe quality and effluent standards consistent with the guidelines set by
the National Environmental Protection Council and the classification of waters pre-
scribed in the preceding sections, taking into consideration, among others, the follow-
ing:
a. the standard of water quality or purity may vary according to beneficial uses;
and
b. the technology relating to water pollution control.
Chapter II—Protection and Improvement of Water Quality
SEC. 19. Enforcement and Coordination—The production, utilization, storage,

and distribution of hazardous, toxic, and other substances such as radioactive materi-
als, heavy metals, pesticides, fertilizers, and oils, and the disposal, discharge, and
dumping of untreated wastewater, mine tailings, and other substances that may pollute
any body of water of the Philippines resulting from normal operations of industries,
water-borne sources, and other human activities as well as those resulting from acci-
dental spills and discharges shall be regulated by appropriate government agencies
pursuant to their respective charters and enabling legislations. In the performance of
the above functions, the government agencies concerned shall coordinate with the Na-
tional Environmental Protection Council and furnish the latter with such information
as may be necessary to enable it to attain its objectives under Presidential Decree No.
1121.
SEC. 20. Clean-up Operations—It shall be the responsibility of the polluter to
contain, remove, and clean up water pollution incidents at his own expense. In case of
his failure to do so, the government agencies concerned shall undertake containment,
removal, and clean-up operations and expenses incurred in said operations shall be
charged against the persons and/or entities responsible for such pollution.
SEC. 21. Water Quality Monitoring and Surveillance—The various government
agencies concerned with environmental protection shall establish to the greatest extent
practicable a water quality surveillance and monitoring network with sufficient stations
and sampling schedules to meet the needs of the country. Said water quality surveil-
lance network shall put to maximum use the capabilities of such government agencies.
22
Each agency involved in such network shall report to the National Environmental Pro-
tection Council the results of these monitoring activities as the need arises.
Note: All of the above provisions of water quality have been superseded by the
Clean Water Act of 2004, RA 9275.
Title III—Land Use Management
SEC. 22. Purpose—The purposes of this Title are:

a. to provide a rational, orderly, and efficient acquisition, utilization, and disposi-
tion of land and its resources in order to derive therefrom maximum benefits; and
b. to encourage the prudent use and conservation of land resources in order to
prevent an imbalance between the nation’s needs and such resources.
SEC. 23. National Land Use Scheme—The Human Settlements Commission, in
coordination with the appropriate agencies of the government, shall formulate and
recommend to the National Environmental Protection Council a land use scheme con-
sistent with the purpose of this Title.
The land use scheme shall include among others, the following:
a. a science-based and technology-oriented land inventory and classification system;
b. a determination of present land uses, the extent to which they are utilized,
underutilized, rendered idle, or abandoned;
c. a comprehensive and accurate determination of the adaptability of the land for
community development, agriculture, industry, commerce, and other fields of endeavor;
d. a method of identification of areas where uncontrolled development could re-
sult in irreparable damage to important historic, cultural, or aesthetic values, or natu-
ral systems or processes of national significance;
e. a method for exercising control by the appropriate government agencies over
the use of land in areas of critical environmental concern and areas impacted by public
facilities including, but not limited to, airports, highways, bridges, ports and wharves,
buildings, and other infrastructure projects;
f. a method to ensure the consideration of regional development and land use in
local regulations;
g. a policy for influencing the location of new communities and methods for as-
suring appropriate controls over the use of land around new communities;
h. a system of controls and regulations pertaining to areas and development ac-
tivities designed to ensure that any source of pollution will not be located where it
would result in a violation of any applicable environmental pollution control regula-
tions; and
i. a recommended method for the periodic revisions and updating of the national
land use scheme to meet changing conditions.
23
TOUR OF THE HORIZON
SEC. 24. Location of Industries—In the location of industries, factories, plants,

depots, and similar industrial establishments, the regulating or enforcing agencies of
the government shall take into consideration the social, economic, geographic, and sig-
nificant environmental impact of said establishments.
Title IV—Natural Resources Management and Conservation
SEC. 25. Purposes— The purposes of this Title are:

a. to provide the basic policy on the management and conservation of the coun-
try’s natural resources to obtain the optimum benefits therefrom and to preserve the
same for the future generations; and
b. to provide general measures through which the aforesaid policy may be carried
out effectively.
Chapter I—Fisheries and Aquatic Resources
Note: The policies on fisheries and aquatic resources are further reiterated and ampli-
fied by the Fisheries Code of 1998 (Rep. Act No. 8550. Please see Chapter 4 Sea).
SEC. 26. Management Pol-

icy—The national government,
through the Department of Natural
7
Resources, shall establish a system
of rational exploitation of fisheries
and aquatic resources within the
Philippine territory and shall encou-
rage citizen participation therein to
maintain and/or enhance the opti-
mum and continuous productivity of
the same.
SEC. 27. Measures for Na-
tional Exploitation—Measures for
the national exploitation of fisheries
and other aquatic resources may
include, but shall not be limited to,
the following:
a. undertaking manpower and “If you gave me several million years, there would be
expertise development; nothing that did not grow in beauty if it were surrounded
by water.” — Jan Erik Vold, What All The World
b. acquiring the necessary fa-
Knows, 1970
cilities and equipment; (Yvette Lee)
_______________________
7
DNR is now the DENR.
24
c. regulating the marketing of threatened species of fish or other aquatic re-

sources;
d. reviewing all existing rules and regulations on the exploitation of fisheries and
aquatic resources with a view of formulating guidelines for the systematic and effective
enforcement thereof; and
e. conserving the vanishing species of fish and aquatic resources such as turtles,
sea snakes, crocodiles, corals, as well as maintaining the mangrove areas, marshes and
inland waters, coral reef areas, and islands serving as sanctuaries for fish and other
aquatic life.
Chapter II—Wildlife
Note: SECTIONS 28 and 29.

The provisions of these sections are deemed modified by Rep. Act 9147, the new
comprehensive law on the Conservation and Protection of Wildlife (Please see Chapter
3, Protected Species)
Chapter III—Forestry and Soil Conservation
SEC. 30. Management Policy

for Forestry—The national govern-
ment, through the Department of
Natural Resources, shall undertake
a system of rational exploitation of
forest resources and shall encourage
citizen participation therein to keep
the country’s forest resources at
maximum productivity at all times.
SEC. 31. Measures for Ratio-
nal Exploitation of Forest Resour-
ces—Measures for the rational ex-
ploitation of forest resources may
include, but shall not be limited to,
the following:
a. regulating the marketing of
threatened forest resources;
b. reviewing all existing rules
“The nation that destroys its soil destroys itself.” — and regulations on the exploitation
Franklin D. Roosevelt of forest resources with a view of
(N. Oshima, Forest) formulating guidelines for the syste-
matic and efficient enforcement
thereof;
25
TOUR OF THE HORIZON
c. conserving threatened species of flora as well as increasing their rate of propa-

gation; the banning of destructive modes of exploitation, kaingin making or shifting
cultivation, indiscriminate harvesting of minor forest products, the recycling methods of
waste materials, and
d. carrying out a continuing effect on reforestation, timber stand improvement,
forest protection, land classification,
forest occupancy management, agri-
culture, range management, agricul-
tural/kaingin management, indus-
trial tree plantation, parks and wild-
life management, multiple use fo-
rest, timber management and forest
research.
SEC. 32. Use of Fertilizers
and Pesticides—The use of fertili-
zers and pesticides in agriculture
shall be regulated prescribing there-
fore a tolerance level in their use.
Their use shall be monitored by ap-
propriate government agencies to
provide empirical data for effective
regulation.
SEC. 33. Management Policy
on Soil Conservation—The national
government, through the Department
of Natural Resources and the Depart-
ment of Agriculture, shall likewise
undertake a soil conservation program Grass and sky are the two canvasses into which the
including therein the identification rich details of the Earth are drawn. — Louise
and protection of critical watershed Erdrich, Big Grass
areas, encouragement of scientific far- (G. Tapan, Natural Heritage)
ming techniques, physical and biologi-
cal means of soil conservation, and short-term and long-term researches and technology for
effective soil conservation.
Chapter IV—Flood Control and Natural Calamities
SEC. 34. Measures in Flood Control Program—In addition to the pertinent pro-
visions of existing laws, the following shall be included in a soil erosion, sediment, and
flood control program:
a. the control of soil erosion on the banks of rivers, the shores of lakes, and the
seashores;
26
b. the control of flow and flooding in and from rivers and lakes;
c. the conservation of water which, for purposes of this Section shall mean forms
of water, but shall not include captive water;
d. the needs of fisheries and wildlife and all other recreational uses of natural
water;
e. measures to control the damming, diversion, taking, and use of natural water,
so far as any such act may affect the quality and availability of natural water for other
purposes; and
f. measures to stimulate research in matters relating to natural water and soil
conservation and the application of knowledge thereby acquired.
SEC. 35. Measures to Mitigate Destructive Effects of Calamities—The national
government, through the Philippine Atmospheric, Geophysical, and Astronomical Ser-
vices Administration, shall promote intensified and concerted research efforts on
weather modification, typhoon, earthquake, tsunami, storm surge, and other tropical
natural phenomena in order to bring about any significant effect to mitigate or prevent
their destructive effects.
Chapter V—Energy Development
Note: The following provisions are deemed modified and amplified by the creation of
the Department of Energy, R. A. No. 7638 (1992).
SEC. 36. Policy—Consistent with the environmental protection policies, the na-
tional government, through the Energy Development Board, shall undertake an energy
8
development program encouraging therein the utilization of invariant sources such as
solar, wind, and tidal energy.
SEC. 37. Measures for Energy Development—Measures for [an] energy develop-
ment program may include, but shall not be limited to, the following:
a. setting up of pilot plants utilizing invariant sources of energy;
b. training of technical personnel for purposes of energy development; and
c. conducting researches aimed at developing technology for energy development.
SEC. 38. Safety Measures on Energy Development—Rules and regulations shall
be promulgated to prevent or mitigate the adverse effects of energy development on the
environment. For this purpose, all nuclear-powered plants exploring and utilizing geo-
thermal energy, whether owned or controlled by private or government entities shall:
a. observe internationally accepted standards of safety; and
_______________________
8
Also known as renewable sources of energy.
27
TOUR OF THE HORIZON
b. provide safety devices to ensure the health and welfare of their personnel as
well as the surrounding community.
Chapter VI—Conservation and Utilization of Surface and Ground Waters
SEC. 39. Management Policy—In addition to existing laws, the national gov-
ernment, through the National Water Resources Council in coordination with other
appropriate government agencies, shall prescribe measures for the conservation and
improvement of the quality of Philippine water resources and provide for the preven-
tion, control, and abatement of water pollution.
Chapter VII—Mineral Resources
Note: The provisions on mineral resources are deemed amplified by the Philippine
Mining Act of 1995 (R. A. No. 7942).
SEC. 40. Management Policy—The national government, through the Depart-

ment of Natural Resources, shall undertake a system of gainful exploitation and ra-
tional and efficient utilization of mineral resources and shall encourage citizen partici-
pation in this endeavor.
SEC. 41. Measures for Exploitation and Utilization of Mineral Resources—
Measures for the gainful exploitation and rational and efficient utilization of such min-
eral resources may include, but shall not be limited to, the following:
a. increasing research and development in mineral resources technology;
b. training of additional technical manpower needed in geology, geophysics, min-
ing engineering, and related fields;
c. regulating the exploitation of identified mineral reserves;
d. accelerating the exploration of undiscovered mineral deposits; and
e. encouraging the establishment of processing plants for refined metals.
Title V—Waste
Note: Sections 42 to 49 on waste management are deemed modified by the Solid

Waste Management Act (R.A. 9003).
The responsibility of local governments for solid waste management is further am-
plified by the provisions of the Local Government Code of 1991 (Rep. Act No. 7160) and
the Ecological Solid Waste Management Act (R.A. 9003).
28
Chapter III—Methods of Liquid Waste Disposal

(Deemed Revised by the Clean Water Act, R.A. 9275)
SEC. 50. Liquid Waste Disposal—Wastewater from manufacturing plants, indus-

tries, community or domestic sources shall be
treated either physically, biologically, or
chemically, prior to disposal in accordance
with the rules and regulations promulgated
by proper government authority.
SEC. 51. Applicability of Section 8—
The provisions of Section 8 hereof shall like-
wise apply to the dumping or disposal of liquid
waste into the sea and other bodies of water.
Title VI—Miscellaneous Provisions
SEC. 52. Population-Environment Ba-
lance—In the assessment of development
projects, the National Environmental Protec-
tion Council, hereinafter referred to in this
Title as the “Council” shall take into consi-
deration their effect on the population with a
view to achieving a rational and orderly ba-
lance between man and his environment.
“The emergence of intelligence, I am con- SEC. 53. Environmental Education—
vinced, tends to unbalance the ecology. In The Department of Education and Culture
other words, intelligence is the great pol-
shall integrate subjects on environmental
luter. It is not until a creature begins to ma-
nage its environment that nature is thrown education in its school curricula at all levels.
into disorder.” — Clifford D. Simak It shall also endeavor to conduct special
(Cora Claudio) community education emphasizing the rela-
tionship of man and nature as well as envi-
ronmental sanitation and practices.
The Council and other government agencies implementing environmental protection
laws in coordination with public information agencies of the government shall undertake
public information activities for the purpose of stimulating awareness and encouraging
involvement in environmental protection.
SEC. 54. Environmental Research—The Council shall undertake and/or promote
continuing studies and research programs on environmental management and shall,
from time to time, determine priority areas of environmental research.
SEC. 55. Monitoring and Dissemination of Environmental Information of Foreign
Origin—The Council shall keep itself informed of current environmental developments by
obtaining information and literature from foreign sources through the Department of
Foreign Affairs, government agencies, and other entities, both domestic and foreign. Such
information and literature shall be given the widest dissemination possible.
29
TOUR OF THE HORIZON
SEC. 56. Incentives—To operate the installation and the utilization of pollution
control facilities, the following incentives are hereby granted:
a. exemption to the extent of fifty percent (50%) of tariff duties and compensating
tax for the importation of pollution control equipment, devices, spare parts and accesso-
ries for a period of five (5) years from the effectivity of this Decree subject to the condi-
tions that will be imposed by the Council;
b. a tax credit equivalent to fifty percent (50%) of the value of the compensating
tax and tariff duties that would have
been paid on the pollution control
equipment, devices, spare parts, and
accessories had these items been
imported shall, within a period of seven
(7) years from the effectivity of this
Decree, be given to the person or firm
who or which purchases them from a
domestic manufacturer, and another tax
credit equivalent to twenty-five percent
(25%) thereof shall be given to the said
manufacturer subject to such conditions
as may be imposed by the Council; and
c. deductions equivalent to fifty
percent (50%) of the expenses actually
incurred on research projects under-
taken to develop technologies for the
manufacture of pollution control equip-
ment which have been proven effective
and commercially reproducible, from the
taxable income of the person or firm “Though inland far we be, Our souls have sight
actually undertaking such projects sub- of that immortal sea Which brought us
ject to the conditions that may be im- hither.”— William Wordsworth, Intimations
posed by the Council. of Immortality
(A. Oposa)
The pollution control equipment,
devices, spare parts, and accessories acquired under this Section shall not be sold,
transferred, or disposed of within five (5) years from the date of acquisition without the
prior approval of the Council, otherwise the importer or purchaser shall pay twice the
amount of the tax exemption or tax credit granted.
Incentives
While the incentives mentioned above (Sec. 55) have lapsed and are no longer appli-
cable, other incentives granted by the annual list of investment priority areas are still
available (e.g., income tax holidays, tax credits, etc.) Please see Chapter 7 for an example
of the listing of the incentives for environment - related industries and facilities.
30
SEC. 57. Financial Assistance/Grant—Financial assistance/grant for the study,

design, and construction of environmental protection facilities especially for waste dis-
posal in favor of cities, municipalities, small- and medium-scale industries may be
granted on a case-to-case basis subject to such conditions as may be imposed by the
Council.
SEC. 58. Participation of Local Government Units and Private Individuals—It
shall be the responsibility of local government units as well as private individuals to
actively participate in the environmental management and protection programs of the
government.
SEC. 59. Preservation of Historic and Cultural Resources and Heritage—It shall
be the duty of every person to help preserve the historic and cultural resources of the
country such as sites, structures, artifacts, documents, objects, memorials and priceless
trees.
SEC. 60. Government Offices Performing Environmental Protection Functions—
Government agencies vested by law to exercise environmental management power,
shall continue to function as such within their respective jurisdictions. The Council
may, however, in the exercise of its powers and functions under Presidential Decree No.
1121, inquire into any action or issue of environmental significance.
SEC. 61. Public Hearings—The Council may, whenever it deems necessary, con-
duct public hearings on issues of environmental significance.
SEC. 62. Definition of Terms—As used in this Code:
a. Ambient air quality means the average atmospheric purity as distinguished
from discharge measurements taken at the source of pollution. It is the general amount
of pollution present in a broad area.
b. Emission means the act of passing into the atmosphere an air contaminant,
pollutant, gas stream, and unwanted sound from a known source.
c. Water quality means the characteristics of water which define its use in terms
of physical, chemical, and biological contents; hence the quality of water for domestic
use is different from industrial use.
d. Water quality surveillance means a close and continuous supervision of the
water quality to detect developments, movements, or changes in the characteristics of
the water.
e. Water quality standard means a plan that is established by governmental au-
thority as a program for water pollution prevention and abatement. Such a standard
may include water use classification and the criteria to support the uses of the water.
f. Effluent standards means restrictions established to limit levels of concentra-
tion of physical, chemical, and biological constituents which are discharged from point
sources.
31
TOUR OF THE HORIZON
g. Clean-up operations refers to activities conducted in removing the pollutants

discharged or spilled in water to restore it to pre-spill condition.
h. Accidental spills refers to spills of oil or other hazardous substances in water
that result from accidents involving the carriers of such substance such as collisions
and grounding.
i. Areas of critical environmen-
tal concern are areas where uncontrol-
led development could result in irrepa-
rable damage to important historic,
cultural, or aesthetic values or natural
systems or processes of national signi-
ficance.
j. Hazardous substances means
elements or compounds which when
discharged in any quantity present im-
minent or substantial danger to public
health and welfare.
k. Areas impacted by public fa-
cilities refers to areas where the intro-
duction of public facilities may tend to
induce development and urbanization
of more than local significance or im-
pact.
l. Environmental impact is the
alteration, to any degree, of environ-
mental conditions or the creation of a
new set of environmental conditions,
adverse or beneficial, to be induced or
“The sun, with all those planets revolving around caused by a proposed project.
it and dependent upon it, can still ripen a bunch m. Government agencies refers to
of grapes as if it had nothing else in the universe national, local, and regional agencies and
to do.” — Galileo
instrumentalities including government-
(A. Oposa)
owned and controlled corporations.
Title VII—Final Provisions

SEC. 63. Separability of Provisions—If any provision of this Code, or the appli-
cation of such provision to any person or circumstance, is declared unconstitutional, the
remainder of the Code or the application of such provision to other persons or circum-
stances shall not be affected by such declaration.
SEC. 64. Effectivity—This Code shall take effect upon its approval.
Done in the City of Manila, this 6th day of June, 1977.
32
ENVIRONMENTAL IMPACT STATEMENT SYSTEM
Environmental Impact Statement System

9
Whereas, the pursuit of a comprehensive and integrated environment protection

program necessitates the establishment and institutionalization of a system whereby
the exigencies of socio-economic undertakings can be reconciled with the requirements
of environmental quality;
Whereas, the regulatory requirements of environmental impact statements and
assessments instituted in pursuit of this national environmental protection program
have to be worked into their full regulatory and procedural details in a manner consis-
tent with the goals of the program.
the powers vested in me by the Constitution, do hereby order and declare:
SECTION 1. Policy—It is hereby de- The land is a mother that never dies.
clared the policy of the State to attain and
--- Maori
maintain a rational and orderly balance
between socioeconomic growth and environmental protection.
SEC. 2. Environmental Impact Statement System—There is hereby established
an Environmental Impact Statement System founded and based on the environmental
10
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 affects the quality of the
environment.
SEC. 3. Determination of Lead Agency—The Minister of Human Settlements or
his designated representative is hereby authorized to name the lead agencies referred
11
to in Section 4 of Presidential Decree No. 1151 which shall have jurisdiction to under-
take 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 evalua-
tion.
SEC. 4. Presidential Proclamation of Environmentally Critical Areas and Pro-
jects—The President of the Philippines may, on his own initiative or upon recommenda-
tion of the National Environmental Protection Council, by proclamation declare certain
_______________________
9
This Law provides in more detail the policy on the assessment of the environmental im-
pact of any proposed project as stated in Sec. 4 of the Environmental Policy Act (P.D. 1151).
10
Philippine Environmental Policy.
11
Environmental Impact Statements.
33
TOUR OF THE HORIZON
projects, undertakings, or areas in the country as environmentally critical. No person,

partnership, or corporation shall undertake or operate any such declared environmen-
tally critical project or area without first securing an Environmental Compliance Cer-
tificate 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
reorganize such government offices, agencies, institutions, corporations, or instrumen-
talities including the realignment of government personnel, and their specific functions
and responsibilities.
For the same purpose as above, the Ministry of Human Settlements shall:
a. prepare the proper land or water use pattern for said critical project(s) or
area(s);
b. establish ambient environmental quality standards;
c. develop a program of environmental enhancement or protective measures
against calamitous factors such as earthquake, floods, water erosion, and others, and
d. perform such other functions as may be directed by the President from time to
time.
SEC. 5. Environmentally Non-critical Projects—All other projects, undertakings,
and areas not declared by the President as environmentally critical shall be considered
as non-critical and shall not be required to submit an environmental impact statement.
The National Environmental Protection Council, through the Ministry of Human Set-
tlements, may, however, require non-critical projects and undertakings to provide addi-
tional environmental safeguards as it may deem necessary.
SEC. 6. Secretariat—The National Environmental Protection Council is hereby
authorized to constitute the necessary secretariat which will administer the Environ-
mental Impact Statement System and undertake the processing and evaluation of envi-
ronmental impact statements.
SEC. 7. Management and Financial Assistance—The Ministry of Human Set-
tlements is hereby authorized to provide management and financial support to govern-
ment offices and instrumentalities placed under its supervision pursuant to this Decree
financed from its existing appropriation or from budgetary augmentation as the Minis-
ter of Human Settlements may deem necessary.
SEC. 8. Rules and Regulations—The National Environmental Protection Coun-
cil shall issue the necessary rules and regulations to implement this Decree. For this
purpose, the National Pollution Control Commission may be availed of as one of its
implementing arms, consistent with the powers and responsibilities of the National
12
Pollution Control Commission as provided in Presidential Decree No. 984.
SEC. 9. Penalty for Violation—Any person, corporation or partnership found vio-
lating Section 4 of this Decree, or the terms and conditions in the issuance of the Envi-
_______________________
12
Pollution Control Law.
34
ENVIRONMENTALLY CRITICAL AREAS AND PROJECTS
ronmental Compliance Certificate, or of the standards, rules, and regulations issued by

the National Environmental Protection Council pursuant to this Decree shall be punished
by the suspension or cancellation of his/its certificate and/or a fine in an amount not to
exceed Fifty Thousand Pesos (P50,000.00) for
every violation thereof, at the discretion of the
National Environmental Protection Council.
SEC. 10. Environmental Revolving
Fund—Proceeds from the penalties pre-
scribed in the preceding Section 9 and other
penalties imposed by the National Pollution
Control Commission as authorized in Presi-
dential Decree No. 984, shall be automa-
tically appropriated into an Environment
Revolving Fund hereby created as an ex-
emption to Presidential Decree No. 711 and
13
Presidential Decree No. 1234. The fund
shall be used exclusively for the operation of
the National Environmental Protection
Council and the National Pollution Control
Commission in the implementation of this
Decree. The rules and regulations for the
“It is a wholesome and necessary thing for utilization of this fund shall be formulated
us to turn again to the earth and in the
by the Ministry of Human Settlements and
contemplation of her beauties to know of
wonder and humility.”— Rachel Carson
submitted to the President for approval.
(Y. Lee) SEC. 11. Repealing Clause—The
Inter-Agency Advisory Council of the
National Pollution Control Commission created under Section 4 of Presidential Decree
984 is hereby abolished and its powers and responsibilities are forthwith delegated and
transferred to the control of the National Environmental Protection Council.
All other laws, decrees, executive orders, rules, and regulations inconsistent here-
with are hereby repealed, amended, or modified accordingly.
SEC. 12. Effectivity Clause—This Decree shall take effect immediately.
Environmentally Critical Areas and Projects

Whereas, it is the national policy to attain and maintain a rational and orderly
balance between socio-economic growth and environmental conservation and protection;
_______________________
13
Re: Fiduciary Funds of the national government. However, under the one-fund policy of
the national government, all revenues derived from penalties are remitted to the black hole called
the National Treasury.
35
TOUR OF THE HORIZON
Whereas, there is an urgent need to bring about an intensive integrated program

of environmental protection through a requirement of environmental impact assess-
ments and statements;
Whereas, the environmental impact statement system established under Presiden-
tial Decree No. 1586 calls for the proper management of environmentally critical areas;
Whereas, the pursuit of a comprehensive and integrated environmental protection
program necessitates the establishment and institutionalization of a system whereby
the exigencies of socio-economic undertakings can be reconciled with the requirements
of environmental protection and conservation;
Whereas, the national leadership mandates the establishment of such a system to
regulate and minimize the environmental impacts of projects and undertakings which
may significantly affect the quality of the environment in Presidential Decree No. 1586;
and
Whereas, in the effective implementation of such a system, there arises the need
to identify and declare certain projects determined to be environmentally critical.
the powers vested in me by law, hereby proclaim the following areas and types of pro-
jects as environmentally critical and within this scope of the Environmental Impact
Statement System:
A. Environmentally Critical Projects
I. Heavy Industries
a. Nonferrous metal industries
b. Iron and steel mills
c. Petroleum and petro-chemical industries including oil and gas
d. Smelting plants
II. Resource Extractive Industries
a. Major mining and quarrying projects
b. Forestry projects
1. Logging
2. Major wood-processing projects
3. Introduction of fauna (exotic animals) in public/ private forests
4. Forest occupancy
5. Extraction of mangrove products
6. Grazing
c. Fishery Projects
1. Dikes and/or fishpond development projects
36
ENVIRONMENTALLY CRITICAL AREAS AND PROJECTS
III. Infrastructure Projects

a. Major dams
b. Major power plants (fossil-fueled, nuclear-fueled, hydroelectric, or
geothermal)
c. Major reclamation projects
d. Major roads and bridges
B. Environmentally Critical Areas
1. All areas declared by law as national parks, watershed reserves, wildlife
preserves, and sanctuaries;
2. Areas set aside as aesthetic potential tourist spots;
3. Areas which constitute the habitat for any endangered or threatened spe-
cies of indigenous Philippine wildlife (flora and fauna);
4. Areas of unique historic, archaeological, or scientific interests;
5. Areas which are traditionally occupied by cultural communities or tribes;
6. Areas frequently visited and/or hard hit by natural calamities (geologic
hazards, floods, typhoons, volcanic activity, etc.)
7. Areas with critical slopes;
8. Areas classified as prime agricultural lands;
9. Recharged areas of aquifers;
10. Water bodies characterized by one or any combination of the following
conditions:
a. tapped for domestic purposes
b. within the controlled and/or protected areas declared by appropriate
authorities
c. which support wildlife and fishery activities.
11. Mangrove areas characterized by one or any combination of the following
conditions:
a. with primary pristine and dense young growth;
b. adjoining mouth or major river systems;
c. near or adjacent to traditional productive fry or fishing grounds;
d. which act as natural buffers against shore erosion, strong winds,
and storm floods; and
e. on which people are dependent for their livelihood.
12. Coral reefs characterized by one or any combinations of the following
conditions:
a. with 50% and above live coralline cover;
37
TOUR OF THE HORIZON
b. spawning and nursery grounds for fish; and

c. which acts as natural breakwater of coastlines.
This proclamation shall take effect immediately.
Done in the City of Manila, this 14th day of December, 1981.
A HORSE DESIGNED BY GOVERNMENT
The EIA system in the Philippines has undergone changes a number of times. The
latest rules governing the EIA system is Department Administrative Order No. 2003–
03.
There have been interesting developments in the area of the Multi-Partite Moni-
toring (MMT), the Environmental Guaranty Fund, and the implementation of the prin-
ciple of ‘Social Acceptability.’ These developments only prove one thing about Govern-
ments and Laws: That a camel was a horse designed by Government. (No offense meant
to the camel.)
Pollution Control Law

Whereas, there is a need to

modify the organizational struc-
ture of the National Pollution Con-
trol Commission to make it more
effective and efficient in the dis-
charge of its functions and res-
ponsive to the demands of the
times occasioned by the accelera-
tive phase of the country’s indus-
trialization program;
Whereas, there is an impera-
tive need to strengthen this Com-
mission to best protect the people
from the growing menace of envi-
ronmental pollution; and
Whereas, it is urgently neces-
sary to maintain the role of the “Only within the moment of time represented by the
Commission as the primary agency present century has one species -- man -- acquired
responsible for the prevention and significant power to alter the nature of his world.”—
Rachel Carson
control of environmental pollution;
(A. Oposa)
Now, Therefore, I, Ferdinand
E. Marcos, President of the Philippines, by virtue of the powers vested in me by the
38
POLLUTION CONTROL LAW
Constitution, do hereby order and decree the revision of Republic Act No. 3931, to be
known as the “National Pollution Control Decree of 1976,” to read as follows:
SECTION 1. Statement of Policy—It is hereby declared a national policy to pre-
vent, abate, and control pollution of water, air, and land for the more effective utiliza-
tion of the resources of this country.
SEC. 2. Definitions—As used in this Decree:
a. Pollution means any alteration of the physical, chemical, and biological prop-
erties of any water, air, and/or land resources of the Philippines, or any discharge
thereto of any liquid, gaseous, or solid wastes as will or is likely to create or to render
such water, air, and land resources harmful, detrimental or injurious to public health,
safety, or welfare or which will adversely affect their utilization for domestic, commer-
cial, industrial, agricultural, recreational, or other legitimate purposes.
b. Sewage means the water-carried human or animal wastes from residences,
buildings, industrial establishments, or other places, together with such water infiltra-
tion and surface water as may be present. The admixture or sewage and industrial
wastes or other wastes as hereafter defined shall also be considered sewage.
c. Industrial waste means any liquid, gaseous, or solid matter, or other waste
substance or a combination thereof resulting from any process of industry, manufactur-
ing trade, or business or from the development, processing, or recovery of any natural
resources which may cause or tend to cause pollution, or contribute to the pollution of
the water, air, and land resources of the Philippines.
d. Other waste means garbage, refuse, wood residues, sand, lime cinders, ashes,
offal, night-oil, tar, dye stuffs, acids, chemicals, and other substances not sewage or
industrial waste which may cause or tend to cause pollution; or contribute to the pollu-
tion of the water, air, and land resources of the Philippines.
e. Sewage system or sewerage system means pipe lines or conduits, pumping sta-
tions, force mains, constructed drainage ditches, and all other constructions, devices,
and appurtenances used for collecting or conducting sewage, and industrial wastes or
other wastes to a point of treatment, discharge, or ultimate disposal.
f. Treatment works means any method, construction device, or appliance appur-
tenant thereto, installed for the purpose of treating, neutralizing, stabilizing, disinfect-
ing, or disposing of sewage, industrial waste, or other wastes, or for the recovery of by-
products from such sewage, industrial waste, or other wastes.
g. Sewage works means individually or collectively those constructions or devices
used for collecting, pumping, treating, and disposing of sewage, industrial wastes or
other waste, or for the recovery of by-products from such sewage, industrial waste, or
other waste.
39
TOUR OF THE HORIZON
h. Outlet means the terminus of a sewage works or point of emergence in the wa-
ter, air, and land resources of the Philippines of any sewage, industrial wastes, or other
wastes.
i. Commission means the National Pollution Control Commission.
j. Person/Persons includes any being, natural or juridical, susceptible of rights
and obligations or of being the subject of legal relations.
14
SEC. 3. Creation of the National Pollution Control Commission; Members —
There is hereby created and established a National Pollution Control Commission un-
der the Office of the President. The Commission shall be headed by one full-time Com-
missioner and assisted by two full-time Deputy Commissioners, one of whom shall be
responsible for standard-setting and monitoring and the other for enforcement.
The commissioner shall be a man of proven executive ability. The deputy commis-
sioner for standard-setting and monitoring shall preferably be a sanitary engineer,
while the deputy commissioner for enforcement shall preferably be a lawyer. The Com-
missioner and the Deputy Commissioners must have technical expertise in the field of
pollution control.
The Commissioner and the Deputy Commissioners shall be appointed by the
President of the Philippines.
SEC. 4. Inter-Agency Advisory Council—There is created an Inter-Agency Ad-
visory Council, attached to the Commission, which shall be composed of representa-
tives designated by the Secretaries of the Departments of Agriculture, Health, Indus-
try, Justice, Labor, Local Government and Community Development, National De-
fense, Natural Resources, Public Works, and Transportation and Communications;
the heads of the Laguna Lake Development Authority, National Economic and Devel-
opment Authority, National Science Development Board, and Human Settlements
Commission. The Commissioner shall head the Inter-Agency Advisory Council. Repre-
sentatives from the private sector as may be affected may be invited to the delibera-
tions of the Council.
SEC. 5. Organization of the Commission—The Commission shall have a Water
Pollution Control Division, an Air Pollution Control Division, a Research and Develop-
ment Division, a Legal Division, an Administrative Division, and such other divisions or
units as may be approved in the General Appropriations Act. Nothing herein contained
shall be construed as to automatically terminate or abolish any existing position in the
Commission nor shall it be construed as a prohibition against termination of any posi-
tion.
_______________________
14
Secs. 3, 4, and 5, insofar as they relate to the creation, membership, and organization of
the NPCC and the Inter-Agency Advisory Council, are deemed repealed by E.O. No. 192 creating
the DENR.
40
The Commission shall also establish such regional offices as may be necessary.
The Commission shall provide such technical, scientific, and other services, includ-
ing the necessary laboratory and other facilities as may be required to carry out the
provisions of this Decree: Provided, That the Commission may secure such services as it
may deem necessary from other agencies of the national government, and may make
arrangements for the compensation of such services. The Commission may also employ
and compensate, within appropriations available therefore, such consultants, experts,
advisors, or assistants on a full or part-time basis as may be necessary, coming from
government or private business entities, associations, or from local or foreign organiza-
tions, to carry out the provisions of this Decree and may prescribe their powers, duties,
and responsibilities.
The Commission may conduct scientific experiments, investigations, and research
to discover economical and practical methods of preventing water, air, and land pollu-
tion. To this end, the Commission may cooperate with any public or private agency in
the conduct of such experiments, investigations and research, and may accept sums of
money, for and in behalf of the national government, given by any international, na-
tional, or other public or private agency for water, air, and land pollution control activi-
ties, surveys, or programs.
15
SEC. 6. Powers and Functions —The Commission shall have the following pow-
ers and functions:
a. Determine the location, magnitude, extent, severity, causes, effects, and other
pertinent information regarding pollution of the water, air, and land resources of the
country; take such measures, using available methods and technologies, as it shall
deem best to prevent or abate such pollution; and conduct continuing researches and
studies on the effective means for the control and abatement of pollution.
b. Develop comprehensive multi-year and annual plans for the abatement of ex-
isting pollution and the prevention of new or imminent pollution, the implementation of
which shall be consistent with the national development plan of the country. Such plans
shall indicate priorities and programs during the year.
c. Issue standards, rules, and regulations to govern the approval of plans and
specifications for sewage works and industrial waste disposal systems and the issuance
of permits in accordance with the provisions of this Decree; inspect the construction and
maintenance of sewage works and industrial waste disposal system for compliance to
plans.
d. Adopt, prescribe, and promulgate rules and regulations governing the proce-
dures of the Board with respect to hearings, plans, specifications, designs, and other
data for sewage works and industrial waste disposal system, the filing of reports, the
_______________________
15
The powers and functions listed as d, e, f, and the adjudicatory powers have been ab-
sorbed by the DENR-PAB pursuant to Sec. 19, E.O. No. 192 (1987). Reference to the “Commis-
sion” is hereinafter meant to refer to the Pollution Adjudicatory Board.
41
TOUR OF THE HORIZON
issuance of permits, and other rules and regulations for the proper implementation and
enforcement of this Decree.
e. Issue orders or decisions to compel compliance with the provisions of this De-
cree and its implementing rules and regulations only after proper notice and hearing.
f. Make, alter, or modify orders requiring the discontinuance of pollution specify-
ing the conditions and the time within which such discontinuance must be accom-
plished.
g. Issue, renew, or deny permits, under such conditions as it may determine to be
reasonable, for the prevention and abatement of pollution, for the discharge of sewage,
industrial waste, or for the installation or operation of sewage works and industrial
disposal system or parts thereof; Provided, however, That the Board, by rules and regu-
lations, may require subdivisions, condominiums, hospitals, public buildings, and other
similar human settlements to put up appropriate central sewerage systems and sewage
treatment works, except that no permits shall be required of any new sewage works or
changes to or extensions of existing works that discharge only domestic or sanitary
wastes from a single residential building provided with septic tanks or their equivalent.
The Commission may impose reasonable fees and charges for the issuance or renewal of
all permits herein required.
h. After due notice and hearing, the Commission may also revoke, suspend, or
modify any permit issued under this Decree whenever the same is necessary to prevent
or abate pollution.
i. Set up effluent, stream, ambient, and emission standards and promulgate
rules and regulations therefore; Provided, That local governments, development au-
thorities, and other similar government instrumentalities or agencies may set up higher
16
standards subject to the written approval of the Commission.
j. Serve as arbitrator for the determination of reparations or restitution of the
damages and losses resulting from pollution.
k. Deputize in writing or request assistance of appropriate government agencies
or instrumentalities for the purpose of enforcing this Decree and its implementing rules
and regulations and the orders and decisions of the Commission.
l. Consult, participate, cooperate, and enter into agreement with other agencies
of the government, and with affected political groups, political subdivisions, and enter-
prises in the furtherance of the purpose of this Decree.
m. Collect and disseminate information relating to water, air, and land pollution
and the prevention, abatement, and control thereof.
n. Authorize its representative to enter at all reasonable times any property of
the public dominion and private property devoted to industrial, manufacturing, process-
_______________________
16
Meaning “more stringent.”
42
ing, or commercial use without doing damage, for the purpose of inspecting and investi-
gating conditions relating to pollution or possible or imminent pollution.
o. Prepare and submit sixty days after the close of each calendar year an annual
report to the President and such periodic reports of activities as may be required from
time to time. The annual report shall include the extent to which the objectives in the
plans referred to under Section 6 (b) have been achieved.
p. Exercise such powers and perform such other functions as may be necessary to
carry out its duties and responsibilities under this Decree.
17
SEC. 7. Public Hearing —
a. Public hearings shall be conducted by the commissioner, deputy commission-
ers or any senior official duly designated by the commissioner prior to issuance or
promulgation of any order or decision by the commissioner requiring the discontinuance
of discharge of sewage, industrial
wastes, or other wastes into the
water, air, or land resources of the
Philippines as provided in this
Decree; Provided, That whenever
the Commission finds a prima
facie evidence that the discharged
sewage or wastes are of immediate
threat to life, public health, safety,
or welfare, or to animal or plant
life, or exceeds the allowable stan-
dards set by the Commission, the
commissioner may issue an ex
parte order directing the discon-
tinuance of the same or the tem-
porary suspension or cessation of
operation of the establishment or
person generating such sewage or
wastes without the necessity of a
prior public hearing. The said ex
“How strange that Nature does not knock, and yet does parte order shall be immediately
not intrude!” — Emily Dickinson, letter to Mrs. J.S. executory and shall remain in
Cooper, 1880 force until said establishment or
(Y. Lee, Bugsuk Island)
person prevents or abates the
said pollution within the allowable standards, or modified or nullified by a competent
court.
_______________________
17
This quasi-judicial power is now exercised by the Pollution Adjudication Board (PAB or
Board) per E.O. 192. This reference to the Commission or its members shall deemed to refer to
the Board or to the members thereof.
43
TOUR OF THE HORIZON
All records of the proceedings of said hearings shall be filed with the Commission.
All inquiries, hearings, investigations, and proceedings conducted by the Commission
shall be governed by rules adopted
by the Commission, and in the con-
duct thereof the Commission shall
not be bound by technical rules of
evidence; Provided, That the com-
missioners or any of the duly des-
ignated hearing officers may sum-
marily punish for contempt, by a
fine not exceeding Two Hundred
Pesos (P200.00), any person commit-
ting such misconduct in the presence
of any of the commissioners or any of
the duly designated hearing officers,
or so near to them as to seriously
interrupt any hearing or session or
any proceeding, or any person will-
fully fails or refuses, without just
cause, to comply with a summon, “I believe that there is a subtle magnetism in Nature,
subpoena, or subpoena duces tecum which, if we unconsciously yield to it, will direct us
issued by the members of the Com- aright.” — Henry David Thoreau
mission or by the duly designated (Y. Lee)
hearing officer or, being present at a
hearing, session, or investigation, refuses to be sworn as a witness or to answer ques-
tions when lawfully required to do so. The sheriff or other police agencies of the place
where the hearing or investigation is conducted, shall, upon request of the hearing
officer, assist in the enforcement of the provisions of this paragraph.
b. Appeal to Courts—Any decision of the Commission, in the absence of an ap-
peal therefrom as herein provided, shall become final fifteen days after the date of noti-
fication, and judicial review thereof shall be permitted only after any party claiming to
be aggrieved thereby has exhausted the remedies before the Board. The Board shall be
deemed to be a party to any judicial action involving any decision.
c. Court Review—The decision of the Commission upon any disputed matter may
be reviewed both upon the law and the facts of the case by the Court of Appeals. For
purposes of such review, the procedure concerning appeals from the Regional Trial
18
Court shall be followed. Appeal from a decision of the Commission must be perfected
within fifteen days from notification of such decision; Provided, however, That any deci-
sion of the Commission involving only questions of law, shall be appealed to the Su-
preme Court. No appeal shall stay the execution of any order or decision of the Commis-
_______________________
18
P.D. No. 984 used the outdated term “Court of First Instance” (CFI). Per B.P. Blg. 129, it
is now referred to as the Regional Trial Court (RTC), a court of general jurisdiction.
44
sion unless the Chairman of the Commission himself or the Court of Appeals or the
Supreme Court so orders.
d. Execution of Decision—Any decision or order of the Commission, after the
same has become final and executory, shall be enforced and executed in the same man-
ner as decisions of the Regional Trial Court, and the Commission shall have the power
to issue to the city or provincial sheriff or duly constituted authorities whom it may
appoint, such writs of execution as may be necessary for the enforcement of such deci-
sion or order and any person who shall fail or refuse to comply with such decision, or-
der, or writ, after being required to do so shall, upon application by the Commission, be
punished by the proper court for contempt.
SEC. 8. Prohibitions—No person shall throw, run, drain, or otherwise dispose
into any of the water, air, and/or land resources of the Philippines, or cause, permit,
suffer to be thrown, run, drain, allow to seep, or otherwise dispose thereto any organic
or inorganic matter or any substance in gaseous or liquid form that shall cause pollu-
tion thereof.
No person shall perform any of the following activities without first securing a
permit from the Commission for the discharge of all industrial wastes and other wastes
which could cause pollution:
1. the construction, installation, modification, or operation of any sewage works
or any extension or addition thereto;
2. the increase in volume or strength of any wastes in excess of the permissive
discharge specified under any existing permit;
3. the construction, installation or operation of any industrial or commercial es-
tablishments or any extension or modification thereof or addition thereto, the operation
of which would cause an increase in the discharge of waste directly into the water, air,
and/or land resources of the Philippines or would otherwise alter their physical, chemi-
cal or biological properties in any manner not already lawfully authorized.
SEC. 9. Penalties—
a. Any person found violating or failing to comply with any order, decision, or
regulation of the Commission for the control or abatement of pollution shall pay a fine
not exceeding Five Thousand Pesos per day for every day during which such violation or
default continues; and the Commission is hereby authorized and empowered to impose
the fine after due notice and hearing.
The fines so imposed shall be paid to the government of the Philippines through
the Commission, and failure to pay the fine in any case within the time specified in the
abovementioned order or decision shall be sufficient ground for the Commission to order
the closure or the stoppage in the operation of the establishment being operated and/or
managed by said person or persons until payment of the fines shall have been made.
The Commission shall have the power and authority to issue corresponding writs of
execution directing the city or provincial sheriff or other peace officers whom it may
appoint to enforce the fine or the order of closure or stoppage of operations.
45
TOUR OF THE HORIZON
Payment of fines may also be enforced by appropriate action in a court of compe-

tent jurisdiction. The remedies provided in this subsection shall not be a bar to, nor
shall affect any other remedies provided for in this Decree but shall not be cumulative
and additional to such remedies.
b. Any person who shall violate any of the provisions of Section 8 of this Decree
or its implementing rules and regulations, or any order or decision of the Commission,
shall be liable to a penalty of not to exceed One Thousand Pesos for each day during
which the violation continues, or by imprisonment of from two years to six years, or by
both fine and imprisonment, and in addition such person may be required or enjoined
from continuing such violation as hereinafter provided.
c. Any person who shall refuse, obstruct, or hamper the entry of the duly author-
ized representatives of the DENR into any property of the public domain or private
property devoted to industrial manufacturing, processing or commercial use during
reasonable hours for the purpose of inspecting or investigating the conditions therein
relating to pollution or possible or imminent pollution, shall be liable to a fine not ex-
ceeding Two Hundred Pesos or imprisonment of not exceeding one month, or both.
d. Any person who violates any of the provisions of, or fails to perform any duty
imposed by this Decree or its implementing rules and regulations or any order or deci-
sion of the Commission promulgated pursuant to this Decree thereby causing the death
of fish or other aquatic life, shall in addition to the penalty above prescribed, be liable to
pay the government for damages for fish or aquatic life destroyed.
e. In case the violator is a juridical person, the penalty shall be imposed on the
managing head responsible for the violation.
SEC. 10. Jurisdiction—The Commission shall have no jurisdiction over water-
works or sewage systems operated by the Metropolitan Waterworks Sewerage System,
but the rules and regulations issued by the Commission for the protection and preven-
tion of pollution under the authority herein granted shall supersede and prevail over
any rules or regulations as may heretofore have been issued by other government agen-
cies or instrumentalities on the same subject.
In case of development projects involving specific human settlement sites or inte-
grated regional or sub-regional projects, such as the Tondo Foreshore Development
19
Authority and the Laguna Lake Development Authority, the DENR shall consult with
the authorities charged with the planning and execution of such projects to ensure that
their pollution control standards comply with those of the DENR. Once minimum pollu-
tion standards are established and agreed upon, the development authorities concerned
_______________________
19
The Laguna Lake Development Authority is government-owned corporation with its
owned special charter and was formerly under the administrative supervision of the Office of the
President through the National Economic Development Authority (NEDA). Per E.O. No. 129
(1993), the LLDA is now an attached agency of the DENR.
46
may, by mutual agreement and prior consultation with the DENR, undertake the pollu-
20
tion control activities themselves.
SEC. 11. Appropriations—Such amount as may be necessary to carry out the
provisions of this Decree, which in no case shall be less than Five Million Pesos, is
hereby appropriated yearly for the operating expenses of the Commission out of any
funds in the National Treasury.
SEC. 12. Repealing Clause—Any provision of laws, presidential decrees, execu-
tive orders, rules, and regulations and/or parts thereof inconsistent with the provisions
of this Decree, are hereby repealed and/or modified accordingly.
SEC. 13. Effectivity—This Decree shall take effect immediately.
Done in the City of Manila, this 18th day of August, 1976.
Pollution is a Technical Issue
The determination of the existence of pollution is a technical matter that must

first be resolved by competent authority. Without such determination, a criminal case
for pollution cannot be filed.
Facts: On March 11, 1975, petitioner Donald Mead and Isaac Arivas, president and
general manager respectively of the Insular Oil Refinery Co. (INSOIL), were charged by the
provincial fiscal of Rizal for a violation of Sections 9 and 10 of Republic Act No. 3931, enti-
tled “An Act Creating a National Water and Air Pollution Control Commission.” Specifi-
cally, the complaint alleged that INSOIL polluted the environment by dumping its indus-
trial and other hazardous wastes into the highway canal in the vicinity of its plant.
Mr. Mead assails the jurisdiction of the court saying that the National Water and
Air Pollution Commission has the exclusive authority to determine the existence of
“pollution” before a criminal case can be filed for violation of said law and that the
Commission has the exclusive authority to prosecute said violations. Thus, the not hav-
ing finally ruled that there is a violation of Republic Act No. 3931 in this case, the pro-
vincial fiscal lacks the authority to prosecute him for violation of said law. The respon-
dents on the other hand, maintain that the courts have concurrent jurisdiction with the
Commission to prosecute violations of Republic Act No. 3931.
Issue: Does the court have jurisdiction to try the case for pollution?
21
Held: No. Republic Act No. 3931 is a law prohibiting the pollution of waterways
and/or the atmospheric air. As such, any prosecution for violation of said law re-
_______________________
20
The power of the LLDA to exercise pollution control activities and adopt its own proce-
dures for notice, hearing, and closure of polluting establishments is believed to be derived from
this provision of the Pollution Control Law.
21
R.A. 3931 has been revised by P.D. No. 984, the Pollution Control Law, which is the prevail-
ing law on pollution.
47
TOUR OF THE HORIZON
quires that the complainant prove that the accused committed the act which the law
tries to prevent—that is, that he “polluted” the air or waterways through some means.
“The term pollution as used in the law is not to be taken in its ordinary significa-
tion. In Sec. 2, paragraph (a), of Republic Act No. 3931, pollution is defined in these
words:
(a) Pollution means such alteration of the physical, chemical, and/or biological
properties of any water and/or atmospheric air of the Philippines, or any such discharge
of any liquid, gaseous, or solid substances into any of the waters and/or atmospheric air
of the country as will or is likely to create or render such waters and/or atmospheric air
harmful or detrimental or injurious to public health, safety or welfare, or to domestic,
commercial, industrial, agricultural, recreational, or other legitimate uses, or to live-
stock, wild animals, birds, fish, or other aquatic life.
“Th(is) definition of the term pollution in itself connotes that the determination of
its existence requires specialized knowledge of technical and scientific matters which
are not ordinarily within the competence of fiscals (prosecutors) or of those sitting in a
court of justice.” This is probably the reason why “the power to determine the existence
of pollution is vested by the law in the Commission. Section 6 . . . gives the Commission
the authority to ‘determine whether a pollution exists in any of the waters and/or at-
mospheric air of the Philippines’ while Section 8 contains explicit provisions as to the
authority of the Commission to determine the existence of pollution and to take appro-
priate actions to abate or prevent the same.”
This same section expressly provides that on matters not related to nuisance, “no
court action shall be initiated until the Commission shall have finally ruled thereon.”
“This provision leaves little room for doubt that a court action involving the determina-
tion of the existence of pollution may not be initiated until and unless the Commission
has so determined the existence of what in the law is considered pollution.”
“As may be seen from the law, the determination of the existence of pollution re-
quires investigation, public hearings, and the collection of various information relating
to water and atmospheric pollution.”
Thus, there being no investigation or finding from the Commission regarding this
matter, the provincial fiscal acted prematurely in instituting this action. Consequently,
the respondent court cannot acquire jurisdiction.
Case dismissed.
Mead v. Argel
115 SCRA 256, G. R. No. L-41958, July 20, 1982
48
“Grass is the forgiveness of Nature—her constant benediction... Forests decay, Harvests perish and
Flowers vanish, but grass is immortal.” — John James Ingall
(Mei Velas)
Cease and Desist Order May Be Issued Without Extensive Hearing

The PAB has the legal authority to issue a cease and desist order ex parte without
a hearing where the discharges exceed the allowable standards.
Facts: Solar Textile Finishing Corp. (Solar, for brevity) was charged in the PAB
with violating Section 8 of Presidential Decree No. 984, Section 103 of its Implementing
Rules and Regulations and the 1982 Effluent Regulations. The case stemmed from
PAB’s findings after several inspections that Solar’s textile plant in Malabon was dis-
charging untreated wastewater directly into a canal leading to the Tullahan-Tenejeros
River. On September 22, 1988, the PAB issued an ex parte cease and desist order (CDO)
against Solar signed by Board Chairman and then DENR Secretary Fulgencio Facto-
ran, Jr. On March 31, 1989, a writ of execution was issued. Solar filed a motion for
reconsideration to stay the execution of the CDO. Acting on this motion, the PAB issued
an order allowing Solar to operate temporarily pending another inspection and evalua-
tion by the PAB and the DENR. However, on April 21, Solar went to the RTC Quezon
City on a petition to enjoin the execution of the CDO. The RTC dismissed Solar’s peti-
tion saying that appeal was the proper remedy and that the Board’s subsequent order
allowing Solar to operate temporarily has rendered the petition moot and academic.
Solar appealed to the Court of Appeals which decided in its favor. Thus, this peti-
tion by the PAB to the Supreme Court to assail the correctness of the CA’s decision.
49
TOUR OF THE HORIZON
Issue: Did PAB deny Solar its constitutional right to due process when it issued
the closure order without a hearing or ex parte?
Held: No. The Pollution Control Law (Presidential Decree No. 984) in Section 7
a. gives the PAB the necessary legal authority to issue an ex parte cease and de-
sist order (a)whenever the wastes discharged by an establishment pose an “immediate
threat to life, public health, safety or welfare, or to animal or plant life,” or
b. whenever such discharges or wastes exceed “the allowable standards . ..”
“On the one hand, it is not essential that the Board prove that an ‘immediate
threat to life, public health, safety or welfare, or to animal or plant life’ exists before an
ex parte cease and desist order may be issued. It is enough for the Board to find that the
wastes discharged exceed ‘the allowable standards.’
In respect of discharges of wastes as to which allowable standards have been set
by the DENR, the Board may act on ex parte basis when it finds at least prima facie
proof that the wastewater or material involved presents an ‘immediate threat to life,
public health, safety or welfare or to animal or plant life.’ Since the applicable stan-
dards set by the DENR existing at any given time may well not cover every possible or
imaginable kind of effluent or waste discharge, the general standard of ‘an immediate
threat to life, public health, safety or welfare, or to animal and plant life’ remains nec-
essary.”
In this case, records show “that there was at least prima facie evidence before the
Board that the effluents emanating from Solar’s plant exceeded the maximum allowable
levels of physical and chemical substances set by the DENR and that accordingly there
was adequate basis supporting the ex parte cease and desist order issued by the Board.”
“Industrial establishments are not constitutionally entitled to reduce their capital
costs and operating expenses and to increase their profits by imposing upon the public
threats and risks to safety, health and general welfare and comfort, by disregarding the
requirement of anti-pollution statutes and their implementing regulations.
Pollution Adjudication Board v. CA

195 SCRA 112, G. R. No. 93891, March 11, 1991
Unjust Enrichment and the Internalization of Environmental Costs

The last quoted paragraph of this decision is quite interesting. First of all, it says
what it says and almost speaks directly to irresponsible industrial establishments to
“clean up their act” and not to unduly enrich themselves at the expense of the public. In
law, this is known as the principle of unjust enrichment.
Second, and very subtly, this passage is actually an early example of the modern
concept of cost internalization. In the manufacturing process, only the costs of capital,
materials, and labor are factored into the cost of production.
50
Environmental costs, i.e., the costs borne by the public as area of the pollution how-
ever, the cost to the public of the industrial pollution, are not included in the cost of goods
manufactured. In economic parlance, they are called cost externalities, i.e., costs external
to the cost of production. If the law can compel industrial establishments to install pollu-
tion control equipment and/or establish environmental management systems, the envi-
ronmental cost would then perforce be “internalized” into the cost of the goods.
The present laws do not specifically allow for the imposition of the environmental
user fee system. However, the language existing authorizing the collection of fees for the
issuance of environmental permits to operate an industrial or commercial establishment.
Jurisdiction Over Pollution Case

Pollution cases are within the exclusive jurisdiction and competence of the DENR and
therefore are beyond the
power of the local mayor to
resolve.
Facts: Technology
Developers Inc. (TDI) is a
domestic private corporation
engaged in the business of
manufacturing and exporting
charcoal briquettes. It has a
plant located in the munici-
pality of Sta. Maria, Bulacan
which became the subject of
complaints from residents.
The complainants alleged
that hazardous fumes or
smoke from the plant’s chim-
ney was polluting the envi-
ronment and causing sick-
ness among the locals. Res-
ponding to the complaints,
acting Mayor Pablo N. Cruz
ordered the closure of the
plant basing his decision on
TDI’s apparent lack of build- “The earth we abuse and the living things we kill, in the end,
ing permit, mayor’s permit their revenge; for in exploiting their presence we are dimin-
and anti-pollution permit ishing our future.” — Marya Mannes
from the National Pollution (Tess Cayton)
Control Commission (now
DENR-EMB).
51
TOUR OF THE HORIZON
TDI brought a petition before the RTC of Bulacan to prevent the mayor from carry-
ing out his order. However, the RTC allowed the mayor to effect the closure. TDI then
went to the Court of Appeals which also dismissed the petition. Hence, this petition
before the Supreme Court.
Issue: Was the RTC correct in allowing the mayor to effect the closure of the al-
legedly polluting establishment?
Held: No.
January 21, 1991 Decision
The initial decision of the Supreme Court dated January 21, 1991 declared that
the Mayor’s closure order was done pursuant to the latter’s police power. It quoted the
portion of the RTC decision which said:
“While it is true that the matter of determining whether there is a pollution of the
environment that requires control if not prohibition of the operation of a business is
essentially addressed to then National Pollution Control Commission of the Depart-
ment of Natural Resources, it must be recognized that the mayor of a town has as much
responsibility of protecting its inhabitants from pollution, by virtue of his police power,
he may deny the application for a permit to operate a business or otherwise close the
same unless appropriate measures are taken to control and/or avoid injury to the health
of the residents of the community from the emissions.”
Moreover, the Supreme Court held that “concomitant to the need to promote in-
vestment and contribute to the growth of the economy is the equally essential impera-
tive of protecting the health, nay, the very lives of the people, from the deleterious effect
of the pollution of the environment.
July 31, 1991 Resolution
(Note: However, upon motion for reconsideration, in a Resolution dated July

31, 1991, the Court reversed itself 180 degrees apparently in the face of certain evi-
dence submitted by TDI. Among others, the company submitted a building permit
issued by the Building Official of the then Ministry of Public Works and a permit to
operate issued by the DENR-EMB. The Court also found that certain signatures in
the complaint/petition submitted to the mayor as the basis of the latter’s closure order
were falsified. In its resolution, the Court said, “(o)ur previous decision was anchored
on factual allegations in the respondent mayor’s pleadings, which the trial court, the
Court of Appeals, and this court assumed to be true. The petitioner’s motion for recon-
sideration of our decision has knocked down those factual moorings of our decision.)
“We are impelled to reconsider our decision for, regardless of the mayor’s justifica-
tions for issuing his arbitrary closure order, he was, and is, bereft of jurisdiction to issue
52
it.” “The applicable law is Presidential Decree No. 984 which created and established on
August 18, 1976 the National Pollution Control Commission, later renamed Environ-
mental Management Bureau (or EMB) ‘as the primary agency responsible for the pre-
vention and control of environmental pollution‘ in the country. The primacy of its juris-
diction on matters of air, water, and pollution, is affirmed in Sections 10 and 17 of
Presidential Decree No. 984 which provide that the rules and regulations issued by the
EMB for the prevention of pollution ‘shall supersede and prevail over any rules or regu-
lations as may heretofore have been issued by other government agencies or instrumen-
talities on the same subject,’ and ‘any provision of laws, presidential decrees, executive
orders, rules and regulations and/or parts thereof inconsistent with the provisions of
this Decree are hereby repealed and/or modified accordingly.’ Evidently, even the provi-
sion of the Civil Code on nuisance, insofar as the nuisance is caused by pollution of the
air, water, or land resources, are deemed superseded by Presidential Decree No. 984
which is the special law on the subject of pollution.”
“The powers and functions of the EMB enumerated in Section 6 of Presidential
Decree No. 984 are not conferred by law on town officials.”
“Significantly, it is the discharge of industrial wastes, not the operation of the
business, that may be discontinued.” The acting mayor may not capriciously deny a
permit to operate TDI’s otherwise legitimate business on the ground that its plant was
causing excessive air pollution. Only the EMB, after due notice and hearing, may de-
termine whether excessive pollution exists.”
“The complaint against the TDI for violation of anti-pollution laws should have
been addressed to the EMB which alone is empowered to investigate and, after a public
hearing, to determine whether the charcoal briquette plant was causing air pollution in
excess of permissible limits, whether the discharge of smoke from petitioner’s 16-meter
smoke stack should be reduced or discontinued, whether additional devices for that
purpose should be installed, and whether its business should be temporarily suspended
or totally banned. That investigation and determination can only be made by the EMB,
assisted by its staff of sanitary engineers, environmental experts, chemists, physicians,
and technical men working with scientific equipment and laboratory facilities to meas-
ure the degree and extent of air pollution in the plant site and around it, and determine
the danger, if any, that it poses to the health of the people in the barangay where the
plant is located. It was never the law’s intention to place in the hands of just any lay-
man, however high his motives may be, the authority to determine if pollution exists,
and the power to toll the death knell of a multi-million peso industry which, in this
case, not only provides jobs, but also brings in export dollars for the country’s dollar-
starved economy. A special agency, the EMB, was created by law for this purpose.”
Technology Developers, Inc. v. C.A.

193 SCRA 147, G.R. No. 94759, January 21, 1991; 201 SCRA 11, July 31, 1991
53
TOUR OF THE HORIZON
Ripe for Judicial Clarification
This case is ripe for judicial clari-

fication in light of the passage of the
Local Government Code of 1991. The
case cited above and its implications
on local governance are excellent
subjects to explore in a path-breaking
legal research paper.
Note however that the resolution
of the Motion for Reconsideration was
based on certain facts: that TDI, after
all, had a permit from the EMB and a
building permit from the then Minis-
try of Public Works and that certain
signatures which formed the basis of
the residents’ complaint were falsified.
Given a different set of facts and con-
sidering the eloquent call for vigilance
by the Supreme Court in the closing
lines in the case of Tano v. Socrates, it
is believed that the Court would rule
differently if a similar case is brought
today. Do not go where the path may lead; Go instead
where there is no path and then…leave a trail.
Incidentally, the Court’s reference (Ralph W. Emerson, Essays)
to the EMB as the proper body is slightly (A. Oposa)
inaccurate. The power to hear and decide
on pollution cases is actually vested in the Pollution Adjudication Board (PAB) per Executive
Order No. 192 (1987), a quasi-judicial body of which the EMB is only the Secretariat.
Philippine Environment Partnership Program (DAO 2003-14)

Article I
Policy Statement, Objectives and Definition of Terms
Pursuant to and in line with the policy of the State to promote the people’s right to a
balanced and healthful ecology, the Philippine Agenda 21, Executive Order 192 (Sec 5,
(h)(6), PD 1152 (Sec. 58)] and the Medium Term Philippine Development Plan (19992004)
Clean Air Act of 1999, Pollution Control Law [PD 984, Sec 6 (f)(g)], Ecological Solid Waste
Management Act (Article 1, Section 2 (h), Environmental Code (PD 1152, Sec. 57), and
recognizing that Environmental Management System (EMS), Pollution Prevention/Cleaner
54
TOXIC SUBSTANCES AND HAZARDOUS WASTES
Production (P2/CP) are significant programs to reduce pollution and promote sound envi-
ronmental management, this Order is hereby promulgated to encourage and support estab-
lishments to adopt self-regulation
for improved environmental per-
formance through the provision of
regulatory assistance and other
incentives under the Philippine
Environment Partnership Program
(PEPP).
SECTION 1. Basic Policy
It is the policy of the State to
promote sustainable development
by encouraging ‘the business and/
or industrial sector to engage in
environmental improvement acti-
vities and advance self-regulation
and mandatory compliance with
environmental standards.
“All my life through, the new sights of Nature made
SEC. 2. Objectives me rejoice like a child.” — Marie Curie
(G. Tapan, Natural Heritage)
2.1 To promote mandatory
self-monitoring and compliance with environmental standards and to encourage volun-
tary self-regulation among establishments for improved environmental performance.
2.2 To provide incentives and package of assistance to establishments particu-
larly the small and medium enterprises to achieve pollution prevention/cleaner produc-
tion process.
2.3 To build or enhance the capability of establishments and/or their associations
on self-regulation.
2.4 To strengthen the capability of the Department of Environment and Natural
Resources—Environmental Management Bureau (DENR-EMB) and other Environ-
mental Authorities in implementing the PEPP towards industry self-regulation.
Toxic Substances and Hazardous Wastes (Republic Act 6969)
SECTION 1. Short Title—This Act shall be known as the “Toxic Substances and
Hazardous and Nuclear Wastes Control Act of 1990.”
SEC. 2. Declaration of Policy—It is the policy of the State to regulate, restrict, or
prohibit the importation, manufacture, processing, sale, distribution, use, and disposal of
chemical substances and mixtures that present unreasonable risk and/or injury to health
or the environment; to prohibit the entry, even in transit, of hazardous and nuclear
55
TOUR OF THE HORIZON
wastes and their disposal into the Philippine territorial limits for whatever purpose; and
to provide advancement and facilitate research and studies on toxic chemicals.
SEC. 3. Scope—This Act shall cover the importation, manufacture, processing,
handling, storage, transportation, sale, distribution, use, and disposal of all unregulated
chemical substances and mixtures in the Philippines, including the entry, even in tran-
22
sit, as well as the keeping or storage and disposal of hazardous and nuclear wastes
into the country for whatever purpose.
SEC. 4. Objectives—The objectives of this Act are:
a. To keep an inventory of
chemicals that are presently
being imported, manufactured,
or used, indicating, among
others, their existing and pos-
sible uses, test data, names of
firms manufacturing or using
them, and such other informa-
tion as may be considered rele-
vant to the protection of health
and the environment;
b. To monitor and regu-
late the importation, manufac-
ture, processing, handling, stor-
age, transportation, sale, distri-
bution, use, and disposal of che-
mical substances and mixtures
that present unreasonable risk
or injury to health or to the
environment in accordance with
national policies and interna- “Civilization is being poisoned by its own waste prod-
tional commitments; ucts.”— William Ralph Inge
(Digital Vision)
c. To inform and educate
the populace regarding the hazards and risks attendant to the manufacture, handling,
storage, transportation, processing, distribution, use, and disposal of toxic chemicals
and other substances and mixture; and
d. To prevent the entry, even in transit, as well as the keeping or storage and
disposal of hazardous and nuclear wastes into the country for whatever purpose.
_______________________
22
The phrase “as well as the keeping or storage and disposal of hazardous and nuclear
waste” is the legal basis for the passage of regulations on the storage, handling, transportation,
ad disposal of hazardous wastes.
56
SEC. 5. Definition—As used in this Act:

a. Chemical substance means any organic or inorganic substance of a particular
molecular identity, including:
i. Any combination of such substances occurring in whole or in part as a re-
sult of chemical reaction or occurring in nature; and
ii. Any element or uncombined chemical.
b. Chemical mixture means any combination of two or more chemical substances
if the combination does not occur in nature and is not, in whole or in part, the result of a
chemical reaction, if none of the chemical substances comprising the combination is a
new chemical substance and if the combination could have been manufactured for com-
mercial purposes without a chemical reaction at the time the chemical substances com-
prising the combination were combined. This shall include non-biodegradable mixtures.
c. Process means the preparation of a chemical substance or mixture after its
manufacture for commercial distribution:
i. In the same form or physical state or in a different form or physical state
from that which it was received by the person so preparing such substance or mix-
ture; or
ii. As part of an article containing a chemical substance or mixture.
d. Importation means the entry of a product or substance into the Philippines
(through the seaports or airports of entry) after having been properly cleared through or
still remaining under customs control, the product or substance of which is intended for
direct consumption, merchandising, warehousing, or for further processing.
e. Manufacture means the mechanical or chemical transformation of substances
into new products whether work is performed by power-driven machines or by hand,
whether it is done in a factory or in the worker’s home, and whether the products are
sold at wholesale or retail.
f. Unreasonable risk means expected frequency of undesirable effects or adverse
responses arising from a given exposure to a substance.
g. Hazardous substances are substances which present either:
i. short-term acute hazards, such as acute toxicity by ingestion, inhalation,
or skin absorption, corrosivity or other skin or eye contact hazards or the risk of
fire or explosion; or
ii. long-term environmental hazards, including chronic toxicity upon re-
peated exposure, carcinogenicity (which may in some cases result from acute expo-
sure but with a long latent period), resistance to detoxification process such a bio-
degradation, the potential to pollute underground or surface waters, or aestheti-
cally objectionable properties such as offensive odors.
57
TOUR OF THE HORIZON
h. Hazardous wastes are hereby defined as substances that are without any safe
commercial, industrial, agricultural, or economic usage and are shipped, transported, or
brought from the country of origin for dumping or disposal into or in transit through
any part of the territory of the Philippines.
Hazardous wastes shall also refer to by-products, side-products, process residues,
spent reaction media, contaminated plant or equipment or other substances from manu-
facturing operations, and consumer discards of manufacture products.
i. Nuclear wastes are hazardous wastes made radioactive by exposure to the
radiation incidental to the production or utilization of nuclear fuels but does not
include nuclear fuel, or radioisotopes which have reached the final stage of fabrica-
tion so as to be usable for any scientific, medical, agricultural, commercial, or in-
dustrial purpose.
SEC. 6. Functions, Powers, and Responsibilities of the Department of Environ-
ment and Natural Resources—The Department of Environment and Natural Resources
shall be the implementing agency tasked with the following functions, powers, and
responsibilities:
a. To keep an updated inventory of chemicals that are presently being manufac-
tured or used, indicating, among others, their existing and possible uses, quality, test
data, names of firms manufacturing or using them, and such other information as the
Secretary may consider relevant to the protection of health and the environment;
b. To require chemical substances and mixtures that present unreasonable risk
or injury to health or to the environment to be tested before they are manufactured or
imported for the first time;
c. To require chemical substances and mixtures which are presently being manu-
factured or processed to be tested if there is a reason to believe that they pose unrea-
sonable risk or injury to health or the environment;
d. To evaluate the characteristics of chemicals that have been tested to determine
their toxicity and the extent of their effects on health and the environment;
e. To enter into contracts and make grants for research, development, and moni-
toring of chemical substances and mixtures;
f. To conduct inspection of any establishment in which chemicals are manufac-
tured, processed, stored, or held before or after their commercial distribution and to
make recommendations to the proper authorities concerned;
g. To confiscate or impound chemicals found not falling within said acts and can-
not be enjoined except after the chemicals have been impounded;
h. To monitor and prevent the entry, even in transit, of hazardous and nuclear
wastes and their disposal into the country;
i. To subpoena witnesses and documents and to require other information if nec-
essary to carry out the provisions of this Act;
58
j. To call on any department, bureau, office, agency, state university or college,

and other instrumentalities of the government for assistance in the form of personnel,
facilities, and other resources as the need arises in the discharge of its functions;
k. To disseminate information and conduct educational awareness campaigns on
the effects of chemical substances, mixtures, and wastes on health and environment;
and
l. To exercise such powers and perform such other functions as may be necessary
to carry out its duties and responsibilities under this Act.
SEC. 7. Inter-Agency Technical Advisory Council—There is hereby created an
Inter-Agency Technical Advisory Council attached to the Department of Environment
and Natural Resources which shall be composed of the following officials or their duly
authorized representatives:
Secretary of Environment and Natural Resources—Chairman
Secretary of Health—Member
Director of the Philippine Nuclear Research Institute—Member
Secretary of Trade and Industry—Member
Secretary of Science and Technology—Member
Secretary of National Defense—Member
Secretary of Foreign Affairs—Member
Secretary of Labor and Employment—Member
Secretary of Finance—Member
Secretary of Agriculture—Member
Representative from a nongovernmental organization on health and safety—
Member
The representative from the nongovernmental organization shall be appointed by
the President for a term of three (3) years.
The Council shall have the following functions:
a. To assist the Department of Environment and Natural Resources in the for-
mulation of the pertinent rules and regulations for the effective implementation of this
Act;
b. To assist the Department of Environment and Natural Resources in the prepa-
ration and updating of the inventory of chemical substances and mixtures that fall
within the coverage of this Act;
c. To conduct preliminary evaluation of the characteristics of chemical substances
and mixtures to determine their toxicity and effects on health and the environment and
make the necessary recommendations to the Department of Environment and Natural Re-
sources; and
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TOUR OF THE HORIZON
d. To perform such other functions as the Secretary of Environment and Natural

Resources may, from time to time, require.
SEC. 8. Pre-Manufacture and Pre-Importation Requirements—Before any new
chemical substance or mixture can be manufactured, processed, or imported for the first
time as determined by the Department of Environment and Natural Resources, the ma-
nufacturer, processor, or importer
shall submit the following infor-
mation: the name of the chemical
substance or mixture; its chemical
identity and molecular structure;
proposed categories of use; an
estimate of the amount to be ma-
nufactured, processed, or impor-
ted; processing and disposal there-
of; and any test data related to
health and environmental effects
which the manufacturer, pro-
cessor, or importer has.
SEC. 9. Chemicals Subject
to Testing—Testing shall be re-
quired in all cases where:
a. There is reason to believe
that the chemical substance or
mixture may present an unreason-
able risk to health or the environ-
ment or there may be substantial
human or environmental exposure
thereto;
b. There are insufficient
data and experience for determi-
ning or predicting the health and
environmental effects of the che-
mical substance or mixture; and “To waste, to destroy, our natural resources, to skin
c. The testing of the chemi- and exhaust the land instead of using it so as to
cal substance or mixture is neces- increase its usefulness, will result in undermining in
sary to develop such data. the days of our children the very prosperity which we
ought by right to hand down to them amplified and
The manufacturers, proces- developed.”— Marya Mannes
sors, or importers shall shoulder (Digital Vision)
the costs of testing the chemical
substance or mixture that will be manufactured, processed, or imported.
60
SEC. 10. Action by the Secretary of Environment and Natural Resources or his
Duly Authorized Representative—The Secretary of Environment and Natural Resources
or his duly authorized representative shall, within ninety (90) days from the date of
filing of the notice of manufacture, processing, or importation of a chemical substance or
mixture, decide whether or not to regulate or prohibit its importation, manufacture,
processing, sale, distribution, use, or disposal. The Secretary may, for justifiable rea-
sons, extend the ninety-day pre-manufacture period within a reasonable time.
SEC. 11. Chemical Substances Exempt from Pre-Manufacture Notification—The
manufacture of the following chemical substances or mixtures shall be exempt from pre-
manufacture notification:
a. Those included in the categories of chemical substances and mixtures already
listed in the inventory of existing chemicals;
b. Those to be produced in small quantities solely for experimental or research
and developmental purposes;
c. Chemical substances and mixtures that will not present an unreasonable risk
to health and the environment; and
d. Chemical substances and mixtures that exist temporarily and which have no
human or environmental exposure such as those which exist as a result of chemical
reaction in the manufacture or processing of a mixture of another chemical substance.
SEC. 12. Public Access to Records, Reports, or Notification—The public shall
have access to records, reports, or information concerning chemical substances and
mixtures including safety data submitted, data on emission or discharge into the envi-
ronment, and such documents shall be available for inspection or reproduction during
normal business hours except that the Department of Environment and Natural Re-
sources may consider a record, report or information or particular portions thereof con-
fidential and may not be made public when such would divulge trade secrets, produc-
tion or sales figures or methods, production or processes unique to such manufacturer,
processor, or distributor, or would otherwise tend to affect adversely the competitive
position of such manufacturer, processor, or distributor. The Department of Environ-
ment and Natural Resources, however, may release information subject to claim of
confidentiality to a medical research or scientific institution where the information is
needed for the purpose of medical diagnosis or treatment of a person exposed to the
chemical substance or mixture.
SEC. 13. Prohibited Acts—The following acts and omissions shall be considered
unlawful:
a. Knowingly use a chemical substance or mixture which is imported, manufac-
tured, processed, or distributed in violation of this Act or implementing rules and regu-
lations or orders;
61
TOUR OF THE HORIZON
b. Failure or refusal to submit reports, notices, or other information, access to re-

cords, as required by this Act, or permit inspection of establishment where chemicals
are manufactured, processed, stored, or otherwise held;
c. Failure or refusal to comply with the pre-manufacture and pre- importation
requirements; and
d. Cause, aid, or facilitate, directly or indirectly, in the storage, importation, or
bringing into Philippines territory, including its maritime economic zones, even in tran-
sit, either by means of land, air, or sea transportation or otherwise keeping in storage
any amount of hazardous and nuclear wastes in any part of the Philippines.
SEC. 14. Criminal Offenses and Penalties—
a. i. The penalty of imprisonment of six (6) months and one day to six (6) years
and one day and a fine ranging from Six Hundred Pesos (P600.00) to Four Thousand
Pesos (P4,000.00) shall be imposed upon any person who shall violate Section 13 (a) to
(c) of this Act and shall not be covered by the Probation Law. If the offender is a for-
eigner, he or she shall be deported and barred from any subsequent entry into the Phil-
ippines after serving his or her sentence;
ii. In case any violation of this Act is committed by a partnership, corpora-
tion, association, or any juridical person, the partner, president, director, or man-
ager who shall consent to or shall knowingly tolerate such violation shall be di-
rectly liable and responsible for the act of the employee and shall be criminally li-
able as a co-principal;
iii. In case the offender is a government official or employee, he or she shall,
in addition to the above penalties, be deemed automatically dismissed from office
and permanently disqualified from holding any elective or appointive position.
b. i. The penalty of imprisonment of twelve (12) years and one day to twenty (20)
years, shall be imposed upon any person who shall violate Section 13 (d) of this Act. If
the offender is a foreigner, he or she shall be deported and barred from any subsequent
entry into the Philippines after serving his or her sentence;
ii. In the case of corporations or other associations, the above penalty shall
be imposed upon the managing partner, president, or chief executive in addition to
an exemplary damage of at least Five Hundred Thousand Pesos (P500,000.00). If it
is a foreign firm, the director and all officers of such foreign firm shall be barred
from entry into the Philippines, in addition to the cancellation of its license to do
business in the Philippines;
iii. In case the offender is a government official or employee, he or she shall
in addition to the above penalties be deemed automatically dismissed from office
and permanently disqualified from holding any elective or appointive position.
c. Every penalty imposed for the unlawful importation, entry, transport, manu-
facture, processing, sale, or distribution of chemical substances or mixtures into or
within the Philippines shall carry with it the confiscation and forfeiture in favor of the
62
government of the proceeds of the unlawful act and instruments, tools or other im-
provements including vehicles, sea vessels, and aircrafts used in or with which the
offense was committed. Chemical substances so confiscated and forfeited by the gov-
ernment at its option shall be turned over to the Department of Environment and Natu-
ral Resources for safekeeping and proper disposal.
d. The person or firm responsible or connected with the bringing or importation
into the country of hazardous or nuclear wastes shall be under obligation to transport or
send back said prohibited wastes.
Any and all means of transportation, including all facilities and appurtenances
that may have been used in transporting to or in the storage in the Philippines of any
significant amount of hazardous or nuclear wastes shall at the option of the government
be forfeited in its favor.
SEC. 15. Administrative Fine—In all cases of violations of this Act, including
violations of implementing rules and regulations which have been duly promulgated
and published in accordance with Section 16 of this Act, the Secretary of Environment
and Natural Resources is hereby authorized to impose a fine of not less than Ten Thou-
sand Pesos (P10,000.00), but not more than Fifty Thousand Pesos (P50,000.00) upon
any person or entity found guilty thereof. The administrative fines imposed and col-
lected by the Department of Environment and Natural Resources shall accrue to a spe-
cial fund to be administered by the Department exclusively for projects and research
activities relative to toxic substances and mixtures.
SEC. 16. Promulgation of Rules and Regulations—The Department of Environ-
ment and Natural Resources, in coordination with the member agencies of the Inter-
Agency Technical Advisory Council, shall prepare and publish the rules and regulations
implementing this Act within six months from the date of its effectivity.
SEC. 17. Appropriations—Such amount as may be necessary to implement the
provisions of this Act is hereby annually appropriated and included in the budget of the
Department of Environment and Natural Resources.
SEC. 18. Separability Clause—If any provision of this Act is declared void or un-
constitutional, the remaining provisions thereof not affected thereby shall remain in full
force and effect.
SEC. 19. Repealing Clause—All laws, presidential decrees, executive orders, and
issuances, and rules and regulations which are inconsistent with this Act are hereby
repealed or modified accordingly.
SEC. 20. Effectivity—This Act shall take effect after fifteen (15) days following
its publication in the Official Gazette or in any newspaper of general circulation.
Approved: October 26, 1990.
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TOUR OF THE HORIZON
Department of Environment and Natural Resources

23
(Executive Order 192, 1987)
Whereas, Executive Order No. 131, dated January 30, 1987, was suspended;
Whereas, a policy having been reached on energy, the reorganization of the Depart-
ment of Natural Resources can now
be effected;
Whereas, the environment will
be effected by the use, development,
management, renewal, and conser-
vation of the country’s natural re-
sources;
Whereas, there is a need to
protect and enhance the quality of
the country’s environment;
Whereas, to attain this objec-
tive, environmental concerns and
natural resources concerns should
be given equal attention by the
Department;
Whereas, under Article XIII,
Section 6, of the 1987 Constitution,
the President shall continue to exer-
cise legislative powers until the
First Congress is convened;
Now, Therefore, I, Corazon C.
Aquino, President of the Philip-
pines, by virtue of the powers “When Nature has work to be done, she creates a gen-
vested in me by the Constitution, ius to do it.”— Ralph Waldo Emerson
do hereby order: (G. Tapan)
SECTION 1. Title —This Executive Order shall otherwise be known as the Re-
organization Act of the Department of Environment and Natural Resources.
_______________________
23
NOTE: In the period between the February 1986 “People Power” revolution (that in-
stalled Mrs. Corazon C. Aquino as President of the Philippines) and the convening of Congress in
late 1987, President Aquino exercised legislative powers by way of executive orders. This was
especially used in the reorganization of government offices, one of which was the Ministry of
Natural Resources. By Executive Order, this was transformed into a Department which included
environmental protection in its very mandate.
64
SEC. 2. Reorganization —The Department of Environment, Energy and Natural

Resources is hereby reorganized structurally and functionally and renamed as the De-
partment of Environment and Natural Resources, hereinafter referred to as Depart-
ment, in accordance with the provisions of this Executive Order.
SEC. 3. Declaration of Policy—It is hereby declared the policy of the State to en-
sure the sustainable use, development, management, renewal, and conservation of the
country’s forest, mineral, land, offshore areas, and other natural resources, including
the protection and enhancement of the quality of the environment, and equitable access
of the different segments of the population to the development and use of the country’s
natural resources, not only for the present generation but for future generations as well.
It is also the policy of the State to recognize and apply a true value system including
social and environmental cost implications relative to the utilization, development, and
conservation of our natural resources.
SEC. 4. Mandate—The Department shall be the primary government agency re-
sponsible for the conservation, management, development, and proper use of the coun-
try’s environment and natural resources, specifically forest and grazing lands, mineral
resources, including those in reservation and watershed areas, and lands of the public
domain, as well as the licensing and regulation of all natural resources as may be pro-
vided for by law in order to ensure equitable sharing of the benefits derived therefrom
for the welfare of the present and future generations of Filipinos.
To accomplish its mandate, the Department shall be guided by the following objec-
tives that will serve as basis for policy formulation:
a. Assure the availability and sustainability of the country’s natural resources
through judicious use and systematic restoration or replacement, whenever possible;
b. Increase the productivity of natural resources in order to meet the demands for
forest, mineral, and land resources of a growing population;
c. Enhance the contribution of natural resources for achieving national economic
and social development;
d. Promote equitable access to natural resources by the different sectors of the
population;
e. Conserve specific terrestrial and marine areas representative of the Philippine
natural and cultural heritage for present and future generations.
SEC. 5. Powers and Functions—To accomplish its mandate, the Department
shall have the following powers and functions:
a. Advise the President on the enactment of laws relative to the development,
use, regulation, and conservation of the country’s natural resources and the control of
pollution;
65
TOUR OF THE HORIZON
b. Formulate, implement, and supervise the government‘s policies, plans and

programs pertaining to the management, conservation, development, use, and replen-
ishment of the country’s natural resources;
c. Promulgate rules and regulations in accordance with law governing the explo-
ration, development, conservation, extraction, disposition, use, and such other commer-
cial activities tending to cause the depletion and degradation of our natural resources;
d. Exercise supervision and control over forest lands, alienable and disposable
lands, and mineral resources and in the process of exercising such control, the Depart-
ment shall impose appropriate payments, fees, charges, rentals and any such form of
levy and collect such revenues for the exploration, development, utilization, or gather-
ing of such revenues;
e. Undertake exploration, assessment, classification, and inventory of the coun-
try’s natural resources using ground surveys, remote sensing, and complementary tech-
nologies;
f. Promote proper and mutual consultation with the private sector involving
natural resources development, use, and conservation;
g. Undertake geological surveys of the whole country including its territorial wa-
ters;
h. Establish policies and implement programs for the:
1. Accelerated inventory, surveys, and classification of land, forest, and
mineral resources using appropriate technology, to be able to come up with a more
accurate assessment of resource quality and quantity;
2. Equitable distribution of natural resources through the judicious admini-
stration, regulation, utilization, development, and conservation of public lands,
forests, and mineral resources (including mineral reservation areas), that would
benefit a greater number of Filipinos;
3. Promotion, development, and expansion of natural resource-based indus-
tries;
4. Preservation of cultural and natural heritage through wildlife conserva-
tion and segregation of national parks and other protected areas;
5. Maintenance of a wholesome natural environment by enforcing environ-
mental protection laws; and
6. Encouragement of greater people participation and private initiative in
natural resource management.
i. Promulgate rules and regulations necessary to:
1. Accelerate cadastral and emancipation patent surveys, land use plan-
ning, and public land titling;
66
2. Harness forest resources in a sustainable manner, to assist rural devel-

opment, support forest-based industries, and provide raw materials to meet in-
creasing demands, at the same time keeping adequate reserves for environmental
stability; and
3. Expedite mineral resources surveys, promote the production of metallic
and nonmetallic minerals, and encourage mineral marketing.
j. Regulate the development, disposition, extraction, exploration, and use of the
country’s forest, land, and mineral resources;
k. Assume responsibility for the assessment, development, protection, conser-
vation, licensing, and regulation as
provided for by law, where applicable,
of all natural resources; the
regulation and monitoring of service
contractors, licensees, lessees, and
permittees for the extraction, explo-
ration, development, and utilization
of natural resource products; the im-
plementation of programs and mea-
sures with the end in view of pro-
moting close collaboration between
the government and the private
sector; the effective and efficient
classification and subclassification of
lands of the public domain; and the
enforcement of natural resources
laws, rules, and regulations;
l. Promulgate rules, regula-
“Human judges can show mercy. But against the tions, and guidelines on the issuance
laws of nature, there is no appeal.”— Arthur C. of co-production, joint venture, or
Clarke (A. Oposa) production sharing agreements,
licenses, permits, concessions, leases,
and such other privileges and arrangement concerning the development, exploration, and
utilization of the country’s natural resources and shall continue to oversee, supervise, and
police our natural resources; to cancel or cause to cancel such privileges and arrangements
upon failure, noncompliance or violations of any regulations, orders, and for all other causes
which are in furtherance of the conservation of natural resources and supportive of the
national interests:
m. Exercise exclusive jurisdiction on the management and disposition of all lands
of the public domain and shall continue to be the sole agency responsible for classifica-
tion, subclassification, surveying, and titling of lands in consultation with appropriate
agencies.
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TOUR OF THE HORIZON
n. Implement measures for the regulation and supervision of the processing of

forest products, grading and inspection of lumber and other forest products, and moni-
toring of the movement of timber and other forest products;
o. Promulgate rules and regulations for the control of water, air, and land pollu-
tion;
p. Promulgate ambient and effluent standards for water and air quality includ-
ing the allowable levels of other pollutants and radiations;
q. Promulgate policies, rules, and regulations for the conservation of the coun-
try’s genetic resources and biological diversity, and endangered habitats;
r. Formulate an integrated, multisectoral, and multidisciplinary National Con-
servation Strategy, which will be presented to the Cabinet for the President’s approval;
s. Exercise other powers and functions and perform such other acts as may be
necessary, proper, or incidental to the attainment of its mandates and objectives.
SEC. 6. Structural Organization—The Department shall consist of the Depart-
ment Proper, the staff offices, the staff bureaus, and the regional/provincial/community
natural resources offices.
The Department Proper shall consist of the following:
a. Office of the Secretary
b. Offices of Undersecretaries
c. Offices of Assistant Secretaries
d. Public Affairs Office
e. Special Concerns Office
f. Pollution Adjudication Board
The staff sectoral bureaus on the other hand, shall be composed of:
a. Forest Management Bureau
b. Lands Management Bureau
c. Mines and Geosciences Bureau
d. Environmental Management Bureau
e. Ecosystems Research and Development Bureau
f. Protected Areas and Wildlife Bureau
The field offices shall consist of all the department regional offices, the provincial
offices, and the community offices.
SEC. 7. Secretary of Environment and Natural Resources—The authority and
responsibility for the exercise of the mandate of the Department, the accomplishment of
its objectives, and the discharge of its powers and functions shall be vested in the Secre-
tary of Environment and Natural Resources, hereinafter referred to as Secretary, who
68
shall supervise the Department and shall be appointed by the President. For such pur-
poses, the Secretary shall have the following functions:
a. Advise the President on the promulgation of rules and regulations and other
issuances relative to the conservation, management, development, and proper use of the
country’s natural resources;
b. Establish policies and standards for the efficient and effective operations of the
Department in accordance with the programs of the government;
c. Promulgate rules, regulations, and other issuances necessary in carrying out
the Department’s mandate, objectives, policies, plans, programs, and projects;
d. Exercise supervision over all functions and activities of the Department;
e. Delegate authority for the performance of any administrative or substantive
function to subordinate officials of the Department;
f. Perform other functions as may be provided by law or assigned appropriately
by the President.
SEC. 8. Office of the Secretary—The Office of the Secretary shall consist of the
Secretary and his immediate staff.
SEC. 9. Undersecretary—The Secretary shall be assisted by five (5) Undersecre-
taries who shall be appointed by the President upon the recommendation of the Secre-
tary. The Secretary is hereby authorized to delineate, assign, and/or reassign the re-
spective functional areas of responsibility of the Undersecretary, provided, that such
responsibility shall be with respect to the mandate and objectives of the Department;
and provided, further, that no Undersecretary shall be assigned primarily administra-
tive responsibilities. Within his functional area of responsibility, an undersecretary
shall have the following functions:
a. Advise the Secretary in the promulgation of Department orders, administra-
tive orders and other issuances, with respect to his area of responsibility;
b. Exercise supervision over the offices, services, operating units, and officers and
employees under his responsibility;
c. Promulgate rules and regulations, consistent with Department policies, that
will efficiently and effectively govern the activities of units under his responsibility;
d. Coordinate the functions and activities of the units under his responsibility
with those of other units under the responsibility of other Undersecretaries;
e. Exercise authority on substantive and administrative matters related to the
functions and activities of units under his responsibility as may be delegated by the
Secretary;
f. Perform other functions as may be provided by law or assigned appropriately
by the Secretary.
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TOUR OF THE HORIZON
SEC. 10. Assistant Secretary—The Secretary and the Undersecretaries shall be

assisted by seven (7) Assistant Secretaries, in the formulation, management, and im-
plementation of natural resources laws, policies, plans, programs, and projects. They
shall oversee the day-to-day operations, administration, and supervision of the con-
stituents of the Department. The seven (7) Assistant Secretaries shall be responsible for
the following:
a. Policy and Planning Studies
b. Foreign-Assisted and Special Projects
c. Field Operations in Luzon
d. Field Operations in Visayas
e. Field Operations in Mindanao
f. Legal Affairs
g. Management Services
SEC. 11. Public Affairs Office—There is hereby created a Public Affairs Office,
under the Office of the Secretary, to be headed by a Director and assisted by an Assis-
tant Director, which shall serve as the public information arm of the Department. It
shall be responsible for disseminating information on natural resources development
policies, plans, programs, and projects; and respond to public queries related to the
development and conservation of natural resources.
The Public Affairs Offices of all bureaus are hereby abolished and their functions
are transferred to the Public Affairs Office in accordance with Section 24 (b) hereof.
SEC. 12. Special Concerns Office—There is hereby created a Special Concerns
Office under the Office of the Secretary, to be headed by a Director and assisted by an
Assistant Director, which shall be responsible for handling priority areas/subjects iden-
tified by the Secretary which necessitates special and immediate attention.
SEC. 13. Forest Management Bureau—There is hereby created a Forest Man-
agement Bureau which shall integrate and absorb the powers and functions of the Bu-
reau of Forest Development (BFD) and the Wood Industry Development Authority
(WIDA), in accordance with Section 24 (e) hereof except those line functions and powers
which are transferred to the regional field office. The Forest Management Bureau, to be
headed by a Director and assisted by an Assistant Director shall advise the Secretary
on matters pertaining to forest development and conservation and shall have the follow-
ing functions, but not limited to:
a. Recommend policies and/or programs for the effective protection, development,
occupancy, management, and conservation of forest lands and watersheds, including
grazing and mangrove areas, reforestation and rehabilitation of critically denuded/de-
graded forest reservations, improvement of water resource use and development, ances-
tral lands, wilderness areas and other natural preserves, development of forest planta-
tions including rattan, bamboo, and other valuable non-timber forest resources ration-
70
alization of the wood-based industries, regulation of the utilization and exploitation of

forest resources including wildlife, to ensure continued supply of forest goods and ser-
vices.
b. Advise the regional offices in the implementation of the above policies and/or
programs.
c. Develop plans, programs, operating standards, and administrative measures to
promote the Bureau’s objectives and functions.
d. Assist in the monitoring and evaluation of forestry and watershed develop-
ment projects to ensure efficiency and effectiveness.
e. Undertake studies on the economics of forestry and forest-based industries, in-
cluding supply and demand trends on the local, national and international levels, iden-
tifying investment problems and opportunities, in various areas.
f. Perform other functions as may be assigned by the Secretary and/or provided
by law.
SEC. 14. Lands Management Bureau—There is hereby created the Lands Man-
agement Bureau which shall absorb functions and powers of the Bureau of Lands ex-
cept those line functions and powers which are transferred to the regional field office.
The Lands Management Bureau to be headed by a Director and assisted by an Assis-
tant Director shall advise the Secretary on matters pertaining to rational land classifi-
cation management and disposition and shall have the following functions, but not
limited to:
a. Recommend policies and programs for the efficient and effective administra-
tion, surveys, management, and disposition of alienable and disposable lands of the
public domain and other lands outside the responsibilities of other government agen-
cies; such as reclaimed areas and other areas not needed for or are not being utilized for
the purposes for which they have been established;
b. Advise the regional offices on the efficient and effective implementation of
policies, programs, and projects for more effective public lands management;
c. Assist in the monitoring and evaluation of land surveys, management, and
disposition of lands to ensure efficiency and effectiveness thereof;
d. Issue standards, guidelines, regulations, and orders to enforce policies for the
maximization of land use and development;
e. Develop operating standards and procedures to enhance the Bureau’s objec-
tives and functions;
f. Assist the Secretary as executive officer charged with carrying out the provi-
sions of the Public Land Act (Commonwealth Act No. 141, as amended), who shall have
direct executive control of the survey, classification, lease, sale, or any other form of
concessions or disposition and management of the lands of the public domain;
71
TOUR OF THE HORIZON
g. Perform other functions as may be assigned by the Secretary and/or provided

by law.
SEC. 15. Mines and Geosciences Bureau—There is hereby created the Mines and
Geosciences Bureau which shall absorb the functions of the Bureau of Mines and Geo-
sciences (BMGS), Mineral Reservations Development Board (MRDB) and the Gold Min-
ing Industry Development Board (GMIDB) all of which are hereby merged in accor-
dance with Section 24 hereof except those line functions and powers which are trans-
ferred to the regional field office. The Mines and Geosciences Bureau, to be headed by a
Director and assisted by an Assistant Director shall advise the Secretary on matters
pertaining to geology and mineral resources exploration, development, and conservation
and shall have the following functions, but not limited to:
Hammock on the seashore of the School of the Seas. (A. Oposa)
a. Recommend policies, regulations, and programs pertaining to mineral re-

sources development and geology;
b. Recommend policies and regulations and oversee the development and exploi-
tation of mineral resources of the sea within the country’s jurisdiction such as silica
sand, gold placer, magnetite, and chromite sand, etc.
72
c. Advise the Secretary on the granting of mining rights and contracts over areas
containing metallic and nonmetallic mineral resources;
d. Advise the regional offices on the effective implementation of mineral devel-
opment and conservation programs as well as geological surveys;
e. Assist in the monitoring and evaluation of the Bureau’s programs and projects
to ensure efficiency and effectiveness thereof;
f. Develop and promulgate standards and operating procedures on mineral re-
sources development and geology;
g. Supervise and control the development and packaging of nationally applicable
technologies on geological survey, mineral resource assessment, mining and metallurgy;
the provision of geological, metallurgical, chemical, and rock mechanics laboratory ser-
vices; the conduct of marine geological and geophysical survey and natural exploration
drilling programs; and
h. Perform other functions as may be assigned by the Secretary and/or provided
by law.
SEC. 16. Environmental Management Bureau—There is hereby created an En-
vironmental Management Bureau. The National Environmental Protection Council
(NEPC), the National Pollution Control Commission (NPCC), and the Environmental
Center of the Philippines (ECP) are hereby abolished and their powers and functions
are hereby integrated into Section 24 (c) hereof, subject to Section 19 hereof. The Envi-
ronmental Management Bureau shall be headed by a Director and assisted by an Assis-
tant Director who shall advise the Secretary on matters relating to environmental
management, conservation, and pollution control. The Environmental Management
Bureau shall have the following functions:
a. Recommend possible legislations, policies, and programs for environmental
management and pollution control;
b. Advise the regional offices in the efficient and effective implementation of poli-
cies, programs, and projects for the effective and efficient environmental management
and pollution control;
c. Formulate environmental quality standards such as the quality standards for
water, air, land, noise, and radiations;
d. Recommend rules and regulations for environmental impact assessments and
provide technical assistance for their implementation and monitoring;
e. Formulate rules and regulations for the proper disposition of solid wastes,
toxic and hazardous substances;
f. Advise the Secretary on the legal aspects of environmental management and
pollution control and assist in the conduct of public hearings in pollution cases;
g. Provide secretariat assistance to the Pollution Adjudication Board, created un-
der Section 19 hereof;
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TOUR OF THE HORIZON
h. Coordinate the inter-agency committees that may be created for the prepara-
tion of the State of the Philippine Environment Report and the National Conservation
Strategy;
i. Provide assistance to the regional offices in the formulation and dissemination
of information on environmental and pollution matters to the general public;
j. Assist the Secretary and the regional officers by providing technical assistance
in the implementation of environmental and pollution laws;
k. Provide scientific assistance to the regional offices in the conduct of environ-
mental research programs.
SEC. 17. Ecosystems Research and Development Bureau—The Forest Research
Institute (FORI) and the National Mangrove Committee are hereby abolished and inte-
grated into the Ecosystems Research and Development Bureau in accordance with Sec-
tion 24 (e) hereof. The Ecosystems Research and Development Bureau shall be headed
by a Director and assisted by an Assistant Director. The Bureau shall have the follow-
ing functions:
a. Formulate and recommend an integrated research program relating to Philip-
pine ecosystems and natural resources such as minerals, lands, forests, as holistic and
interdisciplinary fields of inquiry;
b. Assist the Secretary in determining a system of priorities for the allocation of
resources to various technological research programs of the department;
c. Provide technical assistance in the implementation and monitoring of the
aforementioned research programs;
d. Generate technologies and provide scientific assistance in the research and de-
velopment of technologies relevant to the sustainable uses of Philippine ecosystems and
natural resources;
e. Assist the Secretary in the evaluation of the effectiveness of the implementa-
tion of the integrated research program.
The Ecosystems Research and Development Bureau shall directly manage and
administer the FORI Research Offices, laboratories, and forest experiment stations
located at UP Los Banos and such other field laboratories as the Secretary may assign
to its direct supervision. The Bureau shall coordinate all technological researches un-
dertaken by the field offices, assess and translate all recommendable findings, and
disseminate such findings for all possible users and clientele.
SEC. 18. Protected Areas and Wildlife Bureau—There is hereby created a Pro-
tected Areas and Wildlife Bureau which shall absorb the Division of Parks and Wildlife
and the Marine Parks Program of the Bureau of Forest Development as well as the
Calauit Game Preserve and Wildlife Sanctuary, Presidential Committee on the Conser-
vation of Tamaraw, Ninoy Aquino Parks and Wildlife Center (formerly Parks and Wild-
life Nature Center), shares in Kabuhayan Program and Agro Forestry State Projects of
74
the KKK Processing Authority, all national parks, wildlife sanctuaries and game pre-
serves previously managed and administered by the Ministry of Human Settlements
including National Parks reservations situated in the provinces of Bulacan, Rizal, La-
guna, and Quezon formerly declared as Bagong Lipunan sites of said Ministry, Magat
Forest Reservation and Mt. Arayat National Park, formerly with the Ministry of Tour-
ism in accordance with Section 24 (c) hereof. The Protected Areas and Wildlife Bureau
shall be headed by a director and assisted by an assistant director. The Bureau shall
have the following functions:
a. Formulate and recommend policies, guidelines, rules, and regulations for the
establishment and management of an Integrated Protected Areas Systems such as
national parks, wildlife sanctuaries and refuge, marine parks, and biospheric reserves;
b. Formulate and recommend policies, guidelines, rules, and regulations for the
preservation of biological diversity, genetic resources, and endangered Philippine flora
and fauna;
c. Prepare an up-to-date listing of endangered Philippine flora and fauna and rec-
ommend a program of conservation and propagation of the same;
d. Assist the Secretary in the monitoring and assessment of the management of
the Integrated Protected Areas System and provide technical assistance to the regional
offices in the implementation of programs for these areas;
e. Perform other functions as may be assigned by the Secretary and/or provided
by law.
24
SEC. 19. Pollution Adjudication Board (PAB) — There is hereby created a Pol-
lution Adjudication Board under the Office of the Secretary. The Board shall be com-
posed of the Secretary as Chairman, two (2) Undersecretaries as may be designated by
the Secretary, the Director of Environmental Management, and three (3) others to be
designated by the Secretary as members. The Board shall assume the powers and func-
tions of the Commission/Commissioners of the NPCC with respect to the adjudication of
pollution cases under Republic Act No. 3931 and Presidential Decree No. 984, particu-
25
larly with respect to Section 6 (e, f, g, j, k, and p) of Presidential Decree No. 984. The
Environmental Management Bureau shall serve as the Secretariat of the Board. These
powers and functions may be delegated to the regional officers of the Department in
accordance with rules and regulations to be promulgated by the Board.
SEC. 20. Field Offices of the Department—The field offices of the Department
are the Environment and Natural Resources Regional Offices in the thirteen (13) ad-
ministrative regions of the country, the Environment and Natural Resources Provincial
Office in every province, and the community office in municipalities wherever deemed
necessary. The regional offices of the Bureau of Forest Development, Bureau of Mines
_______________________
24
The PAB is the successor body in the DENR which exercises the quasi-judicial functions of
the former National Pollution Control Commission (NPCC).
25
Pollution Control Law.
75
TOUR OF THE HORIZON
and Geosciences, and Bureau of Lands in each of the thirteen (13) administrative re-
gions and the research centers of the Forest Research Institute are hereby integrated
into the department-wide Regional Environment and Natural Resources Office of the
Department, in accordance with Section 24 (e) hereof. A regional office shall be headed
by a Regional Executive Director (with the rank of Regional Director) and shall be as-
sisted by five (5) regional Technical Directors (with the rank of Assistant Regional Di-
rector) each for Forestry, Land Management, Mines and Geosciences, Environmental
Management, and Ecosystems Research. The regional executive directors and regional
technical directors shall be career executive service officers.
SEC. 21. Functions of Environment and Natural Resources Regional Office—The
Environment and Natural Resources regional offices shall be located in the identified
regional capitals and shall have the following functions, but not limited to:
a. Implement laws, policies, plans, programs, projects, rules and regulations of
the Department to promote the sustainability and productivity of natural resources,
social equity in natural resource utilization and environmental protection.
b. Provide efficient and effective delivery of services to the people;
c. Coordinate with regional offices of other departments, offices, agencies in the
region and local government units in the enforcement of natural resource conservation
laws and regulations, and in the formulation/implementation of natural resources pro-
grams and projects;
d. Recommend and, upon approval, implement programs and projects on forestry,
minerals, and land management and disposition;
e. Conduct comprehensive inventory of natural resources in the region and for-
mulate regional short and long-term development plans for the conservation, utilization
and replacement of natural resources;
f. Evolve respective regional budget in conformity with the priorities established
by the regional development councils;
g. Supervise the processing of natural resources products, grade and inspect min-
erals, lumber and other wood-processed products, and monitor the movement of these
products;
h. Conduct field researches for appropriate technologies recommended for various
projects;
i. Perform other functions as may be assigned by the Secretary and/or provided
by law.
76
The natural resources provincial and community offices shall absorb, respectively,
the functions of the district offices of the bureaus, which are hereby abolished in accor-
dance with Section 24 (b) hereof. The provincial and community natural resource office
shall be headed by a provincial natural resource officer and community natural resource
officer, respectively.
SEC. 22. Attached Agencies and
Corporations — The following agencies
and corporations are attached to the
26
Department:
a. National Mapping and
Resource Information Authority
(NAMRIA)—There is hereby created
the National Mapping and Resource
Information Authority which shall
integrate the functions and powers of
the Natural Resources Management
Center (NRMC), National Cartography
Authority (NCA), Bureau of Coast and
Geodetic Survey (BCGS), and Land
Classification Teams based at the then
Bureau of Forest Development, in ac-
cordance with Section 24 (e) hereof,
which shall provide the Department
and the government with map-making
services. The authority shall act as the
central mapping agency which will
serve the needs of the line services of
the Department and other government
offices with regard to information and
researches, and shall expand its
Map of the Balabac (Southern Palawan) Protected capability in the production and
Eco-Region. Heavily-shaded patch represents part maintenance of maps, charts, and simi-
of the 15% of their water area reserved as a fish lar photogrammetry and cartography
sanctuary/strict protection zone. materials.
The Authority shall be responsible
for conducting research on remote-sensing technologies such as satellite imagery analysis,
airborne multi-spectral scanning systems, and side-looking airborne radar; provide re-
mote-sensing services and vital data on the environment, water resources, agriculture,
and other information needed by other government agencies and the private sector; inte-
grate all techniques of producing maps from the ground surveys to various combinations
_______________________
26
The LLDA was made as an attached agency of the DENR by virtue of E.O. No. 129 (1993).
77
TOUR OF THE HORIZON
of remote sensing techniques in a cost-effective and acceptable manner; and the integra-
tion of geographic and related information to facilitate access to and analysis of data and
its transformation into useful information for resource policy formulation, planning, and
management. It shall be the central depository and distribution facility for natural re-
sources data in the form of maps, statistics, text, charts, etc., stored on paper, film, or
computer, compatible media and shall operate information services and networks to fa-
cilitate transfer, sharing, access, and dissemination of natural resource information in all
regions and provinces of the country; establishment of a nationwide geodetic network of
control points that serves as a common reference system for all surveys in the country
and conduct hydrographic and coastal surveys to produce the hydrographic and nautical
charts vital to sea and water travel as well as the exploitation of our marine resources;
formulate and implement nationwide development programs on aerial photography, car-
tography, and remote-sensing mapping activities; establish and implement technical
standards and quality specifications on map production and its reproduction; and provide
photogrammetry, cartographic, and remote-sensing mapping services in order to acceler-
ate the development of a comprehensive data bank and information systems on base
maps and charts.
The NAMRIA shall be provided with policy directions by a five-member Board of
Governors consisting of key officers with no less than the rank of undersecretaries as
follows:
Department of Environment and Natural Resources—Chairman
Department of Agriculture—Member
Department of Public Works and Highways—Member
Department of National Defense—Member
Department of Transportation and Communications—Member
The operations and management of NAMRIA shall be vested in an Administrator
who shall be assisted by three (3) Deputy Administrators. The Administrator shall sit in
the Board as its secretary.
b. Natural Resources Development Corporation (NRDC)—The existing Natural
Resources Development Corporation, shall be reorganized under the direct supervision
of the Secretary. It shall be responsible primarily for promoting natural resource devel-
opment and conservation through:
1. Direct involvement in pioneering but potentially viable production, use,
and marketing ventures or projects using new/innovative technologies, systems,
and strategies such as but not limited to stumpage sales system, industrial forest
plantations or logging operations, rattan tissue culture; provided, however, that
activities which compete with the private sector shall be avoided except in specific
cases where the revenues of NRDC are earmarked for specific local development of
social service.
78
2. Financing natural resource development projects undertaken by the pri-

vate sector such as establishing industrial tree plantations, agro-forestry, small-
scale mining, and retooling of the natural resource-based processing industries to
improve their efficiency and competitiveness to discharge these functions effec-
tively, it is hereby authorized to generate funds through debt instruments from
various sources, and innovative income generating strategies.
The NRDC shall promote the enhancement of forest renewal rate through intensi-
fied industrial tree plantation promotion including the provision of incidental services
such as extension of assistance on equity/capital, credit line/facilities, marketing, and
management.
c. The National Electrification Administration (NEA)—The National Electrifica-
tion Administration which is also attached to the Department shall be reorganized in
order that it can effectively and efficiently act and operate as the principal implement-
ing arm of the Department in matters of energy farming and aspects and components of
energy policies, programs, and plans which cannot be carried out by the private sector.
The plans and programs of NEA shall be carried out in conformity with policies defined
27
by appropriate energy authorities.
SEC. 23. Detachment and Transfers—The following offices and corporation at-
tached to the Department of Environment, Energy and Natural Resources by Executive
Order 131 are hereby detached and/or transferred as follows:
a. Manila Seedling Bank Foundation, Inc., which is administratively detached
from the Department;
b. Bureau of Energy Utilization; and
c. Bureau of Energy Development, which is transferred to the appropriate energy
governing body pursuant to the executive order pertaining to it.
SEC. 24. Transitory Provisions—In accomplishing the acts of reorganization
herein prescribed, the following transitory provisions shall be complied with, unless
otherwise provided elsewhere in this executive order:
a. The transfer of a government unit shall include the functions, appropriations,
funds, records, equipment, facilities, chosen in action, rights, other assets, and liabili-
ties, if any, of the transferred unit as well as the personnel thereof, as may be neces-
sary, who shall, in a hold-over capacity, continue to perform their respective duties and
responsibilities and receive the corresponding salaries and benefits. Those personnel
from the transferred unit whose positions are not included in the Department’s new
position structure and staffing pattern approved and prescribed by the Secretary or who
are not reappointed shall be deemed separated from the service and shall be entitled to
the benefits provided in the second paragraph of Section 25 hereof.
_______________________
27
The NEA has since been detached from the DENR and transferred to the Department of
Energy by virtue of R.A. No. 7638 (1992).
79
TOUR OF THE HORIZON
b. The transfer of functions which results in the abolition of the government unit
that exercised them shall include the appropriations, funds, records, equipment, facili-
ties, chosen in action, rights, other assets and personnel as may be necessary to the
proper discharge of the transferred functions. The abolished unit’s remaining appro-
priations and funds, if any, shall revert to the General Fund and its remaining assets, if
any, shall be allocated to such appropriate units as the Secretary shall determine or
shall otherwise be disposed in accordance with the Government Auditing Code and
other pertinent laws, rules, and regulations. Its liabilities, if any, shall likewise be
treated in accordance with the Government Auditing Code and other pertinent laws,
rules, and regulations. Its personnel shall, in a hold-over capacity, continue to perform
their duties and responsibilities and receive the corresponding salaries and benefits. Its
personnel whose positions are not included in the Department’s structure and staffing
pattern approved and prescribed by the Secretary under Section 25 hereof or who are
not reappointed, shall be deemed separated from the service and shall be entitled to the
benefits provided in the second paragraph of the same Section 25.
c. Any transfer of functions which does not result in the abolition of the govern-
ment unit that has exercised them shall include the appropriations, funds, records,
equipment, facilities, chosen in action, rights, assets, and personnel as may be neces-
sary to the proper discharge of the transferred functions. The liabilities, if any, that
may have been incurred in connection with the discharge of the transferred functions,
shall be treated in accordance with the Government Auditing Code and other pertinent
laws, rules, and regulations. Such personnel shall, in a hold-over capacity, continue to
perform their duties and responsibilities and receive the corresponding salaries and
benefits unless in the meantime they are separated from the service. Any personnel,
whose positions are not included in the Department’s new position structure and staff-
ing pattern approved and prescribed by the Secretary under Section 25 hereof or who
are not reappointed, shall be deemed separated from the service and shall be entitled to
the benefits provided in the second paragraph of the same Section 25.
d. In case of the abolition of the government unit which does not result in the
transfer of its functions to another unit, the appropriations and funds of the abolished
entity shall revert to the General Fund, while the records, equipment, facilities, chosen
in action, rights, and other assets thereof shall be allocated to such appropriate entities
as the Secretary shall determine or shall otherwise be disposed in accordance with the
Government Auditing Code and other pertinent laws, rules, and regulations. The li-
abilities of the abolished units shall be treated in accordance with the Government
Auditing Code and other pertinent laws, rules and regulations, while the personnel
thereof, whose position, are not included in the Department’s new position structure
and staffing pattern approved and prescribed by the Secretary under Section 25 hereof
or who have not been reappointed, shall be deemed separated from the service and shall
be entitled to the benefits provided in the second paragraph of the same Section 25.
e. In case of merger or consolidation of government units, the new or surviving
unit shall exercise the functions (subject to the reorganization herein prescribed and the
80
laws, rules, and regulations pertinent to the exercise of such functions) and shall ac-
quire the appropriations, funds, records, equipment, facilities, chosen in action, rights,
other assets, liabilities, if any, and personnel, as may be necessary, of the units that
compose the merged unit shall, in a hold-over capacity, continue to perform their re-
spective duties and responsibilities and receive the corresponding salaries and benefits
unless in the meantime they are separated from the service. Any such personnel, whose
positions are not included in the Department’s new position structure and staffing pat-
tern approved and prescribed by the Secretary under Section 25 hereof or who are not
reappointed, shall be deemed separated from the service and shall be entitled to the
benefits provided in the second paragraph of the same Section 25.
f. In case of termination of a function which does not result in the abolition of the
government unit which performed such function, the appropriations and funds intended
to finance the discharge of such function shall revert to the General Fund while the
records, equipment, facilities, chosen in action, rights, and other assets used in connec-
tion with the discharge of such function shall be allocated to the appropriate units as
the Department shall determine or shall otherwise be disposed in accordance with the
Government Auditing Code and other pertinent laws, rules, and regulations. The li-
abilities, if any, that may have been incurred in connection with the discharge of such
function shall likewise be treated in accordance with the Government Auditing Code
and other pertinent laws, rules, and regulations. The personnel who have performed
such function, whose positions are not included in the Department’s new position struc-
ture and staffing pattern approved and prescribed by the Secretary under Section 25
hereof or who have not been reappointed, shall be deemed separated from the service
and shall be entitled to the benefits provided in the second paragraph of the same Sec-
tion 25 hereof.
SEC. 25. New Structure and Pattern—Upon approval of this executive order, the
officers and employees of the Department shall, in a hold-over capacity, continue to
perform their respective duties and responsibilities and receive the corresponding sala-
ries and benefits unless in the meantime they are separated from government service.
The new position structure and staffing pattern of the Department shall be ap-
proved and prescribed by the Secretary within sixty (60) days from the effectivity of this
executive order and the authorized positions created thereunder shall be filled with
regular appointments by him or by the President as the case may be. Those incumbents
whose positions are not included therein or who are not reappointed shall be deemed
separated from the service. Those separated from the service shall receive the retire-
ment benefits to which they may be entitled under existing laws, rules and regulations.
Otherwise, they shall be paid the equivalent of one (1) month basic salary for every year
of service in the government, or a fraction thereof, computed on the basis of the highest
salary received, but in no case shall such payment exceed the equivalent of twelve (12)
months salary.
81
TOUR OF THE HORIZON
SEC. 26. Periodic Performance Evaluation—The Department of Environment

and Natural Resources is hereby required to formulate and enforce a system of measur-
ing and evaluating periodically and objectively the performance of the Department and
submit the same annually to the President.
SEC. 27. Notice or Consent Requirement—If any reorganizational change herein
authorized is of such substance or materi-
ality as to prejudice third persons with
rights recognized by law or contract such
that notice to or consent of creditors is
required to be made or obtained pursuant
to any agreement entered into with any of
such creditors, such notice or consent re-
quirement shall be complied with prior to
the implementation of such reorganiza-
tional change.
SEC. 28. Prohibition Against
Structural Changes—No change in the
reorganization herein prescribed shall be
valid except upon prior approval of the
President for the purpose of promoting
efficiency and effectiveness in the delivery
of public services.
SEC. 29. Funding—Funds needed
to carry out the provisions of this Execu-
“Now there is one outstandingly important tive Order shall be taken from funds avail-
fact regarding Spaceship Earth, and that is able in the Department.
that no instruction book came with it.”— SEC. 30. Implementing Authority
Buckminster Fuller of the Secretary—The Secretary shall issue
(G. Tapan)
such orders, rules and regulations, and
other issuances as may be necessary to ensure the effective implementation of the pro-
visions of this Executive Order.
SEC. 31. Separability—Any portion or provision of this executive order that may
be declared unconstitutional shall not have the effect of nullifying other portions or
provisions hereof as long as such remaining portions or provisions can still subsist and
be given effect in their entirety.
SEC. 32. Repealing Clause—All laws, ordinances, rules and regulations, and
other issuances, or parts thereof, which are inconsistent with this Executive Order, are
hereby repealed or modified accordingly.
SEC. 33. Effectivity —This Executive Order shall take effect immediately.
Approved in the City of Manila, Philippines, this 10th day of June, 1987.
82
CIVIL CODE PROVISIONS ON ENVIRONMENT
Civil Code Provisions on Environment (Republic Act 386)
Relevance of the Civil Code
While the Environmental Laws listed above are more than sufficient to address
the range of environmental issues, these laws are seen as primarily the concern of gov-
ernment. In other words, they are generally public interest in character.
However, a more general law exists, the law that governs the civil relations be-
tween members of human society especially where private rights and interest are af-
fected. It is supplemental and complementary to the general environmental laws.
Passed in 1949, the Civil Code continues to be in full force and effect. A selection of
some of these Civil Code provisions are here cited insofar as they are relevant to private
Environmental Enforcement, such as those referring to general human relations, nui-
sance, damages, easements, and easements.
Human Relations
Art. 19. Every person must, in the exercise of his rights and in the performance
of his duties, act with justice, give everyone his due, and observe honesty and good
faith.
Art. 20. Every person who, contrary to law, willfully or negligently causes dam-
age to another, shall indemnify the latter for the same.
Art. 21. Any person who willfully causes loss or injury to another in a manner
that is contrary to morals, good customs, or public policy shall compensate the latter for
the damage.
Art. 22. Every person who through an act or performance by another, or any
other means, acquires or comes into possession of something at the expense of the latter
without just or legal ground, shall return the same to him.
Art. 23. Even when an act or event causing damage to another’s property was
not due to the fault or negligence of the defendant, the latter shall be liable for indem-
nity if through the act or event he was benefited.
Art. 24. In all contractual, property, or other relations, when one of the parties
is at a disadvantage on account of his moral dependence, ignorance, indigence, mental
weakness, tender age, or other handicap, the courts must be vigilant for his protection.
Art. 25. Thoughtless extravagance in expenses for pleasure or display during a
period of acute public want or emergency may be stopped by order of the courts at the
instance of any government or private charitable institution.
Art. 26. Every person shall respect the dignity, personality, privacy, and peace
of mind of his neighbors and other persons. The following similar acts, though they may
83
TOUR OF THE HORIZON
not constitute a criminal offense, shall produce a cause of action for damages, preven-
tion, and other relief:
1. Prying into the privacy of another’s residence;
2. Meddling with or disturbing the private life or family relations of another;
3. Intriguing to cause another to be alienated from his friends;
4. Vexing or humiliating another on account of his religious beliefs, lowly station
in life, place of birth, physical defect, or other personal condition.
Front yard of the School of the Seas. Outlying posts on the right are the innovative bound-
ary markers to delineate the marine protected area. (A. Oposa)
Art. 27. Any person suffering material or moral loss because a public servant or
employee refuses or neglects, without just cause, to perform his official duty may file an
action for damages and other relief against the latter, without prejudice to any discipli-
nary administrative action that may be taken.
Art. 28. Unfair competition in agricultural, commercial, or industrial enter-
prises or in labor through the use of force, intimidation, deceit, machination, or any
other unjust, oppressive, or highhanded method shall give rise to a right of action by the
person who thereby suffers damage.
Art. 29. When the accused in a criminal prosecution is acquitted on the ground
that his guilt has not been proved beyond reasonable doubt, a civil action for damages
for the same act or omission may be instituted. Such action requires only a preponder-
ance of evidence. Upon motion of the defendant, the court may require the plaintiff to
file a bond to answer for damages in case the complaint should be found to be malicious.
84
If in a criminal case, the judgement of acquittal is based upon reasonable doubt,

the court shall so declare. In the absence of any declaration to that effect, it may be
inferred from the text of the decision whether or not the acquittal is due to that ground.
Art. 30. When a separate civil action is brought to demand civil liability arising
from a criminal offense, and no criminal proceedings are instituted during the pendency
of the civil case, a preponderance of evidence shall likewise be sufficient to prove the act
complained of.
Art. 31. When the civil action is based on an obligation not arising from the act
or omission complained of as a felony, such civil action may proceed independently of
the criminal proceedings and regardless of the result of the latter.
Art. 32. Any public officer or employee, or any private individual, who directly or
indirectly obstructs, defeats, violates, or in any manner impedes or impairs any of the
following rights and liberties of another person shall be liable to the latter for damages:
1. Freedom of religion; and
2. Freedom of speech;
Actionable Acts Contrary to Good Customs
Although an act may not be punishable by law, it is nevertheless actionable for

damages when it is contrary to morals, good customs, and public policy.
Facts: Magbanua, together with five other persons, alleged that they were
share-tenants of the Perezes. They claimed that the Perezes diverted the free flow of
water from their farm lots, which caused portions of their landholdings to dry up, to
their great damage and prejudice. Later, they were told by the Perezes’ overseer to
vacate their respective areas for they could not plant palay (rice) any longer due to lack
of water. They filed a case against the Perezes and prayed that they be declared as
leasehold tenants and that the Perezes be ordered to pay moral and other kinds of dam-
ages and costs.
Issue: Whether or not the share-tenants are entitled to moral damages?
Held: Yes. Under the facts of the case the share-tenants are entitled to a meas-
ure of moral damages. Article 2219 of the Civil Code permits the award of moral dam-
ages for acts mentioned in Article 21 of the same code and the latter stipulates that:
“Any person who wilfully causes loss or injury to another in a manner that is contrary
to morals, good customs, or public policy shall compensate the latter for the damage.”
It appears that the share-tenants were denied irrigation water for their farm lots
in order to make them vacate their landholdings. The Perezes violated the plaintiffs’
rights and caused prejudice to the latter by the unjustified diversion of the water.
Magbanua v. IAC
G.R. Nos. L-66870–72, June 29, 1985
85
TOUR OF THE HORIZON
Nuisance
Definition of a Nuisance
Art. 694. A nuisance is any act, omission, establishment, business, condition of

property, or anything else which:
1. Injures or endangers the health or safety of others; or
2. Annoys or offends the senses; or
3. Shocks, defies, or disregards decency or morality; or
4. Obstructs or interferes with the free passage of any public highway or street,
or any body of water; or
5. Hinders or impairs the use of property.
Public and Private Nuisance
Art. 695. Nuisance is either public or private. A public nuisance affects a com-
munity or neighborhood or any considerable number of persons, although the extent of
the annoyance, danger, or damage upon individuals may be unequal. A private nui-
sance is one that is not included in the foregoing definition.
Art. 696. Every successive owner or possessor of property who fails or refuses to
abate a nuisance in that property started by a former owner or possessor is liable there-
fore in the same manner as the one who created it.
Art. 697. The abatement of a nuisance does not preclude the right of any person
injured to recover damages for its past existence.
Art. 698. Lapse of time cannot legalize any nuisance, whether public or private.
Procedure for Abatement of Nuisance
Art. 699. The remedies against a public nuisance are:

1. A prosecution under the Penal Code or any local ordinance; or
2. A civil action; or
3. Abatement, without judicial proceedings.
Art. 700. The district health officer shall take care that one or all of the reme-
dies against a public nuisance are availed of.
Art. 701. If a civil action is brought by reason of the maintenance of a public
nuisance, such action shall be commenced by the city or municipal mayor.
Art. 702. The district health officer shall determine whether or not abatement,
without judicial proceedings, is the best remedy against a public nuisance.
86
Art. 703. A private person may file an action on account of a public nuisance, if
it is especially injurious to himself.
Art. 704. Any private per-
son may abate a public nuisance
which is especially injurious to him
by removing, or if necessary, by
destroying the thing which cons-
titutes the same, without com-
mitting breach of the peace, or
doing unnecessary injury. But it is
necessary:
1. That demand be first
made upon the owner or possessor
of the property to abate the nui-
sance;
2. That such demand has
been rejected;
3. That the abatement be
approved by the district health
officer and executed with the as-
sistance of the local police; and
4. That the value of the des- “There are two things which cannot be attacked in
truction does not exceed three front: ignorance and narrow-mindedness. They can
thousand pesos. only be shaken by the simple development of the con-
Art. 705. The remedies trary qualities. They will not bear discussion.” —
Lord Acton (A. Oposa)
against a private nuisance are:
1. A civil action; or
2. Abatement, without judicial proceedings.
Art. 706. Any person injured by a private nuisance may abate it by removing, or
if necessary, by destroying the thing which constitutes the nuisance, without commit-
ting a breach of the peace or doing unnecessary injury. However, it is indispensable that
the procedure for extra-judicial abatement of a public nuisance by a private person be
followed.
Art. 707. A private person or a public official extra-judicially abating a nuisance
shall be liable for damages:
1. If he causes unnecessary injury; or
2. If an alleged nuisance is later declared by the courts to be not a real nuisance.
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TOUR OF THE HORIZON
Excessive Dust is a Nuisance
Facts: Ernesto Rodriguez Jr., together with his neighbors, filed an action for
abatement of a public nuisance with damages against Daytona Construction and Devel-
opment Corporation. When Daytona failed to answer, the court declared it in default
and authorized the plaintiffs to present evidence ex parte.
Ernesto Rodriguez Jr. testified that he has three parcels of residential lots adja-
cent to the Daytona compound. He said that his property has been overrun by effluent
from the Daytona cement-batching plant. The sediment settled on the lots and all
forms of vegetation had died as a result, and the land tremendously diminished in
value.
Zenaida Rodriguez testified that two-thirds of her lot had been damaged by the
cement dust emanating from the Daytona cement-batching plant. The continuous flow
of cement dust into her property affected her deep well, their source of drinking water,
and most of their fruit-bearing and ornamental trees dried up. Even her previous pedi-
greed poodles had been afflicted by all sorts of illnesses, many of them dying in the
process.
“Dr. Raul I. del Rosario, a neighboring physician, testified that he had treated sev-
eral patients who traced their sickness to the pollution caused by the Daytona cement-
batching plant. He said that cement dust produces cardio-pulmonary complications, and
the people living in the neighborhood of the batching plant are the most susceptible to
these diseases. He reported many cases of bronchial asthma in both children and adults
who lived in the vicinity of the cement-batching plant.”
The court rendered judgment against Daytona, declaring the operation of the ce-
ment-batching plant as a nuisance and ordering its permanent closure.
The court granted execution pending appeal because the continued operation of
the cement-batching plant of Daytona posed a “great menace to the neighborhood, both
in point of health and property.”
On appeal, the IAC reversed and set aside the decision of the lower court.
Issue: Should the cement-batching plant be closed on the ground that it is a pub-
lic nuisance?
Held: Yes. “The cement dust coming from the batching plant of the (Daytona)
corporation is injurious to the health of the plaintiffs and other residents in the area.
The noise, the vibration, the smoke, and the odor generated by the day and night opera-
tion of the plant must indeed be causing them serious discomfort and untold miseries.
Its operation therefore violates certain rights of the plaintiffs and causes them damage.
It is thus a nuisance and its abatement justified.”
Ernesto R. Rodriguez, Jr., et al. v. IAC

G.R. No. 74816, March 17, 1987
88
Note: This case appears to have been decided before the passage of the law creating
the DENR and the PAB. Note also the statement in the case of TDI vs. CA, supra, p. 44
that a nuisance caused by the pollution of land, air and water is within the jurisdiction
of the PAB.
NOISE POLLUTION
“Do not break the silence unless you can improve it.”
Modern man seems to equate noise with progress and economic development. Be-
cause of the din that one hears everyday from motor vehicles, machinery, loud music,
and the like, human psychology becomes upset and imbalanced, reducing one’s quality
of life.
The standards for noise pollution are as follows. The existence of noise pollution is
determined by a sound meter.
Filipinos are interesting characters—they like to blare out their music and let the
whole world listen to their music, all night. In some places, during their fiestas, the
Fiesta Committee rents a sound system whose speakers are as tall as houses. At a very
high cost, the sound system blares out heart thumping music, if you can call it that, and
seem to equate noise with gaiety.
The noise quality standards are stated below. While one would need a noise meter
to ‘scientifically’ prove the ‘noise pollution’, it is believed that this is a nuisance in that
it is offensive to the sense of sound. As such, it can, and must, be abated by the local
government unit—the Barangay and/or the Municipal Government under the general
principles of nuisance.
The key in this game is to hold the local officials liable for failure to implement the
law. Under Sec. 389 (9) of the Local Government Code, Rep. Act 7160), the Punong
Barangay (Village Chief) is duty-bound to enforce laws and regulations relating to pol-
lution control and protection of the environment. The law on nuisance being a funda-
ment part of Environmental Law, the Barangay Chairman’s failure to enforce it is an
act of gross negligence.
Damages
Art. 2195. The provisions of this Title shall be respectively applicable to all obli-
gations mentioned in Article 1157.
Art. 2196. The rules under this Title are without prejudice to special provisions on
damages formulated elsewhere in this Code. Compensation for workmen and other em-
ployees in case of death, injury, or illness is regulated by special laws. Rules governing
damages laid down in other laws shall be observed insofar as they are not in conflict with
this Code.
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TOUR OF THE HORIZON
Kinds of Damages
Art. 2197. Damages may be:

1. Actual or compensatory;
2. Moral;
3. Nominal;
4. Temperate or moderate;
5. Liquidated; or
6. Exemplary or corrective.
“For whatever we lose (like a you or a me), It’s always our self we find in the sea.” — E.E.
Cummings (M. Velas)
Art. 2198. The principles of the general law on damages are hereby adopted in-
sofar as they are not inconsistent with this Code.
Actual or Compensatory Damages
Art. 2199. Except as provided by law or by stipulation, one is entitled to an ade-

quate compensation only for such pecuniary loss suffered by him as he has duly proved.
Such compensation is referred to as actual or compensatory damages.
Art. 2200. Indemnification for damages shall comprehend not only the value of
the loss suffered, but also that of the profits which the obligee failed to obtain.
Art. 2201. In contracts and quasi-contracts, the damages for which the obligor
who acted in good faith is liable shall be those that are the natural and probable conse-
90
quences of the breach of the obligation, and which the parties have foreseen or could
have reasonably foreseen at the time the obligation was constituted.
In case of fraud, bad faith, malice, or wanton attitude, the obligor shall be respon-
sible for all damages which may be reasonably attributed to the non-performance of the
obligation.
Art. 2202. In crimes and quasi-delicts, the defendant shall be liable for all dam-
ages which are the natural and probable consequences of the act or omission com-
plained of. It is not necessary that such damages have been foreseen or could have rea-
sonably been foreseen by the defendant.
Art. 2203. The party suffering loss or injury must exercise the diligence of a
good father of a family to minimize the damages resulting from the act or omission in
question.
Art. 2204. In crimes, the damages to be adjudicated may be respectively in-
creased or lessened according to the aggravating or mitigating circumstances.
Art. 2205. Damages may be recovered:
1. For loss or impairment of earning capacity in cases of temporary or permanent
personal injury;
2. For injury to the plaintiff’s business standing or commercial credit.
Art. 2206. The amount of damages for death caused by a crime or quasi-delict
shall be at least three thousand pesos, even though there may have been mitigating
circumstances. In addition:
1. The defendant shall be liable for the loss of the earning capacity of the de-
ceased, and the indemnity shall be paid to the heirs of the latter; such indemnity shall
in every case be assessed and awarded by the court, unless the deceased on account of
permanent physical disability not caused by the defendant, had no earning capacity at
the time of his death;
2. If the deceased was obliged to give support according to the provisions of Arti-
cle 291, the recipient who is not an heir called to the decedent’s inheritance by the law
of testate or intestate succession, may demand support from the person causing the
death, for a period not exceeding five years, the exact duration to be fixed by the court;
3. The spouse, legitimate and illegitimate descendants and ascendants of the de-
ceased may demand moral damages for mental anguish by reason of the death of the
deceased.
Art. 2207. If the plaintiff’s property has been insured, and he has received in-
demnity from the insurance company for the injury or loss arising out of the wrong or
breach of contract complained of, the insurance company shall be subrogated to the
rights of the insured against the wrongdoer or the person who has violated the contract.
If the amount paid by the insurance company does not fully cover the injury or loss, the
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TOUR OF THE HORIZON
aggrieved party shall be entitled to recover the deficiency from the person causing the
loss or injury.
Art. 2208. In the absence of stipulation, attorney’s fees and expenses of litiga-
tion, other than judicial costs, cannot be recovered, except:
1. When exemplary damages are awarded;
2. When the defendant’s act or omission has compelled the plaintiff to litigate
with third persons or to incur expenses to protect his interest;
3. In criminal cases of malicious prosecution against the plaintiff;
4. In case of a clearly unfounded civil action or proceeding against the plaintiff;
5. Where the defendant acted in gross and evident bad faith in refusing to satisfy
the plaintiff’s plainly valid, just, and demandable claim;
6. In actions for legal support;
7. In actions for the recovery of wages of household helpers, laborers, and skilled
workers;
8. In actions for indemnity under workmen’s compensation and employer’s liabil-
ity laws;
9. In a separate civil action to recover civil liability arising from a crime;
10. When at least double judicial costs are awarded;
11. In any other case where the court deems it just and equitable that attorney’s
fees and expenses of litigation should be recovered.
In all cases, the attorney’s fees and expenses of litigation must be reasonable.
Art. 2209. If the obligation consists in the payment of a sum of money, and the
debtor incurs in delay, the indemnity for damages, there being no stipulation to the
contrary, shall be the payment of the interest agreed upon, and in the absence of stipu-
lation, the legal interest, which is six percent per annum.
Art. 2210. Interest may, in the discretion of the court, be allowed upon damages
awarded for breach of contract.
Art. 2211. In crimes and quasi-delicts, interest as a part of the damages may, in
a proper case, be adjudicated in the discretion of the court.
Art. 2212. Interest due shall earn legal interest from the time it is judicially
demanded, although the obligation may be silent upon this point.
Art. 2213. Interest cannot be recovered upon unliquidated claims or damages,
except when the demand can be established with reasonable certainty.
Art. 2214. In quasi-delicts, the contributory negligence of the plaintiff shall re-
duce the damages that he may recover.
92
Art. 2215. In contracts, quasi-contracts, and quasi-delicts, the court may equita-
bly mitigate the damages under circumstances other than the case referred to in the
preceding article, as in the following instances:
1. That the plaintiff himself has contravened the terms of the contract;
2. That the plaintiff has derived some benefit as a result of the contract;
3. In cases where exemplary damages are to be awarded, that the defendant
acted upon the advice of counsel;
4. That the loss would have resulted in any event;
5. That since the filing of the action, the defendant has done his best to lessen
the plaintiff’s loss or injury.
Other Kinds of Damages
Art. 2216. No proof of pecuniary loss is necessary in order that moral, nominal,
temperate, liquidated, or exemplary
damages may be adjudicated. The
assessment of such damages, except
liquidated ones, is left to the discre-
tion of the court, according to the
circumstances of each case.
SECTION 1. Moral Dam-
ages—
Art. 2217. Moral damages
include physical suffering, mental
anguish, fright, serious anxiety,
besmirched reputation, wounded
feelings, moral shock, social humilia-
tion, and similar injury. Though
incapable of pecuniary computation,
moral damages may be recovered if
they are the proximate result of the
defendant’s wrongful act for omis- “All sensible people are selfish, and nature is tug-
sion. ging at every contract to make the terms of it fair.”
— Ralph Waldo Emerson (T. Cayton)
Art. 2218. In the adjudication
of moral damages, the sentimental value of property, real or personal, may be considered.
Art. 2219. Moral damages may be recovered in the following and analogous cases:
1. A criminal offense resulting in physical injuries;
2. Quasi-delicts causing physical injuries;
3. Seduction, abduction, rape, or other lascivious acts;
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TOUR OF THE HORIZON
4. Adultery or concubinage;
5. Illegal or arbitrary detention or arrest;
6. Illegal search;
7. Libel, slander, or any other form of defamation;
8. Malicious prosecution;
9. Acts mentioned in Article 309;
10. Acts and actions referred to in Articles 21, 26, 27, 28, 29, 30, 32, 34, and 35.
The parents of the female seduced, abducted, raped, or abused, referred to in No. 3
of this article, may also recover moral damages.
The spouse, descendants, ascendants, and brothers and sisters may bring the ac-
tion mentioned in No. 9 of this article, in the order named.
Art. 2220. Wilful injury to property may be a legal ground for awarding moral
damages if the court should find that, under the circumstances, such damages are justly
due. The same rule applies to breaches of contract where the defendant acted fraudu-
lently or in bad faith.
SEC. 2. Nominal Damages—
Art. 2221. Nominal damages are adjudicated in order that a right of the plain-
tiff, which has been violated or invaded by the defendant, may be vindicated or recog-
nized, and not for the purpose of indemnifying the plaintiff for any loss suffered by him.
Art. 2222. The court may award nominal damages in every obligation arising
from any source enumerated in Article 1157, or in every case where any property right
has been invaded.
Art. 2223. The adjudication of nominal damages shall preclude further contest
upon the right involved and all accessory questions, as between the parties to the suit,
or their respective heirs and assigns.
SEC. 3. Temperate or Moderate Damages—
Art. 2224. Temperate or moderate damages, which are more than nominal but
less than compensatory damages, may be recovered when the court finds that some
pecuniary loss has been suffered but its amount cannot, from the nature of the case, be
provided with certainty.
Art. 2225. Temperate damages must be reasonable under the circumstances.
SEC. 4. Liquidated Damages—
Art. 2226. Liquidated damages are those agreed upon by the parties to a con-
tract, to be paid in case of breach thereof.
94
Art. 2227. Liquidated damages, whether intended as an indemnity or a penalty,

shall be equitably reduced if they are iniquitous or unconscionable.
Art. 2228. When the breach of the contract committed by the defendant is not
the one contemplated by the parties in agreeing upon the liquidated damages, the law
shall determine the measure of damages, and not the stipulation.
SEC. 5. Exemplary or Corrective Damages—
Art. 2229. Exemplary or corrective damages are imposed, by way of example or
correction, for the public good, in addition to the moral, temperate, liquidated, or com-
pensatory damages.
Art. 2230. In criminal offenses, exemplary damages as a part of the civil liability
may be imposed when the crime was committed with one or more aggravating circum-
stances. Such damages are separate and distinct from fines and shall be paid to the
offended party.
Crocodile Swamp at Sunset. Bugsuk Island, Balabac, Palawan. (A. Oposa)
Art. 2231. In quasi-delicts, exemplary damages may be granted if the defendant

acted with gross negligence.
Art. 2232. In contracts and quasi-contracts, the court may award exemplary
damages if the defendant acted in a wanton, fraudulent, reckless, oppressive, or ma-
levolent manner.
Art. 2233. Exemplary damages cannot be recovered as a matter of right; the
court will decide whether or not they should be adjudicated.
Art. 2234. While the amount of the exemplary damages need not be proved, the
plaintiff must show that he is entitled to moral, temperate, or compensatory damages
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TOUR OF THE HORIZON
before the court may consider the question of whether or not exemplary damages should
be awarded. In case liquidated damages have been agreed upon, although no proof of
loss is necessary in order that such liquidated damages may be recovered, nevertheless,
before the court may consider the question of granting exemplary in addition to the
liquidated damages, the plaintiff must show that he would be entitled to moral, tem-
perate, or compensatory damages were it not for the stipulation for liquidated damages.
Art. 2235. A stipulation whereby exemplary damages are renounced in advance
shall be null and void.
Moral Damages is Awarded on a Case-to-Case Basis
“There is no hard and fast rule in the determination of what would be a fair
amount of moral damages, since each case must be governed by its own peculiar cir-
cumstances. Be that as it may and in amplification of this generalization, we set the
criterion that “in the case of moral damages, the yardstick should be that the ‘amount
awarded should not be palpably and scandalously excessive’ so as to indicate that it was
the result of passion, prejudice, or corruption on the part of the trial court.”
Filinvest Credit Corporation v. IAC

166 SCRA 15, G.R. No. 65935, September 30, 1988
Only a Wrongful Act May be Awarded Moral Damages
“In the absence of a wrongful act or omission or of fraud or bad faith, moral dam-
ages cannot be awarded. The adverse result of an action does not per se make the action
wrongful and subject the actor to the payment of damages, for the law could not have
meant to impose a penalty on the right to litigate.”
“Moral damages are emphatically not intended to enrich a complainant at the ex-
pense of a defendant; they are awarded only to enable the injured party to obtain
means, diversion, or amusements that will serve to alleviate the moral suffering he has
undergone, by reason of the defendant’s culpable action.”
R & B Surety & Insurance Co., Inc. v. IAC and Uson

129 SCRA 736, G.R. No. 64515, June 22, 1984
Special Damages
“The damages recoverable upon breach of contract are, primarily, the ordinary,
natural, and, in a sense, necessary damage resulting from the breach. Other damages,
known as special damages, are recoverable where it appears that the particular condi-
tions which made such damages a probable consequence of the breach were known to
the delinquent party at the time the contract was made. This proposition must be un-
96
derstood with the qualification that, if the damages are in the legal sense remote or
speculative, knowledge of the special conditions which render such damages possible
will not make them recoverable. Special damages of this character cannot be recovered
unless made the subject of special stipulation.
“Whatever may be the character of the liability, if any, which a stranger to a con-
tract may incur by advising or assisting one of the parties to evade performance, he
cannot become more extensively liable in damages for the nonperformance of the con-
tract than the party in whose behalf he inter meddles.”
Daywalt v. La Corporacion de los Padres Agustinos Recoletos

G.R. No. 13505, February 4, 1919
Quasi-Delict: Quasi - like, similar to Delict – crime
A quasi-delict is like a crime in the sense that there is wrongful conduct on the
part of the person who committed the act which resulted in damage or injury.
The conduct may be in the form of an act of commission, an active deed, or an act
of negligent omission.
Quasi-Delict
Art. 2176. Whoever by act or omission causes damage to another, there being
fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if
there is no pre-existing contractual relation between the parties, is called a quasi-delict
and is governed by the provisions of this chapter.
Art. 2177. Responsibility for fault or negligence under the preceding article is
entirely separate and distinct from the civil liability arising from negligence under the
Penal Code. But the plaintiff cannot recover damages twice for the same act or omission
of the defendant.
Art. 2178. The provisions of Articles 1172 to 1174 are also applicable to a quasi-
delict.
Art. 2179. When the plaintiff’s own negligence was the immediate and proxi-
mate cause of his injury, he cannot recover damages. But if his negligence was only
contributory, the immediate and proximate cause of the injury being the defendant’s
lack of due care, the plaintiff may recover damages, but the courts shall mitigate the
damages to be awarded.
Art. 2180. The obligation imposed by Article 2176 is demandable not only for
one’s own acts or omissions, but also for those of persons for whom one is responsible.
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TOUR OF THE HORIZON
The father and, in case of his death or incapacity, the mother, are responsible for
the damages caused by the minor children who live in their company.
Guardians are liable for damages caused by the minors or incapacitated persons
who are under their authority and live in their company.
The owners and managers of an establishment or enterprise are likewise responsi-
ble for damages caused by their employees in the service of the branches in which the
latter are employed or on the occasion of their functions.
Employers shall be liable for the damages caused by their employees and house-
hold helpers acting within the scope of
their assigned tasks, even though the
former are not engaged in any
business or industry.
The State is responsible in like
manner when it acts through a special
agent; but not when the damage has
been caused by the official to whom
the task done properly pertains, in
which case what is provided in Article
2176 shall be applicable.
Lastly, teachers or heads of es-
tablishments of arts and trades shall
be liable for damages caused by their
pupils and students or apprentices, so
long as they remain in their custody.
The responsibility treated of in
this article shall cease when the per-
sons herein mentioned prove that they
observed all the diligence of a good
father of a family to prevent damage.
“Dear water, dear water, playful in your streams.”— Art. 2181. Whoever pays for
(W.H. Auden) (G. Tapan)
the damage caused by his dependents
or employees may recover from the
latter what he has paid or delivered in satisfaction of the claim.
Art. 2182. If the minor or insane person causing damage has no parents or
guardian, the minor or insane person shall be answerable with his own property in an
action against him where a guardian ad litem shall be appointed.
Art. 2183. The possessor of an animal or whoever may make use of the same is
responsible for the damage which it may cause, although it may escape or be lost. This
responsibility shall cease only in case the damage should come from force majeure or
from the fault of the person who has suffered damage.
98
Art. 2184. In motor vehicle mishaps, the owner is solidarily liable with his
driver, if the former, who was in the vehicle, could have, by the use of the due diligence,
prevented the misfortune. It is disputably presumed that a driver was negligent, if he
had been found guilty of reckless driving or violating traffic regulations at least twice
within the next preceding two months.
If the owner was not in the motor vehicle, the provisions of Article 2180 are applicable.
Art. 2185. Unless there is proof to the contrary, it is presumed that a person
driving a motor vehicle has been negligent if at the time of the mishap, he was violating
any traffic regulation.
Art. 2186. Every owner of a motor vehicle shall file with the proper government
office a bond executed by a government-controlled corporation or office, to answer for
damages to third persons. The amount of the bond and other terms shall be fixed by the
competent public official.
Art. 2187. Manufacturers and processors of foodstuffs, drinks, toilet articles,
and similar goods shall be liable for death or injuries caused by any noxious or harmful
substances used, although no contractual relation exists between them and the con-
sumers.
Art. 2188. There is prima facie presumption of negligence on the part of the de-
fendant if the death or injury results from his possession of dangerous weapons or sub-
stances, such as firearms and poison, except when the possession or use thereof is in-
dispensable in his occupation or business.
Art. 2189. Provinces, cities, and municipalities shall be liable for damages for
the death of, or injuries suffered by, any person by reason of the defective condition of
roads, streets, bridges, public buildings, and other public works under their control or
supervision.
Art. 2190. The proprietor of a building or structure is responsible for the dam-
ages resulting from its total or partial collapse, if it should be due to the lack of neces-
sary repairs.
Art. 2191. Proprietors shall also be responsible for damages caused:
1. By the explosion of machinery which has not been taken care of with due dili-
gence, and the inflammation of explosive substances which have not been kept in a safe
and adequate place;
2. By excessive smoke, which may be harmful to persons or property;
3. By the falling of trees situated at or near highways or lanes, if not caused by
force majeure;
4. By emanations from tubes, canals, sewers, or deposits of infectious matter,
constructed without precautions suitable to the place.
Art. 2192. If damage referred to in the two preceding articles should be the re-
sult of any defect in the construction mentioned in Article 1723, the third person suffer-
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TOUR OF THE HORIZON
ing damages may proceed only against the engineer or architect or contractor in accor-
dance with said article, within the period therein fixed.
Art. 2193. The head of a family that lives in a building or a part thereof, is re-
sponsible for damages caused by things thrown or falling from the same.
Art. 2194. The responsibility of two or more persons who are liable for quasi-
delict is solidary.
“When I go into the garden with a spade, and dig a bed, I feel such an exhilaration and
health that I discover that I have been defrauding myself all this time in letting others do
for me what I should have done with my own hands.” — Ralph Waldo Emerson
(G. Tapan, Mt. Isarog)
The Evidence Speaks for Itself
The doctrine res ipsa loquitur (the thing speaks for itself) creates presumption of
negligence. The thing which caused the injury must first be shown to be under the man-
agement of the person or his servants. If in the ordinary course of things, the accident
would not happen when those who have its management use proper care, it affords
reasonable evidence, in the absence of explanation by such person or his servants, that
the accident arose from want of care.
Africa v. Caltex
G.R. No.12986, March 31, 1966
100
Legal Easements
Art. 634. Easements imposed by law have for their object either public use or
the interest of private persons.
Art. 635. All matters concerning easements established for public or communal
use shall be governed by the special laws and regulations relating thereto, and, in the
absence thereof, by the provisions of this Title.
Art. 636. Easements established by law in the interest of private persons or for
private use shall be governed by the provisions of this Title, without prejudice to the
provisions of general or local laws and ordinances for the general welfare.
These easements may be modified by agreement of the interested parties, when-
ever the law does not prohibit it or no injury is suffered by a third person.
Flowing Waters
Art. 637. Lower estates are obliged to receive the waters which naturally and
without the intervention of man descend from the higher estates, as well as the stones
or earth which they carry with them.
The owner of the lower estate cannot construct works which will impede this ease-
ment; neither can the owner of the higher estate make works which will increase the
burden.
Art. 638. The banks of rivers and streams, even in case they are of private own-
ership, are subject throughout their entire length and within a zone of three meters
along their margins, to the easement of public use in the general interest of navigation,
floatage, fishing and salvage.
Estates adjoining the banks of navigable or floatable rivers are, furthermore, sub-
ject to the easement of towpath for the exclusive service of river navigation and
floatage.
If it be necessary for such purpose to occupy lands of private ownership, the proper
indemnity shall first be paid.
Note: The distances of the easement margins provided under the Civil Code are
deemed modified by Sec. 51 of the Water Code (P.D. 1067). It is now 3 meters for urban,
20 meters for agricultural, and 40 meters for forest lands.
Art. 639. Whenever for the diversion or taking of water from a river or brook, or
for the use of any other continuous or discontinuous stream, it should be necessary to
build a dam, and the person who is to construct it is not the owner of the banks, or
lands which must support it, he may establish the easement of abutment of a dam, after
payment of the proper indemnity.
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TOUR OF THE HORIZON
Art. 640. Compulsory easements for drawing water or for watering animals can
be imposed only for reasons of public use in favor of a town or village, after payment of
the proper indemnity.
Art. 641. Easements for drawing water and for watering animals carry with
them the obligation of the owners of the servient estates to allow passage to persons
and animals to the place where such easements are to be used, and the indemnity shall
include this service.
Art. 642. Any person who
may wish to use upon his own
estate any water of which he can
dispose shall have the right to
make it flow through the inter-
vening estates, with the obli-
gation to indemnify their owners,
as well as the owners of the lower
estates upon which the waters
may filter or descend.
Art. 643. One desiring
to make use of the right
granted in the preceding article
is obliged:
1. To prove that he can
dispose of the water and that it
is sufficient for the use for which
it is intended;
2. To show that the
proposed right of way is the most
convenient and the least onerous “What would the world be, once bereft of wet and wild-
to third persons; ness? Let them be left, O let them be left, wildness and
3. To indemnify the owner wet; Long live the weeds and the wilderness yet.”—
of the servient estate in the Gerard Manley Hopkins
manner determined by the laws (Y. Lee, Pagsanjan Rapids)
and regulations.
Art. 644. The easement of aqueduct for private interest cannot be imposed on
buildings, courtyards, annexes, or outhouses, or on orchards or gardens already existing.
Art. 645. The easement of aqueduct does not prevent the owner of the servient es-
tate from closing or fencing it or from building over the aqueduct in such manner as not to
cause the latter any damage, or render necessary repairs and cleanings impossible.
102
Art. 646. For legal purposes, the easement of aqueduct shall be considered as
continuous and apparent, even though the flow of the water may not be continuous, or
its use depends upon the needs of the dominant estate, or upon a schedule of alternate
days or hours.
Art. 647. One who for the purposes of irrigating or improving his estate, has to
construct a stop lock or sluice gate in the bed of the stream from which the water is to
be taken, may demand that the owners of the banks permit its construction, after pay-
ment of damages, including those caused by the new easement to such owners and to
the other irrigators.
Art. 648. The establishment, extent, form, and conditions of the servitudes of
waters, to which this Section refers, shall be governed by the special laws relating
thereto insofar as no provision therefore is made in this Code.
Right of Way
Art. 649. The owner, or any person who by virtue of a real right may cultivate or
use any immovable, which is surrounded by other immovables pertaining to other per-
sons and without adequate outlet to a public highway, is entitled to demand a right of
way through the neighboring estates, after payment of the proper indemnity.
Should this easement be established in such a manner that its use may be con-
tinuous for all the needs of the dominant estate, establishing a permanent passage, the
indemnity shall consist of the value of the land occupied and the amount of the damage
caused to the servient estate.
In case the right of way is limited to the necessary passage or the cultivation of the
estate surrounded by others and for the gathering of its crops through the servient
estate without a permanent way, the indemnity shall consist in the payment of the
damage caused by such encumbrance.
This easement is not compulsory if the isolation of the immovable is due to the pro-
prietor’s own acts.
Art. 650. The easement of right of way shall be established at the point least
prejudicial to the servient estate, and, insofar as consistent with this rule, where the
distance from the dominant estate to a public highway may be the shortest.
Art. 651. The width of the easement of right of way shall be that which is suffi-
cient for the needs of the dominant estate, and may accordingly be changed from time to
time.
Art. 652. Whenever a piece of land acquired by sale, exchange, or partition is
surrounded by other estates of the vendor, exchanger, or co-owner, he shall be obliged to
grant a right of way without indemnity.
In case of a simple donation, the donor shall be indemnified by the donee for the
establishment of the right of way.
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TOUR OF THE HORIZON
Light and View
Art. 667. No part-owner may, without the consent of the others, open through
the party wall any window or aperture of any kind.
Art. 668. The period of prescription for the acquisition of an easement of light
and view shall be counted:
1. From the time of the opening of the window, if it is through a party wall; or
2. From the time of the formal prohibition upon the proprietor of the adjoining
land or tenement, if the window is through a wall on the dominant estate.
Art. 669. When the distances in Article 670 are not observed, the owner of a wall
which is not a party wall, adjoining a tenement or piece of land belonging to another,
can make in it openings to admit light at the height of the ceiling joists or immediately
under the ceiling, and of the size of thirty centimeters square, and, in every case, with
an iron grating imbedded in the wall and with a wire screen.
Nevertheless, the owner of the tenement or property adjoining the wall in which
the openings are made can close them should he acquire part-ownership thereof, if
there be no stipulation to the contrary.
He can also obstruct them by constructing a building on his land or by raising a
wall thereon contiguous to that having such openings, unless an easement of light has
been acquired.
Art. 670. No windows, apertures, balconies, or other similar projections which
afford a direct view upon or towards an adjoining land or tenement can be made, with-
out leaving a distance of two meters between the wall in which they are made and such
contiguous property.
Neither can side or oblique, views upon or towards such conterminous property be
had, unless there be a distance of sixty centimeters.
The non observance of these distances does not give rise to prescription.
Art. 671. The distances referred to in the preceding article shall be measured in
cases of direct views from the outer line of the wall when the openings do not project,
from the outer line of the latter when they do, and in cases of oblique views from the
dividing line between the two properties.
Art. 672. The provisions of Article 670 are not applicable to buildings separated
by a public way or alley, which is not less than three meters wide, subject to special
regulations and local ordinances.
Art. 673. Whenever by any title a right has been acquired to have direct views,
balconies, or belvederes overlooking an adjoining property, the owner of the servient
estate cannot build thereon at less than a distance of three meters to be measured in
the manner provided in Article 671. Any stipulation permitting distances less than
those prescribed in Article 670 is void.
104
Drainage and Falling Waters
Art. 674. The owner of a building shall be obliged to construct its roof or cover-
ing in such manner that the rain water shall fall on his own land or on a street or public
place, and not on the land of his neighbor, even though the adjacent land may belong to
two or more persons, one of whom is the owner of the roof. Even if it should fall on his
own land, the owner shall be obliged to collect the water in such a way as not to cause
damage to the adjacent land or tenement.
Art. 675. The owner of a tenement or a piece of land, subject to the easement of
receiving water falling from roofs, may build in such manner as to receive the water upon
his own roof or give it another outlet in accordance with local ordinances or customs, and
in such a way as not to cause any nuisance or damage whatever to the dominant estate.
Art. 676. Whenever the yard or court of a house is surrounded by other houses,
and it is not possible to give an outlet through the house itself to the rain water col-
lected thereon, the establishment of an easement of drainage can be demanded, giving
an outlet to the water at the point of the contiguous lands or tenements where its egress
may be easiest, and establishing a conduit for the drainage in such manner as to cause
the least damage to the servient estate, after payment of the proper indemnity.
Plantings and Constructions
“I am comforted by life’s stability, by earth’s unchangeableness. What has seemed new

and frightening assumes its place in the unfolding of knowledge. It is good to know our
universe. What is new is only new to us.” — Pearl S. Buck
(G. Tapan)
105
TOUR OF THE HORIZON
Art. 677. No construction can be built or plantings made near fortified places or
fortresses without compliance with the conditions required in special laws, ordinances,
and regulations relating thereto.
Art. 678. No persons shall build any aqueduct, well, sewer, furnace, forge, chim-
ney, stable, depository of corrosive substance, machinery, or factory which by reason of
its nature or products is dangerous or noxious, without observing the distances pre-
scribed by the regulations and customs of the place, and without making the necessary
protective works subject in regard to the manner thereof to the conditions prescribed by
such regulations. These prohibitions cannot be altered or renounced by stipulation on
the part of the adjoining proprietors.
“With all beings and all things we shall be as relatives.” — Sioux Indian
(A. Oposa, Isla Encantada, Visayan Sea)
In the absence of regulations, such precaution shall be taken as may be considered

necessary, in order to avoid any damage to the neighboring lands or tenements.
Art. 679. No trees shall be planted near a tenement or piece of land belonging to
another except at the distance authorized by the ordinances or customs of the place, and
in the absence thereof, at a distance of at least two meters from the dividing line of the
estates if tall trees are planted and at a distance of at least fifty centimeters if shrubs or
small trees are planted.
106
Every landowner shall have the right to demand that trees hereafter planted at a
shorter distance from his land or tenement be uprooted.
The provisions of this Article also apply to trees which have grown spontane-
ously.
Art. 680. If the branches of any trees should extend over a neighboring estate,
tenement, garden, or yard, the owner of the latter shall have the right to demand that
they be cut off insofar as they may spread over his property, and, if it be the roots of a
neighboring tree which should penetrate into the land of another, the latter may cut
them off himself within his property.
Art. 681. Fruits naturally falling upon adjacent land belong to the owner of
said land.
On Beaches and Tree Planting
1. Nuisance
The beach is illegally appropriated and occupied by informal settlers who use the
seashore as their toilet. Despite the clear mandate of the Water Code on easements, and
the mandate of the Local Government Code, the local government unit concerned is
hesitant to remove these squatters because of the ‘political’ implications of this action.
(Squatters mean votes come election time.)
A private citizen can use the provisions on public nuisance to gain the neces-
sary legal personality to initiate a public interest case to enforce the law on ease-
ments.
2. Land Pollution
Other than the clean-up provision of the Environment Code (Presidential Decree
No. 1152) which relates to water pollution, there is no specific provision requiring the
clean-up of land contaminated by pollution (usually by hazardous wastes).
For this purpose, the law on the abatement of a nuisance by the successive owner
or possessor of a property may be creatively used to require whoever is in possession of
said land to undertake the clean-up. The person sued (the “last-touch” possessor) can
then file a third-party complaint against all previous owners and possessors.
(N. B. This subject matter on the clean-up of contaminated land is ripe for legis-
lation.)
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TOUR OF THE HORIZON
3. Tree Planting with Easement of Two Meters
Oftentimes in the enthusiasm for “tree planting” especially in urban areas, one
tends to disregard the easement required by law. If planted too close to the boundary of
the adjoining property, the roots may penetrate the soil of said property and may cause
structural damage to any structure standing thereon.
On roadsides, sidewalks, parking lots and other concretely-paved over ground,
planted trees themselves must have an easement of soil of at least one meter on each
side. While no law provides for this, common sense dictates that it must have enough
land and soil to absorb rain and moisture and for its roots to grow.
——o0o——
108
LAND
LAND
CHAPTER CONTENTS
PROTECTED AREAS (Luz Farms v. Secretary of Agrarian

Reform)
National Integrated Protected Areas Sys- (Maddumba v. GSIS)
tem Act, 111 (Association of Small Landowners
The Strategic Environmental Plan for v. DAR)
Palawan, 122 Community Based Forest Management,
Cave Management Act, 131 343
Revised Forestry Code, 136 Allocation/Tenure Instruments in Produc-
(Felipe v. Deputy) tion Forest Lands, 347
(Minors v. DENR)
Permits Issued for the Utilization of Forest
(Mustang Lumber v. CA)
Resources in Production Forest Lands,
(Paat v. CA)
350
Chainsaw Act of 2002, 194 Agreements and Permits Involving Forest
PROTECTED SPECIES Resources in Private Lands, 351
Conservation and Protection of Wildlife MINERALS
Resources, 198 Small-Scale Mining Program, 352
Protection of the Philippine Eagle, 214 People’s Small-Scale Mining, 354
Protection of Wild Flowers, 215
Philippine Mining Act, 362
Prospecting of Biological and Genetic Re-
(Miners v. Factoran)
sources, 218
(La Bugal-B’laan Tribal v. Ramos
Tree Planting, 225
et. al.)
List of Endangered Species, 228
ENERGY
AGRICULTURE
Department of Energy, 410
Agriculture and Fisheries Modernization Mini-Hydroelectric Power Developers, 422
(RA 8435) Philippine Policy on Trans- Non-Conventional Energy Resources, 427
genics, 237, 277 Biofuels Act, 432
High – Valued Crops, 277 Geothermal Resources, 440
Fertilizers and Pesticides, 283 Geothermal Watersheds, 443
Coconut Cutting, 291 The Stillborn Nuclear Power Plant, 445
Animal Welfare, 294 (Nuclear Free Philippine Coalition
Regulating the Slaughter of Carabaos, 298 v. NPC)
Plant Quarantine, 299
Oil Deregulation, 446
LAND TENURE Legality of the Deregulation Policy, 459
Property Registration Law, 306 (Garcia v. Corona)
(Cariño v. Insular Government) Pilferage of Electricity, 460
(Republic v. Animas) Electric Power Industry Reform Act of
(Lepanto v. Dumyung) 2001, 468
Cases on Land Reform, 341 Implementing the Natural Gas Vehicle
Program for Public Transport, 470
(Vinzons-Magana v. Estrella)
Energy Conservation Program), 476
CHAPTER II: LAND
Protected Areas
National Integrated Protected Areas System Act

(Republic Act 7586)
SECTION 1. Title.—This act shall be known and referred to as the “National

Integrated Protected Areas System Act of 1992.”
SEC. 2. Declaration of Policy—Cognizant of the profound impact of man’s activi-
ties on all components of the natural environment particularly the effect of increasing
population, resource exploitation and industrial advancement and recognizing the criti-
cal importance of protecting and maintaining the natural biological and physical of
diversities of the environment notably on areas with biologically unique features to
sustain human life and development, as well as plant and animal life, it is hereby de-
clared the policy of the State to
secure for the Filipino people of
present and future generations the
perpetual existence of all native
plants and animals through the
establishment of a comprehensive
system of integrated protected
areas within the classification of
national park as provided for in
the Constitution.
It is hereby recognized that
these areas, although distinct in
features, possess common ecologi-
cal values that may incorporated
into a holistic plan representative
of our natural heritage; that effec-
tive administration of these areas
is possible only through coopera-
“Nature knows no pause in progress and develop-
tion among national government,
ment, and attaches her curse on all inaction.”—
local government and concerned
Johann Wolfgang von Goethe
private organizations; that the use
(N. Oshima, Forest) and enjoyment of these protected
areas must be consistent with the
principles of biological diversity and sustainable development.
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LAND
To this end, there is hereby established a National Integrated Areas System (NI-
PAS), which shall encompass outstandingly remarkable areas and biologically impor-
tant public loans that are habitats of rare and endangered species of plants and ani-
mals, biogeographic zones and related ecosystems, whether terrestrial, wetlands or
marine, all of which shall be designated as “protected areas”.
SEC. 3. Categories—The following categories of protected areas are hereby es-
tablished:
a. Strict nature reserve;
b. Natural park;
c. Natural monument;
d. Wildlife sanctuary;
e. Protected landscapes and
seascapes;
f. Resource reserve;
g. Natural biotic areas; and
h. Other categories establis-
hed by law, convention or interna-
tional agreements which the Philip-
pines Government is a signatory.
SEC. 4. Definition of terms
—For purposes of this Act the follow-
ing terms shall be defined as follows: Let us beware of saying there are laws in nature.
a. “NIPAS” is the classifica- There are only necessities: There is no one to com-
tion and administration of all desig- mand, no one to obey, no one to transgress. When
nated protected areas to maintain you realize there are no goals or objectives, then
you realize, too, that, there is no chance: for only
essential ecological processes and
in a world of objectives does the word chance have
life-support systems, to preserve ge- any meaning. — Friedrich Nietzsche
netic diversity, to ensure sustainable
(G. Tapan)
use of resources found therein, and
to maintain their natural conditions to the greatest extent possible;
b. “Protected area” refers to identified portions of land and water set aside by rea-
sons of their unique physical and biological significance, managed to enhance biological
diversity and protected against destructive human exploitation;
c. “Buffer zones” are identified areas outside the boundaries of an immediately
adjacent to designated protected areas pursuant to Section 8 that need special develop-
ment control in order to avoid or minimize harm to the protected area;
112
NATIONAL INTEGRATED PROTECTED AREAS SYSTEM ACT
d. “Indigenous cultural community” refers to a group of people sharing common

bonds of language, customs traditions, and other distinctive cultural traits, and who
have , since time to immemorial, occupied, possessed and utilized a territory;
e. “National park” refers to a forest reservation essentially of natural wilderness
character which has been withdrawn from settlement, occupancy or any form of exploi-
tation except in conformity with approved management plan and set aside as such ex-
clusively to conserve the area or preserve the scenery, the natural and historical objects,
wild animals and plants therein to provide enjoyment of these features in such areas;
f. “Natural monument” is a relatively small area focused on protection of small
features to protect or preserve nationally significant natural features on account of their
special interest or unique characteristics;
g. “Natural biotic area” is an area set aside to allow the way of life societies living
in harmony with the environment to adopt to modern technology at their pace;
h. “Natural park” is relatively large area not materially altered by human activ-
ity where extractive resource use are not allowed and maintained to protect outstanding
natural and scenic areas of national or international significance for scientific, educa-
tion and recreational use;
i. “Protected landscapes/seascapes” are areas of national significance which are
characterized by the harmonious interaction of man and land while providing opportu-
nities for public enjoyment through recreation and tourism within the normal lifestyle
and economic activity of these areas;
j. “Resource reserve” is an extensive and relatively isolated and uninhabited nor-
mally with difficult access designated as such to protect natural resources of the area
for future use and prevent or contain development activities that could affect the re-
source pending the establishment of objectives which are based upon appropriate
knowledge and planning;
k. “Strict nature reserve” is an area possessing some outstanding ecosystem, fea-
tures and/or species of flora and fauna of national scientific importance maintained to
protect nature and maintain processes in an undisturbed state in order to have ecologi-
cally representatives examples of the natural environment available for scientific study,
environmental monitoring, education, and for the maintenance of genetic resources in a
dynamic and evolutionary state;
l. “Tenured migrant communities” are communities within protected areas which
have actually and continuously occupied such areas for five (5) years before the designa-
tion of the same as protected areas in accordance with this Act and are solely dependent
therein for subsistence; and
m. “Wildlife sanctuary” comprises an area which assures the natural conditions
necessary to protect nationally significant species, groups of species, biotic communities
or physical features of the environment where these may require specific human ma-
nipulation for their perpetuation.
113
LAND
SEC. 5. Established and Extent of the System—The establishment and opera-

tionalization of the System shall involve the following:
a. Areas or islands in the Philippines proclaimed, designated or set aside, pursu-
ant to a law, presidential decree, presidential proclamation or executive order as na-
tional park, game refuge, bird and wildlife sanctuary, wilderness area, strict nature
reserve, fish sanctuary, natural and historical landmark, protected and managed land-
scape/seascape as well as identified virgin forests before the effectivity of this Act are
hereby designated as initial components of the System. The initial components of the
System shall be governed by existing laws, rules and regulations, not inconsistent with
this Act;
b. Within one (1) year from the effectivity of this Act, the DENR shall submit to
the Senate and the House of Representatives a map and legal description or natural
boundaries of each protected area initially compromising the System. Such maps and
legal descriptions shall, by virtue of this Act, constitute the official documentary repre-
sentation of the entire System, subject to such changes as Congress deems necessary;
c. All DENR records pertaining to said protected areas, including maps and legal
descriptions or natural boundaries, copies of rules and regulations governing them,
copies of public notices of, and reports submitted to Congress regarding pending addi-
tions, eliminations, or modifications shall be made available to the public. These legal
documents pertaining to protected areas shall also available to the public in the respec-
tive DENR Regional Offices, Provincial Environment and Natural Resources Offices
(PENROs) and Community Environment and Natural Resources Offices (CENROs)
where the NIPAS areas are located;
d. Within three (3) years from the effectivity of this Act, the DENR shall study
and review each area tentatively composing the System as to its suitability or non-
suitability for preservation as protected area and inclusion in the System according to
the categories established in Section 3 hereof and report its findings to the President as
soon as each study is completed. The study must include in each area:
1) A forest occupants survey;
2) An ethnographic study;
3) A protected area resource profile;
4) Land use plans done in coordination with the respective Regional Devel-
opment Councils; and
5) Such other background studies as will be sufficient bases for selection.
The DENR shall:
1) Notify the public of the proposed action through publication in a newspa-
per of general circulation, and such other means as the System deems necessary in
the area or areas in the vicinity of the affected land thirty (30) days prior to the
public hearing;
114
2) Conduct public hearings at the locations nearest to the area affected;

3) At least thirty (30) days prior to the date of hearing, advice all local gov-
ernment units (LGUs) in the affected areas, national agencies concerned, peoples
organizations and non-government organizations and invite such officials to sub-
mit their views on the proposed action at the hearing not later than thirty (30)
days the following the date of the hearing; and
4) Give due consideration to the recommendations at the public hearing;
and provide sufficient explanation for his recommendations contrary to the general
sentiments expressed in the public hearing;
e. Upon receipt of the recommendations of the DENR, the President shall issue a
president proclamation designating the recommended areas as protected areas and
providing for measures for their protection until such time when Congress shall have
enacted a law finally declaring such recommended areas as part of the integrated area
systems; and
f. Thereafter, the President
shall send to the Senate and the
House of Representatives his rec-
ommendations with respect to the
designations as protected areas or
reclassification of each area on
which review has been completed,
together with maps and legal de-
scriptions of boundaries. The Presi-
dent, in his recommendation, may
propose the alteration of existing
boundaries of any or all proclaimed
protected areas, addition of any
contiguous area of public land of
predominant physical and biologi-
cal value. Nothing contained herein
shall limit the President to propose,
as part of his recommendation to
Congress, additional areas which
have been not designated, pro- “Nature…makes nothing in vain.” — Aristotle
claimed or set aside by law, presi- (Y. Lee)
dential decree or executive order as
protected area/s.
SEC. 6. Additional Areas to be Integrated to the System—Notwithstanding the
establishment of the initial component of the System, the Secretary shall propose the
inclusion in the System of additional areas with outstanding physical features, anthro-
pological significance and biological diversity in accordance with the provisions of Sec-
tion 5 (d).
115
LAND
SEC. 7. Disestablishment as Protected Area—When in the opinion of the DENR

a certain protected area should be withdrawn or disestablished, or its boundaries modi-
fied as warranted by a study and sanctioned by the majority of the members of the re-
spective boards for the protected area as herein established in Section 11, it shall, in
turn, advise Congress. Disestablishment of a protected area under the System or modi-
fication of its boundary shall take effect pursuant to an act of Congress. Thereafter,
however, That after disestablishment by Congress, the Secretary may recommend the
transfer of such established area of other government agencies to serve their priority
programs of national interest.
SEC. 8. Buffer Zones—For each protected area, there shall be established pe-
ripheral buffer zones when necessary, in the same manner from activities that will
directly harm it. Such buffer zones shall be included in the individual protected area
management plan that shall be prepared for each protected area. The DENR shall exer-
cise its authority over protected areas as provided in this Act on such area designated
as buffer zones.
SEC. 9. Management Plans—There shall be a general management planning
strategy to serve as guide in formulating individual plans for each protected area. The
management planning strategy shall, at the minimum, promote the adoption and im-
plementation of innovative management techniques including, if necessary, the concept
of zoning, buffer zone management for multiple use and protection, habitat conserva-
tion and rehabilitation, diversity management, community organizing, socioeconomic
and scientific researchers, site-specific policy development, pest management, and fire
control. The management planning strategy shall also provide guidelines for the protec-
tion of indigenous cultural communities, other tenured migrant communities and sites
and for close coordination between and among local agencies of the Government as well
as the private sector.
Each component area of the System shall be planned and administered to further
protect and enhance the permanent preservation of its natural conditions. a manage-
ment manual shall be formulated and developed which must contain the following: an
individual management plan prepared by three (3) experts, basic background informa-
tion, field inventory of the resources within the area, an assessment of assets and limi-
tations, regional interrelationships, particular objectives for the managing the area,
appropriate division of the area into management zones, a review of the boundaries of
the area, and a design of the management programs.
SEC. 10. Administration and Management of the System—The National Inte-
grated Protected Areas System is hereby placed under the control and administration of
the Department of Environment and Natural Resources. For this purpose, there is
hereby created a division in the regional offices of the Department to be called the Pro-
tected Areas and Wildlife Division in regions where protected areas have been estab-
lished, which shall be under the supervision of a Regional Technical Director, and shall
include subordinate officers, clerks and employees as may be proposed by the Secretary,
duly approved by the Department of Budget and Management, and appropriated for by
116
Congress. The Service thus established shall manage protected areas and promote the
permanent preservation, to the greatest extent possible of their natural conditions.
To carry out the mandate of this Act, the Secretary of the DENR is empowered to
perform any and all of the following acts:
a. To conduct studies in various characteristics features and conditions of the dif-
ferent protected areas, using commonalities in their characteristics, classify and define
them into categories and prescribe permissible or prohibited human activities in each
category in the System;
b. To adopt and enforce a
land-use scheme and zoning plan
in adjoining areas for the preser-
vation and control of activities that
may be threaten the ecological
balance in the protected areas;
c. To cause the preparation
of and exercise the power to review
all plans and proposals for the
management of protected areas;
d. To promulgate rules and
regulations necessary to carry out
the provisions of this Act;
e. To deputize field officers
and delegate any of his powers
under this Act and other laws to
expedite its implementation and
enforcement;
“The hills and the sea and the earth dance. The f. To fix and prescribe rea-
world of man dance in laughter and tears.”— Kabir sonable NIPAS fees to be collected
from government agencies or any
(N. Oshima)
person, firm or corporation deriv-
ing benefits from the protected areas;
g. To extract administrative fees and fines as authorized in Section 21 for viola-
tions of guidelines, rules and regulations of this Act as would endanger the viability of
protected areas;
h. To enter into contracts and/or agreements with private entities or public agen-
cies as may be necessary to carry out the purposes of this Act;
i. To accept in the name of the Philippine Government and in behalf of NIPAS
funds, gifts or bequests of money for immediate disbursements or other property in the
interest of the NIPAS, its activities, or its services;
j. To call on any agency or instrumentality of the Government as well as aca-
demic institutions, non-government organizations and the private sector as may be
necessary to accomplish the objectives and activities of the System;
117
LAND
k. To submit an annual report to the President of the Philippines and to Congress

on the status of protected areas in the country;
l. To establish a uniform matter for the System, including an appropriate and
distinctive symbol for each category in the System, in consultation with appropriate
government agencies and public and private organizations;
m. To determine the specification of the class, type and style of buildings and
other structures to be constructed in protected areas and the materials to be used;
n. Control the construction, operation and maintenance of roads, trails, water
works, sewerage fire protection and sanitation systems and other public utilities with
the protected areas;
o. Control occupancy of suitable portions of the protected areas and resettle out-
side of said area forest occupants therein, with the extraction of the members of the
indigenous communities area; and
p. To perform such other functions as may be directed by the President of the
Philippines, and to do such acts as may be necessary or incidental to the accomplish-
ment of the purpose and objectives of the System.
SEC. 11. Protected Area Management Board—A Protected Area Management
Board for each of the established protected area shall be created and shall be composed
of the following: the Regional Executive Director under whose jurisdiction the protected
area is located ; one (1) representative from the autonomous regional government, if
applicable; the Provincial Development Officer; one (1) representative from the munici-
pal government; one (1) representative from each barangay covering the protected area;
one (1) representative from each tribal community, if applicable; and at least three (3)
representatives from non-government organizations / local community organizations,
and if necessary, one (1) representative from other departments or national government
agencies involved in protected area management.
The Board shall, by majority vote, decide the allocations for budget, approve pro-
posals for funding, decide matters relating to planning, peripheral protection and gen-
eral administration of the area in accordance with the general management strategy.
The members of the Board shall serve for a term of five (5) years without compensation,
except for actual and necessary traveling and subsistence expenses incurred in the
performance of their duties. They shall be appointed by the Secretary of the DENR as
follows:
a. A member who shall be appointed to represent each local government down to
barangay level whose territory or portion in included in the protected area. Each ap-
pointee shall be the person designated by the head of such LGU, except for the Provin-
cial Development Officer who shall serve ex officio;
b. A member from non-government organizations who shall be endorsed by heads
of organizations which are preferably based in the area or which have established and
recognized interest in protected areas;
118
c. The RED/s in the region/s where such protected area lies shall sit as ex officio
member of the Board and shall serve as adviser/s in matters related to the technical
aspect of management of the area; and
d. The RED shall act as chairman of the Board. When there are two (2) or more
than REDs in the Board, the secretary shall designate one (1) of them to be the Chair-
man. Vacancies shall be filed in the same manner as the original appointment.
SEC. 12. Environmental Impact Assessment—Proposals for activities which are
outside the scope of the management plan for protected areas shall be subject to an
environmental impact assessment as required by law before they are adopted, and the
results thereof shall be taken into consideration in the decision-making process. No
actual implementation of such activities shall be allowed without the required Envi-
ronmental Compliance Certificate (ECC) under the Philippine Impact Assessment (EIA)
system. In instances where such activities are allowed to be undertaken, the proponent
shall plan and carry them out in such manners as will minimize any adverse effects and
take preventive and remedial action when appropriate. The proponent shall be liable for
any damage due to lack of caution or indiscretion.
SEC. 13. Ancestral lands and Rights Over Them—Ancestral lands and custom-
ary rights and interest arising shall be accorded due recognition. The DENR shall pre-
scribe rules and regulations to govern ancestral lands within protected areas: Provided,
however, That all rules and regulations, whether adversely affecting said communities
or not, shall be subjected to notice and hearing to be participated in by members of
concerned indigenous community.
SEC. 14. Survey for Energy Resources—Consistent with the policies declared in
Section 2 hereof, protected areas, except strict nature reserves and natural parks, may
be subjected to exploration only for the purpose of gathering information on energy
resources and only if such activity is carried out with the least damage to surrounding
areas. Surveys shall be conducted only in accordance with a program approved by the
DENR, and the result of such surveys shall be made available to the public and submit-
ted to the President for recommendation to Congress. Any exploitation and utilization of
energy resources found within NIPAS areas shall be allowed only through a law passed
by Congress.
SEC. 15. Areas Under the Management of Other Departments and Government
Instrumentalities—Should there be protected areas, or portions thereof, under the ju-
risdiction of government instrumentalities other than the DENR, such jurisdiction
shall, prior to the passage of this Act, remain in the said department or government
instrumentality: Provided, That the department or government instrumentality exercis-
ing administrative jurisdiction over said protected area or a portion thereof shall coor-
dinate with the DENR in the preparation of its management plans, upon the effectivity
of this Act.
SEC. 16. Integrated Protected Areas Fund—There is hereby established a trust
fund to be known as Integrated Protected Areas (IPAS) Fund for purposes of financing
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projects of the System. The IPAS may be solicit and receive donations, endowments,
and grants in the form of contributions, and such endowments shall be exempted from
income or gift taxes and all other taxes, charges of fees imposed by the Government or
any political subdivision or instrumentality thereof.
All incomes generated from the operation of the System or management of wild
flora and fauna shall accrue to the Fund and may be utilized directly by the DENR for
the above purpose. These incomes shall be derived from:
a. Taxes from the permitted sale and export of flora and fauna and other re-
sources from protected areas;
b. Proceeds from lease of multiple- use areas;
c. Contributions from industries and facilities directly benefiting from the pro-
tected area; and
d. Such other fees and incomes derived from the operation of the protected area.
Disbursements from the Fund shall be made solely for the protection, mainte-
nance, administration, and management of the System, and duly approved projects
endorsed by the PAMBs, in the amounts authorized by the DENR.
SEC. 17. Annual Report to Congress—At the opening of each session of Con-
gress, on the status of the System, regulation in force and other pertinent information,
together with recommendations.
SEC. 18. Field Officers—All officials, technical personnel and forest guards em-
ployed in the integrated protected area service or all persons deputized by the DENR,
upon recommendation to the Management Board shall be considered as field and make
arrests in accordance with the rules on criminal procedure for the violation of laws and
regulations relating to protected areas. Persons arrested shall be brought to the nearest
police precinct for investigation.
Nothing herein mentioned shall be construed as preventing regular law enforcers
and police officers from arresting any person in the act of violating said laws and regu-
lations in protected areas.
SEC. 19. Special Prosecutors—The Department of Justice shall designate spe-
cial prosecutors to prosecute violation of laws, rules and regulations in protected areas.
SEC. 20. Prohibited Acts—Except as may be allowed by the nature of their cate-
gories and pursuant to rules and regulations governing the same, the following acts are
prohibited within protected areas:
a. Hunting, destroying, disturbing, or mere possession of any plants or animals
or products derived therefrom without a permit from the Management Board;
b. Use of any motorized equipment without as permit from the Management
Board;
120
c. Mutilating, defacing or destroying objects of natural beauty, or objects of inter-

est to cultural communities ( of scenic value );
d. Damaging and leaving roads and trails in a dam condition;
e. Squatting, mineral locating, or otherwise occupying any land;
f. Constructing and maintaining any kind of structure, fence or enclosures, con-
ducting any business exposed or unsanitary conditions refuse or debris, or depositing in
ground or in bodies of water; and
g. Altering, removing, destroying or defacing boundary mark or signs.
“Those who dwell, as scientists or laymen, among the beauties and mysteries of the earth
are never alone or weary of life.” — Rachel Carson
(T. Cayton)
SEC. 21. Penalties—Whoever violates this Act or any rules and regulations is-
sued by the Department pursuant to this Act or whoever is found guilty by a competent
court of justice of any of the offenses in the preceding section shall be fined in the
amount of not less than Five thousand pesos ( P5,000 ) not more than Five hundred
thousand pesos ( P500,000 ), exclusive of the value of the thing damaged or imprison-
ment for not less than one (1) year but not more than six (6) years, or both, as deter-
mined by the court; Provided, That, if the area requires rehabilitation or restoration as
determined by the court, the offender shall also be required to restore or compensate for
the restoration to the damage: Provided, further, That the court shall order the eviction
of the offender from the land and the forfeiture in the favor of the Government of all
minerals, timber or any species collected or removed including all equipment, devices
and firearms used in connection therewith, and any construction or improvement made
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thereon by the offender. If the offender is an association or corporation, the president or

manager shall be directly responsible for the act of his employees and laborers: Pro-
vided, finally, That the DENR may impose administrative fines and penalties consis-
tent with this Act.
SEC. 22. Separability Clause—If any part of section of this Act is declared un-
constitutional, such declaration shall not affect the other parts of sections of this Act.
SEC. 23. Repealing Clause—All laws, presidential decrees, executive orders,
rules and regulations inconsistent with any provisions of this Act shall be deemed re-
pealed or modified accordingly.
SEC. 24. Effectivity Clause—This Act shall take effect fifteen (15 ) days after its
complete publication in two ( 2 ) newspaper of general circulation.
Approved: June 01, 1992.
Freedom of the wilderness means many things to different

people. To really enjoy it, we must recognize our responsibil-
ity as human beings.
Freedom gives us no license to change a heritage that be-
longs to the ages.
— Sigurd Olson
The Strategic Environmental Plan for Palawan

(Republic Act 7611)
Chapter I
General Provisions
SECTION 1. Title—This Act shall be known as the “Strategic Environmental

Plan (SEP) for Palawan Act.”
SEC. 2. Declaration of Policy—It is hereby declared the policy of the State to
protect, develop and conserve its natural resources. Towards this end, it shall assist and
support the implementation of plans, programs and projects formulated to preserve and
enhance the environment, and at the same time pursue the socioeconomic development
goals of the country.
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THE STRATEGIC ENVIRONMENTAL PLAN FOR PALAWAN
It shall support and promote the sustainable development goals for the provinces
through proper conservation, utilization and development of natural resources to pro-
vide optimum yields on a continuing basis. With specific reference to forest resources,
the State shall pursue and implement forest conservation and protection through the
imposition of a total commercial
logging ban as hereinafter pro-
vided.
It shall also adopt the ne-
cessary measures leading to the
creation of an institutional ma-
chinery including, among others,
fiscal and financial programs to
ensure the effective and efficient
implementation of environmen-
tal plans, programs and projects.
It shall also promote and
encourage the involvement of all
sectors of society and maximize
people participation in natural
resource management, conserva-
tion and protection. “And shall not loveliness be loved forever?”—Euripedes
SEC. 3. Definition of (A. Oposa)
Terms—As used in this Act, the
following terms are defined as follows:
1. Palawan refers to the Philippine province composed of islands and islets lo-
cated 7º47’ and 12º22’ north latitude and 117º00’ and 119º51’ east longitude, generally
bounded by the South China Sea to the northwest and by the Sulu Sea to the east;
2. Sustainable development means the improvement in the quality of life of the
present and future generations through the complementation of development and envi-
ronmental protection activities;
3. Natural resources refers to life-support systems such as the sea, coral reefs,
soil, lakes, rivers, streams, and forests as well as useful products found therein such as
minerals, wildlife, trees and other plants, including the aesthetic attributes of scenic
sites that are not man-made;
4. Tribal land areas refers to the areas comprising both land and sea that are
traditionally occupied by the cultural minorities;
5. Environmentally critical areas refers to terrestrial, aquatic and marine areas
that need special protection and conservation measures as they are ecologically fragile;
6. Participatory processes means the involvement of all the key sectors of devel-
opment, from the grassroots to the policy-making bodies of the national government, in
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providing the values and ideas from which strategic development and environmental
protection action can come about;
7. Conservation refers to the
wise use of natural resources that
assures regeneration and replenish-
ment for continuous benefit;
8. Ecology refers to the life-
sustaining interrelationships and
interactions of organisms with each
other and with their physical sur-
roundings;
9. Commercial logging refers
to the cutting, felling or destruction
of trees from old growth and residual
forests for the purpose of selling or
otherwise disposing of the cut or
felled logs for profit;
10. SEP refers to the Strate-
gic Environmental Plan discussed in
Section 4 of this Act;
11. ECAN refers to the Envi-
ronmentally Critical Areas Network
as provided in Section 7 of this Act;
“He that plants trees loves others besides him-
and
self.”— Thomas Fuller
12. EMES refers to the Envi-
(A. Oposa)
ronmental Monitoring and Evalua-
tion System provided in Section 13 of this Act.
Chapter II
Strategic Environmental Plan: Adoption, Philosophy and Legal Effects
SEC. 4. Strategic Environmental Plan (SEP)—A comprehensive framework for

the sustainable development of Palawan compatible with protecting and enhancing the
natural resources and endangered environment of the province is hereby adopted. Such
framework shall be known as the Strategic Environmental Plan for Palawan, hereinaf-
ter referred to as SEP, and shall serve to guide the local government of Palawan and
the government agencies concerned in the formulation and implementation of plans,
programs and projects affecting said province.
SEC. 5. Strategic Environmental Plan Philosophy—The SEP shall have, as its
general philosophy, the sustainable development of Palawan, which is the improvement
in the quality of life of its people in the present and future generations through the use
124
of complementary activities of development and conservation that protect life-support

ecosystems and rehabilitate exploited areas to allow upcoming generations to sustain
development growth. It shall have the following features:
1. Ecological viability — The physical and biological cycles that maintain the pro-
ductivity of natural ecosystems must always be kept intact;
2. Social acceptability — The people themselves, through participatory processes,
should be fully committed to support sustainable development activities by fostering
equity in access to resources and the benefits derived from them; and
3. Integrated approach — This allows for a holistic view of problems and issues
obtaining in the environment as well as opportunities for coordination and sharing that
will eventually provide the resources and political will to actually implement and sus-
tain SEP activities.
SEC. 6. Legal Effects—The SEP shall serve as the framework to guide the gov-
ernment agencies concerned in the formulation and implementation of plans, programs,
and projects affecting the environment and natural resources of Palawan. It shall there-
fore be incorporated in the regional development plan of Region IV as part of said plan.
All local governments in Palawan and the concerned national and regional government
agencies operating therein shall coordinate and align their projects and the correspond-
ing budgets with the projects, programs and policies of the SEP, as administered and
implemented by an administrative machinery hereinafter created.
SEC. 7. Environmentally Critical Areas Network (ECAN)—The SEP shall estab-
lish a graded system of protection and development control over the whole of Palawan,
including its tribal lands, forests, mines, agricultural areas, settlement areas, small
islands, mangroves, coral reefs, seagrass beds and the surrounding sea. This shall be
known as the Environmentally Critical Areas Network, hereinafter referred to as
ECAN, and shall serve as the main strategy of the SEP.
The ECAN shall ensure the following:
1. Forest conservation and protection through the imposition of a total commer-
cial logging ban in all areas of maximum protection and in such other restricted use
zones as the Palawan Council for Sustainable Development as hereinafter created may
provide;
2. Protection of watersheds;
3. Preservation of biological diversity;
4. Protection of tribal people and the preservation of their culture;
5. Maintenance of maximum sustainable yield;
6. Protection of rare and endangered species and their habitat;
7. Provision of areas for environmental and ecological research, education and
training; and
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8. Provision of areas for tourist and recreation.

SEC. 8. Main Components—The areas covered by the ECAN shall be classified
into three (3) main components:
1. Terrestrial—The terrestrial component shall consist of the mountainous as
well as ecologically important low hills and lowland areas of the whole province. It may
be further subdivided into smaller management components;
2. Coastal/marine area—This area includes the whole coastline up to the open
sea. This is characterized by active fisheries and tourism activities; and
3. Tribal ancestral lands—These are the areas traditionally occupied by the cul-
tural communities.
SEC. 9. Terrestrial Component: Management Scheme and Zonation—The terres-
trial component may be further subdivided into smaller management components for a
more efficient supervision. These management components, in turn, shall each be fur-
ther subdivided into the following zones:
1. Area of maximum protection or core zone—This zone shall be fully and strictly
protected and maintained free of human disruption. Included here are all types of natu-
ral forest which include first growth forest, residual forest and edges of intact forest,
areas above one thousand (1,000) meters elevation, peaks of mountains or other areas
with very steep gradients, and endangered habitats and habitats of endangered and
rare species. Exceptions, however, may be granted to traditional uses of tribal commu-
nities of these areas for minimal and soft impact gathering of forest species for ceremo-
nial and medicinal purposes.
2. Buffer zone—This area permits regulated use and may be further subdivided
into three (3) sub-zones:
a. Restricted use area—Generally surrounds the core zone and provides a
protective barrier. Limited and non-consumptive activities may be allowed in this
area;
b. Controlled use area—Encircles and provides the outer barrier to the core
and restricted use areas. Controlled forest extraction, like the collecting of minor
forest products, and strictly controlled logging and mining may be allowed; and
c. Traditional use area—Edges of intact forests where traditional land use
is already stabilized or is being stabilized. Management and control shall be car-
ried out with the other supporting programs of the SEP.
3. Multiple/Manipulative use area—This is the area where the landscape has
been modified for different forms of land use such as intensive timber extraction, graz-
ing and pastures, agriculture and infrastructure development. Control and manage-
ment shall be strictly integrated with the other supporting programs of the SEP and
other similar programs of the government.
126
SEC. 10. Coastal/Marine Zone—A different and simplified scheme of manage-

ment and zonation shall be applied to this component due to its geographical character-
istics, critical nature, and patterns of resource use. Equitable access to the resource and
management responsibility by the local community shall be the underlying manage-
ment philosophy of this component.
1. Core zone—This area shall be designated free from any human activity. This
includes sanctuaries for rare and endangered species, selected coral reefs, seagrass, and
mangrove ecosystem reserves.
2. Multiple use zone—Aside from being the development area, this zone also
serves as the buffer zone where fishery, mariculture, recreation, rehabilitation of small
islands and mangrove ecosystem, education and research are allowed.
Wilderness is an area where the Earth and its community of life are untouched by
*
man, where man himself is a visitor and does not remain. — Wilderness Act of the
United States of America, Section 1131 (c)
(M. Velas)
SEC. 11. Tribal Ancestral Lands—These areas, traditionally occupied by cul-

tural minorities, comprise both land and sea areas. These shall be treated in the same
graded system of control and prohibition as in the others above-mentioned except for
stronger emphasis in cultural considerations. The SEP, therefore, shall define a special
kind of zonation to fulfill the material and cultural needs of the tribes using consulta-
tive processes and cultural mapping of the ancestral lands.
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Chapter III
Management of Resources Outside of the Ecologically Critical Areas
SEC. 12. Management of Resources Outside of the Ecologically Critical Areas —

The SEP shall provide for the management of resources outside of the ECAN and shall
include coastal resources, resources of the catchment areas, timber and mines, devel-
opment in the lowlands, and settlement areas. It shall also provide for tourism plan-
ning.
Chapter IV
Support Mechanisms
SEC. 13. Environmental Monitoring and Evaluation System (EMES) —In order
to monitor achievement of its goals, the SEP shall establish an Environmental Monitor-
ing and Evaluation System (EMES) which shall ensure a systematic and reliable means
of data generation for the various concerns of the SEP. It shall measure changes in
environmental status, identify adverse environmental trends and crisis areas, recom-
mend solutions, assess the implementation of the SEP, and suggest measures to make
the SEP more responsible to the changing needs.
SEC. 14. Environmental Research—The SEP shall provide for a system of re-
search so that additional information for accurate planning as well as data to solve new
problems in the implementation of the SEP shall be supplied. As such, the SEP’s re-
searches shall not be confined to the physical and biological features of the environ-
ment, achieved through surveys, monitoring, resource assessments and research into
processes, but shall also extend to policies and socioeconomic questions.
SEC. 15. Environmental Education and Extension—The SEP shall design an
environmental information and education designed to gradually wean the people away
from destructive practices and shall recommend practical ways as an alternative.
Training programs for the nongovernmental organizations (NGOs), business sector
representatives, and community leaders shall be organized. This may establish linkages
between the NGO’s, community leaders, sector representatives and the staff of line
agencies’ development communication or public information section and, at the same
time, be used to plan out a comprehensive public information drive.
Simultaneously, community organizing shall be enhanced to reinforce non-formal
approaches, complementing regular environment/science courses in the school.
Chapter V
Administrative Machinery for the Implementation of the SEP
SEC. 16. Palawan Council for Sustainable Development—The governance, im-

plementation and policy direction of the Strategic Environmental Plan shall be exer-
128
cised by the herein created Palawan Council for Sustainable Development (PCSD),
hereinafter referred to as the Council, which shall be under the Office of the President.
It shall be composed of the Members of the House of Representatives representing the
Province of Palawan, the Deputy Director General of the National Economic and Devel-
opment Authority, the Undersecretary of Environment and Natural Resources, the
Undersecretary for Special Concerns of the Department of Agriculture, the Governor of
Palawan, the Mayor of Puerto Princesa City, the President of the Mayor’s League of
Palawan, the President of the Provincial Chapter of the Liga ng mga Barangay, the
Executive Director of the Palawan Council for Sustainable Development Staff as pro-
vided in Section 20 of this Act, and such other members from the public or private sec-
tors as the majority of the Council may deem necessary.
The Council shall elect, from among its members, a Chairman and a Vice-
Chairman.
SEC. 17. Quorum—A majority of the members of the Council shall constitute a
quorum for the conduct of business.
SEC. 18. Compensation—The members of the Council shall be entitled to per di-
ems and allowances in accordance with existing laws in the performance of their duties
and in carrying out the business of the Council. The per diems shall be in the amount of
Five Hundred Pesos (P500) for every meeting; Provided, That the per diems collected do
not exceed the equivalent of per diems for four (4) meetings in a month.
SEC. 19. Powers and Functions—In order to successfully implement the provi-
sions of this Act, the Council is hereby vested with the following powers and functions:
1. Formulate plans and policies as may be necessary to carry out the provisions
of this Act;
2. Coordinate with the local governments to ensure that the latter’s plans, pro-
grams and projects are aligned with the plans, programs and policies of the SEP;
3. Call on any department, bureau, office, agency or instrumentality of the gov-
ernment, and on private entities and organizations for cooperation and assistance in the
performance of its functions;
4. Arrange, negotiate for, and accept donations, grants, gifts, loans, and other
fundings from domestic and foreign sources to carry out the activities and purposes of
the SEP;
5. Recommend to the Congress of the Philippines such matters that may require
legislation in support of the objectives of the SEP;
6. Delegate any or all of its powers and functions to its support staff, as hereinaf-
ter provided, except those which by provisions of law cannot be delegated;
7. Establish policies and guidelines for employment on the basis of merit, techni-
cal competence and moral character and prescribe a compensation and staffing pattern;
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8. Adopt, amend and rescind such rules and regulations and impose penalties
therefore for the effective implementation of the SEP and the other provisions of this
Act;
9. Enforce the provisions of this Act and other existing laws, rules and regula-
tions similar to or complementary with this Act;
10. Perform related functions which shall promote the development, conserva-
tion, management, protection, and utilization of the natural resources of Palawan; and
11. Perform such other powers and functions as may be necessary in carrying out
its functions, powers, and the provisions of this Act.
SEC. 20. Conversion of Palawan Integrated Area Development Project Office (PI-
ADPO) to the Palawan Council for Sustainable Development Staff—The Palawan Inte-
grated Area Development Project Office, hereinafter referred to as PIADPO, is hereby
converted to the Palawan Council for Sustainable Development Staff which shall serve
as the regular professional support staff of the Council and shall provide the machinery
to coordinate the policy and functions, implement programs, and organize such services
as may be required by the Council in the exercise of its functions. It shall be independ-
ent of any other department or agency of the Government other than the herein pro-
vided Council. All the applicable powers, functions, personnel, complement, staff, ap-
propriations, records, equipment, property, funds, and other assets of the PIADPO, as
well as all its obligations and liabilities, are hereby transferred to the Palawan Council
1
for Sustainable Development Staff.
The incumbent director of the PIADPO shall be the Executive Director of the
Palawan Council for Sustainable Development Staff and shall lead all its operation.
Thereafter, the Executive Director shall be appointed by the members of the Council.
He shall also be ex officio member of the Council.
Chapter VI
Appropriations and Final Provisions
SEC. 21. Appropriations—The amount necessary to carry out the provisions of

this Act shall be charged to the current fiscal year appropriations of the PIADPO.
Thereafter, such sums as may be necessary shall be included in the annual General
Appropriations Act.
SEC. 22. Separability Clause—If any of the provisions of this Act shall be de-
clared unconstitutional, the other provisions of this Act shall remain valid.
SEC. 23. Repealing Clause—All laws, decrees, orders, rules and regulations or
parts thereof contrary to or inconsistent with the provisions of this Act are hereby re-
_______________________
1
See also Sec. 16.
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CAVE MANAGEMENT ACT
SEC. 24. Effectivity Clause—This Act shall take effect upon its approval.
Cave Management Act (Republic Act 9072)

SECTION 1. Title—This Act shall be known as the “National Caves and Cave
Resources Management and Protection Act.”
Sto. Niño Cave, Tami-aw, Somewhere in the Visayan Sea.

(A. Oposa)
SEC. 2. Declaration of Policy. — It is hereby declared the policy of the State to

conserve, protect and manage caves and cave resources as part of the country’s natural
wealth. Towards this end, the State shall strengthen cooperation and exchange of in-
formation between governmental authorities and people who utilize caves and cave
resources for scientific, educational, recreational, tourism and other purposes.
SEC. 3. Definition of Terms. —
For purposes of this Act, the following terms shall be defined as follows:
a. “Cave” means any naturally occurring void, cavity, recess or system of inter-
connected passages beneath the surface of the earth or within a cliff or ledge and which
is large enough to permit an individual to enter, whether or not the entrance, located
either in private or public land, is naturally formed or man-made. It shall include any
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natural pit, sinkhole or other feature which is an extension of the entrance. The term
also includes cave resources therein, but not any vug, mine tunnel, aqueduct or other
man-made excavation.
b. “Cave resources” includes any material or substance occurring naturally in
caves, such as animal life, plant life, including paleontological and archaeological depos-
its, cultural artifacts or products of human activities, sediments, minerals, speleogems
and speleothems.
c. “Secretary” means the Secretary of the Department of Environment and Natu-
ral Resources (DENR).
d. “Speleogem” means relief features on the walls, ceilings and floor of any cave
or lava tube which are part of the surrounding bedrock, including but not limited to
anastomoses, scallops, meander niches, petromorphs and rock pendants in solution
caves and similar features unique to volcanic caves.
e. “Speleothem” means any natural mineral formation or deposit occurring in a
cave or lava tube, including but not limited to any stalactite, stalagmite, helictite, cave
flower, flowstone, concretion, drapery, rimstone or formation of clay or mud.
f. “Significant cave” refers to a cave which contains materials or possesses fea-
tures that have archaeological, cultural, ecological, historical or scientific value as de-
termined by the DENR in coordination with the scientific community and the academe.
SEC. 4. Implementing Agency—The DENR shall be the lead agency tasked to
implement the provisions of this Act in coordination with the Department of Tourism
(DOT), the National Museum, the National Historical Institute and concerned local
government unit (LGUs) for specific caves, except that in the Province of Palawan, the
Palawan Council for Sustainable Development shall be the lead implementing agency
pursuant to Republic Act No. 7611 or the Strategic Environmental Plan for Palawan
Act.
SEC. 5. Powers and Functions of the Department of Environment and Natural
Resources (DENR)—In the implementation of this Act, the DENR shall exercise the
following powers and functions:
a. Formulate, develop and implement a national program for the management,
protection and conservation of caves and cave resources;
b. Disseminate information and conduct educational campaign on the need to
conserve, protect and manage our caves and cave resources;
c. Issue permits for the collection and removal of guano and other cave resources
which shall be determined in coordination with the DOT, the National Museum, con-
cerned LGUs, the scientific community and the academe, with regard to specific caves
taking into consideration bio-diversity as well as the aesthetic and archaeological value
of the cave: Provided, That the permittee shall be required to post a bond to ensure
compliance with the provisions of any permit: Provided, further, That any permit issued
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CAVE MANAGEMENT ACT
under this Section shall be revoked by the Secretary when the permittee violates any
provision of this Act or fails to comply with any other condition upon which the permit
was issued: Provided, furthermore, That the Secretary cannot issue permits for the
removal of stalactites and stalagmites, and when it is established that the removal of
the resources will adversely affect the value of a significant cave: Provided, finally, That
caves located within a protested area shall be subject to the provisions of Republic Act
No. 7586 or the National Integrated Protected Areas System Act of 1992;
d. Call on any local government unit, bureau, agency, state university or college
and other instrumentalities of the government for assistance as the need arises in the
discharge of its functions;
e. Enter into a memorandum of agreement with any local government unit (LGU)
for the preservation, development and management of cave or caves located in their
respective territorial jurisdiction;
f. Tap the cooperation of people’s and nongovernmental organizations as active
partners in the conservation and protection of our caves and cave resources; and
g. Exercise other powers and perform other functions as may be necessary to im-
plement the provisions of this Act.
SEC. 6. Information Concerning the Nature and Location of Significant Caves—
Information concerning the nature and specific location of a potentially significant cave
shall not be made available to the public within one (1) year after its discovery by the
DENR, during which time the DENR, in coordination with the DOT, the National Mu-
seum, the National Historical Institute, concerned LGUs, the scientific community and
the academe, shall assess its archaeological, cultural, ecological, historical and scientific
value, unless a written request is made and the Secretary determines that disclosure of
such information will further the purpose of this Act and will not create a substantial
risk of harm, theft or destruction on such cave.
The written request shall contain, among others, the following:
a. a description of the geographic site for which the information is sought;
b. an explanation of the purpose for which the information is sought; and
c. an assurance or undertaking satisfactory to the Secretary that adequate meas-
ures are to be taken to protect the
d. confidentiality of such information and to ensure the protection of the cave
from destruction by vandalism and unauthorized use.
SEC. 7. Prohibited Acts—The following shall be considered prohibited acts:
a. Knowingly destroying, disturbing, defacing, marring, altering, removing or
harming the speleogem or speleothem of any cave or altering the free movement of any
animal or plant life into or out of any cave;
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b. Gathering, collecting, possessing, consuming, selling, bartering or exchanging

or offering for sale without authority any cave resource; and
c. Counselling, procuring,
soliciting or employing any other
person to violate any provision of
this Section.
SEC. 8. Penalties—Any
person found guilty of any of the
offenses enumerated under Sec-
tion 7 hereof shall be punished
by imprisonment from two (2)
years to six (6) years or a fine
ranging from Twenty thousand
pesos (P20,000.00) to Five
hundred thousand pesos
(P500,000.00) or both, at the dis-
cretion of the Court: Provided,
That the person furnishing the
capital to accomplish the acts
punishable herein shall be pun-
ished by imprisonment from six
(6) years and one (1) day to eight
(8) years or by a fine ranging
from Five hundred thousand The best remedy for those who are afraid, lonely or
pesos (P500,000.00) to One unhappy is to go utside, somewhere where they can be
million pesos (P1,000,000.00) or quiet, alone with the heavens, nature and God. Because
both, at the discretion of the only then does one feel that all is as it should be and
Court: Provided, further, That if that God wishes to see people happy, amidst the simple
the area requires rehabilitation beauty of nature.—Anne Frank
or restoration as determined by (G. Tapan, Callao Cave)
the Court, the offender shall also
be required to restore the same, whenever practicable, or compensate for the damage:
Provided, finally, That if the offender is a government employee, he or she shall like-
wise be removed from office.
SEC. 9. Administrative Confiscation and Conveyance—The Secretary shall order
the confiscation, in favor of the government of the cave resources gathered, collected,
removed, possessed or sold including the conveyances and equipment used in violation
of Section 7 hereof.
SEC. 10. Fees—Any money collected by the DENR as permit fees for collection
and removal of cave resources, as a result of the forfeiture of a bond or other security by a
permittee who does not comply with the requirements of such permit issued under this
Act or by way of fines for violations of this Act shall be remitted to the National Treasury.
134
CAVE MANAGEMENT ACT
SEC. 11. Implementing Rules and Regulations—The DENR shall, within six (6)
months from the effectivity of this Act, issue rules and regulations necessary to imple-
ment the provisions hereof.
SEC. 12. Appropriations—The amount necessary to carry out the provisions of
this Act shall be included in the General Appropriations Act of the year following its
enactment into law and thereafter.
SEC. 13. Separability Clause—If any provision of this Act is subsequently de-
clared unconstitutional, the remaining provisions shall remain in full force and effect.
SEC. 14. Repealing Clause—Presidential Decree No. 1726-A is hereby modified.
Treasure hunting in caves shall be governed by the provisions of this Act. Except Presi-
dential Decree No. 412 and Republic Act No. 4846, all other laws, decrees, orders and
regulations, or parts thereof, which are inconsistent with any of the provisions of this
Act are hereby repealed or amended accordingly.
SEC. 15. Effectivity—This Act shall take effect fifteen (15) days following its
publication in two (2) national newspapers of general circulation.
Approved: April 8, 2001.
135
LAND
Revised Forestry Code

Whereas, proper classification, management, and utilization of the lands of the
public domain to maximize their productivity to meet the demands of our increasing
population is urgently needed;
Whereas, to achieve the above
purpose, it is necessary to reassess
the multiple uses of forest lands and
resources before allowing any utili-
zation thereof to optimize the bene-
fits that can be derived therefrom;
Whereas, it is also imperative
to place emphasis not only on the
utilization thereof but more so on
the protection, rehabilitation and
development of forest lands, in order
to ensure the continuity of their
productive condition;
Whereas, the present laws and
regulations governing forest lands
are not responsive enough to support
reoriented government programs,
projects, and efforts on the proper
classification and delimitation of the
lands of the public domain, and the
management, utilization, protection,
rehabilitation, and development of
forest lands; “If a man walks in the woods for love of them half
Now, Therefore, I, Ferdinand of each day, he is in danger of being regarded as
E. Marcos, President of the a loafer. But if he spends his days as a specula-
tor, shearing off those woods and making the
Philippines, by virtue of the powers
earth bald before her time, he is deemed an in-
in me vested by the Constitution, do dustrious and enterprising citizen.” — Henry
hereby revise Presidential Decree David Thoreau
No. 389 to read as follows: (N. Oshima)
SECTION 1. Title—This
decree shall be known as the “Revised Forestry Code of the Philippines.”
SEC. 2. Policies—The State hereby adopts the following policies:
a. The multiple uses of forest lands shall be oriented to the development and pro-
gress requirements of the country, the advancement of science and technology, and the
public welfare;
136
REVISED FORESTRY CODE
b. Land classification and survey shall be systematized and hastened;

c. The establishment of wood-processing plants shall be encouraged and rational-
ized; and
d. The protection, development and rehabilitation of forest lands shall be empha-
sized so as to ensure their continuity in productive condition.
2
SEC. 3. Definition —
a. Public forest is the mass of lands of the public domain which has not been sub-
ject to the present system of classification for the determination of which lands are
needed for forest purposes and which are not.
b. Permanent forest or forest reserves refers 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.
c. Alienable or disposable lands refers 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.
d. Forest land includes the public forest, the permanent forest or forest reserves,
and forest reservations.
e. 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 live-
stock.
f. Mineral lands refers to those lands of the public domain which have been clas-
3
sified as such by the Secretary of Natural Resources in accordance with prescribed and
approved criteria, guidelines and procedure.
g. Forest reservations refer to forest lands which have been reserved by the
President of the Philippines for any specific purpose or purposes.
4
h. 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.
i. Game refuge or bird sanctuary refers to a forest land designated for the protec-
tion of game animals, birds and fish and closed to hunting and fishing in order that the
excess population may flow and restock surrounding areas.
_______________________
2
As amended by Sec. 1, P.D. No. 1559, 11 June 1978.
3
Now the Secretary of Environment and Natural Resources.
4
National Parks are now more extensively treated in the National Integrated Protected Ar-
eas Systems (NIPAS), Rep. Act No. 7586 (1992).
137
LAND
j. Marine park refers to

any public offshore area delimi-
ted as habitat of rare and unique
species of marine flora and
fauna.
k. Seashore park refers to
any public shore area delimited
for outdoor recreation, sports
fishing, water skiing and related
healthful activities.
l. Watershed reservation is
a forest land reservation estab-
lished to protect or improve the
conditions of the water yield
thereof or reduce sedimentation.
m. Watershed is a land
area drained by a stream or
fixed body of water and its tribu-
taries having a common outlet
for surface runoff.
n. Critical watershed is a
drainage area of a river system
supporting existing and proposed
hydroelectric power, irrigation
works or domestic water facilities “A man does not plant a tree for himself; he plants it
needing immediate protection or for posterity.” — Alexander Smith
rehabilitation. (N. Oshima)
o. Mangrove is a term applied to the type of forest occurring on tidal flat along
the sea coast, extending along stream where the water is brackish.
p. Kaingin refers to a portion of the forest land which is subjected to shifting
and/or permanent slash-and-burn cultivation.
q. Forest product means timber, pulpwood, firewood, bark, tree top, resin, gum,
wood, oil, honey, beeswax, 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.
r. Dipterocarp forest is a forest dominated by trees of the dipterocarp species,
such as red lauan, tanguile, tiaong, white lauan, almon, bagtikan, and mayapis of the
Philippine mahogany group, apitong and the yakals.
s. Pine forest is a forest type predominantly of pine trees.
138
t. Industrial tree plantation refers to any forest land extensively planted to tree
crops primarily to supply raw material requirements of existing or proposed wood proc-
essing plants and related industries.
u. Tree farm refers to any small forest land or tract of land purposely planted to
tree crops.
v. Agro-forestry is a sustainable management for land which increases overall
production, combines agriculture crops, tree crops and forest plants and/or animals
simultaneously or sequentially, and applies management practices which are compati-
ble with the cultural patterns of the local population.
w. Multiple-use is the harmonized utilization of the land, soil, water, wildlife, rec-
reation value, grass and timber of forest lands.
x. Selective logging is the systematic removal of the mature, over-mature and de-
fective trees in such manner as to leave adequate number and volume of healthy resid-
ual trees of the desired species necessary to assure a future crop of timber, and forest
cover for the protection and conservation of soil, water and wildlife.
y. Seed tree system is a silvicultural system characterized by partial clearcutting
leaving seed-trees to regenerate the area.
z. Healthy residual refers to a sound or slightly injured tree of the commercial
species left after logging.
aa. Sustained-yield management implies continuous or periodic production of for-
est products in a working unit for the purpose 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.
bb. Processing plant is any mechanical setup, device, machine or combination of
machines used for the conversion of logs and other forest raw materials into lumber,
veneer, plywood, fiberboard, blockboard, paper board, pulp, paper or other finished
wood products.
cc. Lease is a privilege granted by the State to a person to occupy and possess, in
consideration of specified rental, any forest land of the public domain in order to under-
take any authorized activity therein.
dd. License is a privilege granted by the State to a person to utilize forest re-
sources within 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.
ee. License agreement is a privilege granted by the State to a person to utilize for-
est 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 condi-
tions set forth in said agreement.
139
LAND
ff. Permit is short-term privilege or authority granted by the State to a person to

utilize any limited forest resources or undertake a limited activity within any forest
land without any right of occupation and possession therein.
gg. Annual allowable cut is the volume of materials, whether of wood or other
forest products, that is authorized to be cut yearly from a forest.
hh. Cutting cycle is the number of years between two major harvests in the same
working unit and/or region.
ii. Forest ecosystem refers to the living and non-living components of a forest and
their interaction.
jj. Silviculture is the establishment, development, reproduction and care of forest
trees.
kk. Rationalization is the organization of a business or industry using manage-
ment principles, systems and procedures to attain stability, efficiency and profitability
of operation.
ll. Forest officer means any official or employee of the Bureau who has been ap-
pointed or 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.
mm. Private right means or refers to titled rights of ownership under existing
laws, and in the case of national minority 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 exclude productive forest inclusive of
logged-over areas, commercial forests and established plantations of forest trees and
trees of economic values.
nn. Person includes natural as well as juridical person.
Chapter I
Organization and Jurisdiction of the Bureau
SEC. 4. Creation of, and Merger of All Forestry Agencies into the Bureau of For-
est Development—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 appropria-
tions, records, equipment, property and such personnel as may be necessary, are hereby
5
merged into a single agency to be known as the Bureau of Forest Development, herein-
after referred to as the Bureau.
_______________________
5
With the reorganization of the DENR by Executive Order No. 192 (1987), the Bureau of
Forest Development (BFD) has been renamed “Forest Management Bureau (FMB) and with the
functional shift from a line to a staff bureau. Enforcement and implementation of the line func-
tions are now delegated to the Regional Offices of the DENR.
140
SEC. 5. Jurisdiction of Bureau—The Bureau shall have jurisdiction and author-

ity 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.
SEC. 6. Director and Assistant Director and Their Qualifications — The Bureau
shall be headed by a Director, who shall be assisted by one or more Assistant Directors.
The Director and Assistant Directors shall be appointed by the President.
No person shall be appointed Director or Assistant Director of the Bureau unless
he is a natural born citizen of the Philippines, at least 30 years of age, a holder of at
least a Bachelor’s Degree in Forestry or its equivalent, and a registered forester.
SEC. 7. Supervision and Control —The Bureau shall be directly under the con-
trol and supervision of the Secretary of the Department of Natural Resources,’ hereinaf-
ter referred to as the Department Head.
SEC. 8. Review — All actions and decisions of the Director are subject to review,
motu proprio or upon appeal of any person aggrieved thereby, by the Department Head
whose decision shall be final and executory after the lapse of thirty (30) days from re-
ceipt by the aggrieved party of said decision, unless appealed to the President in accor-
dance with the Executive Order No. 19, series of 1966. The decision of the Department
Head may not be reviewed by the courts except through a special civil action for certio-
rari or prohibition.
SEC. 9. Rules and Regulations — The Department Head, upon the recommen-
dation of the Director of Forest Development, shall promulgate the rules and regula-
tions necessary to implement effectively the provisions of this Code.
7
SEC. 10. Creation of Functional Divisions and Regional and District Offices —
All positions in the merged agencies are considered vacant. Present occupants may be
appointed in accordance with a staffing pattern or plan of organization to be prepared
_______________________
7
This section has been rendered generally irrelevant with the reorganization of the
DENR/FMB by E.O. No. 192, s. 1987.
141
LAND
by the Director and approved by the Department Head. Any appointee who fails to
report for duty in accordance with the approved plan within thirty (30) days upon re-
ceipt of notification shall be deemed to have declined the appointment, in which case
the position may be filled by any other qualified applicant. For the efficient and effec-
tive implementation of the program of the Bureau, the following divisions and sections
are hereby created, to wit:
Divisions Sections
Planning and Program Planning;
Evaluation Division Performance Evaluation;
Forest Economics;
Management Analysi
Data and Information.
Administrative Division Personnel; Budget;
Accounting; Information;
General Services.
Legal Division
Reforestation and Cooperative Planting;
Afforestation Planting Stock Production;
Division Plantation Management.
Timber Management Forest Surveys, Data, and
Division Mapping; Silviculture;
Timber Inventory and
Photo-Interpretation;
Timber Management
Plans; Land Classification.
Utilization Division Timber Operations; Land
Uses; Utilization.
Forest Protection Forest Protection;
and Infrastructure Forest Occupancy
Management Watershed Management
Infrastructure
Parks, Range and Wildlife Parks Management;
Division Recreation Management;
Wildlife Management;
Range Management.
Security and Intelligence Division
Forest Development Technical Training
Training Center Non-Technical Training
142
The Department Head may, upon recommendation of the Director, reorganize or

create such other divisions, sections or units as may be deemed necessary and to ap-
point the personnel thereto: Provided, That an employee appointed or designated as
officer-in-charge of a newly created division, section or unit, or to an existing vacant
position with a higher salary, shall receive, from the date of such appointment or desig-
nation until he is replaced or reverted to his original position, the salary corresponding
to the position temporarily held by him.
There shall be created at least eleven (11) regional offices. In each region, there
shall be as many forest districts as may be necessary, in accordance with the extent of
forest area, established work loads, need for forest protection, fire prevention and other
factors, the provisions of any law to the contrary notwithstanding: Provided, That the
boundaries of such districts shall follow, whenever possible, natural boundaries of wa-
tersheds under the river-basin concept of management.
8
SEC. 11. Manpower and Policy Development—The Bureau shall establish and
operate an in-service training center for the purpose of upgrading and training its per-
sonnel and new employees.
The Bureau shall also set aside adequate funds to enable personnel to obtain spe-
cialized education and training in local or foreign colleges or institutions.
There shall be established in the College of Forestry, University of the Philippines
at Los Baños, in coordination with the Department of Natural Resources and the wood
industry, a Forestry Development Center which shall conduct basic policy researches in
forestry and develop or help develop an effective machinery for forestry policy formula-
tion and implementation. To help defray the cost of operating said Center, it is author-
ized to receive assistance from the wood industry and other sources.
SEC. 12. Performance Evaluation—The Bureau shall devise a system, to be ap-
proved by the Department Head, to evaluate the performance of its employees. The
system shall measure accomplishment in quantity and quality of performance as re-
lated to the funded program of work assigned to each organizational unit. There shall
be included a system of periodic inspection of district offices by the regional offices and
the regional and district offices by the Central Office in both functional fields and in the
overall assessment of how each administrative unit has implemented the laws, regula-
tions, policies, programs, and practices relevant to such unit. The evaluation system
shall provide the information necessary for annual progress reports and determination
of employee training, civil service awards and transfer or disciplinary action.
_______________________
8
143
LAND
Chapter II
Classification and Survey
SEC. 13. System of Land Classification—The department head shall study, de-
vise, determine, and prescribe the criteria, guidelines, and methods for the proper and
accurate classification and sur-
vey of all lands of the public do-
main into agricultural, indus-
trial or commercial, residential,
resettlement, mineral, timber or
forest, and grazing lands, and
into such other classes as now or
may hereafter be provided by
law, rules and regulations.
In the meantime, the de-
partment head shall simplify
through inter-bureau action the
present system of determining
which of the unclassified lands of
the public domain are needed for
forest purposes and declare them
as permanent forest to form part
of the forest reserves. He shall
declare those classified and de-
termined not to be needed for
forest purposes as alienable and
disposable lands, the adminis-
trative jurisdiction and manage-
ment of which shall be trans-
“Climb the mountains and get their good tidings. ferred to the Bureau of Lands:
Nature’s peace will flow into you as sunshine flows into Provided, That mangrove and
trees. The winds will blow their own freshness into other swamps not needed for
you...while cares will drop off like autumn leaves.”— shore protection and suitable for
John Muir fishpond purposes shall be
(N. Oshima) released to, and be placed under
the administrative jurisdiction and management of, the Bureau of Fisheries and
Aquatic Resources. Those still to be classified under the present system shall continue
to remain as part of the public forest.
9
SEC. 14. Existing Pasture Leases in Forest Lands.—Forest lands which are not
reservations and which are the subject of pasture leases shall be classified as grazing
_______________________
9
144
lands and areas covered by pasture permits shall remain forest lands until otherwise
classified under the criteria, guidelines and methods of classification to be prescribed by
the department head: Provided, That the administration, management, and disposition
of grazing lands shall remain under
the Bureau.
SEC. 15. Topography.—No
land of the public domain eighteen
percent (18%) in slope or over shall
be classified as alienable and dis-
posable, nor any forest land fifty
percent (50%) in slope or over, as
grazing land.
Lands eighteen percent (18%) in
slope or over which have already
been declared as alienable and dis-
posable shall be reverted to the clas-
sification of forestlands by the de-
partment head, to form part of the
forest reserves, unless they are al-
ready covered by existing titles or
approved public land application, or
actually occupied openly, continu-
ously, adversely and publicly for a
period of not less than thirty (30)
years as of the effectivity of this
Code, where the occupant is quali- “There is a way that nature speaks, that land
fied for a free patent under the speaks. Most of the time we are simply not patient
Public Land Act: Provided, That said enough, quiet enough, to pay attention to the
lands, which are not yet part of a story.” — Linda Hogan
well-established community, shall be (N. Oshima)
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.
SEC. 16. Areas Needed for Forest Purpose.—The following lands, even if they are
below eighteen percent (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;
145
LAND
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-of-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;
10. and Areas previously proclaimed by the President as forest reserves, national
parks, game refuge, bird sanctuaries, national shrines, national historic sites.
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 re-
quires, to have said title cancelled or amended, or the titled area expropriated.
10
SEC. 17. Establishment of Boundaries of Forest Lands.—All boundaries be-
tween permanent forests and alienable or disposable lands shall be clearly marked and
maintained on the ground, with infrastructure or roads, or concrete monuments at
intervals of not more than five hundred (500) meters in accordance with established
procedures and standards, or any other visible and practicable signs to ensure protec-
tion of the forest.
In all cases of boundary conflicts, reference shall be made to the Philippine Coast
and Geodetic Survey Topo map.
SEC. 18. Reservations in Forest Lands and Offshore Areas.—The President of
the Philippines may establish within any lands of the public domain, forest reserve and
forest reservation for the national park system, for preservation as critical watersheds,
or for any other purpose, and modify boundaries of existing ones. The department head
may reserve and establish any portion of the public forest or forest reserve as site or
experimental forest for use of the Forest Research Institute. When public interest re-
quires, offshore areas needed for the preservation and protection of educational, scien-
tific, historical, ecological and recreational values, including the marine life found
therein, shall be established as marine parks.
_______________________
10
146
Chapter III
Utilization and Management
11
SEC. 19. Multiple Use.—The numerous beneficial uses of the timber, land,
soil, water, wildlife, grass and recreation or aesthetic value of forest lands and grazing
lands shall be evaluated and weighted before allowing their utilization, exploitation,
occupation or possession thereof, or the conduct of any activity therein.
Only the utilization, exploitation, occupation or possession of any forest lands and
grazing lands, or any activity therein, involving one or more of its resources, which will
produce the optimum benefits to the development and progress of the country and the
public welfare, without impairment or with the least injury to its other resources, shall
be allowed.
All forest reservations may be open to development or uses not inconsistent with
the principal objectives of the reservation; Provided, That critical watersheds, national
parks and established experimental forests shall not be subject to commercial logging or
grazing operations, and game refuges, bird sanctuaries, marine and seashore parks
shall not be subject to hunting or fishing and other activities of commercial nature.
12
SEC. 20. License Agreement, License, Lease, or Permit.—No person may util-
ize, exploit, occupy, possess or conduct any activity within any forest and grazing land,
or establish, install, add and operate any wood or forest products processing plant,
unless he had been authorized to do so under a license agreement, license, lease or
permit: Provided, That when the national interest so requires, the President may
amend, modify, replace, or rescind any contract, concession, permit, license, or any
other form of privilege granted herein: Provided, further, That upon the recommenda-
tion of the appropriate government agency, the President may, pending the conduct of
appropriate hearing, order the summary suspension of any such contract, concession,
license, permit, lease or privilege granted under this decree for violation of any of the
conditions therein such as those pertaining but not limited to reforestation, pollution,
environmental protection, export limitation or such conditions as are prescribed by the
Secretary of Environment and Natural Resources in daily issued regulations.
SEC. 21. Sustained Yield.—All measures shall be taken to achieve an approxi-
mate balance between growth and harvest or use of forest products in forest lands.
A. Timber
13
SEC. 22. Silvicultural and Harvesting System—In any logging operation in
production forests within forest lands, the proper silvicultural and harvesting system
that will promote optimum sustained yield shall be practiced, to wit:
_______________________
11
12
13
147
LAND
a. For dipterocarp forest, selective logging with enrichment or supplemental

planting when necessary.
b. For pine mangrove forest, the seed tree system with planting when necessary.
Provided, That subject to
the approval of the Department
Head, upon recommendation of
the Director, any silvicultural
and harvesting system that may
be found suitable as a result of
research may be adopted: Provi-
ded, further, That no authorized
person shall cut, harvest or gat-
her any timber, pulpwood, or
other products of logging unless
he plants three times of the
same variety for every tree cut
or destroyed by such logging or
removal of logs. Any violation of
this provision shall be sufficient
ground for the immediate cancel-
lation of the license, agreement,
lease or permit.
SEC. 23. Timber Inven- “On every stem, on every leaf... and at the root of everything
tory—The Bureau shall conduct that grew, was a professional specialist in the shape of grub,
caterpillar, aphis, or other expert, whose business it was to
a program of progressive inven- devour that particular part.”—Oliver Wendell Holmes
tories of the harvestable timber
(Digital Vision)
and young trees in all forest
lands, whether covered by any license agreement, license, lease or permit, or not, until a
one hundred percent (100%) timber inventory thereon has been achieved.
SEC. 24. Required Inventory Prior to Timber Utilization in Forest Lands—No
harvest of timber in any forest land shall be allowed unless it has been the subject of at
least a five percent (5%) timber inventory, or any statistically sound timber estimate,
made not earlier than five (5) years prior to the issuance of a license agreement or li-
cense allowing such utilization.
SEC. 25. Cutting Cycle—The Bureau shall apply scientific cutting cycle and ro-
tation in all forest lands, giving particular consideration to the age, volume and kind of
healthy residual trees which may be left undisturbed and undamaged for future harvest
and forest cover indipterocarp area, and seed trees and reproduction in pine area.
14
SEC. 26. Annual Allowable Cut—The annual allowable cut or harvest of any
particular forest land under a license agreement, license, lease or permit shall be de-
_______________________
14
148
termined on the basis of the size of the area, the volume and kind of harvestable timber
or, forest products and healthy residuals, seed trees and reproduction found therein,
and the established cutting cycle and rotation thereof.
No person shall cut, harvest, and gather any particular timber, pulpwood, fire-
wood, and other forest products unless he has been authorized under Section 20 hereof
to do so and the particular annual allowable cut thereof has been granted.
In the public interest and in
accordance with Section 21 hereof,
the Department Head shall review
all existing annual allowable cut
and thereupon shall prescribe the
level of annual allowable cut for
the common dipterocarp timber,
softwood and hardwood timber
cutting of which is not prohibited,
pulpwood, firewood and other for-
est products using as bases the
factors as well as the updated
aerial photographs and field inven-
tories of such forest land: Provided,
That pending the completion of
such review and appropriate
amendment of the annual allow-
able cut in existing license agree-
ment, license, lease or permit,
existing annual allowable cut that
not sufficiently supports wood or
forest products processing expan-
sion program or new processing
plant or that will support duly
approved processing projects may
be allowed to continue without
change: Provided, further, That no
additional or adjustment in annual
allowable cut shall be made until
after such a review has been made.
“The supernatural is the natural not yet under- SEC. 27. Duration of Li-
stood.” — Elbert Hubbard cense Agreement or License to Har-
(N. Oshima) vest Timber in Forest Lands.—The
duration of the privilege to harvest
timber in any particular forest land under a license agreement or license shall be fixed
and determined in accordance with the annual allowable cut therein, the established
149
LAND
cutting cycle thereof, the yield capacity of harvestable timber, and the capacity of
healthy residuals for second growth.
The privilege shall automatically terminate, even before the expiration of the li-
cense agreement or license, the moment the harvestable timber has been utilized with-
out leaving any logged-over area capable of commercial utilization.
The maximum period of any privilege to harvest timber is twenty-five (25) years,
renewable for a period, not exceeding twenty-five (25) years, necessary to utilize all the
remaining commercial quantity or harvestable timber either from the unlogged or
logged-over area.
It shall be a condition for the continued privilege to harvest timber under any li-
cense or license agreement that the licensee shall reforest all the areas which shall be
determined by the Bureau.
SEC. 28. Size of Forest Concessions—Forest lands shall not be held in perpetuity.
The size of the forest lands which may be the subject of timber utilization shall be
limited to that which a person may effectively utilize and develop for a period of fifty
(50) years, considering the cutting cycle, the past performance of the applicant and his
capacity not only to utilize but, more importantly, to protect and manage the whole
area, and the requirements of processing plants existing or to be installed in the region.
Forest concessions which have been the subject of consolidations shall be reviewed
and re-evaluated for the effective implementation of protection, reforestation and man-
agement thereof under the multiple use and sustained yield concepts, and for the proc-
essing locally of the timber resources therefrom.
B. Wood Processing
SEC. 29. Incentives to the Wood Industry.—The Department Head, in collabora-

tion with other government agencies and the wood industry associations and other
private entities in the country, shall evolve incentives for the establishment of an inte-
grated wood industry in designated wood industry centers and/or economic area.
The President of the Philippines, upon the recommendations of the National Eco-
nomic Development Authority and the Department Head, may establish wood industry
import-export centers in selected locations: Provided, That logs imported for such cen-
ters shall be subject to such precaution as may be imposed by the Bureau, in collabora-
tion with proper government agencies, to prevent the introduction of pests, insects
and/or diseases detrimental to the forests.
15
SEC. 30. Rationalization of the Wood or Forest Products Industry.—While the
expansion and integration of existing wood or forest products processing plants, as well
as the establishment of new processing plants shall be encouraged, their locations and
operations shall be regulated in order to rationalize the whole industry.
_______________________
15
150
No expansion or integration of an existing processing plant nor establishment of a

new processing plant shall be allowed unless environmental considerations are taken
into account and adequate raw material supply on a sustained-yield basis is assured.
A long-term assurance of raw material source from forest concessions and/or from
industrial tree plantations, tree farms or agro-forest farms whose annual allowable cut
and/or whose harvest is deemed sufficient to meet the requirement of such processing
plant shall govern, among others, the grant of the privilege to establish, install addi-
tional capacity or operate a processing plant.
Henceforth within one year from the date of this law, as a condition to the exercise
of the privileges granted them under a license agreement, license, lease or permit, wood
or forest products processors without forest concessions or areas that may be developed
into industrial tree plantations, tree farms or agro-forest farms and licensees, lessees or
permittees without processing plants shall jointly adopt any feasible scheme or
schemes, other than log supply contract, for the approval of the Department Head: Pro-
vided, That no license agreement, license, lease, or permit, including processing plant
permit, shall be granted or renewed unless said scheme or schemes are submitted to,
and approved by the Department Head.
All processing plants existing, to be expanded, to be integrated, or to be estab-
lished shall obtain operating permits, licenses, and/or approval from the Bureau or the
Department, as the case may be, and shall submit themselves to other regulations re-
lated to their operation.
The Department Head may cancel, suspend, or phase out all inefficient, wasteful,
uneconomical, or perennially short in raw material wood or forest products processing
plants which are not responsible to the rationalization program of the government.
SEC. 31. Wood Wastes, Weed Trees, and Residues—Timber licensees shall be en-
couraged and assisted to gather and save the wood wastes and weed trees in their con-
cessions, and those with processing plants, the wood residues thereof, for utilization and
conversion into wood by-products and derivatives.
16 17
SEC. 32. Log Production and Processing —Unless otherwise directed by the
President, upon recommendation of the Department Head, the entire production of logs
by all timber licensees shall, beginning January 1, 1976 be processed locally: Provided,
That the following conditions must be complied with by those who apply for them to be
allowed to export a portion of their log production to be determined by the Department
Head such that the total log export of these timber licensees shall not exceed twenty-
five percent (25%) of the total national allowable cut:
_______________________
16
Amended by P.D. No. 865, 29 December 1975 and further amended by Sec. 2, P.D. No.
1559, 11 June 1978.
17
The export of new logs has been prohibited since 6 May 1988, by virtue of DAO 33-88
(1988). Likewise, the export of lumber is prohibited by DENR A.O. 19-89, 17 March 1989. In 1998,
attempt, DAO-98-11 (attempted), to lift the ban on the export of lumber. It was met with such
public outcry that the President of the Philippines had to suspend its effectivity indefinitely.
151
LAND
1. Timber licensees with existing viable processing plants or

2. Timber licensees with processing projects duly approved by the Department
Head or
3. Timber licensees who have acquired viable processing machinery and equip-
ment which will be installed and will become operational in accordance with the sched-
ule approved by the Department Head; and
4. Timber licensees whose log export support is in line with government-
approved trade agreement:
Provided, further, that no person
shall be given a permit to export if he has
not complied with the requirements on
replanting and reforestation. Provided,
That the President may, upon re-
commendation of the Department Head,
whenever the export price of logs falls to
unreasonably low level or whenever pub-
lic interest so requires, cancel log expor-
tation or reduce the maximum allowable
proportion for log exports.
All timber licensees who have no
processing plant and who have no plan to
establish the same shall, jointly with
wood processors, adopt a scheme or sche-
mes for the processing of the log pro-
duction in accordance with Section 30
hereof.
C. Reforestation
“The more we exploit nature, The more our 18

SEC. 33. Lands to Be Reforested
options are reduced, until we have only one:
to fight for survival.”— Morris K. Udall and/or Afforested.—Lands to be
reforested and/or afforested are as
(A. Oposa)
follows:
1. Public forest lands
a. Bare or grass-covered tracts of forest lands;
b. Brushlands or tracts of forest lands generally covered with brush, which
need to be developed to increase their productivity;
c. Open tracts of forest lands interspersed with patches of forest;
_______________________
18
152
d. Denuded or inadequately timbered areas proclaimed by the President as

forest reserves and reservations as critical watersheds, national parks, game ref-
uge, bird sanctuaries, national shrines, national historic sites;
e. Inadequately stocked forest lands within forest concessions;
f. Portions of areas covered by pasture leases or permits needing immediate
reforestation;
g. River banks, easements, road rights-of-way, deltas, swamps, former river
beds, and beaches.
2. Private Lands
a. Portions of private lands required to be reforested or planted to trees
19
pursuant to Presidential Decree Nos. 953 and 1153 and other existing laws.
20
SEC. 34. Industrial Tree Plantations, Tree Farms, and Agro-Forestry Farms.—
A lease for a period of fifty (50) years for the establishment of an industrial tree planta-
tion, tree farm or agro-forestry farm, may be granted by the Department Head, upon
recommendation of the Director, to any person qualified to develop and exploit natural
resources, over timber or forest lands of the public domain categorized in Section 33 (1)
hereof except those under paragraphs (d) and (g) with a minimum area of one hundred
(100) hectares for industrial tree plantations and agro-forestry farms and ten (10) hec-
tares for tree farms: Provided, That the size of the area that may be granted under each
category shall, in each case, depend upon the capability of the lessee to develop or con-
vert the area into productive condition within the term of the lease.
The lease may be granted under such terms and conditions as the Department
Head may prescribe, taking into account, among others, the raw material needs of for-
est based and other industries and the maintenance of a wholesome ecological balance.
Trees and other products raised within the industrial tree plantation, tree farm, or
agro-forestry farm belong to the lessee who shall have the right to sell, contract, convey,
or dispose of said planted trees and other products in any manner he sees fit, in accor-
dance with existing laws, rules and regulations.
Reforestation projects of the government, or portions thereof, which, upon field
evaluation, are found to be more suitable for, or can better be developed as industrial
tree plantations, tree farms or agro-forestry farms, in terms of benefits to the Govern-
ment and the general surrounding area, may be the subject of a lease under this sec-
tion.
21
SEC. 35. Priority.—Over any suitable area covered by a timber license agree-
ment or permit, the priority to establish industrial a tree plantation, tree farm, or agro-
_______________________
19
P.D. 1153 was repealed by E.O. No. 287, s. 1987.
20
21
As amended by Sec.3, P.D. No. 1559, 11 June 1978.
153
LAND
forestry farm shall be given to the holder thereof after the Bureau has determined the
suitability of such and has set aside the same for the purpose.
The priority herein granted must, however, be availed of within a reasonable pe-
riod otherwise the area shall be declared open to any qualified person and consequently
segregated from the licensee’s or permittee’s area.
Priority shall also be given to the establishment of communal industrial tree plan-
tations by barangays, municipalities or cities and provinces.
22
SEC. 36. Incentives.—To encourage qualified persons to engage in industrial
tree plantation, tree farm, and/or agro-forest farm, the following incentives are granted:
a. Payment of a nominal filing fee of fifty centavos (P0.50) per hectare.
b. No rental shall be collected during the first five (5) years from the date of the
lease; from the sixth year to the tenth year, the annual rental shall be Fifty Centavos
(P0.50) per hectare; and thereafter, the annual rental shall be One Peso (P1.00) per
hectare: Provided, That lessees of areas long denuded, as certified by the director and
approved by the department head, shall be exempted from the payment of rental for the
full term of the lease which shall not exceed twenty-five (25) years; for the first five (5)
years following the renewal of the lease, the annual rental shall be Fifty Centavos
(P0.50) per hectare; and thereafter, the annual rental shall be One Peso (P1.00) per
hectare: Provided, further, That notwithstanding the foregoing, no rental shall be col-
lected from a lessee who, upon verification by the Bureau, substantially meets the
schedule of development of the industrial tree plantation, the tree farm, or agro-forestry
farm, as the case may be, as prescribed in the development plan submitted to and ap-
proved by the Ministry Head, upon recommendation of the director;
c. The forest charges payable by a lessee on the timber and other forest products
grown and cut or gathered in an industrial tree plantation, tree farm, or agro-forestry
farm shall only be twenty-five percent (25%) of the regular forest charges prescribed in
23
the National Internal Revenue Code;
d. Exemption from the payment of the percentage tax levied in Title V of the Na-
tional Internal Revenue Code when the timber and
Woodman spare that tree!
forest products are sold, bartered or exchanged by
Touch not a single bough!
the lessee, whether in their original state or not, as In youth it sheltered me,
well as exemption from all forms of sales tax, local And I’ll protect it now.
and municipal taxes, and from the real property tax
George Pope Morris
under the provisions of Presidential Decree No. 853;
e. A lessee shall not be subject to any obligation prescribed in, or arising out of,
the provisions of the National Internal Revenue Code on withholding of tax at source
upon interest paid on borrowings incurred for development and operation of the indus-
trial tree plantation, tree farm, or agro-forestry farm;
_______________________
22
23
See Secs. 68-77 of this revised Forestry Code.
154
f. Except when public interest demands, the boundaries of an area covered by an

industrial tree plantation, tree farm, or agro-forestry farm lease, once established on
the ground, shall not be altered or modified;
g. Amounts expended by a lessee in the development and operation of an indus-
trial tree plantation, tree farm, or agro-forestry farm prior to the time when the produc-
tion state is reached, may, at the option of the lessee, be regarded as ordinary and nec-
essary business expenses or as capital expenditures;
h. The Board of Investments shall, notwithstanding its nationality requirement
on projects involving natural resources, classify industrial tree plantations, tree farms,
and agro-forestry farms as pioneer areas of investment under its annual priority plan,
to be governed by the rules and regulations of said Board;
In addition to the incentives under this Section, private landowners who engage in
tree farming on areas fifty hectares or below by planting their lands with ipil-ipil and
other fast growing trees shall be exempt from the inventory requirement and other
requirements before harvest as provided in this Decree for lessees of forest lands of the
public domain: Provided, That the transport of trees cut shall be accompanied by the
24
corresponding certificate of origin duly issued by the authorized forest officer.
i. Approved industrial tree plantations, tree farms, and agro-forestry farms shall
be given priority in securing credit assistance from the government and government-
supported financing institutions which shall set aside adequate funds for lending to the
lessee and/or investor at reasonable interest rates;
j. The lessee and its field employees and workers shall be exempted from the pro-
25
visions of Presidential Decree No.1153;
k. Government institutions administering or financing programs and projects re-
quiring wood materials shall specify the purchase of, or utilize, manufactured products
derived from trees grown and harvested from industrial tree plantations, tree farms, or
agro-forestry farms, whenever possible;
l. No wood, wood products, or wood-derivated products including pulp, paper, and
paperboard shall be imported if the same are available in required quantities and rea-
sonable prices, as may be certified by the Department Head, from artificial or man-
made forests, or local processing plants manufacturing the same;
m. No processing plant of whatever nature or type, made of, or utilizing, wood as
primary materials shall be allowed to be established, expanded or integrated, and oper-
ated without a long-term assurance of raw material source from forest concessions
and/or from industrial tree plantations, tree farms or agro-forestry farms in accordance
with Section 30 hereof;
_______________________
24
As added by B.P. Blg. 701, 5 April 1984.
25
P.D. No. 1153 was repealed by B.P. Blg. 701, 5 April 1984.
155
LAND
n. Timber grown and harvested from industrial tree plantations, tree and agro-
forestry farms may be exported without restriction in quantity or volume, and if the
exporter is the same person or firm qualified and allowed to export logs under the pro-
visions of this Decree, such
timber from plantations/farms
may be exported exclusive of
the quantity or volume autho-
rized under Section 32 hereof:
Provided, That the rentals on
the forest land and the forest
charges on the plantation
timber shall have been paid:
Provided, further, That the ex-
port of the plantation timber
shall be covered by a certifi-
cate to export issued by the
Department Head on a yearly
basis; Provided, finally, That
the Department Head may at
any time review the expor-
tation of timber harvested
from the plantations/farms
and either reduce or totally
suspend the export of such
plantation timber whenever
public interest so requires; and
o. Free technical advice
from government foresters and “Never does nature say one thing and wisdom another.”
farm technicians. — Juvenal, Satires
(G. Tapan)
The Department Head
may provide other incentives in addition to those hereinabove granted to promote in-
dustrial tree plantations, tree farms and agro-forestry farms in special areas such as,
but not limited to, those where there are no roads or where roads are inadequate, or
areas with rough topography and remote areas far from processing plants.
D. Forest Protection
SEC. 37. Protection of All Resources.—All measures shall be taken to protect the
forest resources from destruction, impairment, and depletion.
SEC. 38. Control of Concession Area—In order to achieve the effective protection
of the forest lands and the resources thereof from illegal entry, unlawful occupation,
kaingin, fire, insect infestation, theft, and other forms of forest destruction, the utiliza-
tion of timber therein shall not be allowed except through license agreements under
156
which the holders thereof shall have the exclusive privilege to cut all the allowable
harvestable timber in their respective concessions, and the additional right of occupa-
tion, possession, and control over the same, to the exclusive of all others, except the
government, but with the corresponding obligation to adopt all the protection and con-
servation measures to ensure the continuity of the productive condition of said areas,
conformably with multiple use and sustained yield management.
If the holder of a license agreement over a forest area expressly or impliedly
waives the privilege to utilize any softwood, hardwood or mangrove species therein, a
license may be issued to another person for the harvest thereof without any right of
possession or occupation over the areas where they are found, but he shall, likewise,
adopt protection and conservation measures consistent with those adopted by the li-
cense agreement holder in the said areas.
SEC. 39. Regulation of Timber Utilization in All Other Classes of Lands and of
Wood-Processing Plants.—The utilization of timber in alienable and disposable lands,
private lands, civil reservations, and all lands containing standing or felled timber,
including those under the jurisdiction of other government agencies, and the establish-
ment and operation of sawmills and other wood-processing plants, shall be regulated in
order to prevent them from being used as shelters for excessive and unauthorized har-
vests in forest lands, and shall not therefore be allowed except through a license agree-
ment, license, lease, or permit.
SEC. 40. Timber Inventory in Other Lands Containing Standing or Felled Tim-
ber.—The Bureau shall conduct a one hundred percent (100%) timber inventory in
alienable and disposable lands and civil reservations immediately upon classification or
reservation thereof.
No harvest of standing or felled timber in alienable and disposable lands, private
lands, civil reservation, and all other lands, including those under the jurisdiction of
other government agencies, shall be allowed unless a one hundred percent (100%) tim-
ber inventory has been conducted thereon.
SEC. 41. Sworn Timber Inventory Reports.—All reports on timber inventories of
forest lands, alienable and disposable lands, private lands, civil reservations, and all
lands containing standing or felled timber must be subscribed and sworn to by all the
forest officers who conducted the same.
SEC. 42. Participation in the Development of Alienable and Disposable Lands
and Civil Reservations—The privilege to harvest timber in alienable and disposable
lands and civil reservations shall be given to those who can best help in the delineation
and development of such areas in accordance with the management plan of the appro-
priate government exercising jurisdiction over the same.
The extent of participation shall be based on the amount of timber which may be
harvested therefrom.
157
LAND
SEC. 43. Swamplands and Mangrove Forests.—Strips of mangrove forest bor-

dering numerous islands which protect the shoreline, the shoreline roads, and even
coastal communities from the destructive force of the sea during high winds and ty-
phoons, shall be maintained and shall not be alienated. Such strips must be kept free
from artificial obstruction so that flood water will flow unimpeded to the sea to avoid
flooding or inundation of cultivated areas in the upstream.
All mangrove swamps set aside for coast-protection purposes shall not be subject
to clear-cutting operation.
Mangrove and other swamps released to the Bureau of Fisheries and Aquatic Re-
sources for fishpond purposes which are not utilized, or which have been abandoned for
five (5) years from the date of such release shall revert to the category of forest land.
SEC. 44. Visitorial Power.—The Department Head may, by himself or through
the Director or any qualified person duly designated by the Department Head, investi-
gate, inspect and examine records, books and other documents relating to the operation
of any holder of a license agreement, license, lease, or permit, and its subsidiary or
affiliated companies, to determine compliance with the terms and conditions thereof,
this Code and pertinent laws, policies, rules and regulations.
SEC. 45. Authority of Forest Officers.—When in the performance of their official
duties, forest officers or other government officials or employees duly authorized by the
Department Head or Director shall have free entry into areas covered by a license
agreement, license, lease, or permit.
Forest officers are authorized to administer oath and take acknowledgment in offi-
cial matters connected with the functions of their office, and to take testimony in official
investigations conducted under the authority of this Code and the implementing rules
and regulations.
SEC. 46. Scaling Stations.—In collaboration with appropriate government agen-
cies, the Bureau shall establish control or scaling stations at suitably located outlets of
timber and other forest products to insure that they were legally cut or harvested.
SEC. 47. Mining Operations.—Mining operations in forest lands shall be regu-
lated and conducted with due regard to protection, development and utilization of other
surface resources.
Location, prospecting, exploration, utilization or exploitation of mineral resources
in forest reservations shall be governed by mining laws, rules and regulations. No loca-
tion, prospecting, exploration, utilization, or exploitation of mineral resources inside
forest concessions shall be allowed unless proper notice has been served upon the licen-
sees thereof and the prior approval of the Director, secured.
Mine tailings and other pollutants affecting the health and safety of the people,
water, fish, vegetation, animal life and other surface resources, shall be filtered in silt
traps or other filtration devices and only clean exhausts and liquids shall be released
therefrom.
158
Surface-mined areas shall be restored to as near its former natural configuration

or as approved by the Director prior to its abandonment by the mining concern.
SEC. 48. Mineral Reservations.—Mineral reservations which are not the subject
of mining operations or where mining operations have been suspended for more than
five (5) years shall be placed under forest management by the Bureau.
Mineral reservations where mining operations have been terminated due to the
exhaustion of its minerals shall revert to the category of forest land, unless otherwise
reserved for other purposes.
SEC. 49. Roads and Other Infrastructure.—Roads and other infrastructure in
forest lands shall be constructed with the least impairment to the resource values
thereof. Government agencies undertaking the construction of roads, bridges, commu-
nications, and other infrastructure and installations inside forest lands, shall coordi-
nate with the Bureau, especially if it will involve the utilization or destruction of timber
and/or other forest resources, or watershed disturbance therein, in order to adopt meas-
ures to avoid or reduce damage or injury to the forest resource values.
They shall likewise extend assistance in the planning and establishment of roads,
wharves, piers, port facilities, and other infrastructure in locations designated as wood-
processing centers or for the convenience of wood-based industries.
In order to coincide and conform to government plans, programs, standards, and
specifications, holders of license agreements, licenses, leases and permits shall not un-
dertake road or infrastructure construction or installation in forest lands without the
prior approval of the Director, or in alienable and disposable lands, civil reservations
and other government lands, without the approval of the government agencies having
administrative jurisdiction over the same.
All roads and infrastructure constructed by holders of license agreements, licenses,
leases, and permits belong to the State and the use and administration thereof shall be
transferred to the government immediately upon the expiration or termination thereof.
Prior thereto the Bureau may authorize the public use thereof, if it will not be detri-
mental to forest conservation measures.
Where roads are utilized by more than one commercial forest user, the Bureau
shall prescribe the terms and conditions of joint use including the equitable sharing of
construction and/or maintenance costs, and of the use of these roads by other parties
and the collection of such fees as may be deemed necessary.
SEC. 50. Logging Roads.—There shall be no indiscriminate construction of log-
ging roads.
Such roads shall be strategically located and their widths regulated so as to mini-
mize clear-cutting, unnecessary damage or injury to healthy residuals, and erosion.
Their construction must not only serve the transportation need of the logger but, most
importantly, the requirement to save as many healthy residuals as possible during
cutting and hauling operations.
159
LAND
SEC. 51. Management of Occupancy in Forest Lands.—Forest occupancy shall

henceforth be managed. The Bureau shall study, determine and define which lands may
be the subject of occupancy and prescribed therein, an agro-forestry development pro-
gram.
Occupants shall undertake measures to prevent and protect forest resources.
Any occupancy in forest land which will result in sedimentation, erosion, reduction
in water yield, and impairment of other resources to the detriment of community and
public interest shall not be allowed.
In areas above 50 percent in slope, occupation shall be conditioned upon the plant-
ing of desirable trees thereon and/or adoption of other conservation measures.
“To me a lush carpet of pine needles or spongy grass is more welcome than the most luxu-
rious Persian rug.” — Helen Keller
(M. Velas)
SEC. 52. Census of Kaingineros, Squatters, Cultural Minorities, and Other Oc-
cupants and Residents in Forest Lands.—Henceforth, no person shall enter into forest
lands and cultivate the same without lease or permit.
A complete census of kaingineros, squatters, cultural minorities, and other occu-
pants and residents in forest lands with or without authority or permits from the gov-
ernment, showing the extent of their respective occupation and resulting damage, or
impairment of forest resources, shall be conducted.
160
The Bureau may call upon other agencies of the government and holders of license
agreement, license, lease, and permit over forest lands to participate in the census.
26
SEC. 53. Criminal Prosecution.—Kaingineros, squatters, cultural minorities
and other occupants who entered into forest lands and grazing lands before May 19,
1975, without permit or authority, shall not be prosecuted: Provided, That they do not
increase their clearings: Provided, further, That they undertake, within two (2) months
from notice thereof, the activities to be imposed upon them by the Bureau in accordance
with management plan calculated to conserve and protect forest resources in the area;
Provided, finally, That kaingineros, squatters, cultural minorities and other occupants
shall whenever the best land use of the area so demands as determined by the Director,
be ejected and relocated to the nearest accessible government resettlement area.
E. Special Uses
SEC. 54. Pasture in Forest Lands.—No forest land 50 percent in slope or over
may be utilized for pasture purposes.
Forest lands which are being utilized for pasture shall be maintained with suffi-
cient grass cover to protect soil, water, and other forest resources.
If grass cover is insufficient, the same shall be supplemented with trees or such
vegetative cover as may be deemed necessary.
The size of forest lands that may be allowed for pasture and other special uses
shall be determined by rules and regulations, any provision of law to the contrary not-
withstanding.
27
SEC. 55. Wildlife.—All measures shall be adopted to conserve wildlife. The Di-
rector shall regulate the hunting of wildlife in forest lands in order to maintain an eco-
logical balance of flora and fauna.
SEC. 56. Recreation.—The Bureau shall, in the preparation of multiple-use
management plans, identify and provide for the protection of scenic areas in all forest
lands which are potentially valuable for recreation and tourism, and plan for the devel-
opment and protection of such areas to attract visitors thereto and meet increasing
demands therefore.
The construction and operation of necessary facilities to accommodate outdoor rec-
reation shall be done by the Bureau with the use of funds derived from rentals and fees
for the operation and use of recreational facilities by private persons or operators, in
addition to whatever funds may be appropriated for such purposes.
SEC. 57. Other Special Uses of Forest Lands.—Forest lands may be leased for a
period not exceeding twenty-five (25) years, renewable upon the expiration thereof for a
similar period, or held under permit, for the establishment of sawmills, lumber yards,
_______________________
26
27
161
LAND
timber depots, logging camps, rights-of-way, or for the construction of sanatoria, bath-
ing establishments, camps, salt works, or other beneficial purposes which do not in any
way impair the forest resources therein.
F. Qualifications
SEC. 58. Diffusion of Benefits.—The privilege to utilize, exploit, occupy, or possess
forest lands, or to conduct any activity therein, or to establish and operate wood-processing
plants, shall be diffused to as many qualified and deserving applicants as possible.
SEC. 59. Citizenship.—In the evaluation of applications of corporations, in-
creased Filipino equity and participation beyond the 60 percent (60%) constitutional
limitation shall be en-
couraged. All other factors
being equal, the applicant
with more Filipino equity
and participation shall be
preferred.
SEC. 60. Financial
and Technical Capabi-
lity.—No license agree-
ment, license, lease, or
permit over forest lands
shall be issued to an ap-
plicant unless he proves
satisfactorily that he has
the financial resources and
technical capability not
only to maximize utiliza- “Behold this and always love it! It is very sacred, and you
tion, but also to practice must treat it as such...”— Sioux Indian
forest protection, conser- (M. Velas)
vation, and development
measures to ensure the perpetuation of said forest in productive condition.
28
SEC. 61. Transfers.—Unless authorized by the department head, no licensee,
lessee, or permittee may transfer, exchange, sell, or convey his license agreement, li-
cense, lease or permit, or any of his rights or interests therein, or any of his assets used
in connection therewith.
The licensee, lessee, or permittee shall be allowed to transfer or convey his license
agreement, license, lease or permit only if the license, lease or permit has been in exis-
tence for at least three (3) years; the licensee, lessee or permittee has not violated any
forestry law, rule or regulation and has been faithfully complying with the terms and
conditions of the license agreement, license, lease or permit; the transferee has all the
_______________________
28
162
qualifications and none of the disqualifications to hold a license agreement, license, lease
or permit; there is no evidence that such transfer or conveyance is being made for pur-
poses of speculation; and the transferee shall assume all the obligations of the transferor.
As used in this section, the term assets shall not include cattle and other live-
stocks or animals raised in grazing lands and forest lands, and planted trees and other
products raised in industrial tree plantations, tree farms and agro-forestry farms.
SEC. 62. Service Contracts.—The Department Head, may in the national inter-
est, allow forest products licensees, lessees, or permittees to enter into service contracts
for financial, technical, management, or other forms of assistance, in consideration of a
fee, with any foreign person or entity for the exploration, development, exploitation or
utilization of the forest resources, covered by their license agreements, licenses, leases
or permits. Existing valid and binding service contracts for financial, technical, man-
agement or other forms of assistance are hereby recognized as such.
29
SEC. 63. Equity Sharing.—Every corporation holding a license agreement, li-
cense, lease, or permit to utilize, exploit, occupy, or possess any forest land, or conduct
any activity therein, or establish and operate a wood-processing plant, shall within one
(1) year after the effectivity of this amendatory Decree, formulate and submit to the
Department Head for approval a plan for the sale of at least ten percent (10%) of its
subscribed capital stock in favor of employees, laborers, and the general public.
The plan shall be so implemented that the sale of the shares of stocks shall be ef-
fected by the corporation not later than the sixth year of its operation, or the first year
of effectivity of the amendatory Decree, if the corporation has been in operation for more
that five (5) years prior to such effectivity.
No corporation shall be issued any license agreement, license, lease or permit after
the effectivity of his amendatory Decree, unless it submits such a plan and the same is
approved for implementation within the sixth year of its operation.
The Department Head shall promulgate the necessary rules and regulations to
carry out the provisions of this section, particularly on the determination of the manner
of payment, factors affecting the selling price, establishment of priorities in the pur-
chase of the shares of stock, and the preparation of a fund to ensure the financial capa-
bility of the deserving employees and laborers. The industries concerned shall extend all
assistance in the promulgation of policies on the matter, such as the submission of all
data and information relative to their operation, personnel management and asset
evaluation.
G. Regulatory Fees
SEC. 64. Charges, Fees, and Bonds.—The Department Head, upon recommenda-
tion of the Director, shall fix the amount of charges, rental, bonds, and fees for the dif-
ferent kinds of utilization, exploitation, occupation, possession, or activity inside forest
_______________________
29
163
LAND
lands, the filing and processing of applications therefore, the issuance and renewal of
license agreements, licenses, leases and permits, and for other services: Provided, That
all fees and charges presently being collected under existing laws and regulations shall
continue to be imposed and collected until otherwise provided: Provided, further, That
timber taken and removed from private lands for commercial purposes shall be exempt
from the payment of forest charges.
SEC. 65. Authority of Department Head to Impose Other Fees.—In addition to
the fees and charges imposed under existing laws, rules and regulations, the Depart-
ment Head is hereby authorized, upon recommendation of the Director and in consulta-
tion with representatives of the industries affected, to impose other fees for forest pro-
tection, management, reforestation, and development, the proceeds of which shall ac-
crue into a special deposit of the Bureau as its revolving fund for the aforementioned
30
purposes.
SEC. 66. Collection and Disbursement.—The collection of the charges and fees
above-mentioned shall be the responsibility of the Director or his authorized represen-
tative. The Director shall remit his monthly collection of fees and charges mentioned in
Section 64 to the Treasurer of the Philippines within the first ten (10) days of the suc-
ceeding month: Provided, That the proceeds of the collection of the fees imposed under
Section 65 and the special deposit heretofore required of licensees shall be constituted
into a revolving fund for such purposes and be deposited in the Philippine National
Bank, as a special deposit of the Bureau. The Budget Commissioner and the National
Treasurer shall effect the quarterly releases out of the collection accruing to the general
fund upon request of the Director on the basis of a consolidated annual budget of a work
program approved by the Department Head and the President.
In the case of the special deposit revolving fund, withdrawals therefrom shall be
effected by the Department Head on the basis of a consolidated annual budget prepared
by the Director of a work program for the specific purposes mentioned in Section 65.
SEC. 67. Basis of Assessment.—Tree measurement shall be the basis for assess-
ing government charges and other fees on timber cut and removed from forest lands,
alienable or disposable lands, and civil reservations; Provided, That until such time as
the mechanics of tree measurement shall have been developed and promulgated in rules
and regulations, the present scaling method provided for in the National Internal Reve-
nue Code shall be used.
The Director may, with the approval of the Department Head, prescribe a new
method of assessment of forest products and collection of charges thereon based upon
the result of production cost and market studies undertaken by the Bureau; Provided,
That such charges shall not be lower than those now imposed.
_______________________
30
Reforestation Bond, Prescribing the Revised Schedule of Forestry Administrative Fees
(DAO No. 18, Series of 1993).
164
H. Charges on Forest Products

31
SEC. 68. Measuring of Forest Products and Invoicing and Collection of
Charges Thereon.—The duties incident to the measuring of forest products shall be
discharged by the Bureau of Forest Development under regulations of the Ministry of
32
Natural Resources. The invoicing and collection of the charges thereon shall be done
by the Bureau of Internal Revenue
under regulations approved by the
Minister of Finance (now Depart-
ment of Finance).
33
SEC. 69. Mode of Meas-
uring Timber.—Except as herein-
below provided, all timber shall be
measured and manifested in the
round or squared, before being
sawn or manufactured. The volume
of all round timber shall be ascer-
tained by multiplying the area of
the small and by the length of the
log. The diameter of the log to be
measured exclusive of the bark;
but if the end of a log is irregular,
the average diameter shall be
used; and in order to ascertain the
volume of a log more than eight
meters long, the diameter of the
middle of said log, or the average of
the diameters at both ends thereof
“How gladly does the spirit leap forth, and suddenly shall be used as basis. If a log in
enlarge its sense of being to the full extent of the the round, cut under license, is
broad, blue, sunny deep! His salt breath brings a measured and manifested by forest
blessing along with it.”— Nathaniel Hawthorne officers, the Director of Forest
(T. Cayton) Development shall make due
allowance for rot, cavities, or other
natural defects; but from any decision of the Director of Forest Development in this
_______________________
31
Renumbered by Sec. 1, R.A. No. 7161, 10 October 1991; as amended by B.P. Blg. 83, 17
September 1980.
32
Now Department of Environment and Natural Resources. R.A. 7161 incorporating certain
sections of the NIR Code of 1977, as amended; (Section 2 creating subsection H of P.D. No. 705).
However, there appears to be an error in R.A. No. 7161, Section 1 referring to revisions of Sec-
tions 230 to 238 of the National Internal Revenue Code. Reference should be to Sections 270, 271.
33
Renumbered by Sec. 1, R.A. No. 7161, 10 October 1991.
165
LAND
respect, an appeal shall lie to his Ministry Head, whose decision shall be final. The
manifest of timber cut by licensees operating sawmills in or near the forest shall be
attested by forest officers whenever practicable.
The volume of squared timber shall be ascertained by multiplying the average of
the cross section measured by the length, to which forty percent, shall be added for loss
in squaring: Provided, however, That if squared timber cut under license is measured
and manifested by forest officers, the Director of Forest Development shall make due
allowance for rot, cavities, or other natural defects; but from any decision of the Director
of Forest Development in this respect, an appeal shall lie to his Department Head,
whose decision shall be final. The privilege of manifesting timber after squaring shall,
however, be granted only to licensees who have squared their logs in the forests with
the ax and intend to take it to the market in this form.
If sawn or otherwise manufactured timber is found which has not been manifested
in accordance with the provisions hereof, the corresponding forest charges shall be as-
sessed on twice the volume of the actual contents of such sawn or manufactured timber.
34
SEC. 70. Charges on Timber Cut in Forest Land.—There shall be collected
charges on each cubic meter of timber cut in forest land, whether belonging to the first,
second, third, or fourth group, twenty-five percent (25%) of the actual FOB market price
based on species and grading: Provided, however, That in the case of pulpwood and
matchwood cut in forest land, forest charges on each cubic meter shall be ten percent
(10%) of the actual FOB market price.
35
SEC. 71. Charges on Firewood, Branches, and Other Recoverable Wood Wastes
of Timber.—Except for all mangrove species whose cutting shall be banned, there shall
be collected forest charges on each cubic meter of firewood cut in forest land, branches
and other recoverable wood wastes of timber, such as timber ends, tops, and stumps,
when used as raw materials for the manufacture of finished products, ten pesos
(P10.00).
Only third or fourth-group wood can be taken for firewood. However, if jointly au-
thorized by the Secretaries of both the Departments of Environment and Natural Re-
sources, and Agriculture, first and second-group woods may be removed for firewood
purposes from land which is more valuable for agricultural than for forest purposes.
36
SEC. 72. Charges on Minor Forest Products.—All other forest products of for-
est land which are not covered by the preceding section shall be exempt from almaciga
resin, and bamboo which shall be charged at ten percent (10%) of the actual FOB mar-
ket price.
_______________________
34
As amended by Sec. 3, R.A. No. 7161, 10 October 1991.
35
As amended by Sec. 4, R.A. No. 7161, 10 October 1991.
36
Sec. 73 of P.D. No. 705, as amended (formerly Sec. 235 of the NIRC); further amended by
Sec. 5, R.A. No. 7161, 10 October 1991.
166
37
SEC. 73. Effectivity and Application of Forest Charges and Determination of
Market Price of Forest Products.—The rates of forest charges provided for in Sections
70, 71, and 72 hereof shall be effective upon approval of this Act. The new rates shall be
published in the Official Gazette or in two (2) newspapers of national circulation and
shall also be posted in conspicuous places in the different Department of Environment
and Natural Resources field offices.
The actual FOB market price of forest products shall be justly determined once a
year by the Secretary of Environment and Natural Resources: Provided, That he shall
cause the creation of a committee to be composed of representatives of the Department
of Environment and Natural Resources, the National Economic and Development Au-
thority, the Department of Trade and Industry, the Bureau of Internal Revenue and the
wood and furniture industry and consumers sectors which shall formulate the criteria
and/or guidelines in the determination of the actual FOB market price to be used as the
basis for the assessment of the ad valorem tax, taking into consideration production
cost (developing cost, contingencies and miscellaneous cost), species and grade of tim-
ber, government share, reforestation, tariff duties, taxes, risk involved and a reasonable
margin of profit for domestic and export market prices for wood and wood products.
These forest charges shall be applied to naturally growing timber and forest prod-
ucts gathered within public forest lands, alienable and disposable lands and private
lands. Forest charges collected shall be in lieu of the administrative charge on environ-
ment and other fees and charges imposed thereon: Provided, That planted trees and
other forest products harvested from industrial tree plantations and private lands cov-
ered by existing tiller or by approved land application are exempted from payment of
forest charges.
38
SEC. 74. Charges on Gums, Resins, and Other Forest Products.—On gums,
resins, rattan, and other forest products of forest lands which are not hereinabove pro-
vided for, there is herein imposed upon the person removing such forest product a
charge of ten percent (10%) of the actual market value thereof, determined in the man-
ner indicated below.
The market value of the various forest products on which forest charges may thus
be collected shall be determined from time to time by a joint assessment of the Commis-
sioner and the Director of Forest Development, to be approved by their respective Min-
istry Heads, the same to be published for the information of public in the Official Ga-
zette, in two daily newspapers of national circulation, and posted in a conspicuous place
in the municipal building of a municipality concerned.
39
SEC. 75. Tax Exemptions of Forest Products Lawfully Removed under Gratui-
tous License.—No charges shall be collected on forest products removed in conformity
_______________________
37
New section introduced by Sec. 6, R.A. No. 7161, 10 October 1991.
38
Sec. 8, as amended by B.P. Blg. 83, 17 September 1980.
39
As amended by B.P. Blg. 83, 17 September 1980.
167
LAND
with the terms of a gratuitous license of the Bureau of Forest Development and in com-
pliance with the law and the regulations of such Bureau.
40
SEC. 76. Tax Exemption of Trees and Products Removed from Public Lands
under a Tree Farm Lease.—No charges shall be collected on trees and products removed
from public lands planted to ipil-ipil and/or falcata under a tree farm lease with the
government.
Chapter IV
Criminal Offenses and Penalties
41
SEC. 77. Cutting, Gathering, and/or Collecting Timber or Other Forest Prod-
ucts Without License.—Any person who shall cut, gather, collect, remove timber or other
forest products from any forest land, or timber from alienable or disposable public land,
or from private land, without any authority, or possess timber or other forest products
without the legal documents as required under existing forest laws and regulations,
shall be punished with the penalties imposed under Articles 309 and 310 of the Revised
Penal Code: Provided, That in the case of partnerships, associations, or corporations,
the officers who ordered the cutting, gathering, collection or possession shall be liable,
and if such officers are aliens, they shall, in addition to the penalty, be deported without
further proceedings on the part of the Commission on Immigration and Deportation.
The Court shall further order the confiscation in favor of the government of the
timber or any forest products cut, gathered, collected, removed, or possessed as well as
the machinery, equipment, implements and tools illegally used in the area where the
timber or forest products are found.
42
SEC. 77-A. Administrative Authority of the Department Head or His Duly Au-
thorized Representative to Order Confiscation.—In all cases of violations of this Code or
other forest laws, rules and regulations, the Department Head or his duly authorized
representative, may order the confiscation of any forest products illegally cut, gathered,
removed or possessed or abandoned, and all conveyances used either by land, water or
air in the commission of the offense and to dispose of the same in accordance with per-
43
tinent laws, regulations or policies on the matter.
_______________________
40
As amended by B.P. Blg. 83, 17 September 1980.
41
As amended by P.D. No. 1559, 11 June 1978 and E.O. No. 277, 25 July 1987. See DENR
Adm. Order No. 59 (1990) and Adm. Order No. 54 (1993), Guidelines in the confiscation, forfeiture
and disposition of conveyances used in the commission of offenses, and Memo Order No. 162,
Guidelines for the disposition of confiscated logs, lumber, and other forest products, post.
42
New section introduced by Sec. 2, E.O. No. 277, s. 1987; renumbered under Sec. 7, R.A.
No. 7161, 10 October 1991.
43
The Supreme Court has clarified in Paat v. CA (G.R. No. 111107, 10 January 1997) that
an action for replevin will not lie against conveyance pending administrative confiscation pro-
ceedings. (Summarize gist of proceedings)
168
44
SEC. 77-B. Rewards to Informants.—Any person who shall provide any infor-
mation leading to the apprehension and conviction of any offender for any violation of this
Code or other forest laws, rules and regulations, or confiscation of forest products shall be
given a reward in the amount of twenty percent (20%) of the proceeds of the confiscated
forest products.
45
SEC. 78. Unlawful Oc-
cupation or Destruction of Forest
Lands and Grazing Lands.—Any
person who enters and occupies or
possesses, or makes kaingin for
his own private use or for others,
any forest land or grazing land
without authority under a license
agreement, lease, license or per-
mit, or in any manner destroys
such forest land or grazing land or
part thereof, or causes any dam-
age to the timber stand and other
products and forest growth found
therein, or who assists, aids or
abets any other person to do so, or
sets a fire, or negligently permits
a fire to be set in any forest land
or grazing land, or refuses to “You will find something far greater in the woods than you
vacate the area when ordered to will find in books. Stones and trees will teach you that which
do so, pursuant to the provisions you will never learn from masters.”—St. Bernard
of Section 53 hereof shall, upon (Digital Vision)
conviction, be fined in an amount
of not less than Five Hundred Pesos (P500.00), nor more than Twenty Thousand Pesos
(P20,000.00) and imprisoned for not less than six (6) months nor more than two (2) years
for each such offense, and be liable to the payment to ten (10) times the rental fees and
other charges which would have accrued had the occupation and use of the land been
authorized under a license agreement, lease, license or permit: Provided, That in the case
of an offender found guilty of making kaingin, the penalty shall be imprisonment for not
less than two (2) nor more than four (4) years and a fine equal to eight (8) times the regu-
lar forest charges due on the forest products destroyed, without prejudice to the payment
of the full cost of production of the occupied area as determined by the Bureau: Provided,
further, That the maximum of penalty prescribed herein shall be imposed upon the of-
_______________________
44
New section introduced by Sec. 2, E.O. No. 277, s. of 1987; renumbered under sec. 7, R.A.
No. 7161, 10 October 1991.
45
As amended by Sec. 3, P.D. No. 1559, 11 June 1978; renumbered under Sec. 7, R.A. No.
7161, 10 October 1991.
169
LAND
fender who repeats the same offense and who commits the same offense and double the
maximum of the penalty upon the offender who commits the same offense for the third
time.
In all cases the Court shall
further order the eviction of the
offender from the land and the
forfeiture to the government of all
improvements made and all ve-
hicles, domestic animals and equip-
ment of any kind used in the com-
mission of the offense. If not suit-
able for use by the Bureau, said
vehicles, domestic animals, equip-
ment and improvements shall be
sold at public auction, the proceeds
of which shall accrue to the Devel-
opment Fund of the Bureau.
In case the offender is a go-
vernment official or employee, he
shall, in addition to the above
penalties be deemed automatically
dismissed from office and perma-
nently disqualified form holding
any elective or appointive position. “The real mystery of life is not a problem to be solved,
SEC. 79.
46
Pasturing Live- it is a reality to be experienced.” — J.J. Van der
Leeuw
stock.—Imprisonment for not less
(T. Cayton)
than six (6) months nor more than
two (2) years and a fine equal to ten (10) times the regular rentals due, in addition to
the confiscation of such livestock and all improvements introduced in the area in favor
of the government, shall be imposed upon any person, who shall, without authority
under a lease or permit, graze or cause to graze livestock in forest lands, grazing lands
and alienable and disposable lands which have not as yet been disposed of in accor-
dance with the Public Land Act; Provided, That in case the offender is a corporation,
partnership or association, the officers and directors thereof shall be liable.
47
SEC. 80. Illegal Occupation of National Parks System and Recreation Areas
and Vandalism Therein.—Any person who, shall, without permit, occupy for any length
of time any portion of the national parks system or shall, in any manner cut, destroy,
_______________________
46
Renumbered under Sec. 7, R.A. No. 7161, 10 October 1991.
47
7161, 10 October 1991.
170
damage or remove timber or any species of vegetation or forest cover and other natural
resources found therein, or shall mutilate, deface, or destroy objects of natural beauty or
of scenic value within areas in the national parks system, shall be fined not less than
Five Hundred Pesos (P500.00) or more than Twenty Thousand Pesos (P20,000.00) ex-
clusive of the value of the thing damaged. Provided, That if the area requires rehabilita-
tion or restoration as determined by the Director, the offender shall also be required to
restore or compensate for the restoration of the damage: Provided, further, That any
person who, without proper permit shall hunt, capture or kill any kind of bird, fish or
wild animal life within the area in the national parks system shall be subject to the
same penalty. Provided, finally, That the Court shall order eviction of the offender from
the land and the forfeiture in favor of the government of all timber or any species or
vegetation and other natural resources collected or removed, and any construction or
improvement made thereon by the offender. If the offender is an association or corpora-
tion, the president or manager shall be directly responsible and liable for the act of his
employees or laborers.
In the event that an official or employee of a city or municipal government is pri-
marily responsible for detecting and convicting the violator of the provisions of this
section, fifty percent (50%) of the fine collected shall accrue to such municipality or city
for the development of local parks.
48
SEC. 81. Destruction of Wildlife Resources.—Any person violating the provi-
sions of Section 55 of this Code, or the regulations promulgated thereunder, shall be
fined not less than One Hundred Pesos (P100.00) for each such violation and in addition
shall be denied a permit for a period of three (3) years from the date of the violation.
49
SEC. 82. Survey by Unauthorized Person.—Imprisonment for not less than
two (2) nor more than four (4) years, in addition to the confiscation of the implements
used in the violation of this Section including the cancellation of the license, if any,
shall be imposed upon any person who shall, without permit to survey from the Direc-
tor, enter any forest lands, whether covered by a license agreement, lease, license, or
permit, or not, and conduct or undertake a survey for whatever purpose.
50
SEC. 83. Misclassification and Survey by Government Official or Employee.—
Any public officer or employee who knowingly surveys, classifies, or recommends the
release of forest lands as alienable and disposable lands contrary to the criteria and
standards established in this Code, or the rules and regulations promulgated here-
under, shall, after an appropriate administrative proceeding, be dismissed from the
service with prejudice to re-employment, and upon conviction by a court of competent
jurisdiction, suffer an imprisonment of not less than one (1) year and a fine of not less
than One Thousand Pesos (P1,000.00). The survey, classification, or release of forest
lands shall be null and void.
_______________________
48
49
50
171
LAND
51
SEC. 84. Tax Declaration on Real Property.—Imprisonment for a period of not
less than two (2) nor more than four (4) years and perpetual disqualification from hold-
ing an elective or appointive office, shall be imposed upon any public officer or employee
who shall issue a tax declaration on real property without a certification from the Direc-
tor of Forest Development and the Director of Lands or their duly designated represen-
tatives that the area declared for taxation is alienable and disposable lands, unless the
property is titled or has been occupied and possessed by members of the national cul-
tural minorities prior to July 4, 1955.
52
SEC. 85. Coercion and Influence.—Any person who coerces, influences, abets,
or persuades the public officer or employee referred to in Sections 74 and 75 commit any
of the acts mentioned therein shall suffer imprisonment of not less than one (1) year
and pay a fine of Five Hundred Pesos (P500.00) for every hectare or a fraction thereof so
improperly surveyed, classified, or released.
In all other cases, any person who coerces, influences, abets, or persuades the pub-
lic officer or employee by using power and influence in deciding any pending case or
matter in his favor shall be punished by a fine of not more than Five Thousand Pesos
(P5,000.00) and imprisonment of not less than one (1) year.
53
SEC. 86. Payment, Collection, and Remittance of Forest Charges.—Any person
who fails to pay the amount due and payable under the provisions of this Code, the
National Internal Revenue Code, or the rules and regulations promulgated thereunder,
shall be liable to the payment of a surcharge of twenty-five percent (25%) of the amount
due and payable.
Any person who fails or refuses to remit to the proper authorities said forest charges
collectible pursuant to the provisions of this Code or the National Internal Revenue Code,
or who delays, obstructs or prevents the same, or who orders, causes or effects the trans-
fer or diversion of the funds for purposes other than those specified in this Code, for each
such offense shall, upon conviction, be punished by a fine of not exceeding one hundred
thousand pesos (P100,000.00) and/or imprisonment for a period of not exceeding six (6)
years in the discretion of the Court. If the offender is a government official or employee,
he shall, in addition, be dismissed from the service with prejudice to reinstatement and
with disqualification from holding any elective or appointive office.
If the offender is a corporation, partnership or association, the officers and direc-
tors thereof shall be liable.
54
SEC. 87. Sale of Wood Products.—No person shall sell or offer for sale any log,
lumber, plywood, or other manufactured wood products in the international or domestic
_______________________
51
52
7161, 10 October 1991.
53
54
172
market unless he complies with grading rules established or to be established by the

government.
Failure to adhere to the established grading rules and standards, or any act of fal-
sification of the volume of logs, lumber, or other forest products shall be a sufficient
cause for the suspension of the export, sawmill, or other license or permit authorizing
the manufacture or sale of such products for a period of not less than two (2) years.
A duly accredited representative of the Bureau shall certify to the compliance by
the licensees with grading rules.
Every dealer in lumber and other building materials covered by this Code shall is-
sue an invoice for each sale of such material and such invoice shall state that the kind,
standard and size of material sold to each purchaser in exactly the same as described in
the invoice. Any violation of this Section shall be sufficient ground for the suspension of
the dealer’s license for a period of not less than two (2) years and, in addition thereto,
the dealer shall be punished for each such offense by a fine of not less than Two Hun-
dred Pesos (P200.00) or the total value of the invoice, whichever is greater.
55
SEC. 88. Arrest, Institution of Criminal Actions.—A forest officer or employee of
the Bureau or any personnel of the Philippine Constabulary/Integrated National Police
shall arrest even without warrant any person who has committed or is committing in his
presence any of the offenses defined in this Chapter. He shall also seize and confiscate, in
favor of the government, the tools and equipment used in committing the offense, and the
forest products cut, gathered or taken by the offender in the process of committing the
offense. The arresting forest officer or employee shall thereafter deliver within six (6)
hours from the time of arrest and seizure, the offender and the confiscated forest prod-
ucts, tools and equipment and file the proper complaint with the appropriate official des-
ignated by law to conduct preliminary investigation and file information in Court.
If the arrest and seizure are made in the forest, far from the authorities desig-
nated by law to conduct preliminary investigations, the delivery to, and filing of the
complaint with, the latter shall be done within a reasonable time sufficient to the place
of delivery. The seized products, materials and equipment shall be immediately dis-
posed of in accordance with forestry administrative orders promulgated by the Depart-
ment Head.
The Department Head may deputize any agency, barangay or barrio official, or
any qualified person to protect the forest and exercise the power or authority provided
for in the preceding paragraph.
Reports and complaints regarding the commission of any of the offenses defined in
this Chapter, not committed in the presence of any forest officer or employee, or any
personnel of the Philippine Constabulary/Integrated National Police or any of the depu-
tized officers or officials, shall immediately be investigated by the forest officer assigned
in the area or any personnel of the Philippine Constabulary/Integrated National Police
_______________________
55
As amended by Sec. 1, P.D. No. 1775, 14 January 1981; renumbered under Sec.
173
LAND
where the offense was allegedly committed, who shall thereupon receive the evidence
supporting the report or complaint.
If there is a prima facie evidence to support the complaint or report, the investigat-
ing forest officer and/or members of the Philippine Constabulary/Integrated National
Police shall file the necessary complaint with the appropriate official authorized by law
to conduct a preliminary investigation of criminal case and file an information in Court.
56
SEC. 89-A. The Armed Forces of the Philippines shall organize a special force
in every region to help enforce the provisions of this Act under such rules and regula-
tions as may be agreed upon by the Secretaries of National Defense and Natural Re-
sources.
57
SEC. 89-B. Administrative Authority of the Director to Impose Fines—In all
cases of violations of this Code and other forest laws, rules and regulations where fine is
the principal penalty, the director is hereby authorized to impose administratively the
penalty consisting of the fine.
Special Clauses
58
SEC. 90. Separability Clause.—Should any provision herein be subsequently
declared unconstitutional, the same shall not affect the validity or the legality of the
other provisions.
59
SEC. 91. Repealing Clause.—Presidential Decree Nos. 330 and 389, Common-
wealth Act No. 452, Republic Act No. 4715, and all laws, orders, rules and regulations
or any part thereof which are inconsistent herewith are hereby repealed or amended
accordingly.
SEC. 92. Effectivity.—This Code shall take effect immediately upon promulga-
tion.
Done in the City of Manila, this 19th day of May, 1975.
If today is a typical day on planet Earth, we will lose

about 30,000 hectares of rain forests, or 1,250 hectares
*
per hour, or 21 hectares per minute.
_______________________
56
New section introduced by Sec. 4, P.D. No. 1559, 11 June 1978; renumbered by Sec. 7,
R.A. No. 7161, 10 October 1991.
57
New section introduced by Sec. 4, P.D. No. 1559, 11 June 1978; renumbered by Sec. 7,
R.A. No. 7161, 10 October 1991.
58
59
174
Timber License is Not a Right
A timber license agreement is not a contract but a mere privilege which may
be modified, amended, or rescinded when required by national interest.
Facts: Petitioner company (Ysmael) wrote to the Ministry of Environment and
60
Natural Resources (MNR) seeking the reinstatement of its logging concession covering
a portion of a public forest in Maddela, Nueva Vizcaya. The timber license agreement
(TLA) was issued in 1965 and cancelled in 1983 when the government unilaterally or-
dered the cancellation of all logging concessions in Nueva Vizcaya and Quirino prov-
inces. Barely a year later, the area covered by the Ysmael’s TLA was reawarded to two
other logging companies. Petitioner also seeks the cancellation of these TLAs alleging
discrimination.
The Ministry, through then Minister Ernesto Maceda, denied both its requests and
pointed out that there is an existing ban on all logging operations in the province of
Nueva Vizcaya and Quirino. Furthermore, the Ministry ruled that “a timber license was
not a contract within the due process clause of the Constitution, but only a privilege
which could be withdrawn whenever public interest or welfare so demands …”
When the logging ban was lifted in 1986, Ysmael appealed the order of the Minis-
try to the Office of the President (OP). However, the OP denied the petition for lack of
merit and for being prematurely filed. Hence, this petition.
Issue: Is there grave abuse of discretion on the part of the MNR in denying the
reinstatement of Ysmael’s logging concession?
Held: No. First, the MNR’s refusal to reverse final and executory administrative
orders is within its right as an administrative agency tasked to enforce governmental
policies and objectives. Second, the petitioner’s failure to file his petition within a rea-
sonable period precludes his availment of the benefits of certiorari. Laches had set in.
Finally, “(t)imber licenses, permits and license agreements are the principal instru-
ments by which the State regulates the utilization and disposition of forest resources to
the end that public welfare is promoted. And it can hardly be gainsaid that they merely
evidence a privilege granted by the State to qualified entities and do not vest in the
latter a permanent or irrevocable right to the particular concession area and the forest
products therein. They may be validly amended, modified, replaced or rescinded by the
Chief Executive when national interests so require. Thus, they are not deemed con-
tracts within the purview of the due process of law clause.” [See Sections 3(e) and 20 of
Presidential Decree No. 705, as amended; Tan v. Dir. of Forestry, 125 SCRA 302, Oct.
27, 1983.]
Felipe Ysmael Jr. & Co. Inc. v. Deputy Executive Secretary
G.R. No. 79538, October 18, 1990
_______________________
60
The MNR was later renamed the Department of Environment and Natural Resources
(DENR)
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The Right of the Future Generations
Petitioners Filipino children, representing themselves and generations

yet unborn, have the right and legal personality to sue in a court of law by
way of a class suit in order to protect their environment. This is based on the
principle of intergenerational responsibility.
Background:
Statistics showed that in the mid-twentieth century, the Philippines had about
sixteen million (16M) hectares of virgin tropical rainforests. In 1988, data from satellite
photographs taken of the country indicated that only about 800,000 hectares were left
of these forests.
The official policy of the govern-
ment then was that logging was being
done in virgin forests. Undoubtedly, this
was a carryover of the policy when vir-
gin forests were still abundant in the
country.
In 1989, records disclosed that the
Philippine government granted logging
concessions (officially known as Timber
License Agreement or TLAs) to some
ninety-two corporations covering an area
of some 3.89 million hectares, or almost
five times more than what was avail-
able. Statistics also showed that de-
forestation was occurring at the rate of
some 120,000 hectares per year. “If future generations are to remember us with grati-
While it was difficult to theorize a tude rather than contempt, we must leave them more
cause of action based on the above data, than the miracles of technology. We must leave them a
glimpse of the world as it was in the beginning, not
(for one, the plaintiff will have to prove just after we got through with it.” — Henry David
where the 800,000 thousand hectares Thoreau
are, something which the government (T. Cayton)
itself did not quite know), it was
necessary to bring these matters to the attention of the government officials and to the
public at large.
An environmental advocate—working with the Philippine Ecological Network
(PEN) and the Haribon Foundation for the Conservation of Natural Resources (Hari-
bon)—conceptualized a legal action. Naming his own children as the main plaintiffs
together with the children of his relatives and friends from all over the Philippines,
legal proceedings were initiated. During this time, the timber industry and the logging
companies were at the height of their political and financial power.
176
It must be emphasized that the defendant—then DENR Secretary Fulgencio Fac-

toran Jr.—was not responsible for the grant of the numerous TLAs. On the contrary, it
was during his term that the number of TLAs were significantly reduced. He was per-
sonally sympathetic to the cause being advocated by the case. However, the Office of the
Solicitor General (OSG), the official counsel of government agencies, was not of similar
sentiment. Instead of filing an answer to the complaint and then proceed to the trial of
the case, the OSG filed a motion to dismiss on the technicality that plaintiffs failed to
state a cause of action. In simple terms, this means that the plaintiff’s children did not
have a legal personality to sue.
After the Opposition was filed by the plaintiffs, the lower court dismissed the case
without any hearing for the reasons that:
1. The case “failed to state a cause of action.”
2. The issue was political in nature and therefore not the proper subject for judi-
cial resolution.
3. Any relief granted would result in the impairment of contracts.
The plaintiffs brought the case directly to the Supreme Court on a pure question of
law. The case is now known for having advanced the principle of intergenerational re-
sponsibility. However, when the case was filed before the lower court (Regional Trial
Court of Makati), and even when it was initially brought to the Supreme Court, this
principle was unknown both to the Court and to the plaintiffs’ lawyer himself. The the-
ory of the case was based solely on common sense: That if the government were to allow
the denudation of all the forests in the country in the next eight to ten years, the plain-
tiffs-children would no longer see, enjoy and benefit from the forests in their lifetime.
At the other end of the globe, a Georgetown University Professor of Law had been
working on the theoretical framework of the principle. At that end, it was more sophis-
ticatedly known with the terminological mouthful: “intergenerational responsibility.”
The lawyer handling the case and the US professor did not know one another.
Facts: “In a broader sense, this petition bears upon the right of Filipinos to a
balanced and healthful ecology which the petitioners dramatically associate with the
twin concepts of ‘intergenerational responsibility’ and ‘intergenerational justice.’ Spe-
cifically, it touches on the issue of whether the said petitioners have a cause of action to
‘prevent the misappropriation or impairment’ of Philippine rainforests and ‘arrest the
unabated hemorrhage of the country’s vital life-support systems and continued rape of
Mother Earth.’
“The controversy has its genesis in Civil Case No. 90-777 which was filed before
Branch 66 (Makati, Metro Manila) of the Regional Trial Court (RTC), National Capital
Judicial Region. The principal plaintiffs therein, now the principal petitioners, are all
minors duly represented and joined by their respective parents. Impleaded as an addi-
tional plaintiff is the Philippine Ecological Network, Inc. (PEN), a domestic, non-stock
177
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and non-profit corporation organized for the purpose of, inter alia, engaging in con-
certed action geared for the protection of our environment and natural resources. The
original defendant was the Honorable Fulgencio S. Factoran, Jr., then Secretary of the
Department of Environment and Natural Resources (DENR). His substitution in this
petition by the new Secretary, the Honorable Angel C. Alcala, was subsequently ordered
upon proper motion by the petitioners. The complaint was instituted as a taxpayers’
class suit and alleges that the plaintiffs “are all citizens of the Republic of the Philip-
pines, taxpayers, and entitled to the full benefit, use and enjoyment of the natural re-
source treasure that is the country’s virgin tropical rainforests.” The same was filed for
themselves and others who are equally concerned about the preservation of said re-
source but are “so numerous that it is impracticable to bring them all before the Court.”
The minors further asseverate that they “represent their generation as well as genera-
tions yet unborn.” Consequently, it is prayed for that judgment be rendered:
“. . . ordering defendant, his agents, representatives and other persons acting in his behalf
to—
(1) Cancel all existing timber license agreements in the country;

(2) Cease and desist from receiving, accepting, processing, renewing or approving new tim-
ber license agreements and granting the plaintiffs “. . . such other reliefs just and equitable under
the premises.”
“The complaint starts off with the general averments that the Philippine archipel-
ago of 7,100 islands has a land area of thirty million (30,000,000) hectares and is en-
dowed with rich, lush, and verdant rainforests in which varied, rare, and unique species
of flora and fauna may be found; these rainforests contain a genetic, biological, and
chemical pool which is irreplaceable; they are also the habitat of indigenous Philippine
cultures which have existed, endured and flourished since time immemorial; scientific
evidence reveals that in order to maintain a balanced and healthful ecology, the coun-
try’s land area should be utilized on the basis of a ratio of fifty-four percent (54%) for
forest cover and forty-six percent (46%) for agricultural, residential, industrial, com-
mercial and other uses; the distortion and disturbance of this balance as a consequence
of deforestation have resulted in a host of environmental tragedies, such as (a) water
shortages resulting from the drying up of the water table, otherwise known as the aqui-
fer, as well as of rivers, brooks, and streams, (b) salinization of the water table as a
result of the intrusion therein of salt water, incontrovertible examples of which may be
found in the island of Cebu and the Municipality of Bacoor, Cavite, (c) massive erosion
and the consequential loss of soil fertility and agricultural productivity, with the volume
of soil eroded estimated at one billion (1,000,000,000) cubic meters per annum—
approximately the size of the entire island of Catanduanes, (d) the endangering and
extinction of the country’s unique, rare and varied flora and fauna, (e) the disturbance
and dislocation of cultural communities, including the disappearance of the Filipino’s
indigenous cultures, (f) the siltation of rivers and seabeds and consequential destruction
178
of corals and other aquatic life leading to a critical reduction in marine resource produc-
tivity, (g) recurrent spells of drought as is presently experienced by the entire country,
(h) increasing velocity of typhoon winds which result from the absence of windbreakers,
(i) the flooding of lowlands and agricultural plains arising from the absence of the ab-
sorbent mechanism of forests, (j) the siltation and shortening of the lifespan of multi-
billion peso dams constructed and operated for the purpose of supplying water for do-
mestic uses, irrigation and the generation of electric power, and (k) the reduction of the
earth’s capacity to process carbon dioxide gases which has led to perplexing and catas-
trophic climatic changes such as the phenomenon of global warming, otherwise known
as the greenhouse effect.”
“Plaintiffs further assert that the adverse and detrimental consequences of contin-
ued deforestation are so capable of unquestionable demonstration that the same may be
submitted as a matter of judicial notice. This notwithstanding, they expressed their
intention to present expert witnesses as well as documentary, photographic and film
evidence in the course of the trial.
As their cause of action, they specifically alleged that:
“CAUSE OF ACTION . .
7. Plaintiffs replead by reference the foregoing allegations.

8. Twenty-five (25) years ago, the Philippines had some sixteen (16) million hec-
tares of rainforests constituting roughly fifty-three percent (53%) of the country’s land
mass.
9. Satellite images taken in 1987 reveal that there remained no more than 1.2
million hectares of said rainforests or four percent (4.0%) of the country’s land area.
10. More recent surveys reveal that a mere 850,000 hectares of virgin old-growth
rainforests are left, barely 2.8% of the entire land mass of the Philippine archipelago
and about 3.0 million hectares of immature and uneconomical secondary growth forests.
11. Public records reveal that defendant’s predecessors have granted timber li-
cense agreements (TLAs) to various corporations to cut the aggregate area of 3.89 mil-
lion hectares for commercial logging purposes. A copy of the TLA holders and the corre-
sponding areas covered is hereto attached as Annex A.
12. At the present rate of deforestation, that is about 200,000 hectares per an-
num or 25 hectares per hour—nighttime, Saturdays, Sundays and holidays included—
the Philippines will be bereft of forest resources after the end of this ensuing decade, if
not earlier.
13. The adverse effects, disastrous consequences, serious injury, and irreparable
damage of this continued trend of deforestation to the plaintiff minors’ generation and
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to generations yet unborn are evident and incontrovertible. As a matter of fact, the
environmental damages enumerated in paragraph 6 hereof are already being felt, ex-
perienced and suffered by the generation of plaintiff adults.
14. The continued allowance by defendant of TLA holders to cut and deforest the
remaining forest stands will work great damage and irreparable injury to plaintiffs—
especially plaintiff minors and their successors—who may never see, use, benefit from,
and enjoy this rare and unique natural resource treasure. This act of defendant consti-
tutes a misappropriation and/or impairment of the natural resource property he holds
in trust for the benefit of plaintiff minors and succeeding generations.
15. Plaintiffs have a clear and constitutional right to a balanced and healthful
ecology and are entitled to protection by the State in its capacity as the parens patriae.
16. Plaintiffs have exhausted all administrative remedies with the defendant’s
office. On March 2, 1990, plaintiffs served upon defendant a final demand to cancel all
logging permits in the country
17. A copy of the plaintiffs’ letter dated March 1, 1990 is hereto attached as An-
nex B. Defendant, however, fails and refuses to cancel the existing TLAs, to the continu-
ing serious damage and extreme prejudice of plaintiffs.
18. The continued failure and refusal by defendant to cancel the TLAs is an act
violative of the rights of plaintiffs, especially plaintiff minors who may be left with a
country that is desertified (sic), bare, barren and devoid of the wonderful flora, fauna
and indigenous cultures which the Philippines has been abundantly blessed with.
19. Defendant’s refusal to cancel the aforementioned TLAs is manifestly contrary
to the public policy enunciated in the Philippine Environmental Policy which, in perti-
nent part, states that it is the policy of the State —
a. to create, develop, maintain and improve conditions under which man and na-
ture can thrive in productive and enjoyable harmony with each other;
b. to fulfill the social, economic and other requirements of present and future
generations of Filipinos and;
c. to ensure the attainment of an environmental quality that is conducive to a life
of dignity and well-being’ (P.D. No. 1151, 6 June 1977).
20. Furthermore, defendant’s continued refusal to cancel the aforementioned
TLAs is contradictory to the Constitutional policy of the State to—
a. effect ‘a more equitable distribution of opportunities, income and wealth’ and
‘make full and efficient use of natural resources (sic).’ (Section 1, Article XII of the Con-
stitution);
b. ‘protect the nation’s marine wealth.’ (Section 2, ibid);
c. ‘conserve and promote the nation’s cultural heritage and resources (sic).’ (Sec-
tion 14, Article XIV, id.);
180
d. ‘protect and advance the right of the people to a balanced and healthful ecology
in accord with the rhythm and harmony of nature.’ (Section 16, Article II, id.)
21. Finally, defendant’s act is contrary to the highest law of humankind—the
natural law—and violative of plaintiffs’ right to self-preservation and perpetuation.
22. There is no other plain, speedy and adequate remedy in law other than the
instant action to arrest the unabated hemorrhage of the country’s vital life-support
systems and continued rape of Mother Earth.”
On 22 June 1990, the original defendant, Secretary Factoran, Jr., filed a Motion to
Dismiss the complaint based on two (2) grounds, namely: (1) the plaintiffs have no
cause of action against him and (2) the issue raised by the plaintiffs is a political ques-
tion which properly pertains to the legislative or executive branches of government. In
their 12 July 1990 Opposition to the Motion, the petitioners maintain that (1) the com-
plaint shows a clear and unmistakable cause of action, (2) the motion is dilatory and (3)
the action presents a justiciable question as it involves the defendant’s abuse of discre-
tion.
On 18 July 1991, respondent Judge issued an order granting the aforementioned
motion to dismiss. In the said order, not only was the defendant’s claim—that the com-
plaint states no cause of action against him and that it raises a political question—
sustained, the respondent Judge further ruled that the granting of the reliefs prayed for
would result in the impairment of contracts which is prohibited by the fundamental law
of the land.
Issues: Do the petitioners-children have the right to sue in their own behalf and
on behalf of unborn generations? Does the issue here involve a political question and
therefore non-justiciable? Would a relief granted here violate the constitutional provi-
sion against the non-impairment of contracts?
Held: “Before going any further, We must first focus on some procedural mat-
ters. Petitioners instituted Civil Case No. 90-777 as a class suit. The original defendant
and the present respondents did not take issue with this matter. Nevertheless, We
hereby rule that the said civil case is indeed a class suit. The subject matter of the com-
plaint is of common and general interest not just to several, but to all citizens of the
Philippines. Consequently, since the parties are so numerous, it becomes impracticable,
if not totally impossible, to bring all of them before the court. We likewise declare that
the plaintiffs therein are numerous and representative enough to ensure the full protec-
tion of all concerned interests. Hence, all the requisites for the filing of a valid class suit
under Section 12, Rule 3 of the Revised Rules of Court are present both in the said civil
case and in the instant petition, the latter being but an incident to the former.
This case, however, has a special and novel element. Petitioners minors assert that
they represent their generation as well as generations yet unborn. We find no difficulty
in ruling that they can, for themselves, for others of their generation and for the suc-
ceeding generations, file a class suit.
181
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Their personality to sue in behalf of the succeeding generations can only be based
on the concept of intergenerational responsibility insofar as the right to a balanced and
healthful ecology is concerned. Such a right, as hereinafter expounded, considers the
“rhythm and harmony of nature.” Nature means the created world in its entirety. Such
rhythm and harmony indispensably include, inter alia, the judicious disposition, utiliza-
tion, management, renewal and conservation of the country’s forest, mineral, land,
waters, fisheries, wildlife, off-shore areas and other natural resources to the end that
their exploration, development and utilization be equitably accessible to the present as
well as future generations.
Needless to say, every generation has a responsibility to the next to preserve that
rhythm and harmony for the full enjoyment of a balanced and healthful ecology. Put a
little differently, the minors’ assertion of their right to a sound environment constitutes,
at the same time, the performance of their obligation to ensure the protection of that
right for the generations to come.
The locus standi of the petitioners having thus been addressed, We shall now pro-
ceed to the merits of the petition.
After a careful perusal of the complaint in question and a meticulous consideration
and evaluation of the issues raised and arguments adduced by the parties, we do not
hesitate to find for the petitioners and rule against the respondent Judge’s challenged
order for having been issued with grave abuse of discretion amounting to lack of juris-
diction. The pertinent portions of the said order read as follows:
“After a careful and circumspect evaluation of the Complaint, the Court cannot help but
agree with the defendant. For although we believe that plaintiffs have but the noblest of all inten-
tions, it (sic) fell short of alleging, with sufficient definiteness, a specific legal right they are seek-
ing to enforce and protect, or a specific legal wrong they are seeking to prevent and redress (Sec.
1, Rule 2, RRC). Furthermore, the Court notes that the Complaint is replete with vague assump-
tions and vague conclusions based on unverified data. In fine, plaintiffs fail to state a cause of
action in its Complaint against the herein defendant.
Furthermore, the Court firmly believes that the matter before it, being impressed
with political color and involving a matter of public policy, may not be taken cognizance
of by this Court without doing violence to the sacred principle of ‘Separation of Powers’
of the three (3) co-equal branches of the government.
The Court is likewise of the impression that it cannot, no matter how we stretch
our jurisdiction, grant the reliefs prayed for by the plaintiffs, i.e., to cancel all existing
timber license agreements in the country and to cease and desist from receiving, accept-
ing, processing renewing or approving new timber license agreements. For to do other-
wise would amount to ‘impairment of contracts’ abhorred (sic) by the fundamental law.”
We do not agree with the trial court’s conclusion that the plaintiffs failed to allege
182
with sufficient definiteness a specific legal right involved or a specific legal wrong com-
mitted, and that the complaint is replete with vague assumptions and conclusions based
on unverified data. A reading of the complaint itself belies these conclusions.
The complaint focuses on one specific fundamental legal right—the right to a bal-
anced and healthful ecology which, for the first time in our nation’s constitutional his-
tory, is solemnly incorporated in the fundamental law. Section 16, Article II of the 1987
Constitution explicitly provides:
“SEC. 16. The State shall protect and advance the right of the people to a balanced and
healthful ecology n accord with the rhythm and harmony of nature.”
This right unites with the right to health which is provided for in the preceding section of
the same article:
“SEC. 15. The State shall protect and promote the right to health of the people and instill
health consciousness among them.”
While the right to a balanced and healthful ecology is to be found under the Decla-
ration of Principles and State Policies and not under the Bill of Rights, it does not follow
that it is less important than any of the civil and political rights enumerated in the
latter. Such a right belongs to a different category of rights altogether for it concerns
nothing less than self-preservation and self-perpetuation—aptly and fittingly stressed
by the petitioners—the advancement of which may even be said to predate all govern-
ments and constitutions.
As a matter of fact, these basic rights need not even be written in the Constitution
for they are assumed to exist from the inception of humankind. If they are now explic-
itly mentioned in the fundamental charter, it is because of the well-founded fear of its
framers that unless the rights to a balanced and healthful ecology and to health are
mandated as state policies by the Constitution itself, thereby highlighting their continu-
ing importance and imposing upon the state a solemn obligation to preserve the first
and protect and advance the second, the day would not be too far when all else would be
lost not only for the present generation, but also for those to come —generations which
stand to inherit nothing but parched earth incapable of sustaining life.
The right to a balanced and healthful ecology carries with it the correlative duty to
refrain from impairing the environment. During the debates on this right in one of the
plenary sessions of the 1986 Constitutional Commission, the following exchange tran-
spired between Commissioner Wilfrido Villacorta and Commissioner Adolfo Azcuna who
sponsored the section in question:
“MR. VILLACORTA:
Does this section mandate the State to provide sanctions against all forms of pollu-
tion—air, water, and noise pollution?
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MR. AZCUNA:
Yes, Madam President. The right to healthful (sic) environment necessarily carries
with it the correlative duty of not impairing the same and, therefore, sanctions may be
provided for impairment of environmental balance.”
The said right implies, among many other things, the judicious management and
conservation of the country’s forests. Without such forests, the ecological or environ-
mental balance would be irreversibly disrupted.
After a careful examination of the petitioners’ complaint, We find the statements
under the introductory affirmative allegations, as well as the specific averments under
the subheading CAUSE OF ACTION, to be adequate enough to show, prima facie, the
claimed violation of their rights. On the basis thereof, they may thus be granted, wholly
or partly, the reliefs prayed for. It bears stressing, however, that insofar as the cancella-
tion of the TLAs is concerned, there is the need to implead, as party defendants, the
grantees thereof for they are indispensable parties.
The foregoing considered, Civil Case No. 90-777 cannot be said to raise a political
question. Policy formulation or determination by the executive or legislative branches of
government is not squarely put in issue. What is principally involved is the enforcement
of a right vis-a-vis policies already formulated and expressed in legislation. It must,
nonetheless, be emphasized that the political question doctrine is no longer the insur-
mountable obstacle to the exercise of judicial power or the impenetrable shield that
protects executive and legislative actions from judicial inquiry or review. The second
paragraph of Section 1, Article VII of the Constitution states that:
“Judicial power includes the duty of the courts of justice to settle actual controversies in-
volving rights which are legally demandable and enforceable, and to determine whether or not
there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part
of any branch or instrumentality of the Government.”
Commenting on this provision in his book, Philippine Political Law, Mr. Justice
Isagani A. Cruz, a distinguished member of this Court, says:
“The first part of the authority represents the traditional concept of judicial power, involv-
ing the settlement of conflicting rights as conferred by law. The second part of the authority
represents a broadening of judicial power to enable the courts of justice to review what was before
forbidden territory, to wit, the discretion of the political departments of the government.
As worded, the new provision vests in the judiciary, and particularly the Supreme Court,
the power to rule upon even the wisdom of the decisions of the executive and the legislature and
to declare their acts invalid for lack or excess of jurisdiction because tainted with grave abuse of
discretion. The catch, of course, is the meaning of ‘grave abuse of discretion,’ which is a very
elastic phrase that can expand or contract according to the disposition of the judiciary.”
In Daza v. Singson, Mr. Justice Cruz, now speaking for this Court, noted:
184
“In the case now before us, the jurisdictional objection becomes even less tenable
and decisive. The reason is that, even if we were to assume that the issue presented
before us was political in nature, we would still not be precluded from resolving it under
the expanded jurisdiction conferred upon us that now covers, in proper cases, even the
political question. Article VII, Section 1, of the Constitution clearly provides: . . .”
The last ground invoked by the trial court in dismissing the complaint is the non-
impairment of contracts clause found in the Constitution. The court a quo declared that:
“The Court is likewise of the impression that it cannot, no matter how we stretch
our jurisdiction, grant the reliefs prayed for by the plaintiffs, i.e., to cancel all existing
timber license agreements in the country and to cease and desist from receiving, accept-
ing, processing, renewing or approving new timber license agreements. For to do other-
wise would amount to ‘impairment of contracts’ abhorred (sic) by the fundamental law.”
We are not persuaded at all; on the contrary, We are amazed, if not shocked, by
such a sweeping pronouncement. In the first place, the respondent Secretary did not, for
obvious reasons, even invoke in his motion to dismiss the non-impairment clause. If he
had done so, he would have acted with utmost infidelity to the government by providing
undue and unwarranted benefits and advantages to the timber license holders because
he would have forever bound the government to strictly respect the said licenses accord-
ing to their terms and conditions regardless of changes in policy and the demands of
public interest and welfare. He was aware that as correctly pointed out by the petition-
ers, into every timber license must be read Section 20 of the Forestry Reform Code (P.D.
No. 705) which provides:
“. . . Provided, That when the national interest so requires, the President may
amend, modify, replace or rescind any contract, concession, permit, licenses or any other
form of privilege granted herein . . .”
Needless to say, all licenses may thus be revoked or rescinded by executive action.
It is not a contract, property or a property right protected by the due process clause of
the Constitution. In Tan v. Director of Forestry, this Court held:
“. . . A timber license is an instrument by which the State regulates the utilization
and disposition of forest resources to the end that public welfare is promoted. A timber
license is not a contract within the purview of the due process clause; it is only a license
or privilege, which can be validly withdrawn whenever dictated by public interest or
public welfare as in this case.
‘A license is merely a permit or privilege to do what otherwise would be unlawful,
and is not a contract between the authority, federal, state, or municipal, granting it and
the person to whom it is granted; neither is it property or a property right, nor does it
create a vested right; nor is it taxation’ (37 C.J. 168). Thus, this Court held that the
granting of license does not create irrevocable rights, neither is it property or property
rights (People v. Ong Tin, 54 O.G. 7576). . .”
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We reiterated this pronouncement in Felipe Ysmael, Jr. & Co., Inc. v. Deputy Ex-
ecutive Secretary:
“. . . Timber licenses, permits and license agreements are the principal instru-
ments by which the State regulates the utilization and disposition of forest resources to
the end that public welfare is promoted. And it can hardly be gainsaid that they merely
evidence a privilege granted by the State to qualified entities, and do not vest in the
latter a permanent or irrevocable right to the particular concession area and the forest
products therein. They may be validly amended, modified, replaced or rescinded by the
Chief Executive when national interests so require. Thus, they are not deemed con-
tracts within the purview of the due process of law clause [See Sections 3(ee) and 20 of
Pres. Decree No. 705, as amended. Also, Tan v. Director of Forestry, G. R. No. L-24548,
October 27, 1983, 125 SCRA 302].”
Since timber licenses are not contracts, the non-impairment clause, which reads:
“SEC. 10. No law impairing the obligation of contracts shall be passed.”
In the second place, even if it is to be assumed that the same are contracts, the in-
stant case does not involve a law or even an executive issuance declaring the cancella-
tion or modification of existing timber licenses. Hence, the non-impairment clause can-
not as yet be invoked. Nevertheless, granting further that a law has actually been
passed mandating cancellations or modifications, the same cannot still be stigmatized
as a violation of the non-impairment clause. This is because by its very nature and
purpose, such a law could have only been passed in the exercise of the police power of
the state for the purpose of advancing the right of the people to a balanced and health-
ful ecology, promoting their health and enhancing the general welfare. In Abe v. Foster
Wheeler Corp., this Court stated:
“The freedom of contract, under our system of government, is not meant to be ab-
solute. The same is understood to be subject to reasonable legislative regulation aimed
at the promotion of public health, moral, safety and welfare. In other words, the consti-
tutional guaranty of non-impairment of obligations of contract is limited by the exercise
of the police power of the State, in the interest of public health, safety, moral and gen-
eral welfare.”
Concurring Opinion of Justice Feliciano:
I join in the result reached by my distinguished brother in the Court, Davide, Jr.,
J. in this case which, to my mind, is one of the most important cases decided by this
Court in the last few years. The seminal principles laid down in this decision are likely
to influence profoundly the direction and course of the protection and management of
the environment, which of course embraces the utilization of all the natural resources in
the territorial base of our polity. I have therefore sought to clarify, basically to myself,
what the Court appears to be saying.
186
Two (2) points are worth making in this connection. Firstly, neither petitioners nor
the Court has identified the particular provision or provisions (if any) of the Philippine
Environment Code which give rise to a specific legal right which petitioners are seeking
to enforce. Secondly, the Philippine Environment Code identifies with notable care the
particular government agency charged with the formulation and implementation of
guidelines and programs dealing with each of the headings and sub-headings men-
tioned above. The Philippine Environment Code does not, in other words, appear to
contemplate action on the part of private persons who are beneficiaries of implementa-
tion of that Code.
As a matter of logic, by finding petitioners’ cause of action as anchored on a legal
right comprised in the constitutional statements above noted, the Court is in effect
saying that Section 15 (and Section 16) of Article II of the Constitution are self-
executing and judicially enforceable even in their present form. The implications of this
doctrine will have to be explored in future cases; those implications are too large and
far-reaching in nature even to be hinted at here.
My suggestion is simply that petitioners must, before the trial court, show a more
specific legal right—a right cast in language of a significantly lower order of generality
than Article II (15) of the Constitution—that is or may be violated by the actions, or
failures to act, imputed to the public respondent by petitioners so that the trial court
can validly render judgement granting all or part of the relief prayed for. To my mind,
the Court should be understood as simply saying that such a more specific legal right or
rights may well exist in our corpus of law, considering the general policy principles
found in the Constitution and the existence of the Philippine Environment Code, and
that the trial court should have given petitioners an effective opportunity so to demon-
strate, instead of aborting the proceedings on a motion to dismiss.
It seems to me important that the legal right which is an essential component of a
cause of action be a specific, operable legal right, rather than a constitutional or statu-
tory policy, for at least two (2) reasons. One is that unless the legal right claimed to
have been violated or disregarded is given specification in operational terms, defen-
dants may well be unable to defend themselves intelligently and effectively; in other
words, there are due process dimensions to this matter
The second is a broader-gauge consideration—where a specific violation of law or
applicable regulation is not alleged or proved, petitioners can be expected to fall back on
the expanded conception of judicial power in the second paragraph of Section 1 of Arti-
cle VIII of the Constitution which reads:
“Section 1 . . . . Judicial power includes the duty of the courts of justice to settle ac-
tual controversies involving rights which are legally demandable and enforceable, and
to determine whether or not there has been a grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of any branch or instrumentality of the gov-
ernment.”
187
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When substantive standards as general as “the right to a balanced and healthy

ecology” and “the right to health” are combined with remedial standards as broad rang-
ing as “a grave abuse of discretion amounting to lack or excess of jurisdiction,” the re-
sult will be, it is respectfully submitted, to propel courts into the uncharted ocean of
social and economic policy making. At least in respect of the vast area of environmental
protection and management, our courts have no claim to special technical competence
and experience and professional qualifications. Where no specific, operable norms and
standards are shown to exist, then the policy making departments—the legislative and
executive departments—must be given a real and effective opportunity to fashion and
promulgate those norms and standards, and to implement them before the courts
should intervene.
My learned brother Davide, Jr., J., rightly insists that the timber companies,
whose concession agreements or TLAs petitioners demand public respondents should
cancel, must be impleaded in the proceedings below. It might be asked that, if petition-
ers’ entitlement to the relief demanded is not dependent upon proof of breach by the
timber companies of one or more of the specific terms and conditions of their concession
agreements (and this, petitioners implicitly assume), what will those companies litigate
about? The answer I suggest is that they may seek to dispute the existence of the spe-
cific legal right petitioners should allege, as well as the reality of the claimed factual
nexus between petitioners’ specific legal right and the claimed wrongful acts or failures
to act of public respondent administrative agency. They may also controvert the appro-
priateness of the remedy or remedies demanded by petitioners, under all the circum-
stances which exist.
I vote to grant the Petition for Certiorari because the protection of the environ-
ment, including the forest cover of our territory, is of extreme importance for the coun-
try. The doctrines se out in the Court’s decision issued today should, however, be sub-
jected to closer examination.
Minors Oposa, et al. v. Factoran, et al.
G.R. No. 101083, July 30, 1993
Post-Supreme Court Decision

It will be noted that the last part of the Decision directs the petitioners to return to the
Regional Trial Court and try the case in said court impleading therein the TLA holders.
At the very outset, impleading all the TLA holders was one of the options explored
by the plaintiffs. Two strategic and tactical considerations, however, militated against
this alternative: (1) Plaintiffs were represented by only one lawyer Picking a fight
against 92 logging companies which were at the height of their power would be like an
ant challenging an elephant to a duel; (2) Plaintiffs avoid being entangled in an unnec-
essary, tedious, protracted, and lengthy legal battle to prove violations on the part of
the TLA holder in order to justify the cancellation.
188
Instead of suing the holders of the TLA, plaintiffs opted for the line of least resis-
tance—a suit against the grantor of the TLAs on the theory that the Dept. of Environ-
ment and Natural Resources granted permits to cut trees over area (3.9 m. hectares)
more than the area available (800,000 hectares). While the class suit is necessarily
couched in legal language and theory, the overall goal of the suit was to force a policy
shift, i.e., to protect and preserve the remaining virgin forests of the country.
Fortunately, during the pendency of the case, the DENR issued Department Ad-
ministrative Order No. 24, Series of 1991 effective on January 1, 1992. The Order, in
effect, banned all logging in the remaining 800,000 hectares of virgin forests left in the
Philippines. By a happy coincidence, this was a very strategic goal of the legal action.
In effect therefore, the policy question involved in the legal case had become moot
and academic by executive action, to the credit of then DENR Secretary, F. Factoran,
Jr. The eloquent pronouncements of the Supreme Court on the concept of inter-
generational responsibility and the legal right of future generations to initiate the legal
action were a purely accidental bonus.
The concurring opinion of Justice Feliciano and his suggestions were very well
taken. They have since become the basis for what is now the Citizen’s Suit provision in
the Clean Air Act (RA 8749) and the Solid Waste Management Act (RA 9003).
Illegal Possession of Lumber

Lumber, although omit-
ted in the definition of forest
products under the Forestry
Code, is a processed log or
timber. As such, it needs
proper documentation as any
forest product is required.
Facts: On April 1,
1990, a team of DENR opera-
tives searched the premises
of the Mustang Lumber in
Valenzuela, Metro Manila
and found a variety of lum-
ber products without the
“We abuse the land because we regard it as a commodity belonging proper documentation and
to us. When we see land as a community to which we belong, we permits. When the company
may begin to use it with love and respect.”—Aldo Leopold was unable to explain the
(Digital Vision) absence of any documen-
tation and upon the disco-
very that the company’s permit had already expired, the DENR operatives confiscated
189
LAND
the lumber products without any search warrant. Mustang Lumber now questions the
validity of the confiscation without any search and seizure order by the court. Moreover,
it alleges that the word “lumber” is not included in the term “timber.”
Issue: Was there a valid seizure of the lumber?
Held: Yes. In Webster’s Third International Dictionary, lumber is defined, inter
alia, as “timber or logs after being prepared for the market.” Simply put, lumber is a
processed log or timber.
It is settled that in the absence of legislative intent to the contrary, words and
phrases used in a statute should be given their plain, ordinary, and common usage
meaning. And insofar as possession of timber without the required legal documents is
concerned, Section 68 of Presidential Decree No.705, as amended, makes no distinction
between raw or processed timber. Neither should we. Ubi lex non distinguit nec nos
distinguire debemus (where the law does not distinguish, neither should we).
It was duly established that the petitioner’s truck was coming out from petitioner’s
lumberyard loaded with lauan and almaciga lumber of different sizes and dimensions
which were not accompanied with the required invoices and transport documents. The
seizure of such truck and its cargo was a valid exercise of the power vested upon a forest
officer or employee by Section 80 of Presidential Decree No. 705, as amended by Presi-
dential Decree No. 1775.
“Search of a moving vehicle is one of the five doctrinally accepted exceptions to the
constitutional mandate that no search or seizure shall be made except by virtue of a war-
rant issued by a judge after personally determining the existence of a probable cause.
The other exceptions are (1) search as an incident to a lawful arrest, (2) seizure of
evidence in plain view, (3) customs searches, and (4) consented warrantless search.
“We also affirm the rulings of both the trial court and the Court of Appeals that
the search on April 4, 1990 was a continuation of the search on April 3, 1990 done un-
der and by virtue of the search warrant issued on April 3, 1990. Under (Section 9, Rule
126 of) the Rules of Court, a search warrant has a lifetime of ten days. Hence, it could
be served at any time within the said period, and if its object or purpose cannot be ac-
complished in one day, the same may be continued under the same warrant the follow-
ing day, provided it is still within the ten-day period.
“They (Mustang Lumber) are presumably trifling attempts to block the serious ef-
forts of the DENR to enforce the decree, efforts which deserve the commendation of the
public in the light of the urgent need to take firm and decisive action against the de-
spoilers of our forests whose continuous destruction only ensures to the generations to
come, if not the present, an inheritance of parched earth incapable of sustaining life.
The government must not tire in its vigilance to protect the environment by prosecuting
without fear or favor any person who dares to violate our laws for the utilization and
protection of our forests.”
Mustang Lumber v. CA
G.R. No. 104988, June 18, 1996
190
Replevin in Motor Vehicles Impounded by the DENR
A legal action for replevin to recover a motor vehicle which was found to be trans-
porting illegal forest product is not proper without the exhaustion of administrative
remedies. The administrative procedure for the confiscation and forfeiture of the motor
vehicle must be allowed to run its course. The court must “not arrogate unto itself the
authority to resolve a controversy the jurisdiction over which is initially lodged with an
administrative body of special competence.”
Background:
Illegally-cut forest products are usually apprehended not while they are being cut
inside the forests but while they are being transported along the main highway. The
truck used to transport the forest contraband is, in law, a tool, equipment or instrument
used in the commission of a crime and is therefore subject to seizure and forfeiture. The
procedure for forfeiture is covered by an administrative procedure of the DENR where
the owner of the truck is given due notice and the opportunity to explain. The truck
owners, however, often in cahoots with the illegal loggers, have resorted to the filing of
cases against the DENR officers in custody of the motor vehicle. This case, an action to
recover property which is alleged to be wrongfully withheld by another is, in legal lan-
guage, known as an action for replevin. It usually also includes actions for damages
against the DENR officers. This has a very frustrating effect on the officers concerned
who went to great lengths in apprehending the vehicle and its contraband. In addition,
the action for damages has a demoralizing and chilling effect on the DENR and/or police
officers who apprehended the vehicles, not to mention the personal expense that the
officials sued have to incur to defend themselves.
Facts: On May 19, 1989, the truck of private respondent Victoria de Guzman
while on its way to Bulacan from Cagayan Province. Upon inspection by operatives of
the Department of Environment and Natural Resources (DENR) and finding that the
driver could not produce the required documents for the forest products found concealed
in the truck, the same was seized.
On May 23, 1989, Jovito Layugan, then the Community Environment and Natural
Resource Officer (CENRO) of Aritao issued an order of confiscation of the truck. The
order also directed the owner to submit within fifteen (15) days an explanation why the
truck should not be forfeited. De Guzman failed to submit the required explanation.
On June 22, 1989, Regional Executive Director (RED) Rogelio Baggayan of DENR
sustained Layugan’s action of confiscation and ordered the forfeiture of the truck invok-
ing Section 68-A of the Forestry Code (P. D. No. 705). De Guzman then filed a letter of
request for reconsideration which was denied. De Guzman brought the case on appeal
to the Office of the DENR Secretary.
191
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However, pending resolution of the appeal, de Guzman filed a suit for replevin
against CENRO Layugan and RED Baggayan with the Regional Trial Court (RTC) of
Cagayan. The court issued an order requiring the return of the truck to de Guzman.
Layugan and Baggayan filed a motion to dismiss with the trial court contending,
among others, that private respondents had no cause of action for their failure to ex-
haust administrative remedies. The trial court denied the motion to dismiss and a sub-
sequent motion for reconsideration.
Appeal was filed by the DENR through its officers with the Court of Appeals which
sustained the trial court’s ruling. Hence, this present petition before the Supreme Court
seeking to reverse the decision of the Court of Appeals. Leonardo Paat was substituted
as petitioner being the successor of Baggayan as the Regional Executive Director of the
DENR in Region 2.
Issue: Can a petition for replevin be used to recover movable property subject of
an administrative forfeiture proceeding in the DENR?
Held: No. “This Court has consistently held that before a party is allowed to seek
the intervention of the Court, it is a pre-condition that he should have availed of all the
means of administrative processes afforded him. Hence, if a remedy within the adminis-
trative machinery can still be resorted to, then such remedy should first be exhausted
first before the court’s judicial power can be sought. The premature invocation of the
court’s intervention is fatal to one’s cause of action.
In the case at (hand), there is no question that the controversy was pending before
the Secretary of DENR when it was forwarded to him following the denial by (DENR
officers) of (De Guzman’s) motion for reconsideration…” “In their letter of reconsidera-
tion dated June 28, 1989, spouses de Guzman clearly recognize the presence of an ad-
ministrative forum to which they seek to avail, as they did avail, in the resolution of
their case. The letter, reads, thus:
“ . . . If this motion for reconsideration does not merit your favorable action, then this letter
should be considered as an appeal to the Secretary.”
It was easy to perceive then that the private respondents looked up to the Secre-
tary for the review and disposition of their case. By appealing to him, they acknowl-
edged the existence of an adequate and plain remedy still available and open to them in
the ordinary course of the law.
Thus, they cannot now, without violating the principle of exhaustion of adminis-
trative remedies, seek court’s intervention by filing an action for replevin for the grant
of their relief during the pendency of an administrative proceedings.
“. . . (I)t is (also) important to point out that the enforcement of forestry laws,
rules and regulations and the protection, development and management of forest lands
fall within the primary and special responsibilities of the Department of Environment
and Natural Resources. By the very nature of its function, the DENR should be given a
192
free hand unperturbed by judicial intrusion to determine a controversy which is well

within its jurisdiction. The assumption by the trial court, therefore, of the replevin suit
filed by private respondents constitutes an unjustified encroachment into the domain of
the administrative agency’s prerogative. The doctrine of primary jurisdiction does not
warrant a court to arrogate unto itself the authority to resolve a controversy the juris-
diction over which is initially lodged with an administrative body of special compe-
tence.”
“It is worth stressing at this point, that a suit for replevin is founded solely on the
claim that the defendant wrongfully withholds the property sought to be recovered. It
(is the proper petition) to recover possession of personal chattels that are unlawfully
detained. ‘To detain’ is defined as to mean ‘to hold or keep in custody,’ and it has been
held that there is tortuous taking whenever there is an unlawful meddling with the
property, or an exercise or claim of dominion over it, without any pretense of authority
or right …”;
“Under the Rules of Court, it is indispensable in a replevin proceeding that the
plaintiff must show by his own affidavit that he is entitled to the possession of property,
that the property is wrongfully detained by the defendant, alleging the cause of deten-
tion, that the same has not been taken for tax assessment, or seized under execution, or
attachment, or if so seized, that it is exempt from such seizure. The affidavit must also
indicate the actual value of the property, double which is the amount of the required
replevin bond. De Guzman miserably failed to convince this Court that a wrongful de-
tention of the subject truck obtains in the instant case. It should be noted that the truck
was seized by the DENR because it was transporting forest products without the re-
quired permit of the DENR in manifest contravention of Section 68 of (the Forestry
Code)…” “(This) unquestionably (justifies) the confiscation as well as the disposition by
the Secretary of DENR or his duly authorized representatives of the conveyances used
in violating the provision of forestry laws. Evidently, the continued possession or deten-
tion of the truck by the DENR for administrative forfeiture proceeding is legally per-
missible.” “Hence, (there is) no wrongful detention (and thus a petition for replevin
cannot prosper).”
Paat v. CA
G. R. No. 111107, January 10, 1997
Counter-Strike
In a replevin action, the petitioner (Plaintiff) seeking the return of a thing must
state under oath that the same has not been seized by law. This is one of the formal
requirements of the petition and is necessary before a Court of Law will entertain the
same.
Where a petitioner states under oath that a thing has not been seized—knowing
193
LAND
fully well that it has been so seized by the DENR and that confiscation proceedings
were under way—he exposes himself to criminal liability for perjury. Filing a case
against him for perjury during the pendency of the replevin proceedings adds leverage
for the DENR. Lest we forget, law is a game of pressure. He who blinks, loses.
Chainsaw Act of 2002

(Republic Act 9175)
SECTION 1. Title.—This Act

shall be known as the “Chainsaw
Act of 2002”.
SEC. 2. Declaration of Po-
licy.—It is the policy of the State, con-
sistent with the Constitution, to
conserve, develop and protect the forest
resources under sustainable manage-
ment. Toward this end, the State shall
pursue an aggressive forest protection
program geared towards eliminating
illegal logging and other forms of forest
destruction which are being facilitated
with the use of chainsaws. The State
shall therefore regulate the ownership,
possession, sale, transfer, importation
and/or use of chainsaws to prevent
them from being used in illegal logging
or unauthorized clearing of forests.
SEC. 3. Definition of Terms.—
As used in this Act, the term:
a. “Chainsaw” shall refer to
any portable power saw or similar
cutting implement, rendered opera-
tive by an electric or internal com-
bustion engine or similar means, “If trees could scream, would we be so cavalier about
cutting them down? We might, if they screamed all the
that may be used for, but is not time, for no good reason.” — Jack Handey
limited to, the felling of trees or the (Digital Vision)
cutting of timber;
b. “Chainsaw dealer” shall refer to a person, natural or juridical, engaged in the
manufacture, importation, distribution, purchase and/or sale of chainsaws.
c. “Department” shall refer to the Department of Environment and Natural Re-
sources ; and
194
CHAINSAW ACT
d. “Secretary” shall refer to the Secretary of the Department of Environment and

Natural Resources.
SEC. 4. Persons Authorized to Manufacture, Sell, and Import Chainsaws.—
Chainsaws shall only be sold and/or imported by manufacturers, dealers and/or private
owners who are duly authorized by the Department.
SEC. 5. Persons Authorized to Possess and Use a Chainsaw.—The Department is
hereby authorized to issue permits to possess and/or use a chainsaw for the felling
and/or cutting of trees, timber and other forest or agro-forest products to any applicant
who:
a. has a subsisting timber license agreement, production sharing agreement, or
similar agreements, or a private land timber permit;
b. is an orchard and fruit tree farmer;
c. is an industrial tree farmer;
d. is a licensed wood
processor and the chainsaw shall
be used for the cutting of timber
that has been legally sold to said
applicant; or
e. Shall use the chainsaw
for a legal purpose.
Agencies of the government
that use chainsaws in some
aspects of their functions must
likewise secure the necessary
permit from the Department
before operating the same.
SEC. 6. Registration of
Chainsaws.—Within a period of
three (3) months from effectivity
“Suburbia is where the developer bulldozes out the trees,
hereof, all persons who own or are then names the streets after them.” — Bill Vaughan
otherwise in possession of chain- (Digital Vision)
saws must register the same with
the Department, through any of its Community Environment and Natural Resources
Office, which shall issue the corresponding registration certificate or permit if it finds
such persons to be qualified hereunder.
Every permit to possess and/or use a chainsaw for legitimate purpose shall be
valid for two (2) years upon issuance: Provided, that permits to possess and use chain-
saw issued to non-commercial orchard and fruit tree farmers shall be valid for a period
195
LAND
of five (5) years upon issuance. For this purpose, the Department shall be allowed to
collect reasonable registration fees for the effective implementation of this Act.
SEC. 7. Penal Provisions.
1. Selling, Purchasing, Re-selling, Transferring, Distributing or Possessing a
Chainsaw Without a Proper Permit.—Any person who sells, purchases, transfers the
ownership, distributes, or otherwise disposes or possesses a chainsaw without first
securing the necessary permit from the Department shall be punished with imprison-
ment of four (4) years, two (2) months and one (1 ) day to six years or a fine of not less
than Fifteen thousand pesos (PhP 15,000.00) but not more than Thirty thousand pesos
(PhP 30,000.00) or both at the discretion of the court, and the chainsaw/s confiscated in
favor of the government.
2. Unlawful Importation or Manufacturing of Chainsaw.—Any person who im-
ports or manufactures a chainsaw without obtaining prior authorization from the De-
partment shall be punished by imprisonment of not less than one (1) month nor more
than six (6) months and a fine of not less than One thousand pesos (PhP 1,000.00) nor
more than four thousand pesos (PhP 4,000.00).
3. Tampering of Engine serial Number.—Any person who is found to have de-
faced or tampered with the original registered engine serial number of any chainsaw
unit shall be punished by imprisonment of not less than one (1) month nor more than
six (6) months and a fine of not less than one thousand pesos (PhP 1,000.00) nor more
than Four thousand pesos (PhP 4,000.00).
4. Actual Unlawful Use of Chainsaw.—Any person who is found to be in posses-
sion of a chainsaw and uses the same to cut trees and timber in forest land or elsewhere
except as authorized by the Department shall be penalized with imprisonment of six (6)
years and one (1) day to eight (8) years or a fine of not less than Thirty thousand pesos
(PhP 30,000.00) but not more than Fifty thousand pesos (PhP 50,000.00) or both at the
discretion of the court without prejudice to being prosecuted for a separate offense that
may have been simultaneously committed. The chainsaw unlawfully used shall be like-
wise confiscated in favor of the government.
If the violation under this Section is committed by or through the command or or-
der of another person, partnership or corporation, the penalties herein provided shall
likewise be imposed on such other person, or the responsible officer/s in such partner-
ship or corporation.
If the offender is a public official or employee, in addition to the above penalties,
he shall be removed from office and perpetually qualified from holding any public office.
The chainsaws confiscated under this Section shall be sold at public auction to
qualified buyers and the proceeds thereof shall go to the Department.
SEC. 8. Reward.—Any person who voluntarily gives information leading to the
recovery or confiscation of an unregistered chainsaw and the conviction of persons
charged thereof shall be entitled to a reward equivalent to twenty (20%) of the value of
196
CHAINSAW ACT
the chainsaw unit/s. The Department is authorized to include in its budget the amount
necessary to carry out the purpose of this section.
SEC. 9. Authority of the Secretary.—To effectively implement the provisions of
this Act, the Secretary shall issue the implementing rules and regulations within ninety
(90) days upon approval of this Act. He shall likewise organize an office within the De-
partment to ensure that the requirements imposed by this Act may be complied with
qualified persons, within the shortest possible time, at the least possible expense.
In the Province of Palawan, the provisions of this Act shall be implemented by the
Palawan Council for Sustainable Development pursuant to Republic act No. 7611 or the
Strategic Environmental Plan for Palawan.
SEC. 10. Revocation of Registration and Permit.—The Secretary may revoke any
Certificate of Registration or permit previously issued to a person found violating the
provisions of this Act, or the rules and regulations issued pursuant thereto.
SEC. 11. Joint Congressional Oversight Committee.—To monitor and oversee
the implementation of this Act, including the approval of the rules and regulations
issued pursuant hereto, there is hereby created a Joint Congressional Oversight Com-
mittee to be composed of the Chairpersons of the Senate Committee on Environmental
and Natural Resources and the house committee on Natural Resources as Chairperson
and Co-chairperson, five (5) members of each of the Senate and the House of Represen-
tatives who shall be designated by the Senate President and the Speaker of the House
of Representatives as members: Provided, that the two (2) of the five (5) senators and
two (2) of the five (5) House Members shall be nominated by the respective Minority
Leaders of the Senate and the House of Representatives.
SEC. 12. Transitory Provision.—In the interim while the Department is formu-
lating the implementing rules and regulations to effectively carry out the provisions of
this Act, the Bureau of Customs is prohibited from approving any chainsaw importation
without clearance from said Department.
SEC. 13. Separability Clause.—If, for any reason, any part or provision of this
Act shall be declared as unconstitutional or invalid, such parts or provisions not af-
fected thereby shall remain in full force and effect.
SEC. 14. Repealing Clause.—All laws, executive orders, presidential decrees,
letters or instruction, rules and regulations, or parts thereof which are inconsistent
with any of the provisions of this Act are hereby repealed and/or amended accordingly.
SEC. 15. Effectivity.—This Act shall take effect fifteen (15) days after its com-
plete publication in the Official Gazette or in at least two (2) national newspaper of
general circulation, whichever comes earlier.
197
LAND
Protected Species
Conservation and Protection of Wildlife Resources
(Republic Act 9147)
Chapter I
General Provisions
SECTION 1. Title.—This Act shall be known as the “Wildlife Resources Conser-

vation and Protection Act.”
SEC. 2. Declaration of Policy.—It shall be the policy of the State to conserve the
country’s wildlife resources and their habitats for sustainability. In the pursuit of this
policy, this Act shall have the fol-
lowing objectives:
a. to conserve and protect
wildlife species and their habitats to
promote ecological balance and en-
hance biological diversity;
b. to regulate the collection
and trade of wildlife;
c. to pursue, with due regard
to the national interest, the Philip-
pine commitment to international
conventions, protection of wildlife
and their habitats; and
d. to initiate or support scien-
tific studies on the conservation of
biological diversity.
SEC. 3. Scope of Applica- “The creation of a thousand forests is in one acorn.”
tion.—The provisions of this Act — Ralph Waldo Emerson
shall be enforceable for all wildlife (A. Oposa)
species found in all areas of the country, including protected areas under Republic Act
No. 7586, otherwise known as the National Integrated Protected Areas System (NIPAS)
Act, and critical habitats. This Act shall also apply to exotic species which are subject to
trade, are cultured, maintained and/or bred in captivity or propagated in the country.
SEC. 4. Jurisdiction of the Department of Environment and Natural Resources
and the Department of Agriculture.—The Department of Environment and Natural
Resources (DENR) shall have jurisdiction over all terrestrial plant and animal species,
all turtles and tortoises and wetland species, including but not limited to crocodiles,
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CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES
waterbirds and all amphibians and dugong. The Department of Agriculture (DA) shall
have jurisdiction over all declared aquatic critical habitats, all aquatic resources, in-
cluding but not limited to all fishes, aquatic plants, invertebrates and all marine mam-
mals, except dugong. The secretaries of the DENR and the DA shall review, and, by
joint administrative order, revise and regularly update the list of species under the
respective jurisdiction. In the Province of Palawan, jurisdiction herein conferred is
vested to the Palawan Council for Sustainable Development pursuant to Republic Act
No. 7611.
Chapter II
Definition of Terms
SEC. 5. Definition of Terms.—As used in this Act, the term;

a) “Bioprospecting” means the research, collection and utilization of biological
and genetic resources for purposes of applying the knowledge derived therefrom solely
for commercial purposes;
b) “By-product or derivatives” means any part taken or substance extracted from
wildlife, in raw or in processed form. This includes stuffed animals and herbarium
specimens;
c) “Captive-breeding/culture or propagation” means the process of producing in-
dividuals under controlled conditions or with human interventions;
d) “Collection or collecting” means the act of gathering or harvesting wildlife, its
by-products or derivatives;
e) “Conservation” means preservation and sustainable utilization of wildlife,
and/or maintenance, restoration and enhancement of the habitat;
f) “Critically endangered species” refers to a species or subspecies that is facing
extremely high risk of extinction in the wild in the immediate future;
g) “Economically important species” means species which have actual or potential
value in trade or utilization for commercial purposes;
h) “Endangered species” refers to species or subspecies that is not critically en-
dangered but whose survival in the wild is unlikely if the causal factors continue oper-
ating;
i) “Endemic species” means species or subspecies which is naturally occurring
and found only within specific areas in the country;
j) “Exotic species” means species or subspecies which do not naturally occur in the
country;
k) “Export permit” refers to a permit authorizing an individual to bring out wild-
life from the Philippines to any other country;
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l) “Gratuitous permit” means permit issued to any individual or entity engaged in

noncommercial scientific or educational undertaking to collect wildlife;
m) “Habitat” means a place or environment where a species or subspecies natu-
rally occur or has naturally established its population;
n) “Import permit” refers to a permit authorizing an individual to bring in wild-
life from another country;
o) “Indigenous wildlife” means species or subspecies of wildlife naturally occur-
ring or has naturally established population in the country;
p) “Introduction” means bringing species into the wild that is outside its natural
habitat;
q) “Reexport permit” refers to a permit authorizing an individual to bring out of
the country a previously imported wildlife;
r) “Secretary” means either or both the Secretary of the Department of Environ-
ment and Natural Resources and the Secretary of the Department of Agriculture;
s) “Threatened species” a general term to denote species or subspecies considered
as critically endangered, vulnerable or other accepted categories of wildlife whose popu-
lation is at risk of extinction;
t) “Trade” means the act of engaging in the exchange, exportation or importation,
purchase or sale of wildlife, their derivatives or by-products, locally or internationally;
u) “Traditional use” means utilization of wildlife by indigenous people in accor-
dance with written or unwritten rules, usage, customs and practices traditionally ob-
served, accepted and recognized by them;
v) “Transport permit” means a permit issued authorizing an individual to bring
wildlife from one place to another within the territorial jurisdiction of the Philippines;
w) “Vulnerable species” refers to species or subspecies that is not critically en-
dangered nor endangered but is under threat from adverse factors throughout their
range and is likely to move to the endangered category in the near future;
x) “Wildlife” means wild forms and varieties of flora and fauna, in all develop-
mental stages, including those which are in captivity or are being bred or propagated;
y) “Wildlife collector’s permit” means a permit to take or collect from the wild cer-
tain species and quantities of wildlife for commercial purpose; and
z) “Wildlife farm/culture permit” means a permit to develop, operate and main-
tain a wildlife breeding farm for conservation, trade and/or scientific purposes;
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Chapter III
Conservation and Protection of Wildlife Resources
SEC. 6. Wildlife Information.—All activities, as subsequently manifested under

this Chapter, shall be authorized by the Secretary upon proper evaluation of best avail-
able information or scientific data showing that the activity is, or for a purpose, not
detrimental to the survival of the species or subspecies involved and/or their habitat.
For this purpose, the Secretary shall regularly update wildlife information through
research.
SEC. 7. Collection of Wildlife.—Collection of wildlife may be allowed in accor-
dance with Section 6 of this Act: Provided, That in the collection of wildlife, appropri-
ated and acceptable wildlife collection techniques with least or no detrimental effects to
the existing wildlife populations and their habitats shall, likewise, be required: Pro-
vided, further, That collection of wildlife by indigenous people may be allowed for tradi-
tional use and not primarily for trade: Provided, furthermore, That collection and utili-
zation for said purpose shall not cover threatened species: Provided, finally, that Sec-
tion 23 of this Act shall govern the collection of threatened species.
SEC. 8. Possession of Wildlife.—No person or entity shall be allowed possession
of wildlife unless such person or entity can prove financial, technical capability and
facility to maintain said wildlife: Provided, That the source was not obtained in viola-
tion of this Act.
SEC. 9. Collection and/or Possession of By-Products and Derivatives.—Local
transport of wildlife, by-products and derivatives may be collected and or possessed:
Provided, That the source was not obtained in violation of this Act.
SEC. 10. Local Transport of Wildlife, By-Products and Derivatives.—Local
transport of wildlife, by-products and derivatives collected or possessed through any
other means shall be authorized unless the same is prejudicial to the wildlife and public
health.
SEC. 11. Exportation and/or Importation of Wildlife.—Wildlife species may be
exported to or imported from another country as may be authorized by the Secretary or
the designated representative, subject to strict compliance with the provisions of this
Act and rules and regulations promulgated pursuant thereto: Provided, That the recipi-
ent of the wildlife is technically and financially capable to maintain it.
SEC. 12. Introduction, Reintroduction or Restocking of Endemic and Indigenous
Wildlife.—The introduction, reintroduction or restocking of endemic and indigenous
wildlife shall be allowed only for population enhancement or recovery purposes subject
to prior clearance from the Secretary or the authorized representative pursuant to Sec-
tion 6 of this Act.
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Any proposed introduction shall be subject to a scientific study which shall focus
on the bioecology. The proponent shall also conduct public consultations with concerned
individuals or entities.
SEC. 13. Introduction of Exotic
Wildlife.—No exotic species shall be
introduced into the country, unless a
clearance from the Secretary or the
authorized representative is first obtain-
ed. In no case shall exotic species be
introduced into protected areas covered
by Republic Act No. 7586 and to critical
habitats under Section 25 thereof.
In cases where introduction is
allowed, it shall be subject to environ-
mental impact study which shall focus
on the bioecology, socioeconomic and
related aspects of the area where the
species will be introduced. The propo-
nent shall also be required to secure the
prior informed consent from the local
stakeholders.
SEC. 14. Bioprospecting—
Bioprospecting shall be allowed upon
execution of an undertaking by any “The real threat to whales is whaling, which has
endangered many whale species.” — Dave Barry
proponent, stipulating therein its
compliance with and commitment(s) to (Digital Vision)
reasonable terms and conditions that
may be imposed by the Secretary which are necessary to protect biological diversity.
The Secretary or the authorized representative, in consultation with concerned
agencies, before granting the necessary permit, shall require that prior informed con-
sent be obtained by the applicant from the concerned indigenous cultural communities,
local communities, management board under Republic Act No. 7586 or private individ-
ual or entity. The applicant shall disclose fully the intent and scope of the bioprospect-
ing activity in a language and process understandable to the community. The prior
informed consent from the indigenous peoples shall be obtained in accordance with
existing laws. The action on the bioprospecting proposal by concerned bodies shall be
made within a reasonable period.
Upon submission of the complete requirements, the Secretary shall act on the re-
search proposal within a reasonable period.
If the applicant is a foreign entity or individual, a local institution should be ac-
tively involved in the research, collection and, whenever applicable and appropriate, in
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the technological development of the products derived from the biological and genetic
resources.
SEC. 15. Scientific Researches on Wildlife.—Collection and utilization of biologi-
cal resources for scientific research and not for commercial purposes shall be allowed
upon execution of an undertaking/agreement with and issuance of a gratuitous permit
by the Secretary or the authorized representative: Provided, That prior clearance from
concerned bodies shall be secured before the issuance of the gratuitous permit: Pro-
vided, further, That the last paragraph of Section 14 shall likewise apply.
SEC. 16. Biosafety.—All
activities dealing on genetic en-
gineering and pathogenic organ-
isms in the Philippines, as well as
activities requiring the importa-
tion, introduction, field release
and breeding of organisms that are
potentially harmful to man and
the environment shall be reviewed
in accordance with the biosafety
guidelines ensuring public welfare
and the protection and conser-
vation of wildlife and their habi-
tats.
Calauit Island: A. Oposa
SEC. 17. Commercial
Breeding or Propagation of Wildlife Resources.—Breeding or propagation of wildlife for
commercial purposes shall be allowed by the Secretary or the authorized representative
pursuant to Section 6 through the issuance of wildlife farm/culture permit: Provided,
That only progenies of wildlife raised, as well as unproductive parent stock shall be
utilized for trade: Provided, further, That commercial breeding operations for wildlife,
whenever appropriate, shall be subject to an environmental impact study.
SEC. 18. Economically Important Species—The Secretary, within one (1) year
after the effectivity of this Act, shall establish a list of economically-important species.
A population assessment of such species shall be conducted within a reasonable period
and shall be regularly reviewed and updated by the Secretary.
The collection of certain species shall only be allowed when the results of the as-
sessment show that, despite certain extent of collection, the population of such species
can still remain viable and capable of recovering its numbers. For this purpose, the
Secretary shall establish a schedule and volume of allowable harvests.
Whenever an economically important species become threatened, any form of col-
lection shall be prohibited except for scientific, educational or breeding/propagation
purposes, pursuant to the provisions of this Act.
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SEC. 19. Designation of Management and Scientific Authorities for International

Trade in Endangered Species of Wild Fauna and Flora.—For the implementation of the
international agreement on international trade in endangered species of wild fauna and
flora, the management authorities for terrestrial and aquatic resources shall be the
Protected Areas and Wildlife Bureau (PAWB) of the DENR and the Bureau of Fisheries
and Aquatic Resources (BFAR) of the DA, respectively and that in the Province of
Palawan the implementation hereof is vested to the Palawan Council for Sustainable
Development pursuant to Republic Act No. 7611.
To provide advice to the management authorities, there shall be designated scien-
tific authorities for terrestrial and aquatic/marine species. For the terrestrial species, the
scientific authorities shall be the Ecosystems Research and Development Bureau (ERDB)
of the DENR, the U.P. Institute of
Biological Sciences and the
National Museum and other
agencies as may be designated by
the Secretary. For the marine and
aquatic species, the scientific
authorities shall be the FBAR, the
U.P. Marine Science Institute, U.P.
Visayas, Silliman Universtiy and
the National Museum and other
agencies as may be designated by
the Secretary: Provided, That in
the case of terrestrial species, the
ERDB shall chair the scientific
authorities, and in the case of
marine and aquatic species, the
U.P. Marine Science Institute shall
chair the scientific authorities.
SEC. 20. Authority of the
Secretary to Issue Permits.—The
Secretary or the duly authorized
representative, in order to effec-
tively implement this Act, shall
issue permits/certifications/clearan- “Twinkle, twinkle little bat; How I wonder what you’re at!
ces with corresponding period of Up above the world you fly, Like a tea-tray in the sky” —
validity, whenever appropriate, Lewis Carroll
(G. Tapan)
which shall include but not limited
to the following:
1. Wildlife farm or culture permit 3 to 5 years;
2. Wildlife collector’s permit 1 to 3 years;
204
3. Gratuitous permit 1 year;

4. Local transport permit 1 to 3 months; and
5. Export/Import/Re-export permit 1 to 6 months.
These permits may be renewed subject to the guidelines issued by the appropriate
agency and upon consultation with concerned groups.
SEC. 21. Fees and Charges.—Reasonable fees and charges as may be determined
upon consultation with the concerned groups, and in the amount fixed by the Secretary
shall be imposed for the issuance of permits enumerated in the preceding section.
For the export of wildlife species, and export permit fee of not greater than three
per centum (3%) of the export value, excluding transport costs, shall charged: Provided,
however, That in the determination of aforesaid fee, the production costs shall be given
due consideration. Cutflowers, leaves and the like, produced from farms shall be ex-
empted from the said export fee: Provided, further, That fees and charges shall be re-
viewed by the Secretary every two (2) years or as the need arises and revise the same
accordingly, subject to consultation with concerned sectors.
ARTICLE TWO
Protection of Threatened Species
SEC. 22. Determination of Threatened Species.—The Secretary shall determine

whether any wildlife species or subspecies is threatened, and classify the same as criti-
cally endangered, endangered, vulnerable or other accepted categories based on the best
scientific data and with due regard to internationally accepted criteria, including but
not limited to the following:
a) present or threatened destruction, modification or curtailment of its habitat or
range;
b) over-utilization for commercial, recreational, scientific or educational purposes;
c) inadequacy of existing regulatory mechanisms; and
d) other natural or man-made factors affecting the existence of wildlife.
The Secretary shall review, revise and publish the list of categorized threatened
wildlife within one (1) year after effectivity of this Act. Thereafter, the list shall be up-
dated regularly or as the need arises: Provided, That a species listed as threatened shall
not be removed therefrom within three (3) years following its initial listing.
Upon filing of a petition based on substantial scientific information of any person
seeking for the addition or deletion of a species from the list, the Secretary shall evalu-
ate in accordance with the relevant factors stated in the first paragraph of this section,
the status of the species concerned and act on said petition within a reasonable period.
The Secretary shall also prepare and publish a list of wildlife which resembles so
closely in appearance with listed threatened wildlife, which species shall likewise be
categorized as threatened.
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SEC. 23. Collection of Threatened Wildlife, By-Products and Derivatives.—The

collection of threatened wildlife, as determined and listed pursuant to this Act, includ-
ing its by-products and derivatives, shall be allowed only for scientific, or breeding or
propagation purposes in accordance with Section 6 of this Act: Provided, That only the
accredited individuals, business, research, educational or scientific entities shall be
allowed to collect for conservation breeding or propagation purposes.
SEC. 24. Conservation Breeding or Propagation of Threatened Species.—
Conservation breeding or propagation of threatened species shall be encouraged in
order to enhance its population in its natural habitat. It shall be done simultaneously
with the rehabilitation and/or protection of the habitat where the captive-bred or
propagated species shall be released, reintroduced or restocked.
Commercial breeding or propagation of threatened species may be allowed pro-
vided that the following minimum requirements are met by the applicant, to wit:
e) Proven effective breeding and captive management techniques of the species;
and
f) Commitment to undertake commercial breeding in accordance with Section 17
of this Act, simultaneous with conservation breeding.
The Secretary shall prepare a list of threatened species for commercial breeding
and shall regularly revise or update such list or as the need arises.
SEC. 25. Establishment of Critical Habitats.—Within two (2) years following the
effectivity of this Act, the Secretary shall designate critical habitats outside protected
areas under Republic Act No. 7586, where threatened species are found. Such designa-
tion shall be made on the basis of the best scientific data, taking into consideration
species’ endemicity and/or richness, presence of manmade pressures/threats to the sur-
vival of wildlife living in the area, among others.
All designated critical habitats shall be protected, in coordination with the local
government units and other concerned groups, from any form of exploitation or destruc-
tion which may be detrimental to the survival of the threatened species dependent
therein. For such purpose, the Secretary may acquire, by purchase, donation or expro-
priation, lands, or interests therein, including the acquisition of usufruct, establishment
of easements or other undertakings appropriate in protecting the critical habitat.
ARTICLE THREE
Registration of Threatened and Exotic Species
SEC. 26. Registration of Threatened and Exotic Wildlife in the Possession of Pri-
vate Persons.—No person or entity shall be allowed possession of wildlife unless such
person or entity can prove financial and technical capability and facility to maintain
said wildlife. Twelve (12) months after the effectivity of this Act, the Secretary shall set
a period, within which person/entities shall register all threatened species collected and
206
exotic species imported prior to the effectivity of this Act. However, when the threat-
ened species is needed for breeding/propagation or research purposes, the State may
acquire the wildlife through a mutually acceptable arrangement.
After the period set has elapsed, threatened wildlife possessed without certificate
of registration shall be confiscated in favor of the government, subject to the penalties
herein provided.
All Philippine wildlife which are not listed as threatened prior to the effectivity of
this Act but which may later become so, shall likewise be registered during the period
set after the publication of the updated list of threatened species.
Chapter IV
Illegal Acts
SEC. 27. Illegal Acts.—Unless otherwise allowed in accordance with this Act, it
shall be unlawful for any person to
willfully and knowingly exploit wild-
life resources and their habitats, or
undertake the following acts:
a. killing and destroying wild-
life species, except in the following
instances;
(i) when it is done as part
of the religious rituals of
established tribal groups or indi-
genous cultural communities
(ii) when the wildlife is
afflicted with an incurable com-
municable disease;
(iii) when it is deemed
necessary to put an end to the
misery suffered by the wildlife;
(iv) when it is done to
prevent an imminent danger to
the life or limb of a human To protect what is wild is to protect what is gentle. Per-
being; and haps the wildernes we fear is the pause within our own
heartbeats, the silent space that says we live only by
(v) when the wildlife is grace. Wilderness lives by this same grace.—Terry Tem-
killed or destroyed after it has pest Williams
been used in authorized re- (A. Oposa)
search or experiment;
b. inflicting injury which cripples and/or impairs the reproductive system of wild-
life species;
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c. effecting any of the following acts in critical habitat(s):

(i) dumping of waste products detrimental to wildlife;
(ii) squatting or otherwise occupying any portion of the critical habitat;
(iii) mineral exploration and/or extraction;
(iv) burning;
(v) logging; and
(vi) quarrying;
d. introduction, reintroduction or restocking of wildlife resources;
e. trading of wildlife;
f. collecting, hunting or possessing wildlife, their by-products and derivatives;
g. gathering or destroying of active nests, nest trees, host plants and the like;
h. maltreating and/or inflicting other injuries not covered by the preceding para-
graph; and
i. transporting of wildlife.
Chapter V
Fines and Penalties
SEC. 28. Penalties for Violations of this Act.—For any person who undertakes il-
legal acts under paragraph (a) of the immediately preceding section to any species as
may be categorized pursuant to this Act, the following penalties and/or fines shall be
imposed:
a) imprisonment of a minimum of six (6) years and one (1) day to twelve (12)
years and/or fine of One hundred thousand pesos (P 100,000.00) to One million pesos (P
1,000,000.00), if inflicted or undertaken against species listed as critical;
b) imprisonment of four (4) years and one (1) day to six (6) years and/or a fine of
Fifty thousand pesos (P 50,000.00) to Five hundred thousand pesos (P 500,000.00), if
inflicted or undertaken against endangered species;
c) imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of
Thirty thousand pesos (P 30,000.00) to Three hundred thousand pesos (P 300,000.00), if
inflicted or undertaken against vulnerable species;
d) imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of
Twenty thousand pesos (P 20,000.00) to Two hundred thousand pesos (P 200,000.00), if
inflicted or undertaken against other threatened species; and
e) imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of
Ten thousand pesos (P 10,000.00) to One hundred thousand pesos (P 100,000.00), if
inflicted or undertaken against other wildlife species;
208
For illegal acts under paragraph (b) of the immediately preceding section, the fol-
lowing penalties and/or fines shall be imposed:
a) imprisonment of a minimum of four (4) years and one (1) day to six (6) years
and/or a fine of Fifty thousand pesos (P 50,000.00) to Five hundred thousand pesos (P
500,000.00), if inflicted or undertaken against species listed as critical:
b) imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of
Thirty thousand pesos (P 30,000.00) to Two hundred thousand pesos (P 200,000.00), if
c) imprisonment of one (1)
year and one (1) day to two (2) years
and/or a fine of Twenty thousand
pesos (P 20,000.00) to Two hundred
thousand pesos (P 200,000.00), if
inflicted or undertaken against
vulnerable species;
d) imprisonment of six (6)
months and one (1) day to one (1)
year and/or a fine of Ten thousand
pesos (P 10,000.00) to Fifty thousand
pesos (P 50,000.00), if inflicted or
undertaken against other threatened
species; and
e) imprisonment of one (1)
month to six (6) months and/or a fine
of Five thousand pesos (P 5,000.00)
to Twenty thousand pesos
(P20,000.00), if inflicted or under-
taken against other wildlife species;
For illegal acts under para-
graph (c) and (d) of the immediately
A true conservationist is a man who knows that preceding section, an imprisonment
the world is not given by his fathers but borrowed of one (1) month to eight (8) years
from his children.—Audobon and/or a fine of Five thousand pesos
(A. Oposa, Trees) (P 5,000.00) to Five million pesos (P
5,000,000.00) shall be imposed.
For illegal acts under paragraphs (e), the following penalties and/or fines shall be
imposed:
a) imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of
Five thousand pesos (P 5,000.00) to Three hundred thousand pesos (P 300,000.00), if
inflicted or undertaken against species listed as critical;
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b) imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of
Two thousand pesos (P 2,000.00) to Two hundred thousand pesos (P 200,000.00), if
c) imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of
One thousand pesos (P 1,000.00) to One hundred thousand pesos (P 100,000.00), if in-
flicted or undertaken against vulnerable species;
d) imprisonment of one (1) month and one (1) day to six (6) months and/or a fine
of Five hundred pesos (P 500.00) to Fifty thousand pesos (P 50,000.00), if inflicted or
undertaken against species listed as other threatened species; and
e) imprisonment of ten (10) days to one (1) month and/or a fine of Two hundred
pesos (P 200.00) to Twenty thousand pesos (P 20,000.00), if inflicted or undertaken
against other wildlife species;
For illegal acts under paragraph (f) and (g) of the immediately preceding section,
the following penalties and/or fines shall be imposed:
a) imprisonment of two (2) years and one (1) day to four (4) years and a fine of
Thirty thousand pesos (P 30,000.00) to Three hundred thousand pesos (P 300,000.00), if
inflicted or undertaken against species listed as critical species;
b) imprisonment of one (1) year and one (1) day to two (2) years and a fine of
Twenty thousand pesos (P 20,000.00) to Two hundred thousand pesos (P 200,000.00), if
c) imprisonment of six (6) months and one (1) day to one (1) year and a fine of
Ten thousand pesos (P 10,000.00) to One hundred thousand pesos (P 100,000.00), if
inflicted or undertaken against vulnerable species;
d) imprisonment of one (1) month and one (1) day to six (6) months and a fine of
Five thousand pesos (P 5,000.00) to Fifty thousand pesos (P 50,000.00), if inflicted or
undertaken against species listed as other threatened species; and
e) imprisonment of ten (10) days to one (1) month and a fine of One thousand pe-
sos (P 1,000.00) to Five thousand pesos (P 5,000.00), if inflicted or undertaken against
other wildlife species: Provided, that in case of paragraph (f), where the acts were per-
petuated through the means of inappropriate techniques and devices, the maximum
penalty herein provided shall be imposed.
For illegal acts under paragraphs (h) and (i) of the immediately preceding section,
the following penalties and/or fines shall be imposed:
a) imprisonment of six (6) months and one (1) day to one (1) year and a fine of
Fifty thousand pesos (P 50,000.00) to One hundred thousand pesos (P 100,000.00), if
inflicted or undertaken against species listed as critical species;
b) imprisonment of three (3) months and one (1) day to six (6) months and a fine
of Twenty thousand pesos (P 20,000.00) to Fifty thousand pesos (P 50,000.00), if in-
flicted or undertaken against endangered species;
210
c) imprisonment of one (1) month and one (1) day to three (3) months and a fine
of Five thousand pesos (P 5,000.00) to Twenty thousand pesos (P 20,000.00), if inflicted
or undertaken against vulnerable species;
d) imprisonment of ten (10) days to one (1) month and a fine of One thousand pe-
sos (P 1,000.00) to Five thousand pesos (P 5,000.00), if inflicted or undertaken against
species listed as other threatened species;
e) imprisonment of five (5) days to ten (10) days and a fine of Two hundred pesos
(P 200.00) to One thousand pesos (P1,000.00), if inflicted or undertaken against other
wildlife species.
All wildlife, its derivatives or by-products, and all paraphernalia, tools and con-
veyances used in connection with violations of this Act, shall be ipso facto forfeited in
favor of the government: Provided, That where the ownership of the aforesaid convey-
ances belongs to a third person who has no participation in or knowledge of the illegal
acts, the same may be released to said owner. The apprehending agency shall immedi-
ately cause the transfer of all wildlife that have been seized or recovered to the nearest
Wildlife Rescue Center of the Department in the area.
If the offender is an alien, he shall be deported after service of sentence and pay-
ment of fines, without any further proceedings.
The fines herein prescribed shall be increased by at least ten percent (10%) every
three (3) years to compensate for inflation and to maintain the deterrent function of
such times.
Chapter VI
Miscellaneous Provisions
SEC. 29. Wildlife Management Fund.—There is hereby established a Wildlife

Management Fund to be administered by the Department as a special account in the
National Treasury. It shall finance rehabilitation or restoration of habitats affected by
acts committed in violation of this Act and support scientific research, enforcement and
monitoring activities, as well as enhancement of capabilities of relevant agencies.
The fund shall derive from fines imposed and damages awarded, fees, charges, do-
nations, endowments, administrative fees or grants in the form of contributions. Con-
tributions to the Fund shall be exempted from donor taxes and all other taxes, charges
or fees imposed by the government.
SEC. 30. Deputation of Wildlife Enforcement Officers.—The Secretary shall
deputize wildlife enforcement officers from non-government organizations, citizens
groups, community organizations and other volunteers who have undergone the neces-
sary training for this purpose. The Philippine National Police (PNP), the Armed Forces
of the Philippines (AFP), the National Bureau of Investigation (NBI), and other law
enforcement agencies shall designate wildlife enforcement officers. As such, the wildlife
enforcement officers shall have the full authority to seize illegally traded wildlife and to
arrest violators of this Act subject to existing laws, rules and regulations on arrest and
detention.
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SEC. 31. Establishment of National Wildlife Research Centers.—The Secretary

shall establish national wildlife research centers for terrestrial and aquatic species to
lead in the conduct of scientific researchers on the proper strategies for the conservation
and protection of wildlife, including captive breeding or propagation. In this regard, the
Secretary shall encourage the participation of experts from academic/research institu-
tions and wildlife industry.
SEC. 32. Wildlife Rescue Center.—The Secretary shall establish designate wild-
life rescue centers to take temporary custody and care of all confiscated, abandoned
and/or donated wildlife to ensure their welfare and well-being. The Secretary shall
formulate guidelines for the disposition of wildlife from the rescue centers.
SEC. 33. Creation of Wildlife Traffic Monitoring Units.—The Secretary shall
create wildlife traffic monitoring units in strategic air and seaports all over the country
to ensure the strict compliance and effective implementation of all existing wildlife
laws, rules and regulations, including pertinent international agreements.
Customs officers and/or other authorized government representatives assigned at
air or seaports who may have intercepted wildlife commodities in the discharge of their
official functions shall, prior to further disposition thereof, secure a clearance from the
wildlife traffic monitoring unit assigned in the area.
SEC. 34. Exemption from Taxes.—Any donation, contribution, bequest, subsidy
of financial aid which may be made to the Department of Environment and Natural
Resources or to the Department of Agriculture and to NGOs engaged in wildlife conser-
vation duly registered with the Securities and Exchange Commission as certified by the
local government unit, the Department of Environment and Natural Resources or the
Department of Agriculture, for the conservation and protection of wildlife resources and
their habitats shall constitute as an allowable deduction from the taxable income of the
donor and shall be exempt from donor’s tax.
SEC. 35. Flagship Species.—Local government units shall initiate conservation
measures for endemic species in their areas. For this purpose, they may adopt flagship
species such as the Cebu black shama (Copsychus cebuensis), tamaraw (Bubalus min-
dorensis), Philippine tarsier (Tarsius syrichta), Philippine teak (Tectona philippinensis),
which shall serve as emblems of conservation for the local government concerned.
SEC. 36. Botanical Gardens, Zoological Parks and Other Similar Establish-
ments.—The Secretary shall regulate the establishment, operation and maintenance of
botanical gardens, zoological parks and other similar establishments for recreation,
education and conservation.
SEC. 37. Implementing Rules and Regulations.—Within twelve (12) months fol-
lowing the effectivity of this Act, the secretaries of the Department of Environment and
Natural Resources, and the Department of Agriculture, in coordination with the Com-
mittees on Environment and Ecology of the Senate and the House of Representative,
respectively, shall promulgate respective rules and regulations for the effective imple-
mentation of this Act.
212
Whenever appropriate, coordination in the preparation and implementation of

rules and regulations on joint and inseparable issues shall be done by both Depart-
ments. The commitments of the State to international agreements and protocols shall
likewise be a consideration in the implementation of this Act.
SEC. 38. Appropriations.—The amount necessary to initially implement the pro-
visions of this Act shall be charged against the appropriations of the Department of
Environment and Natural Resources in the current General Appropriations Act. There-
after, such sums as may be necessary to fully implement the provisions of this Act shall
be included in the annual General Appropriations Act.
SEC. 39. Separability Clause.—Should any provision of this Act be subsequently
declared as unconstitutional, the same shall not affect the validity or the legality of the
other provisions.
SEC. 40. Repealing Clause.—
Act Nos. 2590 and 3983,
Commonwealth Act No. 63, as
amended, Presidential Decree No.
1219, as amended, Republic Act No.
6147, and other laws, orders and
regulations inconsistent herewith
are hereby repealed or amended
accordingly.
SEC. 41. Effectivity.—This Act
shall take effect fifteen (15) days
after publication in the Official
Gazette or two (2) newspapers of
general circulation.
Approved: July 30, 2001.
The (forests) hold answers to more

questions than we yet know how to ask.—Nancy Newhall
(N. Oshima)
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Protection of the Philippine Eagle (Republic Act 6147)

SECTION 1. It is hereby declared that the Pithecophaga jefferyi, commonly
known as the monkey-eating eagle, shall be a protected bird in the Philippines.
SEC. 2. To ensure the
proper conservation, preser-
vation, and management of
the monkey-eating eagle, the
killing, hunting, wounding, or
taking away of the same
and/or destroying, disturbing,
or taking away of the nests or
eggs of such a bird, in contra-
vention of the rules and regu-
lations promulgated by the
Secretary of Environment
61
and Natural Resources, is
hereby prohibited and made
subject to the penal provi-
sions in Section 5 hereon.
The Secretary of Envi-
ronment and Natural Resour-
ces shall promulgate rules
and regulations for the imple-
mentation of this Act within
ninety (90) days from and
after the effectivity thereof. “The Harpy Eagle maybe the largest in terms of bulk or weight, but
In preparation of said rules the Philippine Eagle is the largest in terms of wingspan and height.”
— Dr. Robert Kennedy of the Harvard Museum of Natural
and regulations, the Secre- History
tary of Environment and (Alejo P. Manaloto, Haribon Foundation)
Natural Resources shall seek
the recommendation of the Director of Parks and Wildlife and the Philippine Wildlife
Conservation Foundation.
SEC. 3. The Director of Parks and Wildlife shall establish sanctuaries as are nec-
essary to preserve this threatened species. For this purpose, the Director of Parks and
Wildlife may seek the assistance of the National Science Development Board including
private associations or foundations, such as the Philippine Wildlife Conservation Founda-
tion, the World Wildlife Fund, and the International Union for the Conservation of Na-
ture and Natural Resources, for such support, financial grant, or technical cooperation
_______________________
61
All reference to the Department or Secretary of Agriculture and Natural Resources should
now read as Department of Secretary of Environment and Natural Resources pursuant to E.O.
No. 192 (1987).
214
PROTECTION OF WILD FLOWERS
arrangements, as may be necessary or requisite to carry out and effectively implement

the provisions of this Act.
SEC. 4. For the expenses in the establishment and maintenance of the sanctuar-
ies, the conduct of studies on the natural habitat, food requirements, predatory-prey
control measure and other ecological factors most conducive to the conservation and
management of the monkey-eating eagle and other requirements for the implementa-
tion of this Act, there is hereby authorized to be appropriated out of any funds in the
National Treasury not otherwise appropriated, the sum of One Hundred Thousand
Pesos (P100,000.00) for the first year after the approval of this Act and subsequent
appropriations shall be included in the General Appropriations Act.
SEC. 5. Any person violating any provision of this Act shall be punished by a
penalty of prision correccional or by a fine of not less than Six Hundred Pesos (P600.00),
nor more than One Thousand Pesos (P1,000.00), or by both such imprisonment and fine
at the discretion of the Court. In case of any subsequent offense, the court shall impose
both the imprisonment and the fine. In case of insolvency, the corresponding subsidiary
imprisonment shall be suffered.
SEC. 6. All Acts, part of Acts, orders, rules and regulations inconsistent with the
provisions of this Act are hereby repealed.
SEC. 7. This Act shall take
effect upon its approval.
Approved: November 9, 1970.
Protection of Wild Flowers
62
(Republic Act 3983)
SECTION 1. Except as provi-
ded in this Act, it shall be unlawful
for any person in the Philippine
Islands to take, collect, kill, mutilate,
or have in his or her possession,
living or dead, or to purchase, offer
or expose for sale, transport, ship, or
export, alive or dead, any protected
flowering plant, fern, orchid, lycopod
or club moss or other wild plants in
the Philippines.
SEC. 2. It shall be the duty of “Weeds are flowers too, once you get to know them.”— A.
the Secretary of Environment and A. Milne Eeyore from Winnie the Pooh
Natural Resources to issue and (A. Oposa, Flowers in Pulo)
promulgate regulations which shall
_______________________
62
The Philippines is a party to the Convention of International Trade and Endan-
gered Species (CITES).
215
LAND
specify from time to time the classes or species of the rare and flowering plants, includ-
ing orchids, ferns, lycopods or club mosses (known in some localities as buntot pusa or
palawit), which shall be protected under this Act; and to issue such other regulations as
may be necessary prescribing the conditions governing the collection, alive or dead,
possession, destruction, killing, transportation, sale or exposure for sale or export, alive
or dead, of any of the Protected Wild Plants in the Philippines.
SEC. 3. The rules so promulgated shall also specify the bureau or office of the
Department of Environment and Natural Resources, to which the duty of carrying out
the purposes of this Act may be delegated by the Department Head; shall fix the fees for
the collection of individual species or group of species of protected wild plants; and may
be made applicable to the whole Philippine Islands or any specified locality or localities
and may be continued in force indefinitely or for a given number of years or for any
specific portion or portions of each successive year.
SEC. 4. The Secretary of Environment and Natural Resources is hereby empow-
ered to issue licenses for the collection, possession, transportation, sale, or export of
such protected wild plants as should be collected only by licensed collectors, upon pay-
ment of the fees to be fixed in accordance with this Act. Such licenses shall specify the
number and kind of plants which may be collected, and the conditions under which they
may be kept or disposed of. The Secretary of Environment and Natural Resources may
issue a special permit for the possession of very rate specimens.
SEC. 5. A permit may be granted by the Secretary of Environment and Natural
Resources free of charge to any person of good repute of legal age, permitting the holder
to collect specimens of protected wild plants for scientific or educational purposes. Such
permits shall be in force for a period of one year only and shall be subject to such condi-
tions as the Secretary of Environment and Natural Resources may deem wise to impose
for the proper carrying out of the purposes of this Act. Upon proof that the holder of
such permit has taken, killed, or destroyed any protected wild plant in whole or in part
for other than a scientific or educational purpose, he shall be subject to the same pen-
alty as if he had no permit.
SEC. 6. No license or permit shall be granted under the provisions of this Act
except to citizens of the Philippine Islands or of the United States, or to associations or
corporations that are duty registered or incorporated under the laws of the Philippine
Islands or of the United States or of any state thereof and authorized to transact busi-
ness in the Philippine Islands and sixty-one percent of whose capital stock or interest in
said capital stock is owned wholly by citizens of the Philippine Islands or of the United
States, or to citizens of countries the laws of which allow similar rights to citizens of the
Philippine Islands.
SEC. 7. The making of any false statement upon the application blank for a col-
lecting license or permit shall subject the offender both to the forfeiture of his license or
permit and to the other penalties hereinafter provided.
SEC. 8. The taking, collection, destruction, or mutilation of orchids, ferns, and
lycopods or club mosses and such other plants as may be designated by the Secretary of
216
PROTECTION OF WILD FLOWERS
Environment and Natural Resources is prohibited within a distance of one hundred

meters from any public highway or trail; Provided, however, That this prohibition shall
not apply to the owner of land on which such plants may be found or the duly author-
ized agent of the owner.
SEC. 9. Members of the Phi-
lippine Constabulary; members of
municipal and municipal district po-
lice, and such foresters, rangers, and
forest guards of the Bureau of Fores-
try; botanists, geologists, and field
chemists of the Bureau of Science;
public lands inspectors, special
attorneys and surveyors of the Bu-
reau of Lands; agronomists and plant
inspectors of the Bureau of Plant
Industry; and other competent per-
sons as may be designated in writing
by the Secretary of Environment and
Natural Resources, are hereby made
deputy wardens of protected wild
plants and are hereby given full aut-
hority and directed to enforce the
provisions of this Act and the regu-
lations promulgated thereunder and
to arrest offenders against the same.
SEC. 10. Any person, associa-
tion, or corporation violating this Act
or any order or regulation deriving
force from its provisions shall be
punished for each offense by a fine of
not less than Ten Pesos (P10.00) nor “I am the Lorax, I speak for the trees, for the trees
more than Two Hundred Pesos have no tongues.” — Dr. Suess
(P200), or by imprisonment, in the (G. Tapan)
discretion of the court; Provided,
That in the case of an association or corporation, the president or manager shall be di-
rectly responsible for the acts of his employees or laborers if it is proven that the latter
acted with his knowledge; otherwise the responsibility shall extend only as far as fine is
concerned; Provided, further, That all plants gathered or collected in violation of this Act
shall be forfeited to the government.
SEC. 11. This Act shall take effect on its approval.
Approved, December 3, 1932.
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Prospecting of Biological and Genetic Resources

(Executive Order No. 247)
WHEREAS, Section 16, Article II of the Philippine Constitution, vests in the State
the ultimate responsibility to preserve and protect the environment; and Section 2,
Article XII provides that
wildlife, flora and fauna,
among others, are owned by
the State and the disposi-
tion, development, and utili-
zation thereof are under its
full control and supervision;
WHEREAS, it is in the
interest of the State’s con-
servation efforts to ensure
that the research, collection,
and use of species, genes, and
their products be regulated;
and to identify and recognize
the rights of indigenous cul-
tural communities and other
Philippine communities to
their traditional knowledge
and practices when this infor-
mation is directly and indi-
rectly put to commercial use;
WHEREAS, under Arti-
cle XVI of the Convention on
Biological Diversity of which “The human spirit needs places where nature has not been
the Philippines is a party, rearranged by the hand of man.”— Author Unknown
each contracting party is
(Digital Vision)
mandated to take legislative,
administrative, or policy measures, as appropriate, with the aim that contracting parties,
in particular those that are developing countries, which provide genetic resources are
provided access to and transfer of technology which makes use of those resources, on
mutually agreed terms, including technology protected by patents and other intellectual
property rights;
WHEREAS, the Department on Environment and Natural Resources (DENR) is
the primary government agency responsible for the conservation, management, devel-
opment, and sustainable use of the country’s environment and natural resources; the
Department of Science and Technology (DOST), the primary agency mandated to pro-
218
PROSPECTING OF BIOLOGICAL AND GENETIC RESOURCES
mote local capability in science and technology to achieve technological self-reliance in

selected areas vital to national development; the Department of Agriculture (DA), the
agency responsible for the promotion of sustainable agriculture and aquatic resource
development; the Department of Health (DOH), the agency responsible for the formula-
tion, planning, implementation, and coordination of policies and programs in the field of
health, including the research, regulation, and development of drugs and medicine; the
Department of Foreign Affairs (DFA), the agency responsible for promoting interna-
tional relations;
WHEREAS, an inter-agency approach is the most appropriate way of regulating
the research, collection, exploitation, and use of biological and genetic resources;
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the Philip-
pines, by virtue of the powers vested in me by Law and the Constitution, do hereby order:
SECTION 1. Policy of the State.—It shall be the policy of the State to regulate
the prospecting of biological and genetic resources so that these resources are protected
and conserved, are developed and put to the sustainable use and benefit of the national
interest. Further, it shall promote the development of local capability in science and
technology to achieve technological self-reliance in selected areas.
SEC. 2. Consent of Indigenous Cultural Communities—
a. Prospecting of biological and genetic resources shall be allowed within the an-
cestral lands and domains of indigenous cultural communities only with the prior in-
formed consent of such communities; obtained in accordance with the customary laws of
the concerned community.
b. Prospecting of biological and genetic resources shall be allowed only with the
prior informed consent of the concerned local communities.
SEC. 3. When Research Agreement Is Necessary—The prospecting of biological
and genetic resources shall be allowed when the person, entity, or corporation, foreign
or domestic, undertaking such activities, on recommendation of the Inter-Agency Com-
mittee on Biological and Genetic Resources, has entered into a Research Agreement
with the Philippine government, represented by the DENR, DOH, DA, or DOST, de-
pending on the nature and character of the prospecting activity. For purposes of this
Executive Order, traditional uses of biological resources by indigenous and local com-
munities shall not require a Research Agreement.
If the research and collection of biological and genetic resources is intended, di-
rectly or indirectly, for commercial purposes, the agreement must be a Commercial
Research Agreement. For purposes of this Executive Order, all Research Agreements
with private persons and corporations, including all agreements with foreign or interna-
tional entities, shall conform with the minimum requirements of a Commercial Re-
search Agreement.
If the prospecting of biological and genetic materials is intended primarily for aca-
demic purposes, the agreement shall be an Academic Research Agreement. Only duly-
219
LAND
recognized Philippine universities and academic institutions, domestic governmental

entities, and intergovernmental entities may apply for an Academic Research Agree-
ment.
Where the Commercial or Academic Collector is merely an agent or merely collect-
ing for another person or entity, the agreement between the Commercial Collector and
the Principal must be reviewed by the Inter-Agency Body to determine the latter
agreement does not undermine the substantive requirements of this Executive Order.
SEC. 4. Application for Academic Research Agreement and Commercial Research
Agreement.—The applicant shall first submit an application for a Research Agreement to
the Inter-Agency Committee
on Biological and Genetic
Resources through the Pro-
tected Areas and Wildlife
Bureau (PAWB). It must
include a research proposal
stating the purpose, source
of funds, duration, and a list
of biological and genetic
materials and the amount to
be taken. The requisites for
research agreements are in
Appendix B.
For Academic Research
Agreements, the proposal
may be broader and more
general in character as
provided in Section 5 (m).
A copy of the proposal
must be submitted to the
recognized head of the local
Flow, flow, flow, the current of life is ever onward.—
or indigenous cultural com- Kobodashi
munity or communities that (A. Oposa)
may be affected. Action on
the proposal shall be made only after 60 days has lapsed after a copy of the proposal is
received by the persons concerned.
SEC. 5. Minimum Terms of the Commercial Research Agreement and Academic
Research Agreement.—The Minimum Terms of the Commercial Research Agreement
and Academic Research Agreement are as follows:
a. There must be a limit on samples that the Commercial/Academic Collector
may obtain and export and that the approved list and amount of the samples taken
from the area must be followed strictly;
220
b. A complete set of all specimens collected shall be deposited by the Commer-

cial/Academic Collector with the National Museum or a duly designated governmental
entity; Provided, That holotypes designated by the author must be maintained at the
National Museum;
c. Access to collected specimens and relevant data shall be allowed to all Filipino
citizens and the Philippine governmental entities whenever these specimens are depos-
ited in depositories abroad;
d. The Commercial/Academic Collector, or in appropriate cases, its Principal,
must inform the Philippine government, as well as the affected local and indigenous
cultural communities all discoveries from the activity conducted in the Philippines, if a
commercial product is derived from such activity;
e. The agreement shall include a provision for the payment of royalties to the na-
tional government, local or indigenous cultural community an individual person or
designated beneficiary in case commercial use is derived from the biological and genetic
resources taken. Where appropriate and applicable, other forms of compensation may
be negotiated:
f. There shall be a provision allowing the Philippine government to unilaterally
terminate the agreement whenever the Commercial/Academic Collector has violated
any of its terms. The Agreement may also be revoked on the basis of public interest and
welfare;
g. A status report of the research and the ecological state of the area and/or species
concerned shall be submitted to the Inter-Agency Committee regularly as agreed upon;
h. If the Commercial Collector or its Principal is a foreign person or entity, it
must be stipulated that scientists who are citizens of the Philippines must be actively
involved in the research and collection process and, where applicable and appropriate
as determined by the Inter-Agency Committee, This involvement shall be at the cost of
the Commercial Collector;
i. The Commercial Collector and/or its Principal shall be encouraged to avail of
the services of Philippine universities and academic institutions. Where applicable and
appropriate, the Commercial Collector and/or its Principal shall be required to transfer
equipment to a Philippine institution or entity;
j. A fixed fee must be paid to the DENR in accordance with a schedule of fees for-
mulated by the Inter-Agency Committee;
k. The maximum term for a Commercial Research Agreement shall be for three
years and renewable upon review by the Inter-Agency Committee; and
l. In case of endemic species, there must be a statement that the technology must
be made available to a designated Philippine institution and can be used commercially
and locally without paying royalty to a Collector or Principal. Provided, however, That
where appropriate and applicable, other agreements may be negotiated. Provided, fur-
ther, that the following terms shall be considered in an Academic Research Agreement:
221
LAND
m. The Academic Research Agreement may be comprehensive in scope and cover

as may areas as may be projected. It may stipulate that all scientists and researchers
affiliated with a duly-recognized university, academic institution, governmental and
intergovernmental entity need not apply for a different Research Agreement but may
conduct research and collection activities in accordance with an existing Academic Re-
search Agreement. In such cases, the university, academic institution and governmen-
tal entity shall ensure that all the terms and conditions of the government are complied
with by the affiliated scientist or researcher. In all cases, the university institution or
governmental entity must ensure that affected communities have given their prior
informed consent to the activities to be undertaken;
n. There must be a provision requiring the Academic Collector to apply for a com-
mercial research agreement when it becomes clear that the research and collection
being done has commercial prospects;
o. A minimal fee must be paid to the Philippine government in accordance with a
schedule of fees by the Inter-Agency Committee; and
p. The maximum term for an Academic Research Agreement shall be for five
years and renewable upon review by the Inter-Agency Committee.
SEC. 6. Composition and Functions of the Inter-Agency Committee on Biological
and Genetic Resources.—An Inter-Agency Committee on Biological and Genetic Re-
sources attached to the DENR is hereby created as the regulatory body to ensure that
the provisions of this Executive Order are enforced and implemented. The Inter-Agency
Committee shall be composed of the following:
1. An Undersecretary of the Department of Environment and Natural Resources
designated by the DENR Secretary who shall be the Chairperson of the Committee.
2. An Undersecretary of the Department of Science and Technology (DOST) des-
ignated by the DOST Secretary who shall be co-chairperson of the Committee.
3. A permanent representative of the Secretary of the Department of Agriculture,
who must be knowledgeable about biodiversity or biotechnology.
4. Two permanent representatives of the Philippine science community from the
academe and who must be experts in any of the following fields: biodiversity, biotechnol-
ogy, genetics, natural products chemistry or similar disciplines, shall be appointed by the
DOST Secretary after nominations from and consultations with the science community.
5. A permanent representative of the Secretary of the Department of Health who
must be knowledgeable about pharmaceutical research and development.
6. A permanent representative of the Department of Foreign Affairs who has to
facilitate international linkage relative to bioprospecting.
7. A permanent representative of the National Museum who has expertise on
natural history and/or biological diversity.
8. A representative from a non-government organization (NGO) active in biodi-
versity protection to be selected by the NGO community through a process designed by
themselves and later endorsed by the Philippine Council of Sustainable Development.
222
9. A representative from a People’s Organization (PO) with membership consist-

ing of indigenous cultural communities and/or their organizations to be selected by the
PO community through a process designed by themselves and through the endorsement
of the Philippine Council for Sustainable Development.
All members of the Inter-Agency Committee shall serve for a period of three years
which may be renewed for another three years. In case of death, resignation, removal or
other circumstance which requires the replacement of a member, said member may be
succeeded by another person with the same qualifications and appointed in a similar
process. The replacement shall serve the unexpired term of the member replaced.
A Technical Secretariat, to be headed by the PAWB, shall be created to support
the work of the Inter-Agency Committee. The Technical Secretariat shall be staffed
with personnel from the PAWB and other agencies who shall be designated by the me-
mbers of the Inter-Agency Committee.
SEC. 7. Powers and Functions of the Inter-Agency Committee.—The Inter-
Agency Committee shall meet at least once every quarter and shall have the following
functions:
a. Process applications for Research Agreements and recommend for approval
thereof to the Secretary of DENR, DOH, DA, or DOST depending on the nature and
character of the prospecting activity;
b. Ensure that the conditions for the Research Agreements are strictly observed;
c. Determine the list and amount of biological and genetic materials that may be
taken from the area and ensure that these are complied with;
d. Deputize and train appropriate agencies so as to ensure that no biological and
genetic materials are taken from the Philippines and exported abroad except under a
valid Research Agreement. It shall also be ensured that the specimens collected have
been deposited in the Philippines;
e. Ensure that the rights of the indigenous and local communities wherein the
collection or researches are being conducted are protected, including the verification
that the consent requirements in Sections 3 and 4 are complied with. The Inter-Agency
Committee, after consultations with the affected sectors, shall formulate and issue
guidelines implementing the provision on prior informed consent;
f. Study and recommend to the President and the Congress appropriate laws on
the utilization of biological and genetic resources including new laws on intellectual
property rights;
g. Involve local scientists in the decision making process by creating a Multi-
Disciplinary Advisory Body and other entities as may facilitate local involvement in the
research, collection and utilization of biological and genetic resources;
h. Develop a conceptual framework, using the research agreements entered into
as well as other data as basis, for significantly increasing knowledge of Philippine bio-
diversity. The Inter-Agency Committee shall establish mechanisms to ensure the inte-
223
LAND
gration and dissemination of the information generated from research, collection and
utilization activities;
i. Coordinate with the National Committee on Biosafety when necessary or ap-
propriate;
j. Issue rules and regulations to effectively carry out the provisions of this Execu-
tive Order; and
k. Perform such other func-
tions as may be necessary to im-
plement this Executive Order.
All decisions of the Inter-
Agency Committee must be by a
majority of all its members.
SEC. 8. Monitoring Imple-
mentation of the Research Agree- “There is a tragic clash between Truth and the
ment.—The Protected Areas and world. Pure undistorted truth burns up the world.” --
Wildlife Bureau (PAWB) of the Nikolai Berdyaev
DENR shall be the lead agency in
monitoring the implementation of
the research agreement. The re-
gional offices of the DENR shall
also participate in the monitoring.
SEC. 9. Appeals.—Decisions
of the Secretary (DENR, DA, DOH,
or DOST) may be appealed to the
Office of the President. Recourse to
the courts shall be allowed after It is not so much for its beauty that the forest makes
exhaustion of all administrative a claim upon men’s hearts, as for that subtle some-
remedies. thing, that quality of air that emanation from old
SEC. 10. Sanctions and Pe- trees, that so wonderfully changes and renews a
nalties.—Undertaking activities in weary spirit.—Robert Louis Stevenson
violation of this Executive Order (A. Oposa, Bugsuk Island)
shall be subjected to such criminal
penalties as may be proper under existing laws including the National Integrated Pro-
tected Areas System Act of 1992 and the Revised Forestry Code. Failure to comply with
the provisions of the Research Agreements entered into under Sections 3, 4, and 5 shall
be a valid cause of immediate termination of the Agreement and the imposition of a
perpetual ban on undertaking prospecting of biological and genetic resources in the
Philippines.
SEC. 11. Existing Researches, Contracts Agreements.—All existing research pro-
jects, where allowed under existing law, may proceed pending the negotiation and entry
into force of appropriate research agreement. All valid and existing contracts and
agreements entered into by the PAWB, the National Museum or other governmental
224
TREE PLANTING
entities shall remain valid and effective; Provided, That the parties shall be required to
enter into a new agreement conforming to this Executive Order.
SEC. 12. Official Depository.—The official depository of all original and official
documents such as agreements and minutes of the meeting is the PAWB.
SEC. 13. Funding.—The activities
of the Inter-Agency Committee on Biologi-
cal and Genetic resources shall be funded
in accordance with law. Such funding,
where allowed by law, may include savings
coming from the appropriate and con-
cerned Departments and proceeds from the
fees imposed on the Research Agreements.
SEC. 14. Effectivity.—This Execu-
tive Order and rules and regulations take
effect immediately upon publication in two
newspapers of general circulation and
upon filing of three certified copies with
the U. P. Law Center.
SEC. 15. Implementing Rules and
Regulations.—The implementing rules and
regulations shall be formulated by the In-
ter-Agency Committee and signed by the
Secretary of DENR not later than three
“Trees give peace to the souls of men.”—Nora months after the effectivity of the Executive
Waln Correspondent 1895-1964
Order.
(A. Oposa)
Done in the City of Manila, on this
18th day of May, 1995.
Tree Planting
Requiring the Planting of Trees in Certain Places
(Presidential Decree No. 953)
Whereas, the planting of trees on lands adjoining the edge of rivers and creeks is
both a measure of beautification and reforestation; and
Whereas, the planting of trees along roads and areas intended for the common use
of owners of lots in subdivisions will provide shade and healthful environment therein;
the powers vested in me by the Constitution, do hereby order and decree:
SECTION 1. The following shall plant trees:
1. Every person who owns land adjoining a river or creek shall plant trees ex-
tending at least five meters on his land adjoining the edge of the bank of the river or
225
LAND
creek, except when such land, due to its permanent improvement, cannot be planted
with trees;
2. Every owner of an existing subdivision shall plant trees in the open spaces re-
quired to be reserved for the common use and enjoyment of the owners of the lots
therein as well as along all roads and service streets. The subdivision owner shall con-
sult the Bureau of Forest Development as to the appropriate species of trees to be
planted and the manner of planting them; and
3. Every holder of a license agreement, lease, license or permit from the govern-
ment involving occupation and utilization of forest or grazing land with a river or creek
therein, shall plant trees extending at least twenty (20) meters from each edge of the
bank of the river or creek.
The persons hereinabove required to plant trees shall take good care of them, and,
from time to time, remove any tree planted by them in their respective areas which has
grown very old, is diseased, or is defective, and replant with trees their respective areas
whenever necessary.
SEC. 2. Every owner of land subdivided into residential/commercial/industrial
lots after the effectivity of this Decree shall reserve, develop, and maintain not less than
thirty percent (30%) of the total area of the subdivision, exclusive of roads, service
63
streets and alleys, as open space for parks and recreational areas.
No plan for a subdivision shall be approved by the Land Registration Commission
or any office or agency of the government unless at least thirty percent (30%) of the
total area of the subdivision, exclusive of roads, service streets and alleys, is reserved as
open space for parks and recreational areas and the owner thereof undertakes to de-
velop such open space, within three (3) years from the approval of the subdivision plan,
in accordance with the development plan approved by the Bureau of Forest Develop-
ment and to maintain such parks and recreational areas.
SEC. 3. Any person who cuts, destroys, damages, or injures naturally growing or
planted trees of any kind, flowering or ornamental plants and shrubs, or plants of sce-
nic, aesthetic, and ecological values, along public roads, in plazas, parks other than
national parks, school premises or in any other public ground or place, or on banks of
rivers or creeks, or along roads in land subdivisions or areas therein for the common use
of the owners of lots therein, or any species of vegetation or forest cover found therein
shall, be punished with imprisonment for not less than six months and not more than
two years, or a fine of not less than Five Hundred Pesos (P500.00) and not more than
Five Thousand Pesos (P5,000.00), or with both such imprisonment and fine at the dis-
cretion of the court, except when the cutting, destroying, damaging or injuring is neces-
sary for public safety or the pruning thereof is necessary to enhance beauty, and only
upon the approval of the duly authorized representative of the head of agency or politi-
cal subdivision having jurisdiction therein, or of the Director of Forest Development in
the case of trees on banks of rivers and creeks, or of the owner of the land subdivision in
_______________________
63
The open space requirement has been modified by B.P. Blg. 220.
226
TREE PLANTING
the case of trees along roads and in other areas therein for the common use of owners of
lots therein. If the offender is a corporation, partnership or association, the penalty
shall be imposed upon the officer or officers thereof responsible for the offense, and if
such officer or officers are aliens, in addition to the penalty herein prescribed, he or they
shall be deported without further
proceedings before the Commission
on Immigration and Deportation.
Nothing in this Decree shall prevent
the cancellation of a license agree-
ment, lease, license or permit from
the government, if such cancellation
is prescribed therein or in govern-
ment regulations for such offense.
SEC. 4. Any person who
shall violate any provision of Section
1 hereof, or any regulation promul-
gated thereunder, shall be punished
with imprisonment for not less than
six months but not more than two
years, or with a fine of not less than
Five Hundred Pesos (P500.00) but
not more than Five Thousand Pesos
(P5,000.00), or with both such im-
prisonment and fine at the discre-
tion of the court. If the offender is a
public officer or employee, he shall,
in addition, be dismissed from the
public service and disqualified per- “A tree is the climax species of the plant kingdom
petually to hold public office. as man is the climax species of the animal king-
SEC. 5. Any person who shall dom.—Anonymous
violate the provision of Section 2 (A. Oposa)
hereof, or any regulation promulga-
ted thereunder, shall be punished with imprisonment for not less than two (2) years but
not more than five (5) years, or with a fine equivalent to the value, at current valuation, of
the area representing thirty percent (30%) of the total area of the subdivision, or both
such fine and imprisonment at the discretion of the Court.
SEC. 6. The Director of Forest Development shall issue such rules and regula-
tions as may be necessary to carry out the purposes of this Decree.
SEC. 7. All laws, rules and regulations, or parts thereof, inconsistent herewith
are hereby repealed.
SEC. 8. This Decree shall take effect upon its promulgation.
Done in the City of Manila, this 6th day of July, 1976.
227
LAND
List of Endangered Species (DAO 2004-15)
Pursuant to Sections 5 & 22 of Republic Act No. 9147 otherwise known as the
Wildlife Conservation and Protection Act, the preliminary List of Threatened Wildlife,
including their different categories and
the List of Other Wildlife Species under
the jurisdiction of DENR are hereby
established.
SECTION 1. Definition of Terms.
—As used in this Order, the following
terms shall mean as follows:
1. Threatened Species—is a gene-
ral term to denote species or subspecies
considered as critically endangered, en-
dangered, vulnerable or other accepted
categories of wildlife whose population is
at risk of extinction;
2. Critically Endangered Species
—refers to a species or subspecies that is
facing extremely high risk of extinction
in the wild in the immediate future;
3. Endangered Species—refers to
species or subspecies that is not criti-
cally endangered but whose survival in
the wild is unlikely if the causal factors
continue operating;
4. Vulnerable Species—refers to
species or subspecies that is not critically
endangered nor endangered but is under
threat from adverse factors throughout
their range and is likely to move to the
“The peace of nature and of the innocent crea-
endangered category in the near future;
tures of God seem to be secure and deep, only
5. Other Threatened Species— so long as the presence of man and his restless
refers to species or subspecies that is not and unquiet spirit are not there to trouble its
critically endangered, endangered nor sanctity.” — Tomas De Quincey, “Prelimi-
vulnerable but is under threat from ad- nary Confessions” (1821-56) (G. Tapan)
verse factors, such as over collection,
throughout their range and is likely to move to the vulnerable category in the near future;
6. Other Wildlife Species—refers to non-threatened species that have the ten-
dency to become threatened due to predation and destruction of habitat or other similar
causes as may be listed by the Secretary upon the recommendation of the National
Wildlife Management Committee.
228
LIST OF ENDANGERED SPECIES
SEC. 2. The List of Threatened Wildlife and their Categories.

A. Critically Endangered Species
MAMMALS
Family Scientific Name Common Name

Bovidae Bubalus mindorensis Tamaraw
Cervidae Cervus alfredi Visayan spotted deer
Muridae Crateromys australis Dinagat hairy-tailed cloud rat
Crateromys paulus Ilin hairy-tailed cloud rat
Pteropodidae Dobsonia chapmani Philippine bare-backed fruit
bat
Dugongidae Dugong dugon Dugong
Suidae Sus cebifrons Visayan warty pig
BIRDS

Psittacidae Cacatua haematuropygia Philippine Cockatoo
Bucerotidae Aceros waldeni Walden’s hornbill
Anthracoceros montani Sulu hornbill
Dicaeidae Dicaeum quadricolor Cebu flowerpecker
Accipitridae Pithecophaga jefferyi Philippine eagle
Cuculidae Centropus steerii Black-hooded coucal
Sternidae Sterna bernsteini Chinese crested tern
Gruidae Grus antigone Sarus crane
Columbidae Phapitreron cinereiceps Tawi-tawi brown dove
Gallicolumba menagei Sulu bleeding-heart
Gallicolumba keayi Negros bleeding-heart
Gallicolumba platenae Mindoro bleeding-heart
Ptilinopus arcanus Negros fruit-dove
229
LAND
“I am not nearly so interested in what monkey man

was derived from as I am in what kind of monkey he
is to become.” — Loren Eiseley
(G. Tapan)
REPTILES

Cheloniidae Eretmoche lys imbricata Hawksbill turtle
Bataguridae Heosemys leytensis Philippine pond turtle
Crocodylidae Crocodylus mindorensis Philippine crocodile
Varanidae Varanus mabitan Panay monitor lizard
CITES-LISTED SPECIES (APPENDIX I)
All species of fauna and flora listed under Appendix I of the Convention on
International Trade in Endangered Species of Wild Fauna and Flora (CITES)
B. Endangered Species
MAMMALS

Pteropodidae Acerodon jubatus Golden-crowned fruit bat
Nyctimene rabori Philippine tube-nosed fruit bat
Cervidae Cervus calamianensis Calamian deer
Muridae Crateromys heaneyi Panay bushy-tailed cloud rat
Suidae Sus sp. A from the Sulu
Archipelago
230
BIRDS

Bucerotidae Penelopides panini Visayan tarictic hornbill
Penelopides mindorensis Mindoro hornbill
Pycnonotidae Hypsipetes siquijorensis Streak-breasted bulbul
(=Ixos siquijorensis ) (=Mottle-breasted bulbul)
Psittacidae Prioniturus verticalis Blue-winged racket-tail
Ciconiidae Ciconia boyciana Japanese white stork
Muscicapidae Rhinomyias albigularis White-throated jungle fly-
catcher
Stachyris speciosa Flame-templed babbler
(=Dasycrotapha speciosa)
Turdidae Copsychus cebuensis Black shama
Rhyacornis bicolor Luzon water-redstart
Columbidae Gallicolumba criniger Mindanao bleeding-heart
Ardeidae Gorsachius goisagi Japanese night-heron
Scolopacidae Tringa guttifer Nordmann’s greenshank
REPTILES

Cheloniidae Caretta caretta Loggerhead turtle
Chelonia mydas Green sea turtle
Lepidochelys olivacea Olive ridley sea turtle
Dermochelys coriacea Leatherback turtle
Bataguridae Heosemys spinosa Spiny terrapin
Trionychidae Pelochelys cantorii Southeast Asian softshell Tur-
tle
AMPHIBIANS

Ranidae Platymantis negrosensis Negros forest tree frog
Platymantis polilloensis Polillo forest tree frog
231
LAND

Platym antis spelaeus Negros limestone frog
Platymantis subterrestris Mt. Data cloud frog
CITES-LISTED SPECIES (APPENDIX II)
All species of fauna and flora listed under Appendix II of the Convention on Inter-
national Trade in Endangered Species of Wild Fauna and Flora (CITES)
C. Vulnerable Species
MAMMALS

Pteropodidae Acerodon leucotis Palawan flying fox
Pteropus dasymallus Wooly flying fox
Pteropus speciosus Philippine gray flying fox
Pteropus leucopterus White-winged fruit bat
Muridae Archboldomys luzonensis Isarog shrew-mouse
Crateromys schadenbergi Bushy tailed-cloud rat
Phloeomys cumingi Southern Luzon giant cloud
rat
Batomys russatus Dinagat hairy-tailed rat
Cervidae Cervus mariannus Philippine brown deer
Manidae Manis culionensis Palawan pangolin
Erinaceidae Podogymnura aureo- Dinagat gymnure
spinula
Felidae Prionailurus bengalensis Leopard cat
Suidae Sus barbatus Bearded pig
Sus philippensis Philippine warty pig
Tragulidae Tragulus napu Mouse deer
Pteropodidae Pteropus sp. A from Min-
doro Island
Haplonycteris sp. A from
Sibuyan Island
232
BIRDS

Columbidae Ducula carola Spotted imperial pigeon
Ducula mindorensis Mindoro imperial-pigeon
Ptilinopus marchei Flame-breasted fruit dove
Ducula pickeringii Grey imperial-pigeon
Caloenas nicobarica Nicobar pigeon
Ducula poliocephala Pink-bellied imperial-pigeon
Gallicolumba luzonica Luzon bleeding-heart pigeon
Ptilinopus merrilli Cream-bellied fruit dove
Treron formosae Whistling green-pigeon
Alcedinidae Ceyx melanurus Philippine dwarf kingfisher
Alcedo argentata Silvery kingfisher
Todiramphus winchelli Rufous-lored kingfisher
Actenoides hombroni Blue-capped kingfisher
Muscicapidae Muscicapa randi Ashy-breasted flycatcher
Ficedula platenae Palawan flycatcher
Rhinomyias insignis White-browned jungle
flycatcher
Ficedula basilanica Little slaty flycatcher
Hypothymis coelestis Celestial blue monarch
Campephagidae Coracina ostenta White-winged cuckoo-shrike
Coracina mcgregori Mcgregor’s cuckoo-shrike
Dicaeidae Dicaeum haematostictum Visayan flowerpecker
Dicaeum retrocinctum Scarlet-collared flowerpecker
Eurylaimidae Eurylaimus samarensis Visayan broadbill
Eurylaimus steerii Mindanao broadbill
Picidae Picoides ramsayi Sulu woodpecker
Chloropseidae Chloropsis flavipennis Philippine leafbird
Pittidae Pitta steerii Azure-breasted pitta
Pitta kochi Koch’s pitta
Estrildidae Erythrura viridifac ies Green-faced parrotfinch
233
LAND

Turdidae Zoothera cinerea Ashy thrush
Rhyacornis bicolor Luzon water-redstart
Timaliidae Ptilocichla falcate Falcated wren-babbler
Phasianidae Polyplectron emphanum Palawan peacock-pheasant
Bucerotidae Anthracoceros marchei Palawan hornbill
Aceros leucocephalus Writhed hornbill
Buceros hydrocorax Rufous hornbill
Psittacidae Prioniturus platenae Blue-headed racket-tail
Prioniturus luconensis Green-headed racket-tailed
parrot
Tanygnathus lucionensis Blue-naped parrot
Strigidae Bubo philippensis Philippine eagle-owl
Mimizuki gurneyi Giant scops-owl
Accipitridae Spizaetus philippensis Philippine hawk-eagle
Ichthyophaga ichthyaetus Grey-headed fish-eagle
Silviidae Acrocephalus sorghophi- Streaked reed-warbler
lus
Phylloscopus ijimae Ijima’s leaf-warbler
Ardeidae Egretta eulophotes Chinese egret
Emberizidae Emberiza sulphurata Japanese yellow bunting
Scolopacidae Eurynorhynchus pyg- Spoon-billed sandpiper
maeus
Numenius tahitiensis Bristle-thighed curlew
Charadriidae Charadrius peronii Malaysian plover
Sturnidae Gracula religiosa Palawan hill myna
Anatidae Anas luzonica Philippine duck
Anhingidae Anhinga melanoga ster Darter
Megapodiidae Megapodius cumingii Tabon scrubfowl
234
REPTILES

Varanidae Varanus olivaceus Gray’s monitor lizard
Varanus salvator cumingi Malay monitor lizard
(Mindanao population)
Varanus salvator marmo- Malay monitor lizard
ratus (Northern Philippine
population)
Varanus salvator Malay monitor lizard
nuchalis (Central Visayas population)
AMPHIBIANS

Ichthyophiidae Ichthyophis glandulosus Basilan caecilian
Ichthyophis mindanaoensis Mindanao caecilian
Bufonidae Ansonia mcgregori Macgregor’s slender toad
Ranidae Limnonectes magnus Mindanao fanged Frog
Platymantis hazelae Hazel’s forest frog
Platymantis insulatus Gigante island
limestone frog
Platymantis lawtoni Lawton’s forest frog
Platymantis rabori Rabor’s forest frog
Rana igorota Taylor’s igorot frog
Rhacophoridae Philau tus schmackeri Mindoro tree frog
D. Other Threatened Species

MAMMALS

Viverridae Arctictis binturong Binturong
Cynocephalidae Cynocephalus volans Flying lemur
Cercopithecidae Macaca fascicularis Philippine macaque
Pteropodidae Pteropus vampyrus Giant flying fox
Tarsiidae Tarsius syrichta Philippine tarsier
235
LAND
REPTILES

Varanidae Varanus salvator rudicol- Rough-necked monitor
lis
Agamidae Hydrosaurus postulatus Philippine sailfin Lizard
Boidae Python reticulates Reticulated python
Trimeresurus flavomacu- Batanes pit viper
latus
mcgregori
SEC. 3. The List of Other Wildlife Species
BIRDS

Oriolidae Oriolus isabellae Isabela oriole
AMPHIBIANS

Discoglossidae Barbourula busuangensis Philippine flat-headed frog
SEC. 4. Interpretation.—In case of conflict between the scientific name and the
common name in the actual application, the scientific name shall be the controlling
interpretation.
SEC. 5. Species under
more than one category.—In
case of conflict between the
enumeration of species in this
Order and the CITES Appen-
dices, the listing in this Order
shall prevail. However, for
conservation purposes other
than the application of penal-
ties under Section 28 of Re-
public Act 9147, the higher
category shall apply.
SEC. 6. Review and
Updating of the List—The “Fish say, they have their Stream and Pond; But is there
Secretary, in consultation with anything Beyond”? — Rupert Brooke
scientific authorities, the (Y. Lee)
236
AGRICULTURE
academe and other stakeholders, shall regularly review and update or as the need arises
the herein list of wild fauna and flora; Provided that a species listed as threatened shall
not be removed therefrom within three years following its initial listing.
SEC. 7. Effectivity.—This Order shall take effect fifteen (15) days after publica-
tion in a newspaper of national circulation.
Agriculture
Agriculture and Fisheries Modernization (Republic Act 8435)
SECTION 1. Short Title.—This act shall be known as the “Agriculture and

Fisheries Modernization Act of 1997.”
SEC. 2. Declaration of Policy.—The goals of the national economy are more eq-
uitable distribution of op-
portunities, income and
wealth; a sustained in-
crease in the amount of
goods and services pro-
duced by the nation for the
benefit of the people; and
an expanding productivity
as the key to raising the
quality of life for all, espe-
cially the underprivileged.
The State shall pro-
mote industrialization and
full employment based on
sound agricultural deve-
lopment and agrarian re-
form, through industries
that make full and effi- “Agriculture is the first form of culture.”— Will Durant
cient use of human and
(A. Oposa)
natural resources, and
which are competitive in both domestic and foreign markets. In pursuit of these goals,
all sectors of the economy and all regions of the country shall be given optimum op-
portunity to develop. Private enterprises, including corporations, cooperatives, and
similar collective organizations, shall be encouraged to broaden the base of their owner-
ship.
Thus, it is hereby declared the policy of the State to enable those who belong to the
agriculture and fisheries sectors to participate and share in the fruits of development
and growth in a manner that utilizes the nations resources in the most efficient and
sustainable way possible by establishing a more equitable access to assets, income,
basic and support services and infrastructure.
237
LAND
The State shall promote food security, including sufficiency in our staple food,
namely rice and white corn. The production of rice and white corn shall be optimized to
meet our local consumption and shall be given adequate support by the State.
The State shall adopt the mar-
ket approach in assisting the agricul-
ture and fisheries sectors while rec-
ognizing the contribution of the said
sector to food security, environmental
protection, and balanced urban and
rural development, without neglect-
ing the welfare of the consumers,
especially the lower income groups.
The state shall promote market-
oriented policies in agricultural pro-
duction to encourage farmers to shift
to more profitable crops.
The state shall empower the
agricultural and fisheries sector to
develop and sustain themselves. To-
ward this end, the State shall un-
sure the development of the agricul-
ture and fisheries sectors in accor- “Forget not that the earth delights to feel your bare
dance with the following principles: feet and the wind longs to play with your hair.”—
a. Poverty Alleviation and So- Kahlil Gibran
cial Equity—The State shall ensure (A. Oposa)
that the poorer sectors of society
have equitable access to resources, income opportunities, basic and support services and
infrastructure especially in areas where productivity is low as a means of improving
their quality of life compared with other sectors of society;
b. Food Security—The State shall assure the availability, adequacy, accessibility
of food supplies to all at all times;
c. Rational Use of Resources—The State shall adopt a rational approach in the al-
location of public investments in agriculture and fisheries in order to assure efficiency
and effectiveness in the use of scarce resources and thus obtain optimal returns on its
investments;
d. Global Competitiveness—The State shall enhance the competitiveness of the
agriculture and fisheries sectors in both domestic and foreign markets;
e. Sustainable Development—The State shall promote development that is com-
patible with the preservation of the ecosystem in areas where agriculture and fisheries
activities are carried out. The State should exert care and judicious use of the country’s
natural resources in order to attain long-term sustainability;
238
AGRICULTURE
f. People Empowerment—The State shall promote people empowerment by ena-

bling all citizens through direct participation or through their duly elected, chosen or
designated representatives the opportunity to participate in policy formulation and
decision-making by establishing the appropriate mechanisms and by giving them access
to information; and
g. Protection from Unfair Competition—The State shall protect small farmers
and fisher folk from unfair competition such as monopolistic and oligopolistic practices
by promoting a policy environment that provides them priority access to credit and
strengthened cooperative-based marketing system.
SEC. 3. Statement of Objectives.—This Act shall have the following objectives:
a. To modernize the agriculture and fisheries sectors by transforming these sec-
tors from a resource-based to a technology-based industry;
b. To enhance profits and incomes in the agriculture and fisheries sectors, par-
ticularly the small farmers and fisherfolk, by ensuring equitable access to assets, re-
sources and services, and promoting higher-value crops, value-added processing, agri-
business activities, and agro-industrialization;
c. To ensure the accessibility, availability and stable supply of food to all at all
times;
d. To encourage horizontal and vertical integration, consolidation and expansion
of agriculture and fisheries activities, group functions and other services through the
organization of cooperatives, farmers’ and fisherfolk‘s associations, corporations, nu-
cleus estates, and consolidated farms and to enable these entities to benefit from
economies of scale, afford them a stronger negotiating position, pursue more focused,
efficient and appropriate research and development efforts and enable them to hire
professional managers;
e. To promote people empowerment by strengthening people’s organizations, co-
operatives and NGO’s and by establishing and improving mechanisms and resources for
their participation in government decision-making and implementation;
f. To pursue a market-driven approach to enhance the comparative advantage of
our agriculture and fisheries sectors in the world market;
g. To induce the agriculture and fisheries sectors to ascend continuously the
value-added ladder by subjecting their traditional or new products to further processing
in order to minimize the marketing of raw, unfinished or unprocessed products;
h. To adopt policies that will promote industry dispersal and rural industrializa-
tion by providing incentives to local and foreign investors to establish industries that
have backward linkages to the country’s agriculture and fisheries resource base;
i. To provide social and economic adjustment measures that increase productivity
and improve market efficiency while ensuring the protection and preservation of the
environment and equity for small farmers and fisherfolk; and
j. To improve the quality of life of all sectors.
239
LAND

“Agrarian Reform Community” is a barangay at the minimum or a cluster of con-
tiguous barangays where there is a critical mass of farmers or farm workers and which
features the main thrust of agrarian development land tenure improvement and effec-
tive delivery of support services.
“Agricultural Lands” refers to lands devoted to or suitable for the cultivation of the
soil, planting of crops, growing of trees, raising of livestock, poultry, fish or aquiculture
production, including the harvesting of such farm products, and other farm activities
and practices performed in conjunction with such farming operations by persons
whether natural or juridical and not classified by the law as mineral land, forest land,
residential land, commercial land, or industrial land.
“Agricultural Land Use Conversion” refers to the process of changing the use of ag-
ricultural land to non-agricultural uses.
“Agricultural Sector” is the sector engaged in the cultivation of the soil, planting of
crops, growing of fruit trees, raising of livestock, poultry, or fish, including the harvest-
ing and marketing off such farm products, and other farm activities and practices.
“Agricultural Mechanization” is the development, adoption, manufacture and ap-
plication of appropriate location-specific, and cost-effective agricultural technology us-
ing human, animal, mechanical, electrical and other non-conventional sources of energy
for agricultural production and post-harvest operations consistent with agronomic con-
ditions and for efficient and economic farm management.
“Agriculture and Fisheries Modernization” is the process of transforming the agri-
culture and fisheries sectors into one that is dynamic, technologically advanced and
competitive yet centered on human development guided by the sound practices of sus-
tainability and the principles of social justice.
“Agro-Processing Activities” refers to the processing of raw agricultural and fishery
products into semi-processed or finished products which include materials for the
manufacture for food and/or non-food products, pharmaceuticals and other industrial
products.
“Banks”, collective used, means government banks and private banks, rural banks
and cooperative banks.
“Basic Needs Approach to Development” involves the identification, production and
marketing of wage goods and services for consumption of rural communities.
“Communal Irrigation System (CIS)” is an irrigation system that is managed by a
bona fide Irrigators Association.
“Competitive Advantage” refers to competitive edge in terms of product quality
and/or price. It likewise refer to the ability to produce a product with the greatest rela-
tive efficiency in the use of resources.
240
AGRICULTURE
“Cooperatives” refers to duly registered associations of persons with a common

bond of interest who have voluntarily joined together to achieve a lawful common social
and economic end, making equitable contributions to the capital required and accepting
a fair share of the risks and benefits of the undertaking in accordance with universally
accepted cooperatives principles.
“Department” refers to the Department of Agriculture.
“Economic Scale “ refers to the minimum quantity of volume of goods required to
be efficient.
“Economies of Scale” refers to the decrease in unit cost as more units are produced
due to the spreading out of fixed costs over a greater number of units produced.
“Empowerment” involves providing authority, responsibility and information to
people directly engaged in agriculture and fishery production, primarily at the level of
the farmers, fisher folk and those engaged in food and non-food production and process-
ing, in order to give them wider choices and enable them to take advantage of the bene-
fits of the agriculture and fishery industries.
“Extension Services” refers to the provision of training, information, and support
services by the government and non-government organizations to the agriculture and
fisheries sectors to improve the technical, business, and social capabilities of farmers
and fisher folk.
“Farmer’s and Fisherfolk’s Organizations or Associations” refer to farmers and
fisherfolks cooperatives, associations or corporations duly registered with appropriate
government agencies and which are composed primarily of small agricultural producers,
farmers, farm, workers, agrarian reform beneficiaries, fisher folk who voluntarily join
together to form business enterprises or non-business organizations which they them-
selves own, control and patronize.
“Farm-to-Market Roads” refer to roads linking the agriculture and fisheries pro-
duction sites, coastal landing points and post-harvest facilities to the market and arte-
rial roads and highways.
“Fisheries“ refers to all systems or networks of interrelated activities which in-
clude the production, growing, harvesting, processing, marketing, developing, conserv-
ing, and managing of all aquatic resources and fisheries areas.
“Fisheries Sector” is the sector engaged in the production, growing, harvesting,
processing, marketing, developing, conserving, and managing of aquatic resources and
fisheries areas.
“Fishing” refers to the application of techniques using various gear in catching fish
and other fisheries products.
“Fishing Grounds” refers to areas in any body of water where fish and other
aquatic resources congregate and become target of capture.
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LAND
“Food Security” refers to the policy objective, plan and strategy of meeting the food
requirements of the present and future generations of Filipinos in substantial quantity,
ensuring the availability and affordability of food to all, either through local production
or importation, of both, based on the country’s existing and potential resource endow-
ment and related production advantages, and consistent with the over all national de-
velopment objectives and policies. However, sufficiency in rice and white corn should be
pursued.
“Fresh Agricultural And Fishery Products” refers to agricultural and fisheries
products newly taken or captured directly from its natural state or habitat, or those
newly harvested or gathered from agricultural areas or bodies of water used for aquicul-
ture.
“Global Competitiveness” refers to the ability to compete in terms of price, quality
and value of agriculture and fishery products relative to those of other countries.
“Gross Value-Added” refers to the total value, excluding the value of non-
agricultural of fishery intermediate inputs, of goods and services contributed by the
agricultural and fisheries sectors.
“Head works” refers to the composite parts of the irrigation system that divert wa-
ter from natural bodies of water such as river, streams, and lakes.
“Industrial Dispersal” refers to the encouragement given to manufacturing enter-
prises to establish their plants in rural areas. Such firms normally use agricultural raw
materials either in their primary or intermediate state.
“Irrigable Lands” refers to lands which display marked characteristics justifying
the operation of an irrigation system.
“Irrigated Lands” refers to lands services by natural irrigation or irrigation facili-
ties. These include lands where water is not readily available as existing irrigation
facilities need rehabilitation or upgrading or where irrigation water is not available
year-round.
“Irrigation System” refers to a system of irrigation facilities covering contiguous
areas.
“Irrigators’ Association (IA)” refers to an association of farmers within a contigu-
ous area served by a National Irrigation System or Communal Irrigation System.
“Land Use” refers to the manner of utilizing the land, including its allocation, de-
velopment and management.
“Land Use Plan” refers to a document embodying a set of policies accompanied by
maps and similar illustrations which represent the community-deserved pattern of
population distribution and a proposal for the future allocation of land to the various
land-using activities, in accordance with the social and economic objectives of the peo-
ple. It identifies the location, character and extent of the area’s land resources to be
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AGRICULTURE
used for different purposes and includes the process and the criteria employed in the
determination of the land use.
“Land Use Planning” refers to the act of defining the allocation, utilization, devel-
opment and management of all lands within a given territory or jurisdiction according
to the inherent qualities of the land itself and supportive of sustainable, economic,
demographic, socio-cultural and environmental objectives as an aid to decision-making
and legislation.
“Main Canal” refers to the channel where diverted water from a source flows to
the intended area to be irrigated.
“Market Infrastructure” refers to facilities including, but not limited to, market
buildings, slaughterhouses, holding pens, warehouses, market information centers,
connecting roads, transport and communication and cold storage used by the farmers
and fisher folk in marketing their produce.
“National Information Network (NIN)” refers to an information network which
links all offices and levels of the Department with various research institutions and
local end-users, providing easy access to information and marketing services related to
agriculture and fisheries.
“National Irrigation System (NIS)” refers to a major irrigation system managed by
the National Irrigation Administration.
“Network of Protected Areas for Agricultural and Agro-industrial Development
(NPAAD)” refers to agricultural areas identified by the Department through the Bureau
of Soils and Water Management in coordination with the National Mapping and Re-
sources Information Authority in order to ensure the efficient utilization of land for
agriculture and Agro-industrial development and promote sustainable growth . The
NPAAD covers all irrigated areas, all irrigable lands already covered by irrigation pro-
jects with firm funding commitments; all alluvial plain land highly suitable for agricul-
ture whether irrigated or not; Agro-industrial crop lands or lands presently planted to
industrial crops that support the viability of existing agricultural infrastructure and
agro-based enterprises, highlands, areas located at an elevation of five hundred (500)
meters or above and have the potential for growing semi temperate and high-value
crops; all agricultural lands that are ecological fragile, the conversion of which will
result in serious environmental degradation, and mangrove areas and fish sanctuaries.
“On-Farm Irrigation Facilities” refers to composite facilities that permit entry of
water to paddy areas and consist of farm ditches and turnouts.
“Primary Processing” refers to the physical alteration of raw agricultural or fishery
products with or without the use of mechanical facilities.
“Post-Harvest Facilities” includes, but is not limited to , threshing, drying, milling,
grading , storing, and handling of produce and such other activities as stripping, win-
nowing, chipping and washing.
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“Post -Harvest Facilities” includes, but it is not limited to, threshers, moisture me-
ters, dryers, weighing scales, milling equipment, fish ports, fish landings, ice plants and
cold storage facilities, processing plants, warehouses, buying stations, market infra-
structure and transportation.
“Premature Conversion of Agricultural Land” refers to the undertaking of any de-
velopment activity, the results of which modify or alter the physical characteristics of
the agricultural lands to render them suitable for non-agricultural purposes, without an
approved order of conversion from the DAR.
“Resource Accounting” refers to a tracking changes in the environment and natural
resources biophysically and economically (in monitory terms)
“Resource-based” refers to the utilization of natural resources.
“Rural Industrialization” refers to the process by which the economy is transformed
from one that is predomi-
nantly agricultural to one that
is dominantly industrial and
service-oriented. Agriculture
provides the impetus and
push for industry and services
through the market that it
creates, the labor that it ab-
sorbs, and the income that it
generates which is channeled
to industry and services. As
development continues, with
agriculture still an important
sector, industry and services
begin to generate income and
markets and concomitantly
increase their share of total “Nothing is real to us but hunger.”—Kakuzo Okakura
income.
(M. Velas)
“Strategic Agriculture
and Fisheries Development Zones (SAFDZ)“ refers to the areas within the NAPAAD
identified for production, Agro-Processing and marketing activities to help develop and
modernize, either the support of government, the agriculture and fisheries sectors in an
environmentally and socio-cultural sound manner.
“Secondary Canal” refers to the channel connected to the main canal which dis-
tributes irrigation to specific areas.
“Secondary Processing” refers to the physical transformation of semi-processed ag-
ricultural or fishery products.
“Shallow Tube Well (STW)” refers to a tube or shaft vertically set into the ground
for the purpose of bringing ground water to the soil surface from a depth of less than 20
meters by suction lifting.
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“Small Farmers and Fisherfolk” refers to natural person dependent on small-scale

subsistence farming and fishing activities as their primary source of income.
“Small and Medium Enterprise (SME)” refers to any business activity or enterprise
engaged in industry, agribusiness and/or services, whether single proprietorship, coopera-
tive, partnership or corporation whose total assets, inclusive of those arising from loans
but exclusive of the land on which the particular business entity’s office, plan and equip-
ment are situated, must have value falling under the following categories:
Micro - not more than P 1,500,000
Small - P 1,500,001 to P 15,000,000
Medium - P15,000,001 to P 60,000,000
The Department, in consultation with the Congressional Oversight Committee on Agri-
cultural and Fisheries Modernization, may adjust the above values as deemed necessary.
“Socio-culturally Sound” means the consideration of the social structure of the
community such as leadership pattern, distribution of roles across gender and age
groups, the diversity of religion and other spiritual beliefs, ethnicity and cultural diver-
sity of the population.
“Technology-based” refers to utilization of technology.
“Zoning Ordinance” refers to a local legislation approving the development land
use plan and providing for the regulations and other conditions on the uses of land
including the limitation of the infrastructure that may be placed within the territorial
jurisdiction of a city or municipality.
TITLE I
PRODUCTION AND MARKETING SUPPORT SERVICES
Chapter 1
Strategic Agricultural and Fisheries Development Zones
SEC. 5. Declaration of Policy.—It is the policy of the State to ensure that all sec-
tors of the economy and all regions of the country shall be given optimum opportunity to
develop through the rational and sustainable use of resources peculiar to each area in
order to maximize agricultural productivity, promote efficiency and equity and acceler-
ate the modernization of the agriculture and fisheries sectors of the country.
SEC. 6. Network of Areas for Agricultural and Agro-Industrial Development.—
The Department shall, within six (6) months after the approval of this Act, and in con-
sultation wit the local government units , appropriate government agencies, concerned
non-government organizations (NGOs)and organized farmers’ and fisherfolk‘s groups,
identify the strategic Agriculture and Fisheries Development Zones (SAFDZ) within the
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network of protected areas for agricultural and agro-industrial development to ensure

that lands are efficiently and sustainably utilized for food and non-food production and
agro-industrialization.
The SAFDZ which shall serve as centers where development in the agriculture
and fisheries sectors are catalyzed in an environmentally and socio-cultural sound
manner, shall be identified on the basis of the following criteria
a. Agro-climatic and environmental conditions giving the area as competitive ad-
vantage in the cultivation, culture, production and processing of particular crops, ani-
mals and aquatic products;
b. Strategic location of the area for the establishment of agriculture or fisheries
infrastructure, industrial complexness, production and processing zones;
c. Strategic location and of the area for market development and market net-
working both at the local and international levels; and
d. Dominant presence of agrarian reform communities (ARCs) and/or small
owner-cultivators and amortizing owners/agrarian reform beneficiaries and other small
farmers and fisher folk in the area.
The SAFDZ shall have an integrated development plan consisting of production,
processing, investment, marketing, human resources and environmental protection
components.
SEC. 7. Modern Farms.—The Department in coordination with the local gov-
ernment units (LGUs) and appropriate government agencies, may designate agrarian
reform communities (ARCs) and other areas within the SAFDZ suitable for economic
scale production which will serve as model farms.
Farmer-landowners whose lands are located within these designated areas shall
be given the option to enter into a management agreement with corporate entities with
proven competence in farm operations and management, high-end quality production
and productivity through the use of up-to-date technology and collateral resources such
as skilled manpower, adequate capital and credit, and access to markets, consistent
with the existing laws.
SEC. 8. Mapping.—The Department, through the Bureau of Soils and Water
Management (BSWM), in coordination with the National Mapping and Resource Infor-
mation Authority (NAMRIA) and the Housing and Land Use Regulatory Board
(HLURB) shall undertake the mapping of network of areas for agricultural and agro-
industrial development for all municipalities, cities and an appropriate scale. The
BSWM may call on other agencies to provide technical and other logistical support in
this undertaking .
SEC. 9. Delineation of Strategic Agriculture and Fisheries Development Zones.—
The Department, in consultation with the Department of Agrarian Reform, the De-
partment of Trade and Industry, the Department of Environment and Natural Re-
sources, Department of Science and Technology, the concerned LGU’s, the organized
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AGRICULTURE
farmers and fisher folk groups, the private sector and communities shall, without
prejudice to the development of identified economic zones and free ports, establish and
delineate based on sound resource accounting, the SAFDZ within one (1) year from the
effectivity of this Act.
All irrigated lands, irrigable lands already covered by irrigation a projects with
firm funding commitments, and lands with existing or having the potential for growing
high-value crops so delineated and included within the SAFDZ shall not be converted
for a period of five (5) years front the effectivity for this Act: Provided, however, That
not more than five percent (5%) of the said lands located within the SAFDZ may be
converted upon compliance with existing laws, rules, regulations, executive order and
issuances, and administrative orders relating to land use conversion: Provided, further,
That thereafter 1) a review of the SAFDZ, specifically of the productivity of the areas,
improvement of the quality of life of farmers and fisher folk, and efficiency and defec-
tiveness of the support services shall be conducted by the Department and the Depart-
ment of Agrarian Reform, in coordination with the Congressional Oversight Committee
on Agricultural Committee and Fisheries Modernization; 2) conversion may be allowed,
if at all, on a case-to-case basis subject to existing laws, rules, regulations, executive
orders and issuances, and administrative orders governing land use conversion; 3) in
case of conversion, the land owners will pay the Department the amount equivalent to
the government‘s investment cost including inflation.
SEC. 10. Preparation of Land Use and Zoning Ordinance.—Within one (1) year
from the finalization of the SAFDZ, in every city and municipality, all cities and mu-
nicipalities shall have prepared their respective land use and zoning ordinance incorpo-
rating the SAFDZ, where applicable. Thereafter, all land use plans and zoning ordi-
nances shall be updated every four (4) years or as often as may be deemed necessary
upon the recommendation of the Housing and Land Use Regulatory Board and must be
completed within the first year of the term of office of the mayor. If the cit-
ies/municipalities fail to comply with the preparation of zoning and land use plans, the
DILG shall impose the penalty as provided for under Republic Act No.7160
SEC. 11. Penalty for Agricultural Inactivity and Premature Conversion.—Any
person or juridical entity who knowingly or deliberately causes any irrigated agricul-
tural lands seven (7) hectares or larger, whether contiguous for not, within the pro-
tected areas for agricultural development, as specified under Section 6 in relation to
Section 9 of this Act, to lie idle and unproductive for a period exceeding one (1) year,
unless due to force majeure, shall be subject to an idle land tax of Three Thousand Pe-
sos (P3,000.00) per hectare per year. In addition, the violator, shall be required to put
back such lands to productive agricultural use. Should the continued agricultural inac-
tivity, unless due to force majeure, exceed a period of two (2) years, the land shall be
subject to escheat proceedings.
Any person found guilty of premature or illegal conversion shall be penalized with
imprisonment of two (2) to six (6) years, or a fine equivalent to one hundred percent
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(100%) of the government‘s investment cost, or both, at the discretion of the court, and
an accessory penalty of forfeiture of the land and any improvement thereon.
In addition, the DAR may impose the following penalties, after determining, in an
administrative proceedings, that violation of this law has been committed:
a. Consolation or withdrawal of the authorization for land use conversion; and
b. Backlisting, or automatic disapproval of pending and subsequent conversion
applications that they may file with the DAR.
SEC. 12. Protection of Watershed Areas.—All watersheds that are sources of wa-
ter for existing and potential irrigable areas and recharge areas of major aquifers iden-
tified by the Department of Agriculture and the Department of Environment and Natu-
ral resources shall be preserves as such at all times.
Chapter 2
Agriculture and Fisheries Modernization Plan
SEC. 13. Agriculture and Fisheries Modernization Plan (AFMP).—The Depart-

ment, in consultation with the
farmers and fisher folk, the pri-
vate sector, NGOs, people’s orga-
nizations and the appropriate go-
vernment agencies and offices,
shall formulate and implement a
medium-and long-term compre-
hensive Agriculture and Fishe-
ries Modernization Plan.
The Agriculture and Fishe-
ries Modernization Plan shall
focus on five (5) major concerns:
a. Food security;
b. Poverty alleviation and
social equity;
c. Income enhancement
and profitability, especially for
farmers and fisher folk;
“Nature is self-made machine, more perfectly automated
d. Global competitiveness;
than any automated machine. To create something in
the image of nature is to create a machine, and it was by and
learning the inner working of nature that man became a e. Sustainability.
builder of machines.”—Erick Hoffer SEC. 14. Food Security,
(T. Cayton)
Poverty Alleviation, Social Equity
and Income Enhancement.—The Department, in coordination with other concerned
departments or agencies, shall formulate medium-and long-term plans addressing food
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AGRICULTURE
security, poverty alleviation, social equity and income enhancement concerns based on,
but not limited to, the following goals and indicators for development:
a. Increased income and profit of small farmers and fisherfolk;
b. Availability of rice and other staple foods at affordable process;
c. Reduction of rural poverty and income inequality; d. Reduction of the incidence
of malnutrition;
e. Reduction of rural unemployment and underemployment; and
f. Improvement in land tenure of small farmers.
SEC. 15. Global Competitiveness and Sustainability.—The Department shall
formulate medium-and-long-
term plans aimed at enhancing
the global competitiveness and
sustainability of the country in
agriculture and fisheries based
on, but not limited to, the fol-
lowing goals and indicators for
development:
a. Increase in the vol-
ume, quality and value of agri-
culture and fisheries produc-
tion for domestic consumption
and for exports;
b. Reduction in post-
harvest losses;
c. Increase in the num- “We ask a simple question: And that is all we wish: Are
ber/types and quality of proc- fishermen all liars? Or do only liars fish?” — William
essed agricultural and fishery Sherwood Fox, Silken Lines and Silver Hooks,
products; 1954
d. Increase in the num- (M. Velas)
ber of international trading
partners in agriculture and fishery products;
e. Increase in the number of sustainable agriculture and fisheries firms engaged
in domestic production, processing, marketing and export activities;
f. Increase in and wider level of entrepreneurship among farmers and fisher folk
in the area;
g. Increase in the number of farms engaged in diversified farming; and
h. Reduced use of agro-chemicals that are harmful to health and the environ-
ment.
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SEC. 16. Global Climate Change.—The Department, in coordination with the

Philippine Atmospheric, Geophysical and Astronomical Service Administration (P. A. G.
A. S. A.) and such other appropriate government agencies, shall devise a method of
regularly monitoring and considering the effect of global climate changes, weather dis-
turbances, and annual productivity cycles for the purpose of forecasting and formulat-
ing agriculture and fisheries production programs.
SEC. 17. Special Concerns.—The Department shall consider the following areas
of concerns, among other in formulating the AFMP:
a. Strategies and programs aimed to achieve growth and profitability targets in
the context of the constraints and challenges of the World Trade Organization (WTO);
b. Programs arising from the implementation of the Agrarian Reform Program;
c. Identification of SAFDZ;
d. Infrastructure and market support for the SAFDZ;
e. Infrastructure support to make agriculture and fisheries production inputs, in-
formation and technology readily available to farmers, fisherfolk, cooperatives and en-
trepreneurs;
f. Credit programs for small farmers and fisher folk, and agricultural graduates;
g. Comprehensive and integrated agriculture and fisheries research, develop-
ment and extension services;
h. Preservation of biodiversity, genetic materials and the environment;
i. Adequate and timely response against environmental threats to agriculture
and fisheries;
j. Rural non-farm employment;
k. Access to aquatic resources by fisher folk; l. Basic needs program for the im-
poverished sectors of society who will be affected by liberalization;
m. Indigenous peoples;
n. Rural youth;
o. Women;
p. Handicapped persons; and
q. Senior citizens.
SEC. 18. Monitoring and Evaluation.—The Department shall develop the capa-
bility of monitoring the AFMP through a Program Benefit Monitoring and Evaluation
System (PBMES). In addition, it can secure the services of independent consultants and
external evaluators in order to assess its over-all impact. The Department shall make
periodic reports to the Congressional Oversight Committee on Agriculture and Fisher-
ies Modernization.
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AGRICULTURE
SEC. 19. Role of Other Agencies.—All units and agencies of the government
shall support the Department in the implementation of the AFMP.
In particular, the Department of Public Works and Highways shall coordinate
with the Department with respect to the infrastructure support aspect of the plan order
to accomplish networking of related infrastructure facilities.
The Department of Interior and Local Government shall provide assistance to the
Department in mobilizing resources under the control of local government units.
The Department of Trade and Industry, Agrarian Reform, Science and Technology,
and Environment and Natural Resources shall coordinate their investment programs
and activities to complement the Department’s implementation of the AFMP.
The Department of Education, Culture and Sports, the Technical Educational and
Skills Development Authority, the Department of Health with the Department of Social
Services and Development shall coordinate with the Department to determine the fi-
nancial requirements of small farmers and fisherfolk to adjust to the effects of moderni-
zation as envisioned in the Agriculture and Fisheries Modernization Plan.
The departments referred above shall be required to identify in their budget pro-
posals the allocation intended for the improvement of the environmental and other
conditions affecting agriculture and fisheries.
Congressional initiatives shall also be coordinated by the Committees on Agricul-
ture on both Houses to complement and enhance the programs and activities of the
Department in the implementation of the AFMP.
Chapter 3
Credit
SEC. 20. Declaration of Policy.—It is hereby declared the policy of the State to
alleviate poverty and promote vigorous growth in the countryside through access to
credit by small farmers, fisher folk, particularly the women involved in the production,
processing and trading of agriculture and fisheries products and the small and medium
scale enterprises (SMEs) and industries engaged in agriculture and fisheries.
Interest rates shall be determined by market forces, provided that existing credit
arrangements with agrarian reform beneficiaries are not affected. Emphasis of the
program shall be on proper management and utilization.
In this regard, the State enjoins the active participation of the banking sector and
government financial institutions in the rural financial system.
SEC. 21. Phase-out of the Directed Credit Programs (DCPs) and Provision for the
Agro-Industry Modernization Credit and Financing Program (AMCPP).—The Depart-
ment shall implement existing DCPs; however, the Department shall, within a period of
four (4) years from the effectivity of this Act, phase-out all DCPs and deposit all its
loanable funds including those under the Comprehensive Agricultural Loan Fund
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LAND
(CALF) including new funds provided by this Act for the AMCFP and transfer the man-
agement thereof to cooperative banks , rural banks, government financial institutions
and viable NGOs for the Agro-Industry Modernization Credit Financing Program
(AMCFP). Interest earnings of the said deposited loan funds shall be reverted to the
AMCFP.
SEC. 22. Coverage.—An agriculture, fisheries and agrarian reform credit and fi-
nancing system shall be designed for the use and benefit of farmers, fisher folk those
engaged in food and non-food production, processing and trading, cooperatives, farm-
ers’/fisherfolk‘s organization, and SMEs engaged in agriculture hereinafter referred to
in this chapter as the “beneficiaries”
SEC. 23. Scope of the Agro-Industry Modernization Credit and Financing Pro-
gram (AMCFP).—The Agro-Industry Modernization Credit and Financing Program
shall include the packaging and delivery of various credit assistance programs for the
following:
a. Agriculture and fishe-
ries production including pos-
sessing of fisheries and agri-
based products and farm inputs;
b. Acquisition of work
animals, farm and fishery
equipment and machinery;
c. Acquisition of seeds,
fertilizer, poultry, livestock,
feeds and other similar items;
d. Procurement of agri-
culture and fisheries products
for storage, trading, processing
and distribution;
e. Acquisition of water
pumps and installation of tube
wells for irrigation; Trees and forests are the lungs of the earth; The Land
and the soil are the skin; The sea and the waterways are
f. Construction, acquisi-
its blood. Whatever we do to the vital organs of the earth,
tion and repair of facilities for we do to our bodies.
production, processing, storage, (A. Oposa)
transportation, communication,
marketing and such other facilities in support of agriculture and fisheries;
g. Working capital for agriculture and fisheries graduates to enable them to en-
gage in agriculture and fisheries related economic activities;
h. Agribusiness activities which support soil and water conservation and ecology-
enhancing activities;
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AGRICULTURE
i. Privately-funded and LGU-funded irrigation systems that are designed to pro-

tect the watershed;
j. Working capital for long-gestating projects; and
k. Credit guarantees on uncollaterized loans to farmers and fisherfolks.
SEC. 24. Review of the mandates of Land Bank of the Philippines Crop Insur-
ance Corporation, Guarantee Fund For Small and Medium Enterprises, Quedan and
Rural Credit Guarantee Corporation, Agricultural Credit Policy Council.—The Depart-
ment of Finance shall commission and independent review of the charters and the re-
spective programs of the Land Bank of the Philippines (LBP), Philippine Crop Insur-
ance Corporation (PCIC), Guarantee Fund for Small and Medium Enterprises
(GFSME), Quedan and Rural Credit Guarantee Corporation (Quendancor), and Agricul-
tural Credit Policy Council (ACPC), and recommend policy changes and other measures
to induce the private sectors participation in lending to agriculture and to improve
credit access by farmers and fisherfolk: Provided, That agriculture and fisheries pro-
jects with long gestation period shall be entitled to a longer grace period in repaying the
loan based on the economic life of the project.
The Land Bank of the Philippines, shall, in accordance with its original mandate,
focus primarily on plans and programs in relation to the financing of agrarian reform
and the delivery of credit services to the agriculture and fisheries sectors, especially to
small farmers and fisherfolk.
The review shall start six (6) months after the enactment of this Act. Thereafter,
the review shall make recommendations to the appropriate Congressional Committees
for possible legislative actions and to the Executive Branch for policy and program
changes within six (6) months after submission.
SEC. 25. Rationalization of Credit Guarantee Schemes and Funds.—All existing
credit guarantee schemes and funds applicable to the agriculture and fishery sectors
shall be rationalized and consolidated into an Agriculture and Fisheries Credit Guaran-
tee Fund. The rationalization shall cover the credit guarantee schemes and funds oper-
ated by the Quendancor, the GFSME and the Comprehensive Agricultural Loan Fund.
The Agriculture and Fisheries Credit Guarantee Fund shall be managed and imple-
mented by the Quendancor Provided, That representation to the Quendancor Board
shall be granted to cooperatives, local government units and rural financial institutions;
Provided, further, That credit guarantee shall be given only to small-scale agriculture
and fisheries activities and to countryside micro-small, and medium enterprises. It may
also cover loan guarantees for purchase orders and sales contracts.
The Agriculture and Fisheries Credit Guarantee Fund shall be funded by at least
ten percent (10%) of the funding allocation for the AMCFP.
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LAND
Chapter 4
Irrigation
SEC. 26. Declaration of Policy.—It is the policy of the State to use its natural re-
sources rationally and equitably. The state shall prevent the further destruction of
watersheds, rehabilitate existing irrigation systems and promote the development of
irrigation systems that are effective, affordable, appropriate, and efficient.
In the choice of location-specific irrigation projects, the economic principle of com-
parative advantage shall always be adhered to.
SEC. 27. Research and Development.—Irrigation Research and Development
(R&D) shall be pursued and priority shall be given to the development of effective, ap-
propriate , and efficient irrigation and water management technologies.
The Department shall coordinate with the Department of Environment and Natu-
ral Resources concerning the preservation and rehabilitation of watersheds to support
the irrigation systems.
SEC. 28. Criteria for Selection of Irrigation Development Scheme.—The Selec-
tion of appropriate scheme of
irrigation development shall be
location-specific and based on
the following criteria:
a. Technical feasibility;
b. Cost-effectiveness;
c. Affordability, low in-
vestment cost per unit area;
d. Sustainability and
simplicity of operation;
e. Recovery of operation
and maintenance cost;
f. Efficiency in water use;
g. Length of gestation
period; and
h. Potential for increas-
ing unit area productivity. “Every dewdrop and raindrop had a whole heaven
All irrigation projects within it.”— Henry Wadsworth Longfellow
shall, in addition to the criteria (A. Oposa)
enumerated above, be subjected
to a social cost-benefit analysis.
SEC. 29. Simplified Public Bidding.—The construction, repair, rehabilitation,
improvement, or maintenance of irrigation projects and facilities shall follow the Com-
mission on Audit (COA) rules on simplified public bidding.
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AGRICULTURE
Irrigation projects undertaken by farmers, farmer’s organizations and other pri-

vate entities whose funding is partly or wholly acquired by way of loan from govern-
ment financial institutions shall not be subject to the bidding requirements of the gov-
ernment.
SEC. 30. National Irrigation Systems (NIS).—The National Irrigation Admini-
stration (NIA) shall continue to plan, design, develop, rehabilitate, and improve the
NISs. It shall continue to maintain and operate the major irrigation structures includ-
ing the head works and main canals.
In addition, the NIA is mandated to gradually turn over operation and mainte-
nance of the National Irrigation System’s secondary canals and on-farm facilities to
Irrigators’ Associations
SEC. 31. Communal Irrigation Systems (CIS).—The Department shall, within
five (5) years from the effectivity of this Act, devolve the planning, design and manage-
ment of CISs, including the transfer of NIA’s assets and resources in relation to the
CIS, to the LGUs. The budget for the development, construction, operation and mainte-
nance of the CIS and other types of irrigation systems shall be prepared by and coursed
through the LGUs. The NIA shall continue to provide technical assistance to the LGUs
even after complete devolution of the Irrigation Systems to the LGUs, as may be
deemed necessary.
SEC. 32. Minor Irrigation Schemes.—The Department shall formulate and de-
velop a plan for the promotion of a private sector-led development of minor irrigation
systems, such as Shallow Tube Wells (STWs), Low-Lift pumps (LLPs) and other inun-
dation systems. the plan shall be included in the Short-term Agriculture and fisheries
Modernization Plan.
SEC. 33. Other Irrigation Construction Schemes.—The Government shall also
encourage the construction of irrigation facilities through other viable schemes for the
construction of irrigation such as build-operate-transfer, build-transfer and other
schemes that will fast-track the development of irrigation systems.
SEC. 34. Guarantee of the National Government.—To make build-operate-
transfer (BOT) projects for irrigation attractive to proponents, the national government
shall issue the need payment guarantee for BOT projects which shall answer for default
of the National Irrigation Administration. Such amounts needed to answer for the pay-
ment guarantee is hereby to be appropriated.
SEC. 35. Irrigation Service Fees (ISF).—Upon effectivity of this Act, the NIA
shall immediately review the ISF rates and recommend to the Department reasonable
rates within six (6) months from the effectivity of this Act.
SEC. 36. Monitoring and Evaluation.—The Department shall monitor the im-
plementation of R&D programs and irrigation projects. The Department shall review all
existing irrigation systems every four (4) years, to determine their viability or ineffec-
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tiveness. The Department shall employ the services of independent evaluators to assess
the overall impact of the country’s irrigation development .
SEC. 37. Exemption from Election Ban.—The repair, maintenance and rehabili-
tation of irrigation facilities as well as BOT irrigation projects shall be exempted from
the scope of the election ban on public works.
Chapter 5
Information and Marketing Support Service
empower Filipino farmers and fisherfolk, particularly the women, involved in agricul-
ture and fisheries through the provision of timely, accurate and responsive business
information and efficient trading services which will link them to profitable markets for
their products. They shall likewise be given innovative support toward the generation of
maximum income through assistance in marketing.
SEC. 39. Coverage.—A market information system shall be installed for the use
and benefit of, but not limited to, the farmers and fisher folk, cooperatives, traders,
processors, the LGUs and the Department.
SEC. 40. The Marketing Assistance System.—The Department shall establish a
National Marketing Assistance Program that will immediately lead to the creation of a
national marketing umbrella in order to ensure the generation of the highest possible
income for the farmers and fisher folk or groups of farmers and fisher folk, matching
supply and demand in both domestic and foreign markets.
SEC. 41. National Information Network.—A National Information Network
(NIN) shall be set up from the Department level down to the regional, provincial and
municipal offices within one (1) year from the approval of this Act taking into account
existing information networks and seems.
The NIN shall likewise link the various research institutions for easy access to
data on agriculture and fisheries research and technology. All departments, agencies,
bureaus, research institutions, and local government units shall consolidate and con-
tinuously update all relevant information and data on a periodic basis and make such
data available on the Internet.
SEC. 42. Information and Marketing Service.—The NIN shall provide informa-
tion and marketing services related to agriculture an fisheries which shall include the
following:
a. Supply data;
b. Demand data
c. Price and Price trends;
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d. Product standards for both fresh and processed agricultural and fisheries pro-
jects;
e. Directory of, but not limited to cooperatives, traders, key market centers, proc-
essors and business institutions concerned with agriculture and fisheries at the provin-
cial and municipal levels;
f. Research information and technology generated from research institutions in-
volved in agriculture and fisheries;
g. International, regional and local market forecasts; and
h. Resource accounting data.
SEC. 43. Initial Set-up.—The Department shall provide technical assistance in
setting -up the NIN at the local level through the cooperatives and the LGUs Provided ,
That , at the local level, a system that will make marketing information and services
related to agriculture and fisheries will be readily available in the city/municipal public
market for the benefit of the producers, traders and consumers.
SEC. 44. Role of Government Agencies.—The Bureau of Agricultural Statistics
will serve as the central information server and will provide technical assistance to end-
users in accessing and analyzing product and market information and technology.
The Department of Transportation and Communications shall provide technical
and infrastructure assistance to the Department in setting up the NIN.
LGUs shall coordinate with the Department for technical assistance in order to ac-
celerate the establishment and training of information end-users in their respective
jurisdictions.
The Cooperative Development Authority shall coordinate with the Department for
technical assistance in order to provide training assistance to cooperatives in the use of
market information and technology.
SEC. 45. Role of Private Sector.—The NIN shall likewise be accessible to the pri-
vate sector engaged in agriculture and fisheries enterprises. The Department shall
formulate guidelines and determine fees for private sector entities that use the NIN.
Chapter 6
Other Infrastructure
SEC. 46. Agriculture and Fisheries Infrastructure Support Services.—The De-

partment of Public Works and Highways , the Department of Transportation and Com-
munications, the Department of Trade and Industry and the LGUs shall coordinate
with the Department to address the infrastructure requirements in accordance with
this Act Provided, that The Department and the LGU shall also strengthen its agricul-
tural engineering support in carrying out the smooth and expeditious implementation of
agricultural infrastructure projects.
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SEC. 47. Criteria for Prioritization.—The prioritization of government resources

for rural infrastructure shall be based on the following criteria:
a. Agro-industrial potential of the area;
b. Socio-economic contributions of the investments in the area;
c. Absence of public investments in the area; and
d. Presence of agrarian reform beneficiaries and other small farmers and fisher
folk in the area.
SEC. 48. Public Infrastructure Facilities.—Public Infrastructure investments
shall give preference to the kind , type and model of infrastructure facilities that are
cost-effective and will be useful for the production, conservation, and distribution of
most commodities and should benefit the most number of agriculture and fisheries
producers and processors.
SEC. 49. Private Infrastructure Facilities.—For infrastructure facilities primar-
ily benefiting private investors, the State shall facilitate the purchase and use of such
utilities and shall keep to the minimum the bureaucratic requirements for these types
of investments. Private investors include cooperatives or corporations of agriculture and
fisheries producers and processors.
SEC. 50. Public Works Act.—The Department of Public Works and Highways
shall coordinate with the Department for the purpose of determining the order of priori-
ties for public works funded under the Public Works Act directly or indirectly affect
agriculture and fisheries.
SEC. 51. Fishports, Seaports and Airports.—The Department of Transportation
and Communications, Philippine Ports Authority and Philippine Fisheries Development
Authority shall coordinate with the Department for the purpose of determining priority
fishports, seaports and airports and facilitating the installation of bulk-handling and
storage facilities , and other post-harvest facilities needed to enhance the marketing of
agriculture and fisheries products Provided, that fishports , seaports an airports are
also equipped with quarantine , sanitary and phytosanitary centers. The Department of
Transportation and Communications (DOTC) shall have the mandate to cancel arrastre
and cargo handling franchises among operators whom it deems inefficient and/or inef-
fective owing, but not limited to, a past history of under-capitalization, lack of equip-
ment and lack of professional expertise. The DOTC shall recommend to the Philippine
Ports Authority and consult with ship-owners and ship-operators in assessing the
cargo-handling capabilities of cargo operators prior to extending new franchises or
awards.
SEC. 52. Farm-to-Market Roads.—The Department shall coordinate with the
LGUs and the resident-farmers and fisher folk in order to identify priority locations of
farm-to -market roads that take into account the number of farmer and fisher folk and
their families who shall benefit therefrom and the amount, kind and importance of
agricultural and fisheries products produced in the area.
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Construction of farm-to-market roads shall be a priority investment of the LGUs

which shall provide a counterpart of not less than ten percent (10%) of the project cost
subject to their IRA in the area.
SEC. 53. Rural Energy.—The Department shall coordinate with the Department
of Energy (DOE), the Department of Public Works and Highways (DPWH), the National
Electrification Administration (NEA) and the National Power Corporation (NAPOCOR)
for the identification and installation of appropriate types of energy sources particularly
in the use of non-conventional energy sources for the locality in order to enhance agri-
culture and fisheries development in the area.
SEC. 54. Communications Infrastructure.—The Department shall coordinate
with the DOTC to facilitate the installation of telecommunication facilities in priority
areas, in order to enhance agriculture and fisheries development.
SEC. 55. Water Supply System.—The Department shall coordinate with the
DPWH and the LGUs for the identification and installation of water supply system in
the locality for agro-industrial uses to enhance agriculture and fisheries development in
the area.
SEC. 56. Research and Technology Infrastructure.—The Department in coordi-
nation with other government agencies shall give priority and facilitate the funding of
infrastructure necessary for research ventures such as farm laboratories and demon-
stration farms with state colleges and universities that derive their core funds from the
Department .
SEC. 57. Post-Harvest Facilities.—The Department shall coordinate with the
Bureau of Post-Harvest for Research and Extension and the Post-harvest Horticulture,
Training and Research Center of the University of the Philippines, Los Baños, to iden-
tify appropriate post-harvest facilities and technology needed to enhance agriculture
and fisheries development in the area.
SEC. 58. Public Market and Abattoirs.—The Department shall encourage the
LGUs to turn over the management and supervision of public markets and abattoirs to
market vendors’ cooperatives and for that purpose, the appropriation for post-harvest
facilities shall include the support for market vendor’ facilities.
The Department shall coordinate with the LGUs in the establishment of standard-
ized market systems and use of sanitary market , facilities , and abattoirs, intended to
ensure the food safety and quality.
All markets shall have a sanitation unit, proper and adequate drainage and sew-
erage system, ample water supply, public toilets with lavatories, garbage receptacles,
ice plants and cold storage, adequate lighting and ventilation and supply of electricity
to ensure cleanliness and sanitation. Price monitoring bulletin boards for selected com-
modities and weighing scales accessible to the public shall also be established.
Proper protection and preservation of agriculture and fisheries products being sold
in the market shall also be observed. All foods which require no further cooking shall be
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wrapped, covered, or enclosed in containers to preserve the freshness and prevent con-
tamination. Selling of products on market floors shall be prohibited.
SEC. 59. Agricultural Machinery.—The Department shall give priority to the
development and promotion of appropriate agricultural machinery and other agricul-
tural mechanization technologies to enhance agricultural mechanization in the country-
side.
Chapter 7
Products Standardization and Consumer Safety
SEC. 60. Declaration of Policy.—It is the policy of the State that all sectors in-
volved in the production, processing, distribution and marketing of food and non-food
agricultural and fisheries products shall adhere to, and implement the use of product
standards in order to ensure consumer safety and promote the competitiveness of agri-
culture and fisheries products.
SEC. 61. Bureau of Agriculture and Fisheries Product Standards.—The De-
partment, within six (6) months after the approval of this act, and in consultation with
the Department of Trade and Industry and the Bureau of Food and Drug, shall estab-
lish the Bureau of Agriculture and Fisheries Product Standards (BAFPS).
SEC. 62. Coverage.—The BAFPS shall set and implement standards for fresh,
primary-and -secondary-processed agricultural and fishery products.
SEC. 63. Powers and Functions.—The BAFPS shall have the following powers
and functions:
a. Formulate and enforce standards of quality in the processing, preservation,
packaging, labeling, importation, exportation, distribution, and advertising of agricul-
tural and fisheries products;
b. Conduct research on product standardization, alignment of the local standards
with the international standards; and
c. Conduct regular inspection of processing plants, storage facilities, abattoirs, as
well as public and private markets in order to ensure freshness, safety and quality of
products.
SEC. 64. Pool of Experts and Advisers.—The BAFPS may coordinate, seek the
services of, and consult with both private and governmental agencies, research insti-
tute, educational establishments and such other individuals and entities with expertise
in the field of product standards and consumer safety.
The Department of Trade and Industry, the Food and Nutrition Research Insti-
tute, and the Bureau of Food and Drug Administration shall provide technical advice
and form part of the pool of experts/advisers of the BAFPS.
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TITLE 2
HUMAN RESOURCE DEVELOPMENT
give priority to education and training on science and technology in order to accelerate
social progress and promote total human liberation and development.
The State shall promote industrialization and full employment, based on sound
agriculture and fisheries development and agrarian reform, through industries that
make full and efficient use of human and natural resources.
SEC. 66. National Agriculture and Fisheries Education System (NAFES).—The
Commission on Higher Education (CHED), in coordination with the Department and
appropriate government agencies, shall establish a National Agriculture and Fisheries
Education System (NAFES) which shall have the following objectives:
a. To establish, maintain and support a complete and integrated system of agri-
culture and fisheries education relevant to the needs of the economy, the community
and society.
b. To modernize and rationalize agriculture and fisheries education from the elemen-
tary to the tertiary levels;
c. To unify, coordinate and
improve the system of imple-
mentation of academic programs
that are geared toward achieving
agriculture and fisheries devel-
opment in the country; and
d. To upgrade the quality,
ensure sustainability and pro-
mote the global competitiveness,
at all levels, of agriculture and
fisheries education.
SEC. 67. Education Pro-
gram for Elementary and Secon-
dary Levels.—There is hereby
established an Agriculture and
“In end, we will protect only what we love, we will love Fisheries Education Program,
only what we understand, and we will understand under the NAFES specially de-
only what we are taught.” — Baba Dioum signed for elementary and secon-
(A. Oposa, Teaching Children in the dary levels. The program shall be
Visayan Sea to see the underwater) formulated, organized and imple-
mented by the DECS with the following objectives:
a. to develop appropriate values that form the foundation for sustained growth in
agriculture and fisheries modernization.
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b. to increase the attractiveness of agriculture and fisheries education, so that

more young and talented person will look at agriculture and fisheries as an acceptable
option for career and livelihood;
c. to promote appreciation of science in agriculture and fisheries development;
d. to develop among students, positive attitudes towards entrepreneurship and
global competition in the agriculture and fisheries business;
e. to improve the present curriculum in the elementary and secondary levels by
emphasizing the core values necessary for agriculture and fisheries modernization; and
f. to develop an outreach program where students, parents and schools become
instruments in effecting positive changes in the pupil’s home and community.
SEC. 68. Post-Secondary Education Program.—There is hereby established a
Post-Secondary Education Program for Agriculture and Fisheries under the NAFES,
which shall be formulated and developed by TESDA in coordination with the appropri-
ate government agencies and the private sector. The program shall include, among
others, the following:
a. a mechanism for a flexible process of curriculum development;
b. integration of the dual training system in the various agricultural curricula
and training programs;
c. integration of entrepreneurship and global competitiveness in the agro-
fisheries curricula;
d. institutionalizing agriculture and fisheries skills standards and technical test-
ing and certification;
e. regular upgrading of learning/training facilities, school buildings , laboratory
equipment; and
f. development of a system for the strict enforcement of school regulations re-
garding standards and requirements.
SEC. 69. Network of National Centers of Excellence for Tertiary Education.—
There is hereby established a Network of National Centers of Excellence in Agriculture
and Fisheries Education, composed of qualified public and private colleges and universi-
ties, duly accredited as National Centers of Excellence (NCE) in the field of agriculture
and fisheries.
For this purpose, the CHED shall formulate and implement a system of accredita-
tion Provided, That not more than one provincial institute in every province and no
more than one national university in each field in every region shall be accredited as
such and Provided, further, That the system shall be based on the following criteria:
a. institutional accessibility, population, economic contribution of agriculture and
fisheries in the community, and the needs or unique requirements of the area
b. quantity and quality of research studies conducted;
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c. degree of utilization of research results;

d. quantity and quality of faculty members;
e. type of facilities;
f. linkage with international organizations; and
g. potential contribution to agriculture and fisheries development in the target area.
SEC. 70. Rationalization Plan.—For the purpose of upgrading and maintaining
a high decree of academic excellence in the fields of agriculture and fisheries, all exist-
ing public and private colleges and universities that are not hereinafter designated and
accredited as centers of excellence shall be given adequate time to redirect its program
to non-agriculture and/or non-fisheries areas needed by the province or region and/or
merge their program with accredited NCEs in accordance with the Rationalization Plan
to be jointly formulated by CHED and the Philippine Association of State Universities
and Colleges (PASUC) upon consultation with the institution concerned.
The Rationalization Plan shall include a policy for the effective utilization of af-
fected personnel and facilities, and shall not be construed as to result in the decrease of
the budget allocation for the state universities and colleges concerned.
SEC. 71. Counterpart Funding from LGUs.—The LGUs shall, within two, (2)
years from the effectivity of this Act, provide at least ten percent (10%) of the Mainte-
nance and Other Operating Expenses (MOOE) budget for the operation of the provincial
institutes within their area of responsibility.
In consultation with the LGUs, the CHED shall develop a provincial-national
partnership scheme for a reasonable sharing of financial support taking into account
social equity factors for poor provinces.
SEC. 72. National Integrated Human Resource Development Plan in Agriculture
and Fisheries.—The CHED, in coordination with the Department and appropriate gov-
ernment agencies, shall formulate, develop and implement an integrated human re-
source development plan in agriculture and fisheries which shall serve as an instru-
ment that will provide over-all direction in setting priorities in curricular programs,
enrollment, performance targets, and investment programs.
SEC. 73. Output-Oriented Performance Standards.—In order to ensure the in-
stitutional accountability, efficiency, and quality, there shall be formulated and devel-
oped an Output-Oriented Performance Standards which shall serve as the primary
instrument for institutional evaluation.
For this purpose, all public and private universities and colleges, that are desig-
nated as centers of excellence, shall cause to be installed a computerized monitoring
and evaluation system that periodically collects and regularly measures variables indi-
cating institutional performance based on the Output-Oriented Performance Standards.
SEC. 74. Evaluation System.—Not later than one (1) year from the effectivity of
this Act, the CHED shall establish a baseline information using the Output-Oriented
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Performance Standards referred to in Section 73 of this Title. Once every five (5) years
thereafter, all designated NCEs in agriculture and fisheries shall be subject to a third
party evaluation.
The evaluation shall include, among others, management and educational experts
of national stature and representatives of key sectors of the agriculture and fisheries
industries, as well as representatives of the Department, the Department of Environ-
ment and Natural Resources, the Department of Science and Technology, and the Na-
tional Economic and Development Authority.
SEC. 75. Agriculture and Fisheries Board.—There shall be created an Agricul-
ture and Fisheries Board in the Professional Regulation Commission to upgrade the
Agriculture and Fisheries profession.
Those who have not passed the Civil Service Examination for Fisheries and Agri-
culture but have served the industry in either private or public capacity for not less
than five (5) years shall be automatically granted eligibility by the Board of Examiners.
The first board of examination for B.S. Fisheries and/or Agriculture Graduates
shall be conducted within one (1) year from the approval of this Act.
SEC. 76. Continuing Agriculture and Fisheries Education Program.—The Com-
mission on Higher Education, the Department of Education, Culture and Sports and
Technical Education and Skills Development Authority, in coordination with the De-
partment and the public and private universities and colleges, shall formulate and de-
velop a National and Integrated Continuing Agriculture and Fisheries Education Pro-
gram, which shall address the current education and training requirements of teachers,
professors and educators in agriculture and fisheries.
For this purpose, pre-service and in-service training of teachers in Home Econom-
ics Livelihood Education (HELE) for the primary level and Technology and Home Eco-
nomics (THE) for the Secondary level, shall be upgraded.
SEC. 77. Scholarship Program.—The CHED in coordination with the public and
private universities and colleges, TESDA and the DBM, shall develop a national schol-
arship program that provides opportunities for deserving academic staff to pursue ad-
vanced degrees in agriculture and fisheries. Where appropriate, such scholarship pro-
gram shall also provide opportunities for graduate work in foreign universities.
SEC. 78. Merit System.—To promote the development of scientific excellence
and academic scholarship, the public and private universities and colleges, in coopera-
tion with the CHED and the DBM, shall institute an output- oriented unified system of
promotion for the academic personnel.
SEC. 79. Budgetary Allocation Scheme.—The Budgetary Allocation Scheme for
NAFES shall be as follows:
a. The current appropriation or budgets of state universities and colleges, that
are herein designate as NCEs, shall continue and shall be modified and adjusted in
succeeding years in order to meet the standards of the rationalized programs of the
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institutions as approved by Congress and shall be included in the annual General Ap-
propriations Act;
b. NCEs that are created under this Act shall likewise be provided with budget-
ary support based on their programs and a new staffing pattern as approved by DBM
and shall be included in the annual General Appropriations Act.
TITLE 3
RESEARCH DEVELOPMENT AND EXTENSION
Chapter 1
Research and Development
SEC. 80. Declaration of

Policy.—It is hereby declared
the policy of the State to pro-
mote science and technology as
essential for national develop-
ment and progress.
The State shall likewise
give priority to research and
development, invention, inno-
vation, and their utilization
and to science and technology
education, training, and ser-
vices. In addition to appropri-
ate and relevant technology,
the state shall support indige-
nous and self-reliant scientific
and technological capabilities,
“The laws of nature are just, but terrible. There is no weak and their application to the
mercy in them. Cause and consequence are inseparable and country’s productive system
inevitable. The elements have no forbearance. The fire burns, the and national life.
water drowns, the air consumes, the earth buries. And perhaps
SEC. 81. The National
it would be well for our race if the punishment of crimes against
Research and Development
the Laws of Man were as inevitable as the punishment of crimes
against the Laws of Nature—were Man as unerring in his System in Agriculture and
judgments as Nature.”—Henry Wadsworth Longfellow
Fisheries.—The Department,
(A. Oposa)
in coordination with the De-
partment of Science and Technology and other appropriate agencies and research insti-
tutions shall enhance, support and consolidate the existing National Research and De-
velopment System in Agriculture and Fisheries within six (6) months from the approval
of this Act. Provided, That fisheries research and development shall be pursued sepa-
rately, from but in close coordination with that of agriculture.
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SEC. 82. Special Concerns in Agriculture and Fisheries Research Services.—

Agriculture and Fisheries Research and Development activities shall be multidiscipli-
nary and shall involve farmers, fisherfolk and their organizations, and those engaged in
food and non-food production and processing including the private and public sectors.
Research institutions and centers shall enjoy autonomy and academic freedom.
The Department, in collaboration with the Department of Science and Technology and
other appropriate agencies, shall harmonize its merit and output-oriented promotion
system governing the scientific community in order to promote increased research excel-
lence and productivity and provide the government research system a competitive edge
in retaining its scientific personnel.
Appropriate technology shall be used to protect the environment, reduce cost of pro-
duction , improve product quality and increase value added for global competitiveness.
SEC. 83. Funds for Research and Development.—Considering the nature of re-
search, development and extension activities, funding shall be based on the following
guidelines:
a. Allocation of multi-year budgets which shall be treated as research and devel-
opment grants.
b. The budget for agriculture and fisheries research and development shall be at
least one percent (1%) of the gross value added (GVA) by year 2001 allocating at least
one percent (1%) of the total amount by 1999. The Department of Finance (DOF) in
consultation with the Department shall formulate revenue enhancement measures to
fund this facility.
c. At least twenty percent (20%) shall be spent in support of basic research and
not more than eighty percent (80%) shall be used for applied research and technology
packaging and transfer activities.
d. A science fund shall be established from which the scientific community in ag-
riculture and fisheries shall draw its financial resource for sustained career develop-
ment, Provide, That only the interest earnings of the funds shall be used.
The Department and other research agencies, in the national interest, are encour-
aged to go into co-financing agreements with the private sector in the conduct of re-
search and development provided that the terms and conditions of the agreement are
beneficial to the country.
SEC. 84. Excellence and Accountability in Research and Development.—The De-
partment, in collaboration with the Department of Science and Technology and other
appropriate government agencies, shall formulate the national guidelines in evaluating
research and development activities and institutions, which shall involve an independ-
ent and interdisciplinary team of collegial reviewer and evaluators.
SEC. 85. Communication of Research Results and Research-Extension Link-
age.—Research information and technology shall be communicated through the Na-
tional Information Network (NIN)
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All government agencies including the state colleges and universities and private
educational institutions selected as NCEs shall be computerized , networked , provided
with regular updated information and shall likewise provide, through the NIN results
of research and development activities and current available technology relating agri-
culture and fisheries.
Chapter 2
Extension Services
promote science and technology as essential for national development and progress. The
State shall give priority for the utilization of research results through formal and non-
formal education, extension, and training services. It shall support the development of a
national extension system that will help accelerate the transformation of Philippine
agriculture and fisheries from a resource -based to a technology-based industry.
SEC. 87. Extension Services.—Agriculture and Fisheries extension services shall
cover the following major services to the farming and fishing community:
a. Training services;
b. Farm or business advisory services;
c. Demonstration services; and
d. Information and communication support services through trimedia.
SEC. 88. Special Concerns in the Delivery of Extension services.—The delivery of
agriculture and Fisheries Extension Services shall be multidisciplinary and shall in-
volve the farmers, fisherfolk, and their organizations and those engaged in food and
non-food production and processing, including the private and public sectors.
There shall be a national merit and promotion system governing all extension per-
sonnel, regardless of source of funding, to promote professionalism and achieve excel-
lence and productivity in the provision of the government extension services.
SEC. 89. The National Extension System for Agriculture and Fisheries (NE-
SAF).—The Department in coordination with the appropriate government agencies,
shall formulate a National Extension System for Agriculture and Fisheries.
The National Extension System for Agriculture and Fisheries shall be composed of
three (3) subsystems:
a. The national government subsystem which directly complements;
b. The local government subsystems; and
c. The private sector subsystem.
SEC. 90. The Role of Local Government Units.—The LGUs shall be responsible
for delivering direct agriculture and fisheries extension services.
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The provincial governments shall integrate the operations for the agriculture ex-
tension services and shall undertake an annual evaluation of all municipal extension
programs. The extension program of state colleges and universities shall primarily focus
on the improvement of the capability of the LGU extension service by providing:
a. Degree and non-degree training programs;
b. Technical assistance;
c. Extension cum research activities;
d. Monitoring and evaluation of LGU extension projects; and
e. Information support services through the tri-media and electronics.
SEC. 91. Role of the
Private Sector in Extension.
—The department shall en-
courage the participation of
farmers and fisherfolk coope-
ratives and associations and
others in the private sector
in the training and other
complementary extension
services especially in com-
munity organizing, use of
participatory approaches, po-
pularization of training ma-
terials, regenerative agricul-
tural technologies, agri-busi-
ness and management skills.
The Department is
Man is wise and constantly in quest of more wisdom; but the hereby authorized to com-
ultimate wisdom, which deals with beginnings, remains locked in mission and provide funding
a seed. There it lies, the simplest fact of the universe and at the
same time the one which calls forth faith rather than reason.—Hal for such training and exten-
Borland “The Certainty-April 5,” Sundial of the Seasons sion services undertaken by
(1964) the private sector.
(A. Oposa)
SEC. 92. The Role of
Government Agencies.—The Department, together with state colleges and universities
shall assist in the LGU’s extension system by improving their effectiveness and effi-
ciency through capability-building and complementary extension activities such as:
a. technical assistance;
b. training of LGU extension personnel;
c. improvement of physical facilities;
d. extension cum research; and
e. information support services;
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SEC. 93. Funding for Extension Activities.—Extension activities shall be sup-

ported by the following measures:
a. allocation of multi-year budgets that shall be treated as grants;
b. allow transfer of funds from the Department to the local government units as
extension grants, and
c. the budget for agriculture and fisheries extension services shall be at least one
percent (1%) of the gross value added (GVA) by year 2001
SEC. 94. Excellence and Accountability in Extension.—The Department shall for-
mulate the guidelines in evaluating extension, activities, and institutions, which shall in-
volve an independent and interdisciplinary team of the collegial reviewers and evaluators.
SEC. 95. Extension Communication Support for LGU’s.—The Department in co-
ordination with the public and private universities and colleges, shall develop an inte-
grated multimedia support for national and LGU extension programs. The Department
shall assist the LGU’s in the computerization of communication support services to
clients and linkages to the NIN.
TITLE 4
RURAL NON-FARM EMPLOYMENT
Chapter 1
SEC. 96. Declaration of policy.—It is hereby declared the policy of the State to
promote full employment. Economic history, however, shows that as an economy mod-
ernizes the number of workers employed in its agricultural sector declines. It is there-
fore necessary to formulate policies and implement programs that will employ workers
efficiently in rural areas in order to improve their standard of living, and reduce their
propensity to migrate to urban areas.
SEC. 97. Objectives.—Rural non-farm employment aims to:
a. promote a basic needs approach to rural development;
b. make rural workers more adaptable and flexible through education and train-
ing;
c. promote rural industrialization and the establishment of agro- processing en-
terprises in rural communities; and
d. increase the income of rural workers.
Chapter 2
The Basic Needs Program
SEC. 98. Principles.—The Department, in coordination with the appropriate

government agencies, shall formulate the Basic Needs Program to create employment
and cushion the effect of liberalization based on the following principles:
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a. No credit subsidies shall be granted. The normal rules of banking shall apply
to all enterprises involved, provided that existing credit arrangements with ARBs shall
not be affected.
b. Enterprises can use training, information, advisory and related services of the
Government free of charge.
c. The participation of the private sector shall be voluntary.
Teams composed of specialists from government agencies and the private sectors
shall develop pilot programs in selected locales to establish the planning, implementa-
tion and evaluation procedures.
SEC. 99. Participation of Government Agencies.—The replication of the program
shall be the responsibility of the local government units concerned in collaboration with
the appropriate government agencies, and the private sector. The local government
units shall bear the costs of promoting and monitoring the basic needs program for
which their IRA shall be increased accordingly as recommended by the Secretary of the
Department Provided, That the appropriate national government agencies shall con-
tinue to provide the necessary technical as well as financial assistance to the LGUs in
the replication of the program.
The Cooperatives Development Authority shall encourage the establishment and
growth of associations and cooperatives as vehicles for the stable expansion of basic
needs enterprises.
The Department of Education, Culture and Sports, Department of Health, and the
Technical Education and Skills Development Authority shall coordinate with the De-
partment and Congress in the review, rationalization and reallocation of their regular
budgets as well as their budgets under the GATT- related measures fund to finance
education, training, health and other welfare services for farmers and fisherfolk.
Chapter 3
Rural Industrialization Industry Dispersal Program
SEC. 100. Principles.—Rural industrialization and industry dispersal programs

shall be based on the interplay of market forces. The Board of Investments (BOI) is
hereby required to give the highest priority to the grant of incentives to business and
industries with linkages to agriculture.
SEC. 101. Role of Government Agencies.—The appropriate government agencies,
under the leadership of the LGUs concerned, shall provide integrated services and in-
formation to prospective enterprises under the one-stop-shop concept.
Local government units are authorized to undertake investment and marketing
missions provided that the costs of such missions are borne by the LGUs concerned. In
making their land use plans, the LGUs, in consultation with the appropriate govern-
ment agencies concerned, shall identify areas for industrial parks.
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AGRICULTURE
The Department shall coordinate with the Department of Trade and Industry , in
particular, the Board of Investments, in the formulation of investments priorities for
rural areas.
The Regional Wage Boards shall consult participating enterprises in this program
before they issue wage orders.
SEC. 102. Participating Enterprises.—Participating enterprises may request
any government agency for training, technical and advisory services free of cost.
A set of incentives shall be given to enterprises that subcontract part of their pro-
duction to farmers, fisherfolk and landless workers during periods when they are not
engaged in agricultural activities.
SEC. 103. Financing.—Except for basic infrastructure and other goods that
benefit all citizens, the facilities of this program should be undertaken and financed by
the private sector.
“Let us never forget that the cultivation of the Earth

is the most important labor of man. After tillage,
the acts follow. The farmers therefore, are the
founders of civilization.”—D. Webster
(A. Oposa)
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Chapter 4
Training of Workers
SEC. 104. Role of TESDA.—TESDA shall organize local committees that will
advise on the scope, nature and duration of training for the above-mentioned programs.
TESDA is authorized to request the additional budgetary resources for these pro-
grams: Provided, That after a reasonable period, the task of coordinating the training is
transferred to the LGUs concerned.
SEC. 105. Role of the DENR.—The Department and the DENR shall organize
the training of workers in coastal resources management and sustainable fishing tech-
niques.
SEC. 106. Role of the Technology and Livelihood Resource Center (TLRC).—The
TLRC shall undertake field training in entrepreneurship and management of workers
involved in the basic needs program.
SEC. 107. Special Training Projects for Women.—The Department, in collabora-
tion with the appropriate government agencies concerned shall plan and implement
special training projects for women for absorption in the basic needs and rural industri-
alization programs.
TITLE 5
TRADE AND FISCAL INCENTIVES
SEC. 108. Taxation policies must not deter the growth of value-adding activities
in the rural areas.
SEC. 109. All enterprises engaged in agriculture and fisheries as duly certified
by the Department in consultation with the Department of Finance and the board of
Investment, shall, for five (5) years after the effectivity of this Act, be exempted from
the payment of tariff and duties for the importation of all types of agriculture and fish-
eries inputs, equipment and machinery such as, but not limited to, fertilizer, insecticide,
pesticide, tractor, trailers, trucks, farm implements and machinery, harvesters, thresh-
ers, hybrid seeds, genetic materials, sprayers, packaging machinery and materials,
bulk-handling facilities such as conveyors and mini loaders, weighing scales, harvesting
equipment, spare parts of all agricultural equipment, fishing equipment and parts
thereof, refrigeration equipment, and renewable energy systems such as solar panels
Provided, however, That the imported agricultural and fishery inputs, equipment and
machinery shall be for the exclusive use of the importing enterprise.
The Department, in consultation with the Department of Finance and the Board of
Investment, shall, within ninety (90) days from the effectivity of this Act, formulate the
implementing rules and regulations governing the importation of agriculture and fish-
ery inputs, equipment and machinery.
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AGRICULTURE
SEC. 110. Any person, partnership, corporation, association and other juridical
entity found circumventing the provisions of Section 109 of this Act shall suffer the
penalty of imprisonment for a period of not less than six (6) months but not more than
one (1) year, or a fine equivalent to two hundred percent (200%) of the value of the im-
ported materials, or both, at the discretion of the court, and the accessory penalties of
confiscation of the imported goods in favor of the government and revocation of the
privileges given under this title.
In cases where the violator is a juridical entity, the officers responsible in the vio-
lation of Section 109 shall suffer the penalty of imprisonment prescribed in this Section.
The importation of goods equivalent to or exceeding the declared assets of the en-
terprise, partnership, or the authorized capital stock in case of corporations, and/or the
resale of the imported goods shall be a prima facie evidence of the violation of the provi-
sions of Section 109 of this Act.
GENERAL PROVISIONS
SEC. 111. Initial Appropriation.—For the first year of implementation of this

Act, the amount of Twenty Billion pesos (P20,000,000,000.00) is hereby appropriated.
The Department is hereby authorized to re-align its appropriations in the current year
of the date of effectivity of this Act to conform with the requirements of this Act Pro-
vided, That the amount shall be allocated and disbursed as follows:
1. Thirty percent (30%) for irrigation;
2. Ten percent (10%) for post-harvest facilities Provided, That the Secretary of
Agriculture may invest up to fifty percent (50%) of the said amount to fund post-harvest
facilities of cooperatives, especially market vendors’ cooperatives, where said coopera-
tives exist and are operational Provided, further, That if no cooperatives are opera-
tional, said amount shall fund the post-harvest facilities of the market -assistance sys-
tem;
3. Ten percent (10%) for other infrastructure including fishports, seaports, and
airports, farm-and -coast-to-market roads, rural energy, communications infrastructure,
watershed rehabilitation, water supply system, research and technology infrastructure,
public markets and abattoirs;
4. Ten percent (10%) for the Agro-industry Modernization Credit and Financing
Program (AMCFP) to be deposited by the Department in participating rural-based pub-
lic and private financial institutions provided that no less than fifty percent (50%) of
said funds shall be deposited in rural banks in cooperative banks;
5. Eight percent (8%) for the implementation of the Farmer-Fisherfolk Marketing
Assistance System and support of market vendors’ cooperatives;
6. Ten percent (10%) for research and development, four percent (4%) of which
shall be used to support the Biotechnology Program;
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7. Five percent (5%) for capability-building of farmers and fisherfolk organiza-

tions and LGUs for the effective implementation of the agriculture and fisheries pro-
grams at the local level;
8. Six percent (6%) for salary supplement of Extension Workers under the LGUs;
9. Five percent (5%) for NAFES , for the upgrading of the facilities of State Uni-
versities and Colleges that will be chosen as national center of excellence in agriculture
and fisheries education;
10. Four percent (4%) for the National Information Network (NIN) consisting of
both the national and local levels;
11. One-and-three-fourth percent (1.75%) for SUC- and TESDA-administered
Rural Non-Farm Employment Training; and
12. One-fourth percent (0.25%) for the identification of the SAFDZs.
SEC. 112. Continuing Appropriation.—The Department of Budget and Man-
agement (DBM) is hereby mandated to include annually in the next six (6) years, in the
President’s Program of expenditures for submission to Congress, and release, an
amount not less than Seventeen billion pesos (P17,000,000,000.00) for the implementa-
tion of this Act.
Additional funds over and above the regular yearly budget of the Department shall
be sourced from twenty percent (20%) of the proceeds of the securitization of govern-
ment assets, including the Subic, Clark, and other special economic zones.
Other sources of funds shall be from the following:
a. Fifty Percent (50%) of the net earnings of the Public Estates Authority;
b. Loans, grants, bequest, or donations, whether from local or foreign sources;
c. Forty percent (40%) of the TESDA Skills Development Fund;
d. Net proceeds from the privatization of the Food Terminal Inc. (FTI), the Bu-
reau of Animal Industry (BAI), the Bureau of Plant Industry (BPI), and other assets of
the Department that will be identified by the DA Secretary and recommended to the
President for privatization;
e. Proceeds from the Minimum Access Volume (MAV) in accordance with the
provisions of Republic Act No. 8178;
f. Poverty alleviation Fund; and
g. Fifty Percent (50%) of the Support Facilities and Services Fund under Repub-
lic Act No. 6657.
SEC. 113. Implementing Rules and Regulations.—The Secretary within ninety
(90) working days after the effectivity of this act, together with the Department of
Agrarian Reform (DAR), Department of Environment and Natural Resources (DENR),
Department of Finance (DOF), Department of Science and Technology (DOST), De-
partment of Trade and Industry (DTI), Commission on Higher Education (CHED),
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AGRICULTURE
Technical Education and Skills Development Authority (TESDA), Department of Edu-

cation , Culture and sports (DECS), Department of Social services and Development
(DSSD), National Economic and Development Authority (NEDA), Department of
Budget and Management (DBM), Department of Labor and Employment (DOLE),
Commission on Audit (COA), Civil Service Commission (CSC), in consultation with
other agencies concerned, farmers, fisherfolk and agribusiness organizations, and in
coordination with the Congressional Oversight committee on Agriculture and Fisheries
Modernization, shall promulgate the rules and regulations for the effective implementa-
tion of this act.
The Secretary shall submit to the Committee on Agriculture of both houses of con-
gress copies of the implementing rules and regulations within thirty (30) days after
their promulgation.
Any violation of this section shall render the official/s concerned liable under Re-
public Act. No. 6713 otherwise known as the “Code of Conduct and Ethical Standards
for Public Officials and Employees” and other existing administrative and/or criminal
laws.
SEC. 114. Congressional Oversight Committee on Agricultural and Fisheries
Modernization.—A congressional Committee on Agricultural and Fisheries Moderniza-
tion is hereby created to be composed of the Chairs of the Committee on Agriculture of
both Houses, six (6) members of the House of Representatives and six (6) members of
the Senate, to be designated respectively by the Speaker of the House and the President
of the Senate, who shall endeavor to have the various sectors and regions of the country
represented.
The Chairs of the Committees on Agriculture in the Senate and House of Repre-
sentatives, shall be respectively, the Chair and Co-Chair of the Oversight Committee.
The other members shall receive no compensation: however, traveling and other neces-
sary expenses shall be allowed.
The Committee shall oversee and monitor the implementation of the Congres-
sional Commission on Agricultural Modernization (AGRICOM) recommendations as
well as all programs, projects and activities related to agriculture and fisheries, and its
allied concerns in both public and private sectors, with a view to providing all legisla-
tive support and assistance within the powers of Congress to ensure their inclusion,
wherever feasible, in the national, regional, provincial, municipal, and sectoral devel-
opment plans to recommend the disposal of assets no longer needed by the Department
to fund the modernization program, and to see them through their successful imple-
mentation.
SEC. 115. Powers and Functions of the Committee.—The Congressional Over-
sight on Agriculture and Fisheries Modernization shall have the following powers and
functions:
a. Prescribe and adopt guidelines that will govern its work;
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b. Hold hearings, receive testimonies and reports pertinent to its specified con-
cerns;
c. Secure from any department, bureau, office or instrumentality of the Govern-
ment such assistance as may be needed, including technical information, preparation,
and production of reports and submission of recommendations or plans as it may re-
quire;
d. Summon by subpoena any public or private citizen to testify before it, or re-
quire by subpoena duces tecum to produce before it such records, reports or other docu-
ments as may be necessary in the performance of its functions;
e. Use resource persons from the public and private sectors as may be needed;
f. Carry on the winding-up work of AGRICOM, such as editing and printing all
technical reports and studies as well as bibliographic cataloguing of its collection of
source materials, continue its information and advocacy work;
g. Cause to be transferred to the Committee all works, outputs, source materials,
and assets, funds, supplies and equipment of AGRICOM;
h. Approve the budget for the work of the Committee and all disbursements
therefrom, including compensation of all personnel;
i. Organize its staff and hire and appoint such employees and personnel whether
temporary, contractual or on consultancy, subject to applicable rules; and
j. Generally to exercise all the powers necessary to attain the purposes for which
its created.
SEC. 116. Periodic Reports.—The Committee shall submit periodic reports on its
findings and make recommendations on actions to be taken by Congress and the appro-
priate department, and in order to carry out the objectives of this Act, an initial amount
of Twenty million pesos (P20,000,000.00) is hereby appropriated for the Oversight
Committee for the first year of its operation.
SEC. 117. Automatic Review.—Every five (5) years after the effectivity of this
Act, an independent review panel composed of experts to be appointed by the President
shall review the policies and programs in the Agriculture and Fisheries Modernization
Act and shall make recommendations, based on its findings, to the President and to
both Houses of Congress.
SEC. 118. Repealing Clause.—All laws, decrees, executive issuance, rules and
regulations inconsistent with this Act are hereby repealed or modified accordingly.
SEC. 119. Separability Clause.—The provisions of this Act are hereby declared
to be separable, and in the event one or more of such provisions are held unconstitu-
tional, the validity of the other provisions shall not be affected thereby.
SEC. 120. Effectivity.—This Act shall take effect thirty (30) days from the date of
its publication in the Official Gazette or in at least two (2) newspapers general circulation.
Approved: 22 December 1997.
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HIGH—VALUED CROPS
Philippine Policy on Transgenics

(Department of Agriculture Administrative Order No. 8, S. 2002)
“This is the Philippine government policy regarding “the importation and release
into the environment of plants and plant products derived from the use of modern bio-
technology.” It is divided into 22 sections and classified into seven parts. This can be
further classified into three major portions that include the general provisions, approval
and delisting procedures, and the miscellaneous provisions:
The first part contains the general provisions (Part I). These consist of the defini-
tion of terms, coverage of the policy, the risk assessment process and the responsible
officer (Sec. 1-4). The second major portion provides the procedures for different aspects
of transgenics. This includes the approval process for importation of regulated articles
for contained use (Part II, Sec. 5-6); the approval process for field testing of regulated
articles (Part III, Sec. 7-8); the approval process for propagation of regulated articles
(Part IV, Sec. 9-10); the approval process for importation of regulated articles for direct
use as food or feed, or for processing (Part V, Sec. 11-12), and; the procedure for delist-
ing of regulated articles (Part VI, Sec. 13-14). The remaining portion contains the mis-
cellaneous provisions (Part VII). These comprise the confidential business information,
outside experts and accreditation of laboratories, fees, appeal, transition period, repeal-
ing clause, separability, and the effectivity (Sec, 15-22).”
High—Valued Crops (Republic Act 7900)

SECTION 1. Title.—This Act shall be known as the “High-Value Crops Devel-
opment Act of 1995.”
SEC. 2. Declaration
of Policy.—It is hereby de-
declared the policy of the
State to accelerate the
growth and development of
agriculture in general,
enhance productivity and in-
comes of farmers and the
rural population, improve
investment climate, compe-
tencies and efficiency of
agribusiness and develop
high-value crops as export
crops that will significantly
augment the foreign ex- “Our understandings are always liable to error. Nature and
change earnings of the coun- certainty are very hard to come at, and infallibility is mere vanity
try, through an all-out pro- and pretense.” — Marcus Antoninus
(A. Oposa)
277
LAND
motion of the production, processing, marketing, and distribution of high-value crops in

suitable areas of the country.
The State shall be guided by the principles that land has a social function and land
ownership has a social responsibility. As such, owners and lessees of agricultural land,
being stewards, have the obligation to cultivate the lands they own or lease and make
the land economically productive on a sustainable and environmentally friendly man-
ner. The State has the right to expropriate lands not utilized for the benefit of the com-
munity and the country as a whole.
The State shall effect an efficient use of land and other productive resources with
due regard to ecological balance and environmental protection, rural development, eq-
uity consideration, mobilization of human resources, and increased agro-industrial
production for the alleviation of poverty and sustainable growth objectives.
SEC. 3. Scope of Application.—This Act shall cover upland dwellers as well as
lowland tenants, indigenous and cultural communities, Comprehensive Agrarian Re-
form Program (CARP) beneficiaries, upland farm owners, farmers, farmers’ organiza-
tions/associations/cooperatives, community associations and farmworkers, and to the
extent herein provided, the departments, offices, agencies, subdivisions, branches or
instrumentalities in the areas identified by the Department of Agriculture as key com-
mercial crop production areas.
SEC. 4. Definition of Terms.—For purposes of this Act, the term:
1. “Non-traditional crops”—refer to crops other than rice, corn, coconut and
sugar.
2. “High-value crops (HVC)”—these are crops other than traditional crops which
include, but are not limited to: coffee and cacao, fruit crops (citrus, cashew, guyabano,
papaya, mango, pineapple, strawberry, jackfruit, rambutan, durian, mangosteen,
guava, lanzones, and watermelon), root crops (potato and ubi), vegetable crops (aspara-
gus, broccoli, cabbage, celery, carrots, cauliflower, radish, tomato, bell pepper, and pa-
tola), legumes, pole sitao (snap beans and garden pea), spices and condiments (black
pepper, garlic, ginger, and onion), and cutflower and ornamental foliage plants (chry-
santhemum, gladiolus, anthuriums, orchids, and statice).
3. “Idle and abandoned land”—refers to any agricultural land not cultivated, ti-
tled or developed to produce any crop nor devoted to any specific economic purpose con-
tinuously for a period of three (3) years immediately prior to the receipt of notice of
acquisition by the government as provided under the CARP.
4. “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.
5. “Forest land”—refers to the lands of the public domain which have not been
declared as alienable or disposable, public forests, permanent forests or forest reserves,
forest reservations, timberlands, grazing lands, game refuge, and bird sanctuaries.
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HIGH—VALUED CROPS
SEC. 5. Site Identification.—The Department of Agrarian Reform and the De-

partment of Agriculture, in coordination with the Department of Environment and
Natural Resources, and the municipal government concerned, shall identify the broad
areas suitable for high-valued crops production, within six (6) months after the effectiv-
ity of this Act: Provided, That such site identification shall be reviewed at appropriate
intervals to ensure consistency with the agrarian reform program and the national land
use policy.
SEC. 6. Tenurial Arrangement.—Farmer cooperatives may lease the land for a
period of twenty-five (25) years, and not to exceed one thousand hectares (1,000 has.) in
area.
SEC. 7. Farm Model.—For the program, farmers may adopt the cooperative sys-
tem in putting up economically-sized farms for high-value crop farming. Farmer mem-
bers shall collectively manage individual farms which includes contracting process and
means of production; planning and coordinating crops varieties; and raising breed, hec-
tarage, distribution and some production measures with reference to the market it shall
serve. Said farm models may be replicated by farmers’ organizations all over the coun-
try.
SEC. 8. High-Value Crops Development Fund (HVCDF).—For the purpose of
providing the funding requirements of the production, marketing, and processing of
high-value crops, and the establishment of low-cost credit to qualified project propo-
nents, there is hereby created a High-Value Crops Development Fund (HVCDF), with
an initial amount of One billion pesos (P1,000,000,000). The HVCDF shall be sourced
from the Comprehensive Agricultural Loan Fund (CALF) and shall be managed by the
Land Bank of the Philippines (LBP) and the Development Bank of the Philippines
(DBP). Other sources of funds, including but not limited to borrowings from local and
international financial institutions, shall also be considered to further support the pro-
gram: Provided, That sixty percent (60%) of the HVCDF shall be utilized for direct lend-
ing to high-value crop producers while the remaining forty percent (40%) shall be allo-
cated by the Department of Agriculture to guarantee loans granted by private financial
institutions toward high-value crop production through existing guarantee institutions.
The Department of Agriculture, which is directly responsible for the management of the
HVCDF, is hereby authorized to designate the Land Bank of the Philippines and the
Development Bank of the Philippines to manage the direct lending operations of the
sixty percent (60%) portion of the HVCDF through LBP and DBP facilities or their
conduits.
All financial institutions, whether public or private, shall be tapped to support the
program. Participating banks are hereby exempted from the compliance requirement of
64
Presidential Decree No. 717: Provided, That they shall lend a minimum of five percent
_______________________
64
Providing an Agrarian Reform Credit and Financing System for Agrarian Reform Benefi-
ciaries through Banking Institutions [P.D. No. 717 (29 May 1975)].
279
LAND
(5%) of their loanable funds without alternative compliance directly to farmers’ associa-
tions or cooperatives.
Other sources of funds, including but not limited to borrowings from local and in-
ternational financial institutions, shall also be considered to further support the pro-
gram.
SEC. 9. Incentives.—The proponents of the program shall be entitled to the fol-
lowing incentives:
a. Crop insurance—the insurance program of the Philippine Crop Insurance Cor-
poration (PCIC) shall be expanded to cover high-value crops. The premium rates shall
be set not on the basis of the performance of previous programs specifically on rice and
corn;
b. Credit assistance—the HVCDF shall be loaned out to farmers’ organizations/
associations/cooperatives composed of, but not limited to, CARP beneficiaries, subject to
the prevailing Land Bank interest rates;
c. Credit Guarantee—to enhance the bankability of projects, a credit guarantee
cover shall be extended by the Quedan and Rural Credit Guarantee Corporation
(QUEDANCOR) which shall thereby be provided with a commensurate guarantee fund,
in the form of equity, out of the HVCDF;
d. Grace period on lease of government lands payments—project proponents shall
effect payment on the lease not earlier than two (2) years after the lease agreement is
signed and approved. The grace period shall be determined by the gestation periods of
the crops;
e. Tax exemption—project proponents as defined in Section 7 of this Act shall be
entitled to the following tax exemptions:
1. Exemptions from taxes and duties subject to the provisions of Article 62
of Republic Act No. 6938 or the Cooperative Code of the Philippines;
2. Exemption from the value-added tax in accordance with Section 103 of
65
the National Internal Revenue Code, as amended; and
3. Exemption from taxes, fees and charges under Title One of Book Two of
66
the Local Government Code of 1991 in accordance with Section 133(n) of the said
Code.
f. Market linkage—the Department of Agriculture, in coordination with the De-
partment of Trade and Industry, shall link-up agribusiness cooperatives directly with
consumers cooperatives, agro-processing companies, or exporters to provide marketing
outlets and assure relatively higher and stable prices. Agro-processing firms buying
directly from project proponents shall be granted tax rebates.
_______________________
65
R.A. No. 8424, 11 December 1997.
66
R.A. No. 7160, 10 October 1991.
280
HIGH—VALUED CROPS
To ensure health and proper trading, the agribusiness development group of the
Department of Agriculture shall establish and enforce standards in grading, sampling
and inspection, tests and analysis, specifications, nomenclature, units of measurement,
code of practice and packaging, preservation, conservation and transportation of high-
value crops.
g. Technical and infrastructure support—technical support on research and ex-
tension, infrastructure development, financial and market information shall be pro-
vided by the Department of Agriculture, Department of Trade and Industry, Depart-
ment of Science and Technology, Cooperative Development Authority, state universities
and colleges and other relevant government agencies;
h. Post harvest facilities—access to post harvest facilities, storage and distribu-
tion/transport facilities of existing government agencies shall be facilitated. Assistance
shall be given to qualified and viable farmers/growers cooperatives in the availment of
soft loans or grants for the construction of post-harvest, processing and storage facili-
ties. Guidelines for the eventual transfer of ownership of these facilities to the propo-
nent shall be formulated by the Department of Agriculture;
i. Good seeds and planting materials—the Department of Agriculture, in coordi-
nation with the state universities and colleges, the Department of Trade and Industry,
and farmers organizations shall make good seeds and materials readily available to
farmers/farmers’ cooperatives to ensure high yield and good quality produce. However,
the project proponents may be allowed to import, free of duties, high quality
seeds/planting materials subject to quarantine laws and Section 15 of Republic Act No.
7083 or the Seed Industry Development Act of 1992; and
j. Fiscal incentives—the same fiscal incentives granted by the Board of Invest-
ments shall be automatically granted to project proponents.
SEC. 10. Inter-Agency Committee.—A committee, composed of representatives
from the Department of Agriculture, the Department of Agrarian Reform, the Bangko
Sentral ng Pilipinas, the Land Bank of the Philippines, the Development Bank of the
Philippines, the Cooperative Development Authority, the Department of Science and
Technology, the Department of Trade and Industry, the Department of Environment
and Natural Resources, and the Department of the Interior and Local Government and
one (1) each from the small farmers and commercial producers sectors to be designated
by the Secretary of Agriculture, shall formulate and prescribe, after public hearing and
publication as required by law, the implementing rules and regulations in order to carry
out the provisions of this Act. The representatives from the Department of Agriculture
and the Department of Trade and Industry shall be the chairman and the vice-
chairman, respectively, of the committee.
The Secretary of the Department of Agriculture shall report to both Houses of
Congress on the status of the High-Value Crops Development Program biannually.
SEC. 11. Agribusiness Development Group.—The agribusiness development
group of the Department of Agriculture shall be strengthened to implement, coordinate
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and monitor the program based on the rules and regulations set forth by the inter-
agency committee. Aside from its usual functions, it shall be tasked to perform the fol-
lowing functions:
a. Assist in the formulation of general and specific policies for the development of
high-value crops;
b. Set up the appropriate system to monitor the utilization of the HVCDF and
shall furnish the Bangko Sentral ng Pilipinas regular reports on the financial institu-
tions’ compliance to the program;
c. Extend assistance in marketing and distribution of high-value crops through
monitoring and dissemination of market information, including identification of the
local supply-demand situation, domestic market matching and overseas market intelli-
gence and promotion activities on high-value crops;
d. Enjoin the Department of Transportation and Communications to effect a
more efficient, regular, adequate, suitable, and economical means of transporting and/or
shipping of high-value crops, for purposes of reducing marketing costs and ensuring
stable consumer supply;
e. Encourage the establishment of wholesale markets in identified major centers
of the country: Provided, That agricultural produce collection centers may also be estab-
lished in areas where feasible, which may also serve as buying stations of farm prod-
ucts, packaging houses, pick-up points and meeting places of farmers’/growers’ coopera-
tives;
f. Establish linkages with various government and private research institutions
for the conduct of studies and researches designed to promote the production, market-
ing and processing of high-value crops;
g. Conduct farmers’ training programs primarily aimed at increasing their
knowledge on production technologies and on market potentials and prospects for vari-
ous types of high-value crops, through the DA-Agricultural Training Institute (ATI), the
DTI or the LGU’s technicians or by contracting agriculturists and marketing specialists
from private or academic institutions;
h. Establish experimental stations and seed farms for the development of varie-
ties suitable to the agro-climatic conditions of the area and markets that will provide
greatest value added to high-value crops; and
i. Devise and maintain a system for regularly obtaining information on current
and future production, their prices and movement in trade, to determine and effect a
balanced distribution of high-value crops by means of inter-trading or intra-trading
among the established wholesale markets. Such amount as may be needed for the ini-
tial operating expenses of the group shall be charged to any available funds in the ap-
propriation for current operating expenditures of the Department of Agriculture.
Thereafter, the amount necessary for its operations shall be included in the annual
General Appropriations Act.
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FERTILIZERS AND PESTICIDES
SEC. 12. Repealing Clause.—All laws or parts thereof, decrees, orders, rules and
regulations inconsistent with the provisions of this Act are hereby repealed or modified
accordingly: Provided, however, That nothing in this Act shall be construed or applied
as amending the CARL and other laws on agrarian reform.
SEC. 13. Separability Clause.—If any of the provisions of this Act is declared in-
valid, the other provisions not affected thereby shall remain in full force and effect.
SEC. 14. Effectivity Clause.—This Act shall take effect immediately following its
publication in a newspaper of general circulation or in the Official Gazette, whichever
comes first.
Approved: 23 February 1995.
Fertilizers and Pesticides

WHEREAS, it is Government policy to provide adequate assistance to the agricul-
tural sector in line with the national objective of increasing food production;
WHEREAS, fertilizer
and pesticides are vital
inputs in food production
and must be supplied in ade-
quate quantities at reason-
able cost;
WHEREAS, improper
pesticides usage presents
serious risks to users, hand-
lers, and the public in gene-
ral because of the inherent
toxicity of these compounds
which are, moreover, poten-
tial environmental contami-
nants;
WHEREAS, there is a
need to educate the agricul-
ture sector on the benefits as “Because we decided to plant only one crop in a certain
well as the hazards of pesti- patch of land, we in effect removed the interplay of predator
cides use so that it can util- and prey in the cycle of life. Thus, because the bugs that prey
ize pesticides properly to on grains no longer have their own predator, we call them
pests, use chemical poison to kill them, and eventually
promote human welfare
poisoning also the living soil, and, in the end, poisoning
while avoiding dangers to ourselves.”
health and environmental (A. Oposa)
pollution.
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WHEREAS, the fertilizer and pesticides industries have much in common in terms
of clientele, distribution channels, system of application in farmer’s fields, and technical
supervision by the same farm management technicians under the government‘s food
production program;
WHEREAS, the foregoing considerations make it desirable to have one agency to
regulate fertilizer importation, manufacture, formulation, distribution, delivery, sale,
transport and the storage as well as pesticide labeling, distribution, storage, transporta-
tion, use and disposal;
WHEREAS, the Fertilizer Industry Authority was created by Presidential Decree
No. 135, dated 22 February 1973, and amended by Presidential Decree Nos. 517 and
669, dated 19 July 1974 and 11 March 1975 respectively, in order to regulate, control
and develop the fertilizer industry but does not include the pesticide industry in its
jurisdiction;
WHEREAS, there is an urgent need to create a technically-oriented government
authority equipped with the required expertise to regulate, control and develop both the
fertilizer and the pesticide industries;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines
by virtue of the powers vested in me by the Constitution, do hereby decree and order the
following:
SECTION 1. Creation of the Fertilizer and Pesticide Authority.—The Fertilizer
and Pesticide Authority, hereinafter referred to as the FPA, is hereby created and at-
tached to the Department of Agriculture for the purpose of assuring the agricultural
sector of adequate supplies of fertilizer and pesticide at reasonable prices, rationalizing
the manufacture and marketing of fertilizer, protecting the public from the risks inher-
ent in the use of pesticides, and educating the agricultural sector in the use of these
inputs.
SEC. 2. Abolition of the Fertilizer Industry Authority.—The Fertilizer Industry
Authority created under Presidential Decree 135 dated 22 February 1973, as amended
by Presidential Decrees 517 and 669, dated 19 July 1974 and 11 March 1975 respec-
tively, is hereby abolished.
The FPA shall assume such appropriations, assets and liabilities and hire such
personnel of the FIA as may be determined by its Board of Directors; Provided, that
such assumption is made within sixty (60) days from the effectivity of this decree.
SEC. 3. Definitions.—For the purpose hereof, the terms herein below shall be
understood to mean as follows:
a. “Pesticide”—any substance or product, or mixture thereof, including active in-
gredients, adjuvants and pesticide formulations, intended to control, prevent, destroy,
repel or mitigate directly or indirectly, any pest. The term shall be understood to in-
clude insecticide, fungicide, bactericide, nematocide, herbicide, molluscicide, avicide,
rodenticide, plant regulator, defoliant, desiccant and the like.
284
b. “Fertilizer”—includes any substance - solid or liquid - or any nutrient element

or elements - organic or inorganic - singly or in combination with other materials, ap-
plied directly to the soil for the purpose of promoting plant growth, increasing crop yield
or improving their quality.
c. “Other agricultural chemicals”—shall mean chemicals, chemical inputs and
chemical compounds not herewith covered by the definition of fertilizer and pesticide
but utilized by the agricultural sector.
d. “Handlers”—shall mean exporters, importers, manufacturers, formulators, dis-
tributors, suppliers, wholesalers, dealers, repackers, commercial applicators, warehous-
ers, and retailers of fertilizers, fertilizer inputs, pesticide and other agricultural inputs.
e. “Tolerance level”—shall mean the maximum amount of pesticides as deter-
mined by the FPA, which may be allowed to remain in any raw agricultural produce at
any stage between harvesting and consumption.
f. “Imminent hazard”—shall mean a situation which exists when the continued
use of a pesticide will likely result in unreasonable adverse effects on the public and/or
the environment or will involve unreasonable hazards to the survival of a species de-
clared endangered by the appropriate authorities.
SEC. 4. Board of Directors.—The powers and functions of the FPA shall be
vested in and exercised by a Board of Directors which shall be composed of the following
officials or their representatives:
1. Secretary of Agriculture – Chairman
2. Secretary of Industry – Member
3. Secretary of Finance – Member
4. Secretary of Trade – Member
5. Governor, Central Bank – Member
6. President, Philippine National Bank – Member
7. Director, Bureau of Plant Industry – Member
8. Commissioner, Pollution Control Commission – Member
9. Administrator, Food and Drug Administration - Member
The members of the Board shall elect a Vice-Chairman who shall act as Chairman
in case of the absence, inability or temporary incapacity of the Chairman.
SEC. 5. Organization.—The FPA is empowered to determine and create its or-
ganizational structure in order to achieve its objectives, including the number, positions
and salaries of its officers and employees.
The Board is empowered to create the positions of Administrator, Deputy Admin-
istrator for Fertilizer, Deputy Administrator for Pesticides, and other subordinates
officials as may be required.
The Board shall appoint all the officers of the FPA, establish a compensation
scheme including allowances and benefits working hours and such other conditions of
employment as it may deem proper, discipline and/or remove for cause, and exercise
285
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such other powers over its personnel as may be necessary for the efficient operation of
the FPA.
SEC. 6. Powers and Functions.—The FPA shall have jurisdiction over all exist-
ing handlers of pesticide, fertilizers and other agricultural chemical inputs. The FPA
shall have the following powers and functions.
I. Common to Fertilizers, Pesticides and Other Agricultural Chemicals
1. To conduct an information campaign regarding the sale and effective use of
these products;
2. To promote and coordinate all fertilizer and pesticide research in cooperation
with the Philippine Council for Agriculture and Resources Research and other appro-
priate agencies to ensure scientific pest control in the public interest, safety in the use
and handling of pesticides, higher standards and quality of products and better applica-
tion methods;
3. To call upon any depart-
ment, bureau, office, agency
instrumentality of the govern-
ment, including government-
owned or controlled corporations,
or any officer or employee thereof
and on the private sector, for
such information or assistance as
it may need in the exercise of its
powers and in the performance of
its functions and duties;
4. To promulgate rules
and regulations for the registra-
tion and licensing of handlers of
these products, collect fees per-
taining thereto, as well as the
renewal, suspension, revocation,
or cancellation of such registra-
tion or licenses and such other
rules and regulations as may be A. Oposa and Jojo Dela Victoria tracing the source of
necessary to implement this ammonium nitrates seized in a raid in the Island of
Calituban, March 2004.” For his anti-illegal fishing
Decree;
campaign Jojo dela Victoria was murdered in his home in
5. To establish and impose Cebu on April 12, 2006.
appropriate penalties on handlers
of these products for violations of any rules and regulations established by the FPA;
6. To institute proceedings against any person violating any provisions of this
Decree and/or such rules and regulations as may be promulgated to implement the
provisions of this Decree after due notice and hearing;
286
7. To delegate such selected privileges, powers or authority as may be allowed by

law to corporations, cooperatives, associations or individuals as may presently exist or
be organized to assists the FPA in carrying out its functions; and
8. To do any and all acts not contrary to law or existing decrees and regulations
as may be necessary to carry out the functions of the FPA.
II. Fertilizers
1. To make a continuous assessment of the fertilizer supply and demand situa-
tion, both domestic and worldwide;
2. To establish and enforce sales quotes, production schedules, distribution areas
and such other marketing regulations as may be necessary to assure market stability
and viable operations in the industry;
3. To determine and set the volume and prices, both wholesale and retail, of fer-
tilizer and fertilizer industry;
4. To establish and implement regulations governing the import and export of
fertilizer and fertilizer inputs, and when necessary, to itself import and/or export such
items, including the negotiating and contracting of such imports and exports;
5. To import fertilizer and fertilizer inputs exempt from customs duties, compen-
sating and sales taxes and all other taxes, and to purchase naptha locally free from
specific taxes, and the corresponding duty on the imported crude, and to sell or convey
such fertilizer or fertilizer input to any individual, association, or corporation likewise
exempt from the payment of customs duties and all other taxes;
6. To control and regulate all marketing companies, whether importer, inventor,
wholesaler or retailer, by controlling and regulating prices, terms, mark-ups, distribu-
tion channels, promotion, storage and other marketing factors in the domestic fertilizer
market;
7. To regulate and control quality of the different grades of fertilizer and to set
new grades when necessary;
8. To control and regulate all aspects of domestic fertilizer production, including
the utilization of ideal capacity and the orderly expansion of the industry and to compel
the utilization of unused or underutilized capacities of fertilizer companies and to direct
any improvement, modifications or repairs as may be necessary to accomplish this;
9. To approve or to reject the establishment of new fertilizer or fertilizer input
plants and the expansion or contraction of existing capacities;
10. To obtain complete access to all pertinent information on the operations of
the industry, including audited and/or unaudited financial statements, marketing, pro-
duction, and inventory data;
11. To control and assist in the financing of the importation of fertilizer and fer-
tilizer inputs of production, of inventory and working capital, and of the expansion of
the industry;
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12. To do all such things as may be necessary to maintain an adequate supply of

fertilizers to the domestic market at reasonable prices while maintaining the long-term
viability of the industry.
III. Pesticide and Other Agricultural Chemicals
1. To determine specific use or manners of use for each pesticide or pesticide for-
mulation;
2. To establish and enforce tolerance levels and good agricultural practice for use
of pesticides in raw agricultural commodities;
3. To restrict or ban the use of any pesticide or the formulation of certain pesti-
cide in specific areas or during certain periods upon evidence that the pesticide is an
imminent hazard, has caused, or is causing widespread serious damage to crops, fish or
livestock, or to public health and the environment;
4. To prevent the importation of agricultural commodities containing pesticide
residues above the accepted tolerance levels and to regulate the exportation of agricul-
tural products containing pesticide residue above accepted tolerance levels;
5. To inspect the establishment and premises of pesticide handlers to endure that
industrial health and safety rules and anti-pollution regulations are followed;
6. To require if and necessary, of every handler of these products, the submission to
the FPA of a report stating the quantity, value of each kind of product exported, imported,
manufactured, produced, formulated, repacked, stored, delivered, distribution, or sold;
7. Should there be any extraordinary and unreasonable increases in prices, or a
severe shortage in supply of pesticides, or imminent dangers or either occurrences, the
FPA is empowered to imposed such control as may be necessary in the public interest,
including but not limited to such restrictions and controls as the imposition of price
ceilings, controls on inventories, of such pesticides or raw materials thereof as may be
in short supply.
SEC. 7. Power to Issue Rules and Regulations to Implement Decree. -- The FPA
is hereby authorized to issue or promulgate rules and regulations to implement and
carry out the purposes and provisions of this Decree.
SEC. 8. Prohibitions Governing Sale and Use of Fertilizers and Pesticides.—It
shall be unlawful for any handlers of pesticides, fertilizers, and other agricultural
chemicals or for any farmer, planter or end-user of the same as the case may be:
a. To engage in any form of production, importation, distribution, storage, and
sale in commercial quantities without securing from the FPA a license therefore;
b. To use any pesticide or pesticide formulation on crops, livestock, and the envi-
ronment in a manner contrary to good agricultural practice as hereinabove defined;
c. To deal in pesticide and/or fertilizers which have not been previously regis-
tered with FPA, or which registration has expired or has been suspended or revoked;
d. To adulterate pesticides’ formulation and fertilizer grades;
288
e. To impose as a condition for the purchase of fertilizer, the simultaneous pur-

chase of pesticide or other agricultural chemical inputs and vice-versa;
f. To mislabel or make claims which differ in substance from the representation
made in connection with a product’s registration or from its actual effectiveness; and
g. To violate such other rules and regulations as may be promulgated by FPA.
SEC. 9. Registration and Licensing.—No pesticides, fertilizer, or other agricul-
tural chemical shall be exported, imported, manufactured, formulated, stored, distrib-
uted, sold or offered for sale, transported, delivered for transportation or used unless it
has been duly registered with the FPA or covered by a numbered provisional permit
issued by FPA for use in accordance with the conditions as stipulated in the permit.
Separate registrations shall be required for each active ingredient and its possible for-
mulations in the case of pesticides or for each fertilizer grade in the case of fertilizer.
No person shall engage in the business of exporting, importing, manufacturing,
formulating, distributing, supplying, repacking, storing, commercially applying, selling,
marketing, of any pesticide, fertilizer and other agricultural chemicals except under a
license issued by the FPA.
The FPA, in the pursuit of its duties and functions, may suspend, revoke, or mod-
ify the registration of any pesticide, fertilizer and other agricultural chemicals after due
notice and hearing.
a. Fertilizer—Any person who violates any of the provisions of this Decree or nay
of the provisions of the rules and regulations issued or promulgated by the FPA on Fer-
tilizer shall be punished by imprisonment of not less than 15 years and 1 day or more
than 20 years if the amount involved is more than PhP50,000.00; by imprisonment of
not less than 10 years and 1 day or more than 15 years if the amount involved is
PhP10,000.00 or less, as well as a fine ranging from an amount equal to the value in-
volved to three times such value but which in no case be less than PhP5,000.00 nor
more than PhP20,000.00, by a fine of PhP5,000.00 but not more than PhP10,000.00 by
other violations where the amount involved cannot be determined; Provided, that if
falsification of a public or commercial document is committed by reasons or on the occa-
sion of the commission of any of the acts punishable herein, the offender shall be im-
posed the maximum fine and term of imprisonment as above prescribed. If the violation
is committed by a corporation, firm, partnership, cooperative, association or any other
entity, the penalty shall be imposed upon the guilty officer or officers of such corpora-
tions, firm, partnership, association or entity.
b. Pesticides—Any person who violates any of the provisions of this Decree or any
of the Provisions of the rules and regulations issued or promulgated by the FPA on
pesticide, shall be liable to a penal servitude of not in excess of one year or a fine of
PhP5,000.00 but not more than PhP10,000.00 provided, that if the violation is commit-
289
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ted by a corporation, firm, partnership, cooperative, association or any other entity, the
penalty shall be imposed upon the guilty officials or officers of such entities.
SEC. 11. Appropriation.—The sum of One Million and Two Hundred Thousand
(1.2 Million) Pesos shall, in addition to what has been appropriated for the Fertilizer
Industry Authority for the Calendar Year 1977, be released out of any funds in the
National Treasury not otherwise appropriated. For every calendar year thereafter, such
sums as may be necessary in the General Appropriations Decree.
Any provision of existing law to the contrary notwithstanding, the FPA may im-
pose fees or receive grants, subsidies, donations, or contributions from any entity and
retain such funds for its operation.
SEC. 12. Life of FPA.—The FPA shall constitute itself immediately and shall
continue to exist until and unless abolished by the President of the Philippines.
SEC. 13. Separability Clause.—The provisions of this Decree are hereby de-
clared to be separable, and in the event any one or more of such provisions are held
unconstitutional, the validity of other provisions shall not be affected.
SEC. 14. Repealing Clause.—All laws, decrees, acts, executive orders, ordi-
nances, rules and regulations which are inconsistent with the provisions of the Presi-
dential Decree are hereby repealed, amended or modified accordingly.
SEC. 15. Effectivity.—This Decree shall take effect upon approval.
Approved.
“If we do not permit the Earth to produce beauty and joy, it

will in the end not produce food either.”
— Joseph Woodkrutch
290
COCONUT CUTTING
Coconut Cutting
(Republic Act 8048)
Regulating the Cutting of Coconut Trees

SECTION 1. Title.—this act shall be known as the “Coconut Preservation Act of
1995.”
SEC. 2. Declaration of Policy. Sunrise in Bantayan Island.
—Considering the importance of the
coconut industry in nation building
being one of the principal industries
and one of the largest income earners
of the country, it becomes mandatory
for the government to step in and
regulate the unabated and indis-
criminate cutting of coconut trees. For
reasons of national interest, it is here-
by declared the policy of the State to
provide for the growth of the industry
by embarking on a sustainable and
efficient replanting program
For purposes of this Act, the following
terms shall be defined as follows:
a. Coconut tree refers to a tall
pinnate-leaved palm bearing a large
edible fruit called the coconut.
b. Replanting program refers to
the program formulated by the Philip- “Coconut—The Tree of Life.”
pine Coconut Authority (PCA) to reple- (A. Oposa)
nish the coconut trees which have been
permitted to be cut by the PCA.
c. Permit refers to the written authorization of the PCA allowing the cutting of
coconut trees.
d. Economically unproductive farm refers to a coconut area where the cost of farm
production and maintenance is greater than the generated proceeds or income for a
period of at least three (3) years.
e. Senescent coconut trees are coconut trees which are already over age, weak, and
no longer productive.
SEC. 4. Prohibition.—No coconut tree shall be cut except in the following cases
and only after a permit had been issued therefore:
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a. When the tree is sixty (60) years old;

b. When the tree is no longer economically productive;
c. When the tree is disease-infested;
d. When the tree is damaged by typhoon or lightning;
e. When the agricultural land devoted to coconut production shall have been con-
verted in accordance with law into residential, commercial or industrial areas;
f. When the land devoted to coconut production shall be converted into other ag-
ricultural uses or other agriculture-related activities in pursuance to a conversion duly
applied for by the owner and approved by the proper authorities: Provided, That DO
conversion shall be allowed by the PCA until after it shall have been verified and certi-
fied that for a period of at least three (3) years the majority of the coconut trees have
become senescent and economically unproductive or where the coconut farm is not
adaptable to sound management practices on account of geographical location, topogra-
phy, drainage and other conditions rendering the farm economically unproductive; and
g. When the tree would cause hazard to life and property.
No other causes other than those abovementioned shall be considered as a valid
ground for cutting.
SEC. 5. Permit to Cut.—No coconut tree or trees shall be cut unless a permit
therefore, upon due application being made, has been issued by the PCA pursuant to
Section 6 of this Act.
The applicant shall pay an application fee in the amount of twenty-five pesos
(P25.00) for every tree intended to be cut payable to the PCA. Ten pesos (P 10.00) of the
fee shall accrue in favor of the PCA, ten pesos (P10.00) in favor of the municipal gov-
ernment concerned, and five pesos (P5.00) in favor of the barangay unit concerned. The
fees shall be used for the PCX s replanting program and for the repair and rehabilita-
tion of roads of the respective local government units which have been damaged by the
passage of heavy vehicles used for transporting coconut lumber.
No permit to cut shall be granted unless the applicant, in coordination with the
PCA and the local government unit concerned, has already planted the equivalent
number of coconut trees applied for to be cut.
Such replantings, however, shall not apply to areas converted into industrial,
commercial or residential sites or land transformed in accordance with law, into other
agricultural purposes.
The PCA, in coordination with the local government unit concerned, shall regulate
and oversee the planting, fertilization and care of the newly planted coconut trees. For
this purpose, it shall be incumbent upon the PCA to conduct, from time to time,
on-the-spot inspections of the sites where the coconut trees have been planted.
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COCONUT CUTTING
SEC. 6. Authority to Cut.—The Philippine Coconut Authority shall have the ex-
clusive authority to grant permit for the cutting of coconut trees. The authority may be
delegated to the city or municipal mayors as the PCA may determine.
SEC. 7. Implementing Rules.—
The Philippine Coconut Authority shall
be the lead agency to implement the
provisions of this Act. For this purpose,
the Philippine Coconut Authority shall
prescribe the necessary rules and regu-
lations for the immediate and effective
implementation of this Act.
The PCA, in order to effectively
implement the provisions of this Act,
may request the assistance of any
local government unit, to monitor and
ensure compliance with this Act inclu-
ding its implementing rules and regu-
lations. For this purpose, the PCA may
deputize the Philippine National Po-
lice or other law enforcement agencies
to investigate and apprehend those
caught violating the provisions of this
Act, including the confiscation of ille-
gally cut trees. “Everything in life is speaking in spite of its
apparent silence.” — Hazrat Inayat Khan
In addition to the foregoing, the
PCA shall also, in coordination with (T. Cayton)
the local government unit concerned, require the registration of all sawmills, lumber-
yards, coconut wood dealers and other persons or entities dealing in the processing,
sawing of the coconut trees.
SEC. 8. Penalties.—Those found guilty of violating this Act or any rules and
regulations issued pursuant hereto shall, upon conviction, be punished by imprison-
ment of not less than one (1) year but not more than six (6) years, or a fine of not less
than Fifty Thousand Pesos (P50,000) but not more than Five Hundred Thousand Pesos
(P500,000), or both in the discretion of the court.
If the offender is a corporation or a juridical entity, the official who ordered or al-
lowed the commission of the offense shall be punished with the same penalty,
If the offender is in die government service, he shall, in addition, be dismissed
from office.
SEC. 9. Separability Clause.—If any part or section of this Act is declared un-
constitutional, such declaration shall not affect the other parts or sections of this Act.
293
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SEC. 10. Repealing Clause.—All laws, presidential decrees, executive orders,

rules and regulations inconsistent with any provisions of this Act shall be deemed re-
SEC. 11. Effectivity Clause.—This Act shall take effect upon its approval.
Animal Welfare (Republic Act 8485)
SECTION 1. It is the purpose of this Act to protect and promote the welfare of
all animals in the Philippines by supervising and regulating the establishment and ope-
rations of all facilities utilized for
breeding, maintaining, keeping, trea-
ting or training of all animals either
as objects of trade or as household
pets. For purposes of this Act, pet
animal shall include birds.
SEC. 2. No person, associa-
tion, partnership, corporation, coope-
rative or any government agency or
instrumentality including slaughter
houses shall establish, maintain and
operate any pet shop, kennel, vete-
rinary clinic, veterinary hospital,
stockyard, corral, stud farm or stock
farm or zoo for the breeding, treat-
ment, sale or trading, or training of
animals without first securing from
the Bureau of Animal Industry a
certificate of registration therefore.
The certificate shall be issued
upon proof that the facilities of such
establishment for animals are ade-
quate, clean and sanitary and will
not be used for, nor cause pain and/or
suffering to the animals. The certifi- “God loved the birds and invented trees. Man
cate shall be valid for a period of one loved the birds and invented cages.” — Jacques
Deval.
(1) year unless earlier cancelled for
(G. Tapan)
just cause before the expiration of its
term by the Director of the Bureau of Animal Industry and may be renewed from year
to year upon compliance with the conditions imposed hereunder. The Bureau shall
charge reasonable fees for the issuance or renewal of such certificate.
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ANIMAL WELFARE
The condition that such facilities be adequate, clean and sanitary, and that they
will not be used for nor cause pain and/or suffering to the animals is a continuing re-
quirement for the operation of these establishments. The Bureau may revoke or cancel
such certificate of registration for failure to observe these conditions and other just
causes.
SEC. 3. The Director of the Bureau of Animal Industry shall supervise and regu-
late the establishment, operation and maintenance of pet shops, kennels, veterinary
clinics, veterinary hospitals, stockyards, corrals, stud farms and zoos and any other
form or structure for the confinement of animals where they are bred, treated, main-
tained, or kept either for sale or trade or for training as well as the transport of such
animals in any form of public or private transportation facility in order to provide
maximum comfort while in transit and minimize, if not totally eradicate, incidence of
sickness and death and prevent any cruelty from being inflicted upon the animals.
The Director may call upon any government agency for assistance consistent with
its powers, duties, and responsibilities for the purpose of ensuring the effective and
efficient implementation of this Act and the rules and regulations promulgated there-
under.
It shall be the duty of such government agency to assist said Director when called
upon for assistance using any available fund in its budget for the purpose.
SEC. 4. It shall be the duty of any owner or operator of any land, air or water
public utility transporting pet, wildlife and all other animals to provide in all cases
adequate, clean and sanitary facilities for the safe conveyance and delivery thereof to
their consignee at the place of consignment. They shall provide sufficient food and wa-
ter for such animals while in transit for more than twelve (12) hours or whenever nec-
essary.
No public utility shall transport any such animal without a written permit from
the Director of the Bureau of Animal Industry or his/her authorized representative. No
cruel confinement or restraint shall be made on such animals while being transported.
Any form of cruelty shall be penalized even if the transporter has obtained a per-
mit from the Bureau of Animal Industry. Cruelty in transporting includes overcrowd-
ing, placing of animals in the trunks or under the hood trunks of the vehicles.
SEC. 5. There is hereby created a Committee on Animal Welfare attached to the
Department of Agriculture which shall, subject to the approval of the Secretary of the
Department of Agriculture, issue the necessary rules and regulations for the strict im-
plementation of the provisions of this Act, including the setting of safety and sanitary
standards, within thirty (30) calendar days following its approval. Such guidelines shall
be reviewed by the Committee every three (3) years from its implementation or when-
ever necessary.
The Committee shall be composed of the official representatives of the following:
1. The Department of Interior and Local Government (DILG);
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LAND
2. Department of Education, Culture and Sports (DECS);

3. Bureau of Animal Industry (BAI) of the Department of Agriculture (DA);
4. Protected Areas and Wildlife Bureau (PAWB) of the Department of Environ-
ment and Natural Resources (DENR);
5. National Meat Inspection Commission (NMIC) of the DA;
6. Agriculture Training Institute (ATI) of the DA;
7. Philippine Veterinary Medical Association (PVMA);
8. Veterinary Practitioners Association of the Philippines (VPAP);
9. Philippine Animal Hospital Association of the Philippines (PAHA);
10. Philippine Animal Welfare Society (PAWS);
11. Philippine Society for the Prevention of Cruelty to Animals (PSPCA);
12. Philippine Society of Swine Practitioners (PSSP);
13. Philippine College of Canine Practitioners (PCCP); and
14. Philippine Society of Animal Science (PSAS).
The Committee shall be chaired by a representative coming from the private sector
and shall have two (2) vice-chairpersons composed of the representative of the BAI and
another from the private sector.
The Committee shall meet quarterly or as often as the need arises. The Committee
members shall not receive any compensation but may receive reasonable honoraria
from time to time.
SEC. 6. It shall be unlawful for any person to torture any animal, to neglect to
provide adequate care, sustenance or shelter, or maltreat any animal or to subject any
dog or horse to dogfights or horsefights, kill or cause or procure to be tortured or de-
prived of adequate care, sustenance or shelter, or maltreat or use the same in research
or experiments not expressly authorized by the Committee on Animal Welfare.
The killing of any animal other than cattle pigs, goats, sheep, poultry, rabbits,
carabaos, horses, deer and crocodiles is likewise hereby declared unlawful except in the
following instances:
1. When it is done as part of the religious rituals of an established religion or sect
or a ritual required by tribal or ethnic custom of indigenous cultural communities; how-
ever, leaders shall keep records in cooperation with the Committee on Animal Welfare;
2. When the pet animal is afflicted with an incurable communicable disease as
determined and certified by a duly licensed veterinarian;
3. When the killing is deemed necessary to put an end to the misery suffered by
the animal as determined and certified by a duly licensed veterinarian;
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ANIMAL WELFARE
4. When it is done to prevent an imminent danger to the life or limb of a human

being;
5. When done for the
purpose of animal population
control;
6. When the animal is
killed after it has been used
in authorized research or
experiments; and
7. Any other ground
analogous to the foregoing as
determined and certified li-
censed veterinarian.
In all the above men-
tioned cases, including those
of cattle, pigs, goats, sheep,
poultry, rabbits, carabaos,
horses, deer and crocodiles
“Bowed by the weight of centuries he leans upon his hoe the killing of the animals
and gazes on the ground, the emptiness of ages in his face, shall be done through hu-
and on his back the burden of the world.” — Edwin mane procedures at all times.
Markham For this purpose, hu-
(A. Oposa)
mane procedures shall mean
the use of the most scientific methods available as may be determined and approved by
the committee.
Only those procedures approved by the Committee shall be used in the killing of
animals.
SEC. 7. It shall be the duty of every person to protect the natural habitat of the
wildlife. The destruction of said habitat shall be considered as a form of cruelty to ani-
mals and its preservation is a way of protecting the animals.
SEC. 8. Any person who violates any of the provisions of this Act shall, upon
conviction by final judgment, be punished by imprisonment of not less than six (6)
months nor more than two (2) years or a fine of not less than One thousand pesos
(P1,000.00) nor more than Five thousand pesos (P5,000.00) or both at the discretion of
the Court. If the violation is committed by a juridical person, the officer responsible
therefore shall serve the imprisonment when imposed. If the violation is committed by
an alien, he or she shall be immediately deported after service of sentence without any
further proceedings.
SEC. 9. All laws, acts, decrees, executive orders, rules and regulations inconsis-
tent with the provisions of this Act are hereby repealed or modified accordingly.
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SEC. 10. This Act shall take effect fifteen (15) days after its publication in at
least two (2) newspapers of general circulation.
Approved: February 11, 1998.
Animals are such agreeable friends; They ask no

questions and Pass no criticisms.
— George Elliot
Regulating the Slaughter of Carabaos (Executive Order No. 626)

WHEREAS, Executive Order No. 234, as amended by Executive Order No. 253, al-
lows the slaughter of carabaos and buffaloes that are three years old or over; and
WHEREAS, present conditions demand that the carabao and the buffalo be con-
served for the benefit of the small farmers who rely on them for energy needs.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby promulgate the
following:
SECTION 1. Executive Order No. 234 is further amended such that the slaugh-
tering of carabaos and buffaloes is hereby prohibited except under the following condi-
tions:
a. Only carabaos and buffaloes that are seven years old or over, if male, and
eleven years old or over, if female, may be slaughtered upon issuance of the necessary
slaughter permit by the authorities concerned;
b. No slaughter permit shall be issued without a certificate by the Provincial or
City Veterinarian concerned, or their authorized representatives, to the effect that the
carabao or buffalo to be slaughtered is of the required age and free from any disease.
SEC. 2. The Minister of Agriculture, upon recommendation of the Director of the
Bureau of Animal Industry, shall issue such rules and regulations that will effectively
carry out the provisions of this Executive Order.
SEC. 3. This Executive Order shall take effect immediately.
Done in the City of Manila, October 21, 1980.
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PLANT QUARANTINE
Plant Quarantine (Presidential Decree No. 1433)

WHEREAS, economic losses due to injury on agricultural crops brought about by
plant pests have become increasingly significant;
WHEREAS, the prevention of introduction, incursion, establishment and subse-
quent spread of plant pests by
regulating the international and
domestic movements of plants and
plant products, is considered more
practical and economical than any
other method of plant pest control;
WHEREAS, modern means of
transportation and handling of im-
ports and exports have favored the
expeditious and extensive move-
ments of plants and plant products,
thereby, increasing the risk of plant
pest introduction and/or incursion;
WHEREAS, plant quarantine
is basically and essentially a preven-
tive measure, it being the actual
front-line defense against the intro-
duction or incursion into the country
“Unless someone like you cares a whole awful lot,
of plant pests which are destructive Nothing is going to get better. It’s not.” — Dr.
to our agricultural crops; Seuss, “The Lorax”
WHEREAS, some of the provi- (G. Tapan)
sions of Act No. 3027 dated March 8,
1922, entitled, “AN ACT TO PROTECT THE AGRICULTURAL INDUSTRIES OF THE
PHILIPPINE ISLANDS FROM INJURIOUS PLANT PESTS AND DISEASES EXIST-
ING IN FOREIGN COUNTRIES AND FURTHER TO REGULATE THE DOMESTIC
MOVEMENT OF THE PLANT MATERIALS IN ORDER TO MINIMIZE THE INJURY
FROM PESTS AND DISEASES ALREADY INTRODUCED.” And Act No. 3767, dated
November 26, 1930, entitled “AN ACT REGULATING THE IMPORTATION, BRING-
ING OR INTRODUCTION INTO THE PHILIPPINE ISLANDS OF LIVING ANIMALS,
SUCH AS INSECTS, BIRDS, CRUSTACEANS, BATS, MOLLUSKS, REPTILES,
MAMMALS, AND OTHER ANIMALS, NOT FALLING WITHIN THE SCOPE OF THE
TERM ‘DOMESTIC ANIMALS’ AS PROVIDED AND DEFINED IN SECTION FOUR
OF ACT NUMBERED THIRTY-SIX HUNDRED AND THIRTY-NINE, IN ORDER TO
PROTECT THE AGRICULTURAL INDUSTRIES OF THIS COUNTRY AND FOR
OTHER PURPOSES” are no longer relevant and applicable to the protection of plant
industries of this country, and therefore, require urgent and immediate modification
and updating;
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WHEREAS, the Plant Quarantine rules and regulations of the Philippines must be
compatible with those of other countries and with the provisions of the Food and Agri-
culture Organization International Plant Protection Convention of the United Nations
to which the Philippines is a signatory;
WHEREAS, the attainment of the foregoing objectives require the necessary im-
provement and strengthening of the Plant Quarantine Services of the Bureau of Plant
Industry by providing adequate laws; regulations; resources and facilities; and incen-
tives to Plant Quarantine Officers;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution do hereby decree and order the
following:
SECTION 1. This Decree shall be known as the “Plant Quarantine Decree of
1978”.
SEC. 2. Definition of Terms.—The following terms used in this Decree shall
mean as follows:
a. “Person” any natural or juridical person such as corporation, partnerships, so-
cieties, associations, firms, companies and other legal entities.
b. “Director” The Director of Plant Industry.
c. “Plant Quarantine Officer” any person so appointed and/or designated by the
Director of Plant Industry.
d. “Country” any independent political unit or sovereign nation, territory, colony
and political or territorial subdivision.
e. “Carrier” includes any sort or craft or other artificial contrivance used, capable
of being used as means of transportation in land, water or air.
f. “Plants” shall compromise living plants and parts thereof, including seeds, cut-
tings, rhizomes, bulbs and corns, grafts, leaves, roots, scions and others that are capable
of propagation.
g. “Plant Products” shall mean products derived from plants, either in their natu-
ral state or in manufactured or processed form and are capable of harboring plant pests.
h. “Potential Animal Pest” shall compromise certain species of animal that are li-
able to become agricultural crop pests such as insects, monkeys, rodents, bats, finches,
rabbits, snails and other forms of animal life capable of causing injury to agricultural
crops.
i. “Packing Materials” includes leaves, straw, bark and other plant materials
used as wrapping, packing, or converting and are capable of harboring plant pets.
j. “Plant Pest” any form of plant or animal life, or any pathogenic agent, injuri-
ous or potentially injurious to plants and/or plant products.
k. “Quarantine Orders” shall mean those Administrative Orders promulgated
and issued by the Director of Plant Industry to implement the provision of this Decree.
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PLANT QUARANTINE
l. “Commodity Treatment” any form of treatment applied to plants, plant prod-

ucts, and other materials capable of harboring plant pests, for the purpose of destroying
or eliminating any infection/infestation caused by plant pests.
m. “Port of Entry” is a port open to both foreign and domestic trade. The term in-
cludes principal ports of entry and subports of entry.
n. “Importation” is the act of bringing into the country the foreign commodities
mentioned under Section 3 and 4 of this Decree for planting, consumption, manufactur-
ing, domestication or for any other purpose.
o. “Plants Plant Products in Transit” shall refer to plants/plant products brought
into any port in the country but are not intended for landing at the said port.
p. “Exportation” is the act of transporting commodities mentioned under Sections
3, 4, and 6 hereof, from a local port to a foreign port.
q. “Phytosanitary Certification” shall mean plant health certification.
SEC. 3. Importation of plants and plant products. The importation and/or intro-
duction into the Philippines of plants, plant products, soil, packing materials of plant
origin capable of harboring and are a source of medium of infection/infestation of plant
pests, is hereby restricted subject to such quarantine orders, rules and regulations as
may be promulgated, from time to time, by the Director with the approval of the Secre-
tary of Agriculture.
SEC. 4. Importation of potential animal pests.—The importation of certain spe-
cies of animals which are liable to become agricultural crop pests and are capable of
causing injury to agricultural crops, is hereby prohibited. However, importation in lim-
ited quantities for a justifiable purpose and upon a written permit from the Director of
Plant Industry, may be allowed.
SEC. 5. Commodities in transit.—Commodities mentioned under Section 3 and 4
of this Decree, as well as, food provisions of plant origin and plant ornaments on board
carriers, that are in transit shall be required of a clearance from the Plant Quarantine
Officers assigned at the port concerned.
SEC. 6. Exportation of plants and plant products.—The Director and/or Plant
Quarantine Officers shall cause the inspection and phytosanitary certification of all
plants, plant products and other related materials capable of harboring plant pests, if
the importing country so requires.
SEC. 7. Inspection of plants/plants products, potential animal pests, and other
materials.—The Director shall cause the appropriate inspection, of the commodities
mentioned in Sections 3, 4 5 and 6 and to apply the necessary plant quarantine meas-
ures in order to attain the objectives of this Decree.
SEC. 8. Domestic Quarantine of plants and plant products.—In order to prevent
and arrest the spread to other areas, of injurious plant pests existing in certain locali-
ties within the Philippines, the Director, and/or the Plant Quarantine Officers shall
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cause the inspection; treatment, if necessary; and certification of plants and plant prod-
ucts involved in the movement from one locality to another within the country.
In cases where it is necessary to contain plant pest(s) the Director may limit the
movement of certain plants and/or plant products.
SEC. 9. Appointment and/or designation of Plant Quarantine Officers.—The Direc-
tor shall cause the appointment
and/or special designation of Plant
Quarantine Officers, who shall act
as his representatives, in
implementing and enforcing the
provisions of this Decree. Provi-
ded, however, that such special de-
signation shall be in written form.
SEC. 10. Powers and Du-
ties of Plant Quarantine Officers.
a. To inspect all carriers,
crew/passenger luggages and
incoming mails, in order to de-
termine the presence of plants,
plant products, and other mate-
rials capable of harboring plant
pests, as well as, potential ani-
mal pests.
“To see a world in a grain of sand, And a heaven in a wild b. To enter into the in-
flower, Hold infinity in the palm of your hand, An eternity in spect any and all areas where
an hour.”—William Blake plants, plant products, and other
(A. Oposa, Flower)
materials capable of harboring
plant pests are landed, stored, and/or grown.
c. To examine imported plants, plant products, and other materials capable of
harboring plant pests as well as potential animal pests and to administer necessary
measures to ensure effective implementation of the provisions of this Decree.
d. To inspect, administer treatment, if necessary; and issue phytosanitary certifi-
cates on plants, plant products, and other related materials intended for export, if the
improving country so requires.
e. To confiscate and destroy or refuse entry of plants, plant products and poten-
tial animal pests involved in prohibited importations, as well as prohibited plants and
plant products which exportation is, likewise, prohibited.
f. To perform such other related duties which maybe assigned to him, from time to time.
In the exercise of the powers and duties herein vested to Plant Quarantine Offi-
cers, they are hereby given police power and authority.
SEC. 11. Non-liability clause.—All charges for storage, demurrage, cartage, la-
bor and delays incident to inspection, cost of disinfection or disinfestation and other
302
PLANT QUARANTINE
post-entry requirements shall be the responsibility of the importer or the exporter, as

the case may be. Provided, that the Bureau of Plant Industry and/or its authorized
representative shall not be held liable for damages to the commodity in the course of the
implementation of the provisions of this Decree.
SEC. 12. Duties of the Importer and Exporter.—The importers, exporters, or their
authorized representatives shall
submit a declaration to the Director
of Plant Industry or his authorized
representatives at, or before the time
of entry/embarkation of commodities
mentioned under Sections 3, 4 and 6
hereof, for importation/exportation.
Such declaration shall indicate the
name and address of the consignor/
consignee; the purpose; kind, nature
and quantity of said commodities; the
country or locality where the same
was grown; place and date of unload-
ing or embarkation; and the
registered name of carrier carrying
the consignment.
SEC. 13. Entrance and Clea-
rance of Carriers.—The owner, ope-
rator, agent or master of carriers
flying international and/or domestic
routes are hereby required to serve a
notice of arrival and departure and
to provide inward and outward cargo
manifests and other declarations of
said carriers to the Plant Quaran-
tine Officer at the port. Prior to de- “The true meaning of life is to plant trees, under
parture, the agent or master of said whose shade you do not expect to sit.” — Nelson
carrier must secure a clearance from Henderson
the Plant Quarantine Officer there- (A. Oposa)
at.
The Collector of Customs or his authorized agents shall, require the owner, agent
or master of carrier to submit a copy of the certificate of Plant Quarantine Clearance as
a pre-requisite to the issuance of the Customs Clearance.
SEC. 14. Collection of fees.—The Director shall promulgate rules and regula-
tions governing the collection of nominal regulatory fees for inspection, certification,
import permits, commodity treatment and other, on commodities mentioned under
Section 3, 4 and 6. Provided, that said collections shall constitute the Revolving Fund of
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the National Plant Quarantine Service, to augment the existing appropriations there-
fore, subject to government accounting and auditing regulations. Provided, however,
that importations and exportations of all government agencies; government owned or
controlled corporations; donations to and for the account of any duly registered relief-
organizations; or any charitable institution certified by the Department of Social Ser-
vices and Development; embassies of foreign governments; and those that may be de-
clared by the President, upon the recommendation of the National Economic and Devel-
opment Authority, in the interest of economic development, are exempted from payment
of such fees excluding, however, the expenses incurred in commodity treatment.
SEC. 15. Overtime Services.—The services of Plant Quarantine Officers, fumiga-
tors and helpers performed outside office hours and reimbursement of meal, transporta-
tion, lodging and other incidental expenses shall be chargeable to party or parties
served at rates to be prescribed by the Secretary of Agriculture upon recommendation of
the Director.
SEC. 16. Cooperating Agencies.—The Director may, when necessary, call upon
other government agencies (military, civil, national or local) in the implementation of
plant quarantine regulation and dissemination of information to the general public.
SEC. 17. Authority to promulgate Special Quarantine Orders, Rules and Regula-
tions.—The Director, with the approval of the Secretary of Agriculture, is hereby au-
thorized to promulgate such Special Quarantine Orders, rules and regulations to im-
plement the provisions of this Decree.
SEC. 18. The Plant Quarantine Board.—For the purpose of carrying out the
provisions of this Decree, a Plant Quarantine Board is hereby created composed of the
following:
a. The Director of Plant Industry Chairman

b. Commissioner of Customs or representative Member
c. General Manager or representative of Philippine Ports Authority Member
d. Director, Bureau of Quarantine or representative Member
e. Director, Bureau of Animal Industry or representative Member
f. Representative from the National Economic and Development Au- Member
thority
g. Representative from the Central Bank of the Philippines Member
h. Administrative or representative of the Philippine Coconut Authority Member
i. Director of Forestry or representative Member
j. Bureau of Plant Industry Legal Officer Member
k. Representative from the Importers’ and Exporters’ Confederation Member
l. Chief, Crop Protection Division, Bureau of Plant Industry Member
m. Postmaster-General or representative Member
n. Chief, Plant Quarantine Section, Bureau of Plant Industry Secretary
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PLANT QUARANTINE
SEC. 19. Duties of the Board.—The Plant Quarantine Board shall be the advi-
sory body to assist the Director of Plant Industry in formulating orders, rules and regu-
lations for the effective implementation of the revisions of this Decree.
SEC. 20. Board Meeting.—The Board shall meet once every quarter, or may call
special meetings when necessary, provided, that such special meetings shall not be held
more than four (4) times annually. The members of the Board shall receive a per diem
of Two Hundred Pesos (P200.00) each per meeting.
SEC. 21. Quorum.—A majority of the members of the Board shall constitute a
quorum.
SEC. 22. Appropriation of
the Plant Quarantine Board.—The
sum of P300,000.00 annually is,
hereby appropriated for the ex-
penses of the Plant Quarantine
Board. Provided, that any unex-
pected amount of the said sum
shall be reverted to the Plant
Quarantine Revolving Fund.
SEC. 23. Penalty Clause.—
Any person, company or corpora-
tion who violates the provisions of
this Decree, or forges, counterfeits,
alters, defaces and destroys any
document issued by virtue of this
Decree shall be fined not more
(A. Oposa)
than Twenty Thousand Pesos
(P20,000.00) or by imprisonment from prison correctional to prison mayor, or both, at
the discretion of the Court.
SEC. 24. Separability Clause.—If any of the provisions of this Decree shall be
invalid, the remainder shall be operative.
SEC. 25. Repealing Clause.—All laws, rules and regulations inconsistent with
the provisions of this Decree are, hereby superseded or revoked accordingly.
SEC. 26. Effectivity.—This Decree shall take effect immediately upon approval.
305
LAND
Land Tenure
Property Registration Law (Presidential Decree No. 1529)
The Public Land Act (Commonwealth Act 141) and the Property Registration Law
(Pres. Decree 1529) contained in the 1st edition of the Legal Arsenal have been omitted
in this version. Strictly speaking, they are “natural resources laws” in that these laws
relate to the utilization and ‘acquisition of ownership’ of land, a most vital life-support
system.
There are many outmoded
provisions of the Public Land Act,
among them the provisions on
foreshore lease agreements, and
other land tenure instruments that
emphasize the rights more than
the responsibilities of land ‘owner-
ship’.
This is the fundamental diffe-
rence between the treatment and
philosophy of land between Natural
Resources Law and Environmental
Law. In the Law on Natural Re-
sources, land is treated as a com-
modity. It can be owned by a land
title and the law emphasizes the
rights of a ‘landowner’. In contrast,
the underlying philosophy in Envi-
ronmental Law is that man is a
“If a man owns land, the land owns him.”— Ralph
Waldo Emerson mere trustee of the Land, and
(G. Tapan) emphasizes the responsibilities,
more than the rights, of the guard-
ian of the Land – the temporary holder.
However, the provisions of land titling and land registration can be used crea-
tively. For one, a policy can be formulated and implemented whereby responsibility for
sound land management is made a condition precedent for the acquisition and contin-
ued possession of land. This is the concept of an ‘ecological encumbrance’ or eco-lien, for
short.
The basic idea, therefore, is: So long as a person ensures that the land he takes
care of is sustainably productive and kept in proper vegetative condition, he may ‘ac-
quire’ the privilege to possess it. Note the use of the word ‘privilege’. To possess land is
a privilege, not a right, and it comes with great responsibility.
306
LAND TENURE
Actually, some provisions of the Laws are already in place. For example, we may
use the provisions on easements creatively. Under the Water Code, for example, there
must be a margin of 3, 20, and 40 meters from water of rivers and seashores as ease-
ment zones for salvage and recreation (Sec. 51, Pres. Decree 1067). Under the Forestry
Law (Pres. Decree 705, Section 15), all lands with a 10 degree (or 18%) slope must be
“kept in a vegetative condition sufficient to prevent erosion and adverse effects on the
lowlands and streams.” Certain plots of land along riverbanks, mountainous areas,
mangroves, etc. must be set aside as forest lands.
The problem is not in the law. It is in having the interest to read them, for a start,
then to understand them. Thereafter, we can start using them creatively to ensure that
possessing or holding or ‘owning’ a parcel of land becomes a responsibility to \care for
that land as if it were, as it is, a living being.
Law begins with desire. Where there is a sincere desire to use the Law creatively
to advance the ends of conservation, protection and restoration, the Law begins to sing.
Hopefully, in time, it will also become a tool to till and green the landscape of ideas.
Native Title to Land should be recognized by the Government
Facts: Mateo Cariño filed a petition in the Court of Land Registration asking
that he be inscribed as the owner of a 146-hectare land in Baguio. The government of
the Philippines and of the United States appeared and opposed the petition on the
ground that the land was part of the military reservation of Baguio. Not having shown
any title from the government, and the land being agricultural, Cariño’s case was dis-
missed. This was because mere possession of land would not give the possessor any title
as against the government.
Cariño insists that although prescription did not run against the government, still
a grant is to be conclusively presumed based on his immemorial use and occupation of
the land.
Issue: Is the presumption correct?
Held: Yes. “Every presumption should be indulged against the United States
claiming title to the land, which have been for more than fifty years prior to the treaty
of peace with Spain of April 11, 1899, has been held by the present native Igorot holder
and his ancestors under claim of private ownership.”
A native title to land in the province of Benguet in the Philippine Islands, which
for more than fifty years prior to the treaty of peace with Spain, a native Igorot and his
ancestors have held in accordance with Igorot custom, as private property, should be
recognized by the Insular Government, although no document of title has been issued
from the Spanish Crown.
Cariño v. Insular Government
8 Phil. 150, December 6, 1906
307
LAND
Forest Land is Not Disposable
If the area covered by the patent and title is not disposable public land, it being a
part of the forest zone, then the patent and title thereto are null and void.
“The defense of indefeasibility of a certificate of title issued pursuant to a free pat-
ent does not lie against the state in an action for reversion of the land covered thereby
when such land is a part of a public forest or of a forest reservation.”
Republic of the Philippines v. Animas
G.R. No. L-37682, March 29, 1974
“It is well settled that a certificate of title is void when it covers property of public
domain classified as forest or timber and mineral lands. Any title issued on non-
disposable lots even in the hands of alleged innocent purchaser for value, shall be can-
celled.”
Lepanto Consolidated Mining Company v. Manuel Dumyung
G.R. Nos. L-31666–68, April 30, 1979
67
Comprehensive Agrarian Reform Program (Republic Act 6657)
Chapter I
Preliminary Chapter
SECTION 1. Title.—This Act shall be known as the “Comprehensive Agrarian

Reform Law of 1988.”
SEC. 2. Declaration of Principles and Policies.—It is the policy of the State to
pursue a Comprehensive Agrarian Reform Program (CARP). The welfare of the landless
farmers and farmworkers will receive the highest consideration to promote social justice
and to move the nation toward sound rural development and industrialization, and the
establishment of owner cultivatorship of economic-size farms as the basis of Philippine
agriculture.
To this end, a more equitable distribution and ownership of land, with due regard
to the rights of landowners to just compensation and to the ecological needs of the na-
tion, shall be undertaken to provide farmers and farmworkers with the opportunity to
enhance their dignity and improve the quality of their lives through greater productiv-
ity of agricultural lands.
_______________________
67
As amended by R.A. No. 7881, 20 February 1995. The Comprehensive Agrarian Reform
Law is an amendment and revision of the Tenant Emancipation Decree (P.D. 27, 1972, a hand-
written presidential decree, one of the first laws passed by former President Ferdinand Marcos
upon the declaration of Martial Law in the Philippines in 1972).
308
COMPREHENSIVE AGRARIAN REFORM PROGRAM
The agrarian reform program is founded on the right of farmers and regular
farmworkers, who are landless to own directly or collectively the lands they till or, in
the case of other farm-workers to receive a just share of the fruits thereof. To this end,
the State shall encourage and undertake the just distribution of all agricultural lands,
subject to the priorities and retention limits set forth in this Act, taking into account
ecological, developmental, and equity considerations, and subject to the payment of just
compensation. The State shall respect the right of small landowners, and shall provide
incentive for voluntary landsharing.
The State shall recognize the
right of farmers, farmworkers and
landowners, as well as coopera-
tives and other independent far-
mers’ organizations, to participate
in the planning, organization, and
management of the program, and
shall provide support to agricul-
ture through appropriate techno-
logy and research, and adequate
financial production, marketing
and other support services.
The State shall apply the
principles of agrarian reform, or
stewardship, whenever applicable,
in accordance with law, in the dis-
position or utilization of other
natural resources, including lands
of the public domain, under lease
or concession, suitable to agricul- “My own recipe for world peace is a little bit of land
ture, subject to prior rights, home- for everyone.” — Gladys Taber
stead rights of small settlers and (A. Oposa)
the rights of indigenous commu-
nities to their ancestral lands.
The State may resettle landless farmers and farmworkers in its own agricultural
estates, which shall be distributed to them in the manner provided by law.
By means of appropriate incentives, the State shall encourage the formation and
maintenance of economic-size family farms to be constituted by individual beneficiaries
and small landowners. The State shall protect the rights of subsistence fishermen, es-
pecially of local communities, to the preferential use of communal marine and fishing
resources, both inland and offshore. It shall provide support to such fishermen through
appropriate technology and research, adequate financial, production and marketing
assistance and other services. The State shall also protect, develop and conserve such
resources. The protection shall extend to offshore fishing grounds of subsistence fisher-
309
LAND
men against foreign intrusion. Fishworkers shall receive a just share from their labor in
the utilization of marine and fishing resources.
The State shall be guided by the principles that land has a social function and land
ownership has a social responsibility. Owners of agricultural lands have the obligation
to cultivate directly or through labor administration the lands they own and thereby
make the land productive.
The State shall provide incentives to landowners to invest the proceeds of the
agrarian reform program to promote industrialization, employment and privatization of
public sector enterprises. Financial instruments used as payment for lands shall con-
tain features that shall enhance negotiability and acceptability in the marketplace.
The State may lease undeveloped lands of the public domain to qualified entities
for the development of capital intensive farms, and traditional and pioneering crops
especially those for exports subject to the prior rights of the beneficiaries under this Act.
SEC. 3. Definitions.—For the purpose of this Act, unless the context indicates
otherwise:
a. Agrarian reform means redistribution of lands, regardless of crops or fruits
produced, to farmers and regular farmworkers who are landless, irrespective of tenurial
arrangement, to include the totality of factors and support services designed to lift the
economic status of the beneficiaries and all other arrangements alternative to the
physical redistribution of lands, such as production or profit-sharing, labor administra-
tion, and the distribution of shares of stock, which will allow beneficiaries to receive a
just share of the fruits of the lands they work.
b. Agriculture, agricultural enterprise, or agricultural activity means the cultiva-
tion of the soil, planting of crops, growing of fruit trees, including the harvesting of such
farm products, and other farm activities and practices performed by a farmer in con-
68
junction with such farming operations done by persons whether natural or juridical.
c. Agricultural land refers to land devoted to agricultural activity as defined in
this Act and not classified as mineral, forest, residential, commercial or industrial land.
d. Agrarian dispute refers to any controversy relating to tenurial arrangements,
whether leasehold, tenancy, stewardship or otherwise, over lands devoted to agricul-
ture, including disputes concerning farmworkers’ associations or representation of per-
sons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or condi-
tions of such tenurial arrangements.
It includes any controversy relating to compensation of lands acquired under this
Act and other terms and conditions of transfer of ownership from landowners to farm-
workers, tenants and other agrarian reform beneficiaries, whether the disputants stand
in the proximate relation of farm operator and beneficiary, landowner and tenant, or
lessor and lessee.
_______________________
68
As amended by Sec. 1, R.A. no. 7881, 20 February 1995.
310
e. Idle or abandoned land refers to any agricultural land not cultivated, tilled or
developed to produce any crop nor devoted to any specific economic purpose continu-
ously for a period of three (3) years immediately prior to the receipt of notice of acquisi-
tion by the government as provided under this Act, but does not include land that has
become permanently or regularly devoted to nonagricultural purposes. It does not in-
clude land which has become unproductive by reason of force majeure or any other for-
tuitous event, provided that prior to such event, such land was previously used for agri-
cultural or other economic purpose.
f. Farmer refers to a natural person whose primary livelihood is cultivation of
land or the production of agricultural crops, either by himself, or primarily with the
assistance of his immediate farm household, whether the land is owned by him, or by
another person under a leasehold or share tenancy agreement or arrangement with the
owner thereof.
g. Farmworker is a natural person who renders service for value as an employee or
laborer in an agricultural enterprise or farm regardless of whether his compensation is
paid on a daily, weekly, monthly or pakyaw basis. The term includes an individual whose
work has ceased as a consequence of, or in connection with, a pending agrarian dispute
and who has not obtained a substantially equivalent and regular farm employment.
h. Regular farmworker is a natural person who is employed on a permanent basis
by an agricultural enterprise or farm.
i. Seasonal farmworker is a natural person who is employed on a recurrent, peri-
odic or intermittent basis by an agricultural enterprise or farm, whether as a perma-
nent or a nonpermanent laborer, such as dumaan, sacada, and the like.
j. Other farmworker is a farmworker who does not fall under paragraphs (g), (h),
and (i).
k. Cooperatives shall refer to organizations composed primarily of small agricul-
tural producers, farmers, farmworkers, or other agrarian reform beneficiaries who vol-
untarily organize themselves for the purpose of pooling land, human, technological,
financial or other economic resources, and operated on the principle of one member, one
vote. A juridical person may be a member of a cooperative, with the same rights and
duties as a natural person.
Chapter II
Coverage
SEC. 4. Scope.The Comprehensive Agrarian Reform Law of 1988 shall cover, re-
gardless of tenurial arrangement and commodity produced, all public and private agri-
69
cultural lands, as provided in Proclamation No. 131 and Executive Order No. 229,
including other lands of the public domain suitable for agriculture.
_______________________
69
22 July 1987.
311
LAND
More specifically the following lands are covered by the Comprehensive Agrarian
Reform Program:
a. All alienable and disposable lands of the public domain devoted to or suitable
for agriculture. No reclassification of forest or mineral lands to agricultural lands shall
be undertaken after the approval of this Act until Congress, taking into account ecologi-
cal, developmental and equity considerations, shall have determined by law, the specific
limits of the public domain.
b. All lands of the public domain in excess of the specific limits as determined by
Congress in the preceding paragraph;
c. All other lands owned by the government devoted to or suitable for agriculture;
and
d. All private lands devoted to or suitable for agriculture regardless of the agri-
cultural products raised or that can be raised thereon.
SEC. 5. Schedule of Implementation.—The distribution of all lands covered by
this Act shall be implemented immediately and completed within ten (10) years from
the effectivity thereof.
SEC. 6. Retention Limits.—Except as otherwise provided in this Act, no person
may own or retain, directly or indirectly, any public or private agricultural land, the
size of which shall vary according to factors governing a viable family-size farm, such as
commodity produced, terrain, infrastructure, and soil fertility as determined by the
Presidential Agrarian Reform Council (PARC) created hereunder, but in no case shall
retention by the landowner exceed five (5) hectares. Three (3) hectares may be awarded
to each child of the landowner, subject to the following qualifications: (1) that he is at
least fifteen (15) years of age; and (2) that he is actually tilling the land or directly
managing the farm; Provided, That landowners whose lands have been covered by
70
Presidential Decree No. 27 shall be allowed to keep the area originally retained by
them thereunder: Provided, further, That original homestead grantees or their direct
compulsory heirs who still own the original homestead at the time of the approval of
this Act shall retain the same areas as long as they continue to cultivate said home-
stead.
The right to choose the area to be retained, which shall be compact or contiguous,
shall pertain to the landowner; Provided, however, That in case the area selected for
retention by the landowner is tenanted, the tenant shall have the option to choose
whether to remain therein or be a beneficiary in the same or another agricultural land
with similar or comparable features. In case the tenant chooses to remain in the re-
tained area, he shall be considered a leaseholder and shall lose his right to be a benefi-
ciary under this Act. In case the tenant chooses to be a beneficiary in another agricul-
tural land, he loses his right as a leaseholder to the land retained by the landowner.
_______________________
70
Emancipation of Tenants; see footnote 68.
312
The tenant must exercise this option within a period of one (1) year from the time the
landowner manifests his choice of the area for retention.
In all cases, the security of tenure of the farmers or farmworkers on the land prior
to the approval of this Act shall be respected.
Upon the effectivity of this Act, any sale, disposition, lease, management contract
or transfer of possession of private lands executed by the original landowner in violation
of the Act shall be null and void; Provided, however, That those executed prior to this
Act shall be valid only when registered with the Register of Deeds within a period of
three (3) months after the effectivity of this Act. Thereafter, all Registers of Deeds shall
inform the Department of Agrarian Reform (DAR) within thirty (30) days of any trans-
action involving agricultural lands in excess of five (5) hectares.
“How can we own something which we

did not create—can we then own land? or are
we mere caretakers?
— Anonymous
SEC. 7. Priorities.—The Department of Agrarian Reform (DAR) in coordination

with the Presidential Agrarian Reform Council (PARC) shall plan and program the
acquisition and distribution of all agricultural lands through a period of ten (10) years
from the effectivity of this Act. Lands shall be acquired and distributed as follows:
Phase One: Rice and corn lands under Presidential Decree No. 27; all idle or
abandoned lands; all private lands voluntarily offered by the owners for agrarian re-
form; all lands foreclosed by the government financial institutions; all lands acquired by
the Presidential Commission on Good Government (PCGG); and all other lands owned
by the government devoted to or suitable for agriculture, which shall be acquired and
distributed immediately upon the effectivity of this Act, with the implementation to be
completed within a period of not more than four (4) years;
Phase Two: All alienable and disposable public agricultural lands; all arable pub-
lic agricultural lands under agroforest, pasture and agricultural leases already culti-
vated and planted to crops in accordance with Section 6, Article XII, of the Constitution;
all public agricultural lands which are to be opened for new development and resettle-
ment; and all private agricultural lands in excess of fifty (50) hectares, insofar as the
excess hectarage is concerned, to implement principally the rights of farmers and regu-
lar farmworkers, who are landless, to own directly or collectively the lands they till,
which shall be distributed immediately upon the effectivity of the Act, with the imple-
mentation to be completed within a period of not more than four (4) years.
Phase Three: All other private agricultural lands commencing with large land-
holdings and proceeding to medium and small landholdings under the following sched-
ule:
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LAND
a. Landholdings above twenty four (24) hectares up to fifty (50) hectares, to begin
on the fourth (4th) year from the effectivity of this Act and to be completed within three
(3) years; and
b. Landholdings from the retention limit up to twenty four (24) hectares, to begin
on the sixth (6th) year from the effectivity of this Act and to be completed within four
(4) years; to implement principally the right of farmers and regular farmworkers who
are landless, to own directly or collectively the lands they till.
The schedule of acquisition and redistribution of all agricultural lands covered by
this program shall be made in accordance with the above order of priority, which shall
be provided in the implementing rules to be prepared by the Presidential Agrarian
Reform Council (PARC), taking into consideration the following: the need to distribute
lands to the tillers at the earliest practicable time; the need to enhance agricultural
productivity; and the availability of funds and resources to implement and support the
program.
In any case, the PARC, upon recommendation by the Provincial Agrarian Reform
Coordinating Committee (PARCCOM), may declare certain provinces or regions as
priority land reform areas, in which case the acquisition and distribution of private
agricultural lands therein may be implemented ahead of the above schedules.
In effecting the transfer within these guidelines, priority must be given to lands
that are tenanted.
The PARC shall establish guidelines to implement the above priorities and distri-
bution scheme, including the determination of who are qualified beneficiaries: Provided,
That an owner-tiller may be a beneficiary of the land he does not own but is actually
cultivating to the extent of the difference between the area of the land he owns and the
award ceiling of three (3) hectares.
SEC. 8. Multinational Corporations.—All lands of the public domain leased,
held or possessed by multinational corporations or associations, and other lands owned
by the government or by government-owned or controlled corporations, associations,
institutions, or entities, devoted to existing and operational agrobusiness or agro-
industrial enterprises, operated by multinational corporations and associations, shall be
programmed for acquisition and distribution immediately upon the effectivity of this
Act, with the implementation to be completed within three (3) years.
Lands covered by the paragraph immediately preceding, under lease, manage-
ment, grower or service contracts, and the like, shall be disposed of as follows:
a. Lease, management, grower or service contracts covering such lands covering
an aggregate area in excess of 1,000 hectares, leased or held by foreign individuals in
excess of 500 hectares are deemed amended to conform with the limits set forth in Sec-
tion 3 of Article XII of the Constitution.
b. Contracts covering areas not in excess of 1,000 hectares in the case of such cor-
porations and associations, and 500 hectares, in the case of such individuals, shall be
314
allowed to continue under their original terms and conditions but not beyond August
29, 1992, or their valid termination, whichever comes sooner, after which, such agree-
ments shall continue only when confirmed by the appropriate government agency. Such
contracts shall likewise continue even after the land has been transferred to beneficiar-
ies or awardees thereof, which transfer shall be immediately commenced and imple-
mented, and completed within the period of three (3) years mentioned in the first para-
graph hereof.
c. In no case will such leases and other agreements now being implemented ex-
tend beyond August 29, 1992, when all lands subject hereof shall have been distributed
completely to qualified beneficiaries or awardees.
Such agreements can continue thereafter only under a new contract between the
government or qualified beneficiaries or awardees, on the one hand, and said enter-
prises, on the other.
Lands leased, held or possessed by multinational corporations, owned by private
individuals and private nongovernmental corporations, associations, institutions and
entities, citizens of the Philippines, shall be subject to immediate compulsory acquisi-
tion and distribution upon the expiration of the applicable lease, management, grower
or service contract in effect as of August 29, 1987, or otherwise, upon its valid termina-
tion, whichever comes sooner, but not later than after ten (10) years following the effec-
tivity of the Act. However, during the said period of effectivity, the government shall
take steps to acquire these lands for immediate distribution thereafter.
In general, lands shall be distributed directly to the individual worker beneficiar-
ies. In case it is not economically feasible and sound to divide the land, then they shall
form a workers’ cooperative or association which will deal with the corporation or busi-
ness association or any other proper party for the purpose of entering into a lease or
growers’ agreement and for all other legitimate purposes. Until a new agreement is
entered into by and between the workers’ cooperative or association and the corpora-
tion, or business association or any other proper party, any agreement existing at the
time this Act takes effect between the former and the previous landowner shall be re-
spected by both the workers’ cooperative or association and the corporation business
association or such other proper party. In no case shall the implementation or applica-
tion of this Act justify or result in the reduction of status or diminution of any benefits
received or enjoyed by the worker-beneficiaries, or in which they may have a vested
right, at the time this Act becomes effective.
The provisions of Section 32 of the Act, with regard to production and income-
sharing shall apply to farms operated by multinational corporations.
During the transition period, the new owners shall be assisted in their efforts to
learn modern technology in production. Enterprises which show a willingness and
commitment and good faith efforts to impart voluntarily such advanced technology will
be given preferential treatment where feasible.
315
LAND
In no case shall a foreign corporation, association, entity or individual enjoy any

rights or privileges better than those enjoyed by a domestic corporation, association,
entity or individual.
SEC. 9. Ancestral Lands.—For purposes of this Act, ancestral lands of each in-
digenous cultural community shall include, but not be limited to, lands in the actual,
continuous and open possession and occupation of the community and its members;
Provided, That the Torrens System shall be respected.
The right of these communities to their ancestral lands shall be protected to en-
sure their economic, social and cultural wellbeing. In line with the principles of self-
determination and autonomy, the systems of land ownership, land use, and the modes
of settling land disputes of all these communities must be recognized and respected.
Any provision of law to the contrary notwithstanding, the PARC may suspend the
implementation of this Act with respect to ancestral lands for the purpose of identifying
and delineating such lands; Provided, That in the autonomous regions, the respective
legislatures may enact their own laws on ancestral domain subject to the provisions of
the Constitution and the principles enunciated in this Act and other national laws.
71
SEC. 10. Exemptions and Exclusions—
a. Lands actually, directly and exclusively used for parks, wildlife, forest re-
serves, reforestation, fish sanctuaries and breeding grounds, watersheds and man-
groves shall be exempt from the coverage of this Act.
b. Private lands actually, directly and exclusively used for prawn farms and fish-
ponds shall be exempt from the coverage of this Act; Provided, That said prawn farms
and fishponds have not been distributed and Certificate of Land Ownership Award
(CLOA) issued to agrarian reform beneficiaries under the Comprehensive Agrarian
Reform Program.
In cases where the fishponds or prawn farms have been subjected to the Compre-
hensive Agrarian Reform Law, by voluntary offer to sell, or commercial farms defer-
ment or notices of compulsory acquisition, a simple and absolute majority of the actual
regular workers or tenants must consent to the exemption within one (1) year from the
effectivity of this Act. When the workers or tenants do not agree to this exemption, the
fishponds or prawn farms shall be distributed collectively to the worker-beneficiaries or
tenants who shall form a cooperative or association to manage the same.
In cases where the fishponds or prawn farms have not been subjected to the Com-
prehensive Agrarian Reform Law, the consent of the farm workers shall no longer be
necessary; however, the provision of Section 32-A hereof on incentives shall apply.
c. Lands actually, directly and exclusively used and found to be necessary for na-
tional defense, school sites and campuses, including experimental farm stations oper-
ated by public or private schools for educational purposes, seeds and seedlings research
_______________________
71
As amended by Sec. 2, R.A. No. 7881, 20 February 1995.
316
and pilot production center, church sites and convents appurtenant thereto, mosque
sites and Islamic centers appurtenant thereto, communal burial grounds and cemeter-
ies, penal colonies and penal farms actually worked by the inmates, government and
private research and quarantine centers and all lands with eighteen percent (18%) slope
and over, except those already developed, shall be exempt from the coverage of this Act.
72
SEC. 11. Commercial Farming. —Commercial farms, which are private agricul-
tural lands devoted to salt beds, fruit farms, orchards, vegetable and cut-flower farms,
and cacao, coffee and rubber plantations, shall be subject to immediate compulsory
acquisition and distribution after ten (10) years from the effectivity of this Act. In the
case of new farms, the ten-year period shall begin from the first year of commercial
production and operation, as determined by the DAR. During the ten-year period, the
Government shall initiate steps necessary to acquire these lands, upon payment of just
compensation for the land and the improvements thereon, preferably in favor of organ-
ized cooperatives or associations, which shall thereafter manage the said lands for the
workers-beneficiaries.
If the DAR determines that the purposes for which this deferment is granted no
longer exist, such areas shall automatically be subject to redistribution.
The provisions of Section 32 of the Act, with regard to production and income-
sharing, shall apply to commercial farms.
Chapter III
Improvement of Tenurial and Labor Relations
SEC. 12. Determination of Lease Rentals.—In order to protect and improve the
tenurial and economic status of the farmers in tenanted lands under the retention limit
and lands not yet acquired under this Act, the DAR is mandated to determine and fix
immediately the lease rentals thereof in accordance with Section 34 of Republic Act No.
3844, as amended: Provided, That the DAR shall immediately and periodically review
and adjust the rental structure for different crops, including rice and corn, of different
regions in order to improve progressively the conditions of the farmer, tenant or lessee.
SEC. 13. Production-Sharing Plan.—Any enterprise adopting the scheme pro-
vided for in Section 32 hereof or operating under a production venture, lease, manage-
ment contract or other similar arrangement and any farm covered by Sections 8 and 11
hereof is hereby mandated to execute within ninety (90) days from the effectivity of this
Act, a production-sharing plan, under guidelines prescribed by the appropriate govern-
ment agency.
Nothing herein shall be construed to sanction the diminution of any benefits such
as salaries, bonuses, leaves and working conditions granted to the employee-
beneficiaries under existing laws, agreements, and voluntary practice by the enterprise,
_______________________
72
As amended by Sec. 3, R.A. No. 7881, 20 February 1995.
317
LAND
nor shall the enterprise and its employee-beneficiaries be prevented from entering into
any agreement with terms more favorable to the latter.
Chapter IV
Registration
SEC. 14. Registration of Landowners.—Within one hundred eighty (180) days

from the effectivity of this Act, all persons, natural or juridical, including government
entities, that own or claim to own agricultural lands, whether in their names or in the
name of others, except those who have already registered pursuant to Executive Order
No. 229, who shall be entitled to such
incentives as may be provided for the
PARC, shall file a sworn statement in
the proper assessor’s office in the form
to be prescribed by the DAR, stating
the following information:
a. the description and area of
the property;
b. the average gross income
from the property for at least three (3)
years;
c. the names of all tenants and
farmworkers therein;
d. the crops planted in the pro-
perty and the area covered by each
crop as of June 1, 1987;
e. the terms of mortgages, lease,
and management contracts subsisting
as of June 1, 1987, and
f. the latest declared market
“One does not sell the earth upon which the
value of the land as determined by the
people walk.” — Anonymous
city or provincial assessor.
(A. Oposa)
SEC. 15. Registration of Bene-
ficiaries.—The DAR in coordination with the Barangay Agrarian Reform Committee
(BARC) as organized in this Act, shall register all agricultural lessees, tenants and
farmworkers who are qualified to be beneficiaries of the CARP. These potential benefi-
ciaries with the assistance of the PARC and the DAR shall provide the following data:
a. names and members of their immediate farm household;
b. owners or administrators of the lands they work on and the length of tenurial
relationship;
c. location and area of the land they work;
318
d. crops planted; and

e. their share in the harvest or amount of rental paid or wages received.
A copy of the registry or list of all potential CARP beneficiaries in the barangay
shall be posted in the barangay hall, school or other public buildings in the barangay
where it shall be open to inspection by the public at all reasonable hours.
Chapter V
Land Acquisition
73
SEC. 16. Procedure for Acquisition of Private Lands. —For purposes of acquisi-
tion of private lands, the following procedures shall be followed:
a. After having identified the land, landowners, and beneficiaries, the DAR shall
send its notice to acquire the land to the owners thereof, by personal delivery or regis-
tered mail, and post the same in a conspicuous place in the municipal building and
barangay hall of the place where the property is located. Said notice shall contain the
offer of the DAR to pay a corresponding value in accordance with the valuation set forth
in Sections 17, and 18, and other pertinent provisions hereof.
b. Within thirty (30) days from the date of receipt of written notice by personal
delivery or registered mail, the landowner, his administrator or representative shall
inform the DAR of his acceptance or rejection of the offer.
c. If the landowner accepts the offer of the DAR, the Land Bank of the Philip-
pines (LBP) shall pay the landowner the purchase price of the land within thirty (30)
days after he executes and delivers a deed of transfer in favor of the government and
surrenders the Certificate of Title and other monuments of title.
d. In case of rejection or failure to reply, the DAR shall conduct summary admin-
istrative proceedings to determine the compensation for the land by requiring the land-
owner, the LBP and other interested parties to submit evidence as to the just compen-
sation for the land, within fifteen (15) days from the receipt of the notice. After the expi-
ration of the above period, the matter is deemed submitted for decision. The DAR shall
decide the case within thirty (30) days after it is submitted for decision.
e. Upon receipt by the landowner of the corresponding payment or, in case of re-
jection or no response from the landowner, upon the deposit with an accessible bank
designated by the DAR of the compensation in cash or in LBP bonds in accordance with
this Act, the DAR shall take immediate possession of the land and shall request the
proper Register of Deeds to issue a Transfer Certificate of Title (TCT) in the name of the
Republic of the Philippines. The DAR shall thereafter proceed with the redistribution of
the land to the qualified beneficiaries.
f. Any party who disagrees with the decision may bring the matter to the court of
proper jurisdiction for final determination of just compensation.
_______________________
73
See also Sec. 28 on standing crops at time of acquisition.
319
LAND
Chapter VI
Compensation
SEC. 17. Determination of Just Compensation.—In determining just compensa-

tion, the cost of acquisition of the land, the current value of like properties, its nature,
actual use and income, the sworn valuation by the owner, the tax declarations, and the
assessment made by government assessors shall be considered. The social and economic
benefits contributed by the farmers and the farmworkers and by the government to the
property as well as the nonpayment of taxes or loans secured from any government
financing institution on the said land shall be considered as additional factors to deter-
mine its valuation.
SEC. 18. Valuation and Mode of Compensation.—The LBP shall compensate the
landowner in such amounts as may be agreed upon by the landowner and the DAR and
the LBP, in accordance with the criteria provided for in Sections 16 and 17, and other
pertinent provisions hereof, or as may be finally determined by the court, as the just
compensation for the land.
The compensation shall be paid in one of the following modes, at the option of the
landowner:
1. Cash payment, under the following terms and conditions:
a. For lands above fifty (50) Twenty-five percent cash(25%),

hectares, in so far as the excess the balance to be paid in government
hectarage is concerned financial instruments negotiable at
any time
b. For lands above twenty- Thirty percent (30%) cash, the

four (24) hectares and up to fifty balance to be paid in government fi-
(50) hectares nancial instruments negotiable at
any time
c. For lands above twenty- Thirty-five percent (35%) cash,

four (24) hectares and below the balance to be paid in government
financial instruments negotiable at
any time
2. Shares of stock in government-owned or controlled corporations, LBP pre-

ferred shares, physical assets, or other qualified investments in accordance with guide-
lines set by the PARC;
3. Tax credits which can be used against any tax liability;
4. LBP bonds, which shall have the following features:
320
a. Market interest rates aligned with 91day treasury bill rates. Ten percent
(10%) of the face value of the bonds shall mature every year from the date of issu-
ance until the tenth (10th) year; Provided, That should the landowner choose to
forego the cash portion, whether in full or in part, he shall be paid correspondingly
in LBP bonds;
b. Transferability and negotiability. Such LBP bonds may be used by the
landowner, his successors in interest or his assigns, up to the amount of their face
value, for any of the following:
i. Acquisition of land or other real properties of the government, in-
cluding assets under the Asset Privatization Program and other assets fore-
closed by government financial institutions in the same province or region
where the lands for which the bonds were paid are situated;
ii. Acquisition of shares of stock of government-owned or controlled
corporations or shares of stock owned by the government in private corpora-
tions;
iii. Substitution for surety or bail bonds for the provisional release of
accused persons, or performance bonds;
iv. Security for loans with any government financial institution, pro-
vided the proceeds of the loans shall be invested in an economic enterprise,
preferably in a small and medium-scale industry, in the same province or re-
gion as the land for which the bonds are paid;
v. Payment for various taxes and fees to government; Provided, That
the use of these bonds for these purposes will be limited to a certain percent-
age of the outstanding balance of the financial instruments; Provided, fur-
ther, That the PARC shall determine the percentage mentioned above;
vi. Payment for tuition fees of the immediate family of the original
bondholder in government universities, colleges, trade schools, and other in-
stitutions;
vii. Payment for fees of the immediate family of the original bond-
holder in government hospitals; and
viii. Such other uses as the PARC may from time to time allow.
In case of extraordinary inflation, the PARC shall take appropriate measures to

protect the economy.
SEC. 19. Incentives for Voluntary Offers for Sale.—Landowners, other than
banks and other financial institutions, who voluntarily offer their lands for sale shall be
entitled to an additional five percent (5%) cash payment.
SEC. 20. Voluntary Land Transfer.—Landowners of agricultural lands subject
to acquisition under this Act may enter into a voluntary arrangement for direct transfer
of their lands to qualified beneficiaries subject to the following guidelines:
321
LAND
a. All notices for voluntary land transfer must be submitted to the DAR within
the first year of the implementation of the CARP. Negotiations between the landowners
and qualified beneficiaries covering any voluntary land transfer which remain unre-
solved after one (1) year shall not be recognized and such land shall instead be acquired
by the government and transferred pursuant to this Act.
b. The terms and conditions of such transfer shall not be less favorable to the
transferee than those of the government‘s standing offer to purchase from the land-
owner and to resell to the beneficiaries, if such offers have been made and are fully
known to both parties.
c. The voluntary agreement shall include sanctions for noncompliance by either
party and shall be duly recorded and its implementation monitored by the DAR.
SEC. 21. Payment of Compensation by Beneficiaries Under Voluntary Land
Transfer.—Direct payments in cash or in kind may be by the farmer-beneficiary to the
landowner under terms to be mutually agreed upon by both parties, which shall be
binding upon them, upon registration with the approval by the DAR. Said approval
shall be considered given, unless notice of disapproval is received by the farmer-
beneficiary within thirty (30) days from the date of registration.
In the event they cannot agree on the price of land, the procedure for compulsory
acquisition as provided in Section 16 shall apply. The LBP shall extend financing to the
beneficiaries for purposes of acquiring the land.
Chapter VII
Land Distribution
SEC. 22. Qualified Beneficiaries.—The lands covered by the CARP shall be dis-
tributed as much as possible to landless residents of the same barangay, or in the ab-
sence thereof, landless residents of the same municipality in the following order of pri-
ority:
a. agricultural lessees and share tenants;
b. regular farmworkers;
c. seasonal farmworkers;
d. other farmworkers;
e. actual tillers or occupants of public lands;
f. collectives or cooperatives of the above beneficiaries; and
g. others directly working on the land.
Provided, however, That the children of landowners who are qualified under Sec-
tion 6 of this Act shall be given preference in the distribution of the land of their par-
ents; and Provided, further, That actual tenant-tillers in the landholdings shall not be
ejected or removed therefrom.
322
Beneficiaries under Presidential Decree No. 27 who have culpably sold, disposed
of, or abandoned their land are disqualified to become beneficiaries under this Program.
A basic qualification of a beneficiary shall be his willingness, aptitude, and ability
to cultivate and make the land as productive as possible. The DAR shall adopt a system
of monitoring the record or performance of each beneficiary, so that any beneficiary
guilty of negligence or misuse of the land or any support extended to him shall forfeit
his right to continue as such beneficiary. The DAR shall submit periodic reports on the
performance of the beneficiaries to the PARC.
If, due to the landowner’s retention rights or to the number of tenants, lessees, or
workers on the land, there is not enough land to accommodate any or some of them,
they may be granted ownership of other lands available for distribution under this Act,
at the option of the beneficiaries.
Farmers already in place and those not accommodated in the distribution of pri-
vately-owned lands will be given preferential rights in the distribution of lands from the
public domain.
SEC. 23. Distribution Limit.—No qualified beneficiary may own more than
three (3) hectares of agricultural land.
SEC. 24. Award to Beneficiaries.—The rights and responsibilities of the benefi-
ciary shall commence from the time the DAR makes an award of the land to him, which
award shall be completed within one hundred eighty (180) days from the time the DAR
takes actual possession of the land. Ownership of the beneficiary shall be evidenced by
a Certificate of Land Ownership Award, which shall contain the restrictions and condi-
tions provided for in this Act, and shall be recorded in the Register of Deeds concerned
and annotated on the Certificate of Title.
SEC. 25. Award Ceilings for Beneficiaries.—Beneficiaries shall be awarded an
area not exceeding three (3) hectares which may cover a contiguous tract of land or
several parcels of land cumulated up to the prescribed award limits.
For purposes of this Act, a landless beneficiary is one who owns less than three (3)
hectares of agricultural land.
The beneficiaries may opt for collective ownership, such as co-ownership or farm-
ers cooperative or some other form of collective organization; Provided, That the total
area that may be awarded shall not exceed the total number of co-owners or members of
the cooperative or collective organization multiplied by the award limit above pre-
scribed, except in meritorious cases as determined by the PARC. Title to the property
shall be issued in the name of the co-owners or the cooperative or collective organization
as the case may be.
SEC. 26. Payment by Beneficiaries.—Lands awarded pursuant to this Act shall
be paid for by the beneficiaries to the LBP in thirty (30) annual amortizations at six
percent (6%) interest per annum. The payments for the first three (3) years after the
award may be at reduced amounts as established by the PARC; Provided, That the first
323
LAND
five (5) annual payments may not be more than five percent (5%) of the value of the
annual gross production as established by the DAR. Should the scheduled annual pay-
ments after the fifth year exceed ten percent (10%) of the annual gross production and
the failure to produce accordingly is not due to the beneficiary’s fault, the LBP may
reduce the interest rate or reduce the principal obligation to make the repayment af-
fordable.
The LBP shall have a lien by way of mortgage on the land awarded to the benefici-
ary; and this mortgage may be foreclosed by the LBP for nonpayment of an aggregate of
three (3) annual amortizations. The LBP shall advise the DAR of such proceedings and
the latter shall subsequently award the forfeited landholding to other qualified benefi-
ciaries. A beneficiary whose land, as provided herein, has been foreclosed shall thereaf-
ter be permanently disqualified from becoming a beneficiary under this Act.
SEC. 27. Transferability of Awarded Lands.—Lands acquired by beneficiaries
under this Act may not be sold, transferred or conveyed except through hereditary suc-
cession, or to the government, or the LBP, or to other qualified beneficiaries for a period
of ten (10) years; Provided, however, That the children or the spouse of the transferor
shall have a right to repurchase the land from the government or LBP within a period
of two (2) years. Due notice of the availability of the land shall be given by the LBP to
the Barangay Agrarian Reform Committee (BARC) of the barangay where the land is
situated. The Provincial Agrarian Reform Coordinating Committee (PARCCOM) as
herein provided, shall, in turn, be given due notice thereof by the BARC.
If the land has not yet been fully paid by the beneficiary, the rights to the land
may be transferred or conveyed, with prior approval of the DAR, to any heir of the bene-
ficiary or to any other beneficiary who, as a condition for such transfer or conveyance,
shall cultivate the land himself. Failing compliance herewith, the land shall be trans-
ferred to the LBP which shall give due notice of the availability of the land in the man-
ner specified in the immediately preceding paragraph.
In the event of such transfer to the LBP, the latter shall compensate the benefici-
ary in one lump sum for the amounts the latter has already paid, together with the
value of improvements he has made on the land.
SEC. 28. Standing Crops at the Time of Acquisition.—The landowner shall re-
tain his share of any standing crops unharvested at the time the DAR shall take pos-
session of the land under Section 16 of the Act, and shall be given a reasonable time to
harvest the same.
Chapter VIII
Corporate Farms
SEC. 29. Farms Owned or Operated by Corporations or Other Business Associa-

tions.—In the case of farms owned or operated by corporations or other business asso-
ciations, the following rules shall be observed by the PARC:
324
In general, lands shall be distributed directly to the individual worker-

beneficiaries.
In case it is not economically fea-
sible and sound to divide the land, then
it shall be owned collectively by the
worker-beneficiaries who shall form a
workers’ cooperative or association
which will deal with the corporation or
business association. Until a new agree-
ment is entered into by and between the
workers’ cooperative or association and
the corporation or business association,
any agreement existing at the time this
Act takes effect between the former and
the previous landowner shall be res-
pected by both the workers’ cooperative
or association and the corporation or
business association.
SEC. 30. Homelots and Farmlots
for Members of Cooperatives.—The indi- “A man’s country is not a certain area of land,
vidual members of the cooperatives or of mountains, rivers, and woods, but it is a
corporations mentioned in the preceding principle; and patriotism is loyalty to that
section shall be provided with homelots principle.” — George William Curtis
and small farmlots for their family use, (T. Cayton)
to be taken from the land owned by the
cooperative or corporation.
SEC. 31. Corporate Landowners.—Corporate landowners may voluntarily trans-
fer ownership over their agricultural landholdings to the Republic of the Philippines
pursuant to Section 20 hereof or to qualified beneficiaries, under such terms and condi-
tions, consistent with this Act, as they may agree upon, subject to confirmation by the
DAR.
Upon certification by the DAR, corporations owning agricultural lands may give
their qualified beneficiaries the right to purchase such proportion of the capital stock of
the corporation that the agricultural land, actually devoted to agricultural activities,
bears in relation to the company’s total assets, under such terms and conditions as may
be agreed upon by them. In no case shall the compensation received by the workers at
the time the shares of stocks are distributed be reduced. The same principle shall be
applied to associations, with respect to their equity or participation.
Corporations or associations which voluntarily divest a proportion of their capital
stock, equity or participation in favor of their workers or other qualified beneficiaries
under this section shall be deemed to have complied with the provisions of the Act:
Provided, That the following conditions are complied with:
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LAND
a. In order to safeguard the right of beneficiaries who own shares of stocks to

dividends and other financial benefits, the books of the corporation or association shall
be subject to periodic audit by certified public accountants chosen by the beneficiaries;
b. Irrespective of the value of their equity in the corporation or association, the
beneficiaries shall be assured of at least one (1) representative in the board of directors,
or in a management or executive committee, if one exists, of the corporation or associa-
tion; and
c. Any shares acquired by such workers and beneficiaries shall have the same
rights and features as all other shares.
d. Any transfer of shares of stock by the original beneficiaries shall be void ab
initio unless said transaction is in favor of a qualified and registered beneficiary within
the same corporation.
If within two (2) years from the approval of this Act, the land or stock transfer en-
visioned above is not made or realized or the plan for such stock distribution approved
by the PARC within the same period, the agricultural land of the corporate owners or
corporation shall be subject to the compulsory coverage of this Act.
SEC. 32. Production-Sharing.—Pending final land transfer, individuals or enti-
ties owning, or operating under lease or management contract agricultural lands are
hereby mandated to execute a production-sharing plan with their farmworkers or
farmworkers’ organization, if any, whereby three percent (3%) of the gross sales from
the production of such lands are distributed within sixty (60) days at the end of the
fiscal year as compensation to regular and other farmworkers in such lands over and
above the compensation they currently receive; Provided, That these individuals or
entities realize gross sales in excess of five million pesos per annum unless the DAR,
upon proper application, determines a lower ceiling.
In the event that the individual or entity realizes a profit, an additional ten per-
cent (10%) of the net profit after tax shall be distributed to said regular and other
farmworkers within ninety (90) days of the end of the fiscal year.
To forestall any disruption in the normal operation of lands to be turned over to
the farmworker-beneficiaries mentioned above, a transitory period, the length of which
shall be determined by the DAR, shall be established.
During this transitory period, at least one percent (1%) of the gross sales of the en-
tity shall be distributed to the managerial, supervisory and technical group in place at
the time of the effectivity of this Act, as compensation for such transitory managerial
and technical functions as it will perform, pursuant to an agreement that the farm
worker-beneficiaries and the managerial, supervisory and technical group may con-
clude, subject to the approval of the DAR.
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74
SEC. 32-A. Incentives.—Individuals or entities owning or operating fishponds
and prawn farms are hereby mandated to execute within six (6) months from the effec-
tivity of this Act an incentive plan with their regular fishpond or prawn farmworkers or
fishpond or prawn farm workers’ organization, if any, whereby seven and a half percent
(7.5%) of their net profit before tax from the operation of the fishpond or prawn farms
are distributed within sixty (60) days at the end of the fiscal year as compensation to
regular and other pond workers in such ponds over and above the compensation they
currently receive.
In order to safeguard the right of the regular fishpond or prawn farm workers un-
der the incentive plan, the books of the fishpond or prawn farm owners shall be subject
to periodic audit or inspection by certified public accountants chosen by the workers.
The foregoing provision shall not apply to agricultural lands subsequently con-
verted to fishpond or prawn farms provided the size of the land converted does not ex-
ceed the retention limit of the landowner.
SEC. 33. Payment of Shares of Cooperative or Association.—Shares of a coopera-
tive or association acquired by farmers-beneficiaries or workers-beneficiaries shall be
fully paid for in an amount corresponding to the valuation as determined in the imme-
diately succeeding section. The landowner and the LBP shall assist the farmers-
beneficiaries and workers-beneficiaries in the payment for said shares by providing
credit financing.
SEC. 34. Valuation of Lands.—A valuation scheme for the land shall be formu-
lated by the PARC, taking into account the factors enumerated in Section 17, in addi-
tion to the need to stimulate the growth of cooperatives and the objective of fostering
responsible participation of the workers-beneficiaries in the creation of wealth
In the determination of a price that is just not only to the individual but to society as
well, the PARC shall consult closely with the landowner and the workers-beneficiaries.
In case of disagreement, the price as determined by the PARC, if accepted by the
workers-beneficiaries, shall be followed, without prejudice to the landowner’s right to
petition the Special Agrarian Court to resolve the issue of valuation.
Chapter IX
Support Services
SEC. 35. Creation of Support Services Office.—There is hereby created the Office
of Support Services under the DAR to be headed by an Undersecretary.
The Office shall provide general support and coordinative services in the imple-
mentation of the programs particularly in carrying out the provisions of the following
services to farmer-beneficiaries and affected landowners:
_______________________
74
New section introduced by Sec. 4, R.A. No. 7881, 20 February 1995.
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LAND
1. Irrigation facilities, especially second crop or dry season irrigation facilities;

2. Infrastructure development and public works projects in areas and settlements
that come under agrarian reform, and for this purpose, the preparation of the physical
development plan of such settlements providing suitable barangay sites, potable water
and power resources, irrigation systems and other facilities for a sound agricultural
development plan;
3. Government subsidies for the use of irrigation facilities;
4. Price support and guarantee for all agricultural produce;
5. Extending to small landowners, farmers’ organizations the necessary credit,
like concessional and collateral-free loans, for agro-industrialization based on social
collaterals like the guarantees of farmers’ organizations;
6. Promoting, developing and extending financial assistance to small and me-
dium-scale industries in agrarian reform areas;
7. Assigning sufficient numbers of agricultural extension workers to farmers’ or-
ganization;
8. Undertake research, development and dissemination of information on agrar-
ian reform and low-cost and ecologically sound farm inputs and technologies to mini-
mize reliance on expensive and imported agricultural inputs;
9. Development of cooperative management skills through intensive training;
10. Assistance in the identification of ready market for agricultural produce and
training in other various aspects of marketing; and
11. Administration, operation, management and funding of support services pro-
grams and projects including pilot projects and models related to agrarian reform as
developed by the DAR.
SEC. 36. Funding for Support Services.—In order to cover the expenses and cost
of support services, at least twenty-five percent (25%) of all appropriations for agrarian
reform shall be immediately set aside and made available for this purpose. In relation,
the DAR shall be authorized to package proposals and receive grants, aid and other
forms of financial assistance from any source.
SEC. 37. Support Services to the Beneficiaries.—The PARC shall ensure that
support services to farmers-beneficiaries are provided, such as:
a. Land surveys and titling;
b. Liberalized terms on credit facilities and production loans;
c. Extension services by way of planting, cropping, production and postharvest
technology transfer, as well as marketing and management assistance and support to
cooperatives and farmers’ organizations;
d. Infrastructure such as access trails, mini dams, public utilities, marketing and
storage facilities; and
328
e. Research, production and use of organic fertilizers and other local substances
necessary in farming and cultivation.
The PARC shall formulate policies to ensure that support services to farmer bene-
ficiaries shall be provided at all stages of land reform.
The Bagong Kilusang Kabuhayan sa Kaunlaran (BKKK) Secretariat shall be
transferred and attached to the LBP, for its supervision including all its applicable and
existing funds, personnel, properties, equipment and records.
Misuse diversion of the financial and support services herein provided shall result
in sanctions against the beneficiary guilty thereof, including the forfeiture of the land
transferred to him or lesser sanctions as may be provided by the PARC, without preju-
dice to criminal prosecution.
SEC. 38. Support Services to Landowners.—The PARC with the assistance of
such other government agencies and instrumentalities as it may direct, shall provide
landowners affected by the CARP and prior agrarian reform programs with the follow-
ing services:
a. Investment information, financial and counseling assistance;
b. Facilities, programs and schemes for the conversion or exchange of bonds is-
sued for payment of the lands acquired with stocks and bonds issued by the national
government, the Central Bank and other government institutions and instrumentali-
ties;
c. Marketing of LBP bonds, as well as promoting the marketability of said bonds
in traditional and non-traditional financial markets and stock exchanges; and
d. Other services designated to utilize productively the proceeds of the sale or
such lands for rural industrialization.
A landowner who invests in rural-based industries shall be entitled to the incen-
tives granted to a registered enterprise engaged in a pioneer or preferred area of in-
vestment as provided for in the Omnibus Investment Code of 1987, or to such other
incentives as the PARC, the LBP, or other government financial institutions may pro-
vide.
The LBP shall redeem a landowner’s LBP bonds at face value, provided that the
proceeds thereof shall be invested in a BOI-registered company or in any agribusiness
or agro-industrial enterprise in the region where the landowner has previously made
investments, to the extent of thirty percent (30%) of the face value of said LBP bonds,
subject to guidelines that shall be issued by the LBP.
SEC. 39. Land Consolidation.—The DAR shall carry out land consolidation pro-
jects to promote equal distribution of landholdings, to provide the needed infrastruc-
tures in agriculture, and to conserve soil fertility and prevent erosion.
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Chapter X
Special Areas of Concern
SEC. 40. Special Areas of Concern.—This is an integral part of the Comprehen-

sive Agrarian Reform Program, the following principles in these special areas of concern
shall be observed:
1. Subsistence fishing—Small fisherfolk, including seaweed farmers, shall be as-
sured of greater access to the utilization of water resources.
2. Logging and mi-
ning concessions—Subject
to the requirement of a
balanced ecology and con-
servation of water re-
sources, suitable areas, as
determined by the De-
partment of Environment
and Natural Resources
(DENR), in logging, min-
ing and pasture areas,
shall be opened up for ag-
rarian settlements whose
beneficiaries shall be re-
quired to undertake refo-
restation and conserva-
tion production methods.
“The first farmer was the first man. All historic nobility rests on
Subject to existing laws,
the possession and use of land.” — Ralph Waldo Emerson rules and regulations,
settlers and members of
(Y. Lee)
tribal communities shall
be allowed to enjoy and exploit the products of the forest other than timber within the
logging concessions.
3. Sparsely occupied public agricultural lands—Sparsely occupied agricultural
lands of the public domain shall be surveyed, proclaimed and developed as farm settle-
ments for qualified landless people based on an organized program to ensure their or-
derly and early development.
Agricultural land allocations shall be made for ideal family-size farms as determined
by the PARC. Pioneers and other settlers shall be treated equally in every respect.
Subject to the prior rights of qualified beneficiaries, uncultivated lands of the pub-
lic domain shall be made available on a lease basis to interested and qualified parties.
Parties who will engage in the development of capital intensive, traditional or pioneer-
ing crops shall be given priority.
330
The lease period, which shall not be more than a total of fifty (50) years, shall be
proportionate to the amount of investment and production goals of the lessee. A system
of evaluation and audit shall be instituted.
4. Idle, abandoned, foreclosed, and sequestered lands—Idle, abandoned, fore-
closed and sequestered lands shall be planned for distribution as homelots and family
size farmlots to actual occupants. If land area permits, other landless families shall be
accommodated in these lands.
5. Rural women—All qualified women members of the agricultural labor force
must be guaranteed and assured equal right to ownership of the land, equal shares of
the farm’s produce, and representation in advisory or appropriate decision-making
bodies.
6. Veterans and retirees—In accordance with Section 7 of Article XVI of the Con-
stitution, landless war veterans and veterans of military campaigns, their surviving
spouse and orphans, retirees of the Armed Forces of the Philippines (AFP) and the In-
tegrated National Police (INP), returnees, surrenderees, and similar beneficiaries shall
be given due consideration in the disposition of agricultural lands of the public domain.
7. Agriculture graduates—Graduates of agricultural schools who are landless
shall be assisted by the government, through the DAR, in their desire to own and till
agricultural lands.
Chapter XI
Program Implementation
SEC. 41. The Presidential Agrarian Reform Council.—The Presidential Agrar-

ian Reform Council (PARC) shall be composed of the President of the Philippines as
Chairman, the Secretary of Agrarian Reform as Vice Chairman and the following as
members: Secretaries of the Departments of Agriculture; Environment and Natural
Resources; Budget and Management; Local Government; Public Works and Highways;
Trade and Industry; Finance; Labor and Employment; Director-General of the National
Economic and Development Authority; President, Land Bank of the Philippines; Admin-
istrator, National Irrigation Administration; and three (3) representatives of affected
landowners to represent Luzon, Visayas and Mindanao; six (6) representatives of agrar-
ian reform beneficiaries, two (2) each from Luzon, Visayas and Mindanao, provided that
one of them shall be from the cultural communities.
SEC. 42. Executive Committee.—There shall be an Executive Committee (EX-
COM) of the PARC composed of the Secretary of the DAR as Chairman, and such other
members as the President may designate, taking into account Article XIII, Section 5 of
the Constitution. Unless otherwise directed by PARC, the EXCOM may meet and de-
cide on any and all matters in between meetings of the PARC; Provided, however, That
its decisions must be reported to the PARC immediately and not later than the next
meeting.
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SEC. 43. Secretariat.—A PARC Secretariat is hereby established to provide gen-

eral support and coordinative services such as interagency linkages; program and pro-
ject appraisal and evaluation, and general operations monitoring for the PARC.
The Secretariat shall be headed by the Secretary of Agrarian Reform who shall be
assisted by an Undersecretary and supported by a staff whose composition shall be
determined by the PARC Executive Committee and whose compensation shall be
chargeable against the Agrarian Reform Fund. All officers and employees of the Secre-
tariat shall be appointed by the Secretary of Agrarian Reform.
SEC. 44. Provincial Agrarian Reform Coordinating Committee (PARCCOM).—
A Provincial Agrarian Reform Coordinating Committee is hereby created in each prov-
ince, composed of a Chairman, who shall be appointed by the President upon the rec-
ommendation of the EXCOM, the Provincial Agrarian Reform Officer as Executive Offi-
cer, and one representative each from the Departments of Agriculture, and of Environ-
ment and Natural Resources and from the LBP, one representative each from existing
farmers’ organizations, agricultural cooperatives and nongovernmental organizations in
the province; two representatives from landowners, at least one of whom shall be a
producer representing the principal crop of the province, and two representatives from
farmer and farmworker-beneficiaries, at least one of whom shall be a farmer or farm-
worker representing the principal crop of the province, as members, Provided, That in
areas where there are cultural communities, the latter shall likewise have one repre-
sentative.
The PARCCOM shall coordinate and monitor the implementation of the CARP in
the province. It shall provide information on the provisions of the CARP, guidelines
issued by the PARC and on the progress of the CARP in the province.
SEC. 45. Province by Province Implementation.—The PARC shall provide the
guidelines for a province-by-province implementation of the CARP. The ten-year pro-
gram of distribution of public and private lands in each province shall be adjusted from
year to year by the province’s PARCCOM in accordance with the level of operations
previously established by the PARC, in every case ensuring the support services are
available or have been programmed before actual distribution is effected.
SEC. 46. Barangay Agrarian Reform Committee.—Unless otherwise provided in
this Act, the provisions of Executive Order No. 229 regarding the organization of the
Barangay Agrarian Reform Committee (BARC) shall be in effect.
SEC. 47. Functions of the BARC.—In addition to those provided in Executive
Order No. 229, the BARC shall have the following functions:
a. Mediate and conciliate between parties involved in an agrarian dispute includ-
ing matters related to tenurial and financial arrangements;
b. Assist in the identification of qualified beneficiaries and landowners within the
barangay;
332
c. Attest to the accuracy of the initial parcellary mapping of the beneficiary’s till-
age;
d. Assist qualified beneficiaries in obtaining credit from lending institutions;
e. Assist in the initial determination of the value of the land;
f. Assist the DAR representatives in the preparation of periodic reports on the
CARP implementation for submission to the DAR;
g. Coordinate the delivery of support services to beneficiaries; and
h. Perform such other functions as may be assigned by the DAR.
The BARC shall endeavor to mediate, conciliate and settle agrarian disputes
lodged before it within thirty (30) days from its taking cognizance thereof. If after the
lapse of the thirty-day period, it is unable to settle the dispute, it shall issue a certifica-
tion of its proceedings and shall furnish a copy thereof upon the parties within seven (7)
days after the expiration of the thirty day period.
SEC. 48. Legal Assistance.—The BARC or any member thereof may, whenever
necessary in the exercise of any of its functions hereunder, seek the legal assistance of
the DAR and the provincial, city, or municipal government.
SEC. 49. Rules and Regulations.—The PARC and the DAR shall have the power
to issue rules and regulations, whether substantive or procedural, to carry out the ob-
jects and purposes of this Act. Said rules shall take effect ten (10) days after publication
in two (2) national newspapers of general circulation.
Chapter XII
Administrative Adjudication
SEC. 50. Quasi-Judicial Powers of the DAR.—The DAR is hereby vested with
the primary jurisdiction to determine and adjudicate agrarian reform matters and shall
have exclusive original jurisdiction over all matters involving the implementation of
agrarian reform except those falling under the exclusive jurisdiction of the Department
of Agriculture (DA) and the Department of Environment and Natural Resources
(DENR).
It shall not be bound by technical rules of procedure and evidence but shall pro-
ceed to hear and decide all cases, disputes or controversies in a most expeditious man-
ner, employing all reasonable means to ascertain the facts of every case in accordance
with justice and equity and the merits of the case. Toward this end, it shall adopt a
uniform rule of procedure to achieve a just, expeditious and inexpensive determination
for every action or proceeding before it.
It shall have the power to summon witnesses, administer oaths, take testimony,
require submission of reports, compel the production of books and documents and an-
swers to interrogatories and issue subpoena, and subpoena duces tecum, and enforce its
writs through sheriffs or other duly deputized officers. It shall likewise have the power
333
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to punish direct and indirect contempts in the same manner and subject to the same
penalties as provided in the Rules of Court.
Responsible farmer leaders shall be allowed to represent themselves, their fellow
farmers, or their organizations in any proceedings before the DAR; Provided, however,
That when there are two or more representatives for any individual or group, the repre-
sentatives should choose only one among themselves to represent such party or group
before any DAR proceedings.
Notwithstanding an appeal to the Court of Appeals, the decision of the DAR shall
be immediately executory.
SEC. 51. Finality of Determination.—Any case or controversy before it shall be
decided within thirty (30) days after it is submitted for resolution. Only one (1) motion
for reconsideration shall be allowed. Any order, ruling or decision shall be final after the
lapse of fifteen (15) days from receipt of a copy thereof.
SEC. 52. Frivolous Appeals.—To discourage frivolous or dilatory appeals from
the decisions or orders on the local or provincial levels, the DAR may impose reasonable
penalties, including but not limited to fines or censures upon erring parties.
SEC. 53. Certificate of the BARC.—The DAR shall not take cognizance of any
agrarian dispute or controversy unless a certification from the BARC that the dispute
has been submitted to it for mediation and conciliation without any success of settle-
ment is presented; Provided, however, That if no certification is issued by the BARC
within thirty (30) days after a matter or issue is submitted to it for mediation or con-
ciliation the case or dispute may be brought before the PARC.
Chapter XIII
Judicial Review
SEC. 54. Certiorari.—Any decision, order, award or ruling of the DAR on any
agrarian dispute or on any matter pertaining to the application, implementation, en-
forcement, or interpretation of this Act and other pertinent laws on agrarian reform
may be brought to the Court of Appeals by certiorari except as otherwise provided in
this Act within fifteen (15) days from the receipt of a copy thereof.
The findings of fact of the DAR shall be final and conclusive if based on substantial
evidence.
SEC. 55. No Restraining Order or Preliminary Injunction.—No court in the Phil-
ippines shall have jurisdiction to issue any restraining order or writ of preliminary
injunction against the PARC or any of its duly authorized or designated agencies in any
case, dispute or controversy arising from, necessary to, or in connection with the appli-
cation implementation, enforcement, or interpretation of this Act and other pertinent
laws on agrarian reform.
334
SEC. 56. Special Agrarian Court.—The Supreme Court shall designate at least
one (1) branch of the Regional Trial Court (RTC) within each province to act as a Spe-
cial Agrarian Court.
The Supreme Court may designate more branches to constitute such additional
Special Agrarian Courts as may be necessary to cope with the number of agrarian cases
in each province. In the designation, the Supreme Court shall give preference to the
Regional Trial Courts which have been assigned to handle agrarian cases or whose
presiding judges were former judges of the defunct Court of Agrarian Relations.
The Regional Trial Court (RTC) judges assigned to said courts shall exercise said
special jurisdiction in addition to the regular jurisdiction of their respective courts.
The Special Agrarian Courts shall have the powers and prerogatives inherent in or
belonging to the Regional Trial Courts.
SEC. 57. Special Jurisdiction.—The Special Agrarian Courts shall have original
and exclusive jurisdiction over all petitions for the determination of just compensation
to landowners, and the prosecution of all criminal offenses under this Act. The Rules of
Court, shall apply to all proceedings before the Special Agrarian Courts unless modified
by this Act.
The Special Agrarian Courts shall decide all appropriate cases under their special
jurisdiction within thirty (30) days from submission of the case for decision.
SEC. 58. Appointment of Commissioner.s—The Special Agrarian Courts, upon
their own initiative or at the instance of any of the parties, may appoint one or more
commissioners to examine, investigate and ascertain facts relevant to the dispute, in-
cluding the valuation of properties, and to file a written report thereof with the court.
SEC. 59. Orders of the Special Agrarian Courts.—No order of the Special Agrar-
ian Courts on any issue, question, matter or incident raised before them shall be ele-
vated to the appellate courts until the hearing shall have been terminated and the case
decided on the merits.
SEC. 60. Appeals.—An appeal may be taken from the decision of the Special
Agrarian Courts by filing a petition for review with the Court of Appeals within fifteen
(15) days from receipt of notice of the decision; otherwise, the decision shall become
final.
An appeal from the decision of the Court of Appeals, or from any order, ruling or
decision of the DAR, as the case may be, shall be by petition for review with the Su-
preme Court within a non-extendible period of fifteen (15) days from receipt of a copy of
said decision.
SEC. 61. Procedure on Review.—Review by the Court of Appeals or the Supreme
Court, as the case may be, shall be governed by the Rules of Court. The Court of Appeals,
however, may require the parties to file simultaneous memoranda within a period of
fifteen (15) days from notice, after which the case is deemed submitted for decision.
335
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SEC. 62. Preferential Attention in Courts.—All courts in the Philippines, both

trial and appellate, shall give preferential attention to all cases arising or in connection
with the implementation of the provisions of this Act.
All cases pending in court arising from or in connection with the implementation
of this Act shall continue to be heard, tried and decided into their finality, notwith-
standing the expiration of the ten-year period mentioned in Section 5 hereof.
Chapter XIV
Financing
SEC. 63. Funding Source.—The initial amount needed to implement this Act for
the period of ten (10) years upon approval hereof shall be funded from the Agrarian
Reform Fund created under Sections 20 and 21 of Executive Order No. 229.
Additional amounts are hereby authorized to be appropriated as and when needed
to augment the Agrarian Reform Fund in order to fully implement the provisions of this
Act.
Sources of funding or appropriations shall include the following:
a. Proceeds of the sales of the Assets Privatization Trust;
b. All receipts from assets recovered and from sales of ill-gotten wealth recovered
through the Presidential Commission on Good Government;
c. Proceeds of the disposition of the properties of the Government in foreign coun-
tries;
d. Portion of amounts accruing to the Philippines from all sources of official for-
eign aid grants and concessional financing from all countries, to be used for the specific
purposes of financing production credits, infrastructures, and other support services
required by this Act;
e. Other government funds not otherwise appropriated.
All funds appropriated to implement the provisions of this Act shall be considered
continuing appropriations during the period of its implementation.
SEC. 64. Financial Intermediary for the CARP.—The Land Bank of the Philip-
pines shall be the financial intermediary for the CARP, and shall ensure that the social
justice objectives of the CARP shall enjoy a preference among its priorities.
Chapter XV
General Provisions
SEC. 65. Conversion of Lands.—After the lapse of five (5) years from its award,
when the land ceases to be economically feasible and sound for agricultural purposes, or
the locality has become urbanized and the land will have a greater economic value for
336
residential, commercial or industrial purposes, the DAR, upon application of the benefi-
ciary or the landowner, with due notice to the affected parties, and subject to existing
laws, may authorize the reclassification or conversion of the land and its disposition;
Provided, That the beneficiary shall have fully paid his obligation.
75
SEC. 65-A. Conversion into Fishpond and Prawn Farms.—No conversion of
public agricultural lands into fishponds and prawn farms shall be made except in situa-
tions where the provincial government with the concurrence of the Bureau of Fisheries
and Aquatic Resources (BFAR) declares a coastal zone as suitable for fishpond devel-
opment. In such case, the Department of Environment and Natural Resources (DENR)
shall allow the lease and development of such areas; Provided, That the declaration
shall not apply to environmen-
tally critical projects and areas
as contained in title (A) sub-
paragraph two, (B-5) and (C-1)
and title (B), number eleven (11)
of Proclamation No. 2146,
entitled “Proclaiming Certain
Areas and Types of Projects as
Environmentally Critical and
Within the Scope of the Envi-
ronmental Impact Statement
(EIS) System established under
Presidential Decree No. 1586,” to
ensure the protection of river
systems, aquifers and mangrove
vegetations from pollution and
environmental degradation; Pro-
vided, further, That the approval
shall be in accordance with a set
of guidelines to be drawn up and
“To see mangrove trees with a solid green makes people
promulgated by the DAR and
look at the landscape instead of the people.”— Robert
the BFAR; Provided, further-
Muller
more, That small-farmer coo- (G. Tapan, Siargao Mangrove Forest)
peratives and organizations
shall be given preference in the award of the Fishpond Lease Agreement (FLAs).
No conversion of more than five (5) hectares of private lands to fishpond and
prawn farms shall be allowed after the passage of this Act, except when the use of the
land is more economically feasible and sound for fishpond and/or prawn farm, as certi-
fied by the Bureau of Fisheries and Aquatic Resources (BFAR), and a simple and abso-
lute majority of the regular farm workers or tenants agree to the conversion, the De-
_______________________
75
337
LAND
partment of Agrarian Reform, may approve applications for change in the use of the
land; Provided, finally, That no piecemeal conversion to circumvent the provisions of
this Act shall be allowed. In these cases where the change of use is approved, the provi-
sions of Section 32-A hereof on incentives shall apply.
76
SEC. 65-B. Inventory.—Within one (1) year from the effectivity of this Act, the
BFAR shall undertake and finish an inventory of all government and private fishponds
and prawn farms, and undertake a program to promote the sustainable management
and utilization of prawn farms and fishponds. No lease under Section 65-A hereof may
be granted until after the completion of the said inventory.
The sustainable management and utilization of prawn farms and fishponds shall
be in accordance with the effluent standards, pollution charges and other pollution
control measures such as, but not limited to, the quantity of fertilizers, pesticides and
other chemicals used, that may be established by the Fertilizer and Pesticide Authority
(FPA), the Environmental Management Bureau (EMB), and other appropriate govern-
ment regulatory bodies, and existing regulations governing water utilization, primarily
Presidential Decree No. 1067, entitled “A Decree Instituting a Water Code, Thereby
Revising and Consolidating the Laws Governing the Ownership, Appropriation, Utiliza-
tion, Exploitation, Development, Conservation and Protection of Water Resources.”
77
SEC. 65-C. Protection of Mangrove Areas.—In existing Fishpond Lease Agree-
ments (FLAs) and those that will be issued after the effectivity of this Act, a portion of
the fishpond area fronting the sea, sufficient to protect the environment, shall be estab-
lished as a buffer zone and be planted to specified mangrove species to be determined in
consultation with the regional office of the DENR. The Secretary of Environment and
Natural Resources shall provide the penalties for any violation of this undertaking as
well as the rules for its implementation.
78
SEC. 65-D. Change of Crops.—The change of crops to commercial crops or
high value crops shall not be considered as a conversion in the use or nature of the land.
The change in crop should however, not prejudice the rights of tenants or leaseholders
should there be any and the consent of a simple and absolute majority of the affected
farm workers, if any, shall first be obtained.
SEC. 66. Exemptions from Taxes and Fees of Land Transfers.—Transactions
under this Act involving a transfer of ownership, whether from natural or juridical
persons, shall be exempted from taxes arising from capital gains. These transactions
shall also be exempted from the payment of registration fees, and all other taxes and
fees for the conveyance or transfer thereof; Provided, That all arrearages in real prop-
erty taxes, without penalty or interest, shall be deductible from the compensation to
which the owner may be entitled.
_______________________
76
77
78
338
SEC. 67. Free Registration of Patents and Titles.—All Registers of Deeds are
hereby directed to register, free from payment of all fees and other charges, patents,
titles and documents required for the implementation of the CARP.
SEC. 68. Immunity of Government Agencies from Undue Interference.—No in-
junction, restraining order, prohibition or mandamus shall be issued by the lower courts
against the Department of Agrarian Reform (DAR), the Department of Agriculture
(DA), the Department of Environment and Natural Resources (DENR), and the De-
partment of Justice (DOJ) in their implementation of the program.
SEC. 69. Assistance of Other Government Entities.—The PARC, in the exercise
of its functions, is hereby authorized to call upon the assistance and support of other
government agencies, bureaus and offices, including government-owned or controlled
corporations.
SEC. 70. Disposition of Private Agricultural Lands.—The sale or disposition of
agricultural lands retained by a landowner as a consequence of Section 6 hereof shall be
valid as long as the total landholdings that shall be owned by the transferee thereof
inclusive of the land to be acquired shall not exceed the landholding ceilings provided
for in this Act.
Any sale or disposition of agricultural lands after the effectivity of this Act found
to be contrary to the provisions hereof shall be null and void.
Transferees of agricultural lands shall furnish the appropriate Register of Deeds
and BARC an affidavit attesting that his total landholdings as a result of the said ac-
quisition do not exceed the landholding ceiling. The Register of Deeds shall not register
the transfer of any agricultural land without the submission of this sworn statement
together with the proof of service of a copy thereof to the BARC.
SEC. 71. Bank Mortgages.—Banks and other financial institutions allowed by
law to hold mortgage rights or security interests in agricultural lands to secure loans
and other obligations of borrowers, may acquire title to these mortgaged properties,
regardless of area, subject to existing laws on compulsory transfer of foreclosed assets
and acquisition as prescribed under Section 16 of this Act.
SEC. 72. Lease, Management, Grower or Service Contracts, Mortgages, and
Other Claims.—Lands covered by this Act under lease, management, grower or service
contracts, and the like shall be disposed of as follows:
a. Lease, management, grower or service contracts covering private lands may
continue under their original terms and conditions until the expiration of the same even
if such land has, in the meantime, been transferred to qualified beneficiaries.
b. Mortgages and other claims registered with the Register of Deeds shall be as-
sumed by the government up to an amount equivalent to the landowner’s compensation
value as provided in this Act.
SEC. 73. Prohibited Acts and Omissions.—The following are prohibited:
339
LAND
a. The ownership or possession, for the purpose of circumventing the provisions

of this Act, of agricultural lands in excess of the total retention limits or award ceilings
by any person, natural or juridical, except those under collective ownership by farmer
beneficiaries.
b. The forcible entry or illegal detainer by persons who are not qualified benefici-
aries under this Act to avail themselves of the rights and benefits of the Agrarian Re-
form Program.
c. The conversion by any landowner of his agricultural land into any non-
agricultural use with intent to avoid the application of this Act to his landholdings and
to dispossess his tenant farmers of the land tilled by them.
d. The willful prevention or obstruction by any person, association or entity of the
implementation of the CARP.
e. The sale, transfer, conveyance or change of the nature of lands outside of ur-
ban centers and city limits either in whole or in part after the effectivity of this Act. The
date of the registration of the deed of conveyance in the Register of Deeds with respect
to titled lands and the date of the issuance of the tax declaration to the transferee of the
property with respect to unregistered lands, as the case may be, shall be conclusive for
the purpose of this Act.
The sale, transfer or conveyance by a beneficiary of the right to use or any other
usufructuary right over the land he acquired by virtue of being a beneficiary, in order to
circumvent the provisions of this Act.
79
SEC. 73-A. Exception—The provisions of Section 73, paragraph (e), to the con-
trary notwithstanding, the sale and/or transfer of agricultural land in cases where such
sale, transfer or conveyance is made necessary as a result of a bank’s foreclosure of the
mortgaged land is hereby permitted.
SEC. 74. Penalties.—Any person who knowingly or willfully violates the provi-
sions of this Act shall be punished by imprisonment of not less than one (1) month to
not more than three (3) years or a fine of not less than one thousand pesos (P1,000.00)
and not more than fifteen thousand pesos (P15,000.00), or both, at the discretion of the
court.
If the offender is a corporation or association, the officer responsible therefore
shall be criminally liable.
SEC. 75. Suppletory Application of Existing Legislation.—The provisions of Re-
public Act No. 3844 as amended, Presidential Decree Nos. 27 and 266 as amended,
Executive Order Nos. 228 and 229, both series of 1987; and other laws not inconsistent
with this Act shall have suppletory effect.
SEC. 76. Repealing Clause.—Section 35 of Republic Act No. 3844, Presidential
Decree No. 316, the last two paragraphs of Section 12 of Presidential Decree No. 946.
_______________________
79
340
Presidential Decree No. 1038, and all other laws, decrees, executive orders, rules,
and regulations, issuances or parts thereof inconsistent with this Act are hereby re-
pealed or amended accordingly.
SEC. 77. Separability Clause.—If, for any reason, any section or provision of this
Act is declared null and void, no other section, provision, or part thereof shall be af-
fected and the same shall remain in full force and effect.
SEC. 78. Effectivity Clause.—This Act shall take effect immediately after publi-
cation in at least two (2) national newspapers of general circulation.
ECO-LIEN
— The psychological need for security of tenure
must be used for ecological advantage.
Cases on Land Reform
Vinzons-Magana v. Estrella
The issuance of a certificate of land transfer to a land reform beneficiary prior to
payment does not violate the property rights of the original owner. At most, the certifi-
cate merely evidences the government‘s recognition of the grantee as the party qualified
to avail of the mechanism for the acquisition of ownership of the land. Neither is this
recognition permanent nor irrevocable. Failure on the part of the farmer to comply with
his obligations can result in the forfeiture of his certificate of land transfer.
G.R. 60269, 13 September 1991
Luz Farms v. Secretary of Agrarian Reform

The inclusion of land devoted to the raising of livestock, poultry and swine in the
Agrarian Reform Law is unconstitutional. (Note: Poultry and livestock do not grow out
of the land or soil, but needs additional and extensive capital to establish and operate)
G.R. 86889, 4 December 1990
341
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Maddumba v. GSIS
The GSIS, a government-owned and controlled corporation, may be compelled to
accept at face value Land Bank notes earlier received in payment of land expropriated
under land reform. Since in land reform the owner seldom gets what he wants for his
property, for the government to compel him further to discount those notes would be
another sacrifice, and thus, unfair.
G.R. 61293, 15 February 1990
Association of Small Landowners v. Department of Agrarian Reform
Republic Act 6657, known as the Comprehensive Agrarian Reform Law is constitu-
tional.
As to the manner of fixing compensation
The determination by administrative authorities as to the amount of compensa-
tion may always be reviewed by the courts, hence constitutional.
As to the mode of compensation
Since the Agrarian Reform Program does not deal with traditional expropriation,
it is understandable for government not to immediately have the money needed for
compensation. Hence, some other device was found necessary.
As to the time when title is transferred
The law conditions the transfer of possession and ownership of the land to the
government on receipt by landowner of the corresponding payment or the deposit by the
DAR of the compensation in cash or LBP bonds with an accessible bank. Until then,
title also remains with the landowner. No outright change of ownership is contem-
plated.
175 SCRA 343, 1989
342
COMMUNITY BASED FOREST MANAGEMENT
Integrated Social Forestry

The kaingineros (slash-and-burn farmers) had always been viewed as “enemies” of
the forest. This perception began to shift when it was realized that they could be effec-
tive partners in the management of forested areas. One strategy is to give the forest
occupants certain tenurial privileges and rights over the land that they till, thus ensur-
ing a long-term interest on said land.
Although the law prohibits the disposition of public lands (such as forest lands) to
private individuals, the State adopted a policy of granting long-term tenurial instru-
ments in the concept of a lease to deserving occupants. Section 5 of Letter of Instruction
No. 1260 forms the core of the regulatory instrument that now governs land tenure in
forest lands.
Over the years, this concept has evolved into what is now known as the “commu-
nity based approach.” People who have a stake in the well-being of the forest are in the
best position to, and most effective partners in, the management of the forest. Thus was
born the concept of community-based forest management.
Community Based Forest Management (Executive Order No. 263)

Whereas, Article II, Section 16 of the 1987 Constitution provides for the protection
and advancement of the right of the Filipino people, both men and women, to a health-
ful and balanced ecology;
Whereas, Article II, Section 10 provides for the promotion of social justice to all
citizens in all phases of national development;
Whereas, Article XIV, Section 17 mandates the State to recognize and respect the
rights of the indigenous peoples to their ancestral domains and consider their customs,
traditions and beliefs in the formulation of laws and policies;
Whereas, Executive Order No. 192, series of 1987, mandates the Department of
Environment and Natural Resources (DENR) as the primary government agency re-
sponsible for the sustainable management and development of the country’s natural
resources;
Whereas, the Philippines 2000 and the government‘s Social Reform Agenda sup-
port people empowerment and the full, meaningful, and indispensable participation of
communities as immediate stakeholders of the forest land resources in the protection
and management of the forest ecosystem;
Whereas, the 25-year Master Plan for Forestry Development also recognizes the
indispensable role of local communities in forest protection, rehabilitation, develop-
ment, and management, and targets the protection, rehabilitation, management, and
343
LAND
utilization of at least 4 million hectares of forest lands, through the community-based

forest management strategy;
Whereas, entrusting the responsibility for forest rehabilitation, protection, and
conservation to the community of stakeholders and affording them equitable access to
the forest and coastal resources
are viable forest land management
strategies as borne by the
experience of the DENR and vari-
ous supporting agencies;
Now, Therefore, I Fidel V.
Ramos, President of the Philip-
pines, by virtue of the powers
vested in me by law, do hereby
order that:
SECTION 1. Community-
based forest management (herein
referred to as CBFM) shall be the
national strategy to achieve sus-
tainable forestry and social justice.
SEC. 2. The DENR, through
its Community and Provincial Envi-
ronment and Natural Resource Of-
fices, in coordination with the local
government units and the Depart-
ment of Interior and Local Govern-
ment (DILG) shall, at all times, take
into account the needs and aspira-
tions of local communities whose
livelihood depends on the forest-
lands.
SEC. 3. Participating orga- “Landscapes have a language of their own, express-
ing the soul of the things, lofty or humble, which
nized communities may be granted
constitute them, from the mighty peaks to the small-
access to the forestland resources est of the tiny flowers hidden in the meadow’s grass.”
under long term tenurial agree- — Alexandria David-neel
ments, provided they employ envi- (A. Oposa)
ronment-friendly, ecologically-sus-
tainable, and labor-intensive harvesting methods. Such harvesting methods shall be
mentioned under a site-specific management plan of each recipient community and duly
approved by the DENR.
SEC. 4. The indigenous peoples may participate in the implementation of CBFM
activities in recognition of their rights to their ancestral domains and land rights and
claims.
344
SEC. 5. A. CBFM Steering Committee shall be created immediately and headed

by the DENR with members from the Departments of Agriculture, Trade and Industry,
Agrarian Reform, Finance, Science and Technology, Labor and Employment, Interior
and Local Government, Budget and Management, National Defense and Justice; Na-
tional Economic Development and Authority; Philippine Commission on Countrywide
Development under the Office of the President, Committee on Flagship Programs and
Projects of the Office of the President; Presidential Management Staff under the Office
of the President; Cooperative Development Authority, and Offices of Northern and
Southern Cultural Communities. The Committee may invite representatives from the
Philippine Chamber of Commerce, Philippine Wood Products Association, NGO coali-
tion groups, and other public and private organizations to become members of the
Steering Committee. The Committee shall formulate and develop policy guidelines that
will create incentives and conditions necessary to effectively carry out community-based
forest management strategy. Accordingly, members of the CBFM Steering Committee
should, at least, be represented by concerned Assistant Secretaries or heads of bureaus
and agencies.
SEC. 6. The DENR shall work with local governments, people’s organizations
(POs), non-government organizations (NGOs), religious groups, business and industry,
and other concerned organizations to ensure that communities are empowered to initi-
ate and achieve the objectives of this Order.
SEC. 7. In its budget preparation, the DENR shall allot adequate funds to effec-
tively accomplish CBFM targets and shall seek supplementary funding from local and
foreign supporting agencies and organizations. DENR shall ensure the inclusion of
budgetary allocation for CBFM in the annual General Appropriations Act, pending the
passage of the revised Forestry Code.
SEC. 8. The DENR shall establish a Community-Based Forest Management
Special Account (CBFMSA) to support the implementation of the strategy and provide
financial and professional incentive system for deserving communities and government
personnel.
SEC. 9. The DENR may source local and international grants and donations for
the establishment of the CBFM Special Account. Other sources of fund may later be
determined by the CBFM Steering Committee subject to existing government regula-
tions.
SEC. 10. The DENR shall support and set up jointly with relevant colleges and
universities, private and public organizations, arrangements for a community forestry
training program for members of participating units, such as people’s organizations,
non-government organizations, local government units, and other government person-
nel.
345
LAND
SEC. 11. Within six months after the signing of this Order, the DENR, in con-
sultation with government financial institutions, such as the Development Bank of the
Philippines (DBP), the Land Bank of the Philippines (LBP), GSIS and the SSS, shall
effect the creation of favorable
financing mechanisms for access by
communities and organizations in
the pursuit of the CBFM strategy
and its sub-strategies such as com-
munity training and empowerment,
enterprise development, agro-fores-
try development, tree plantations,
and other non-forest-based alterna-
tive livelihood systems.
SEC. 12. The DENR Secre-
tary shall issue new rules, regula-
tions, procedures, and guidelines
necessary to implement this Order
and repeal or modify existing ones
consistent with the policies set forth
by the CBFM Steering Committee.
SEC. 13. The DENR Secre-
tary shall, within six months from
the signing of this Order, submit to
the Office of the President, a Na-
tional Comprehensive Community “People who will not sustain trees will soon live in
Forestry Action Plan, which embo- a world that will not sustain people.” — Bryce
dies the Department’s short, me- Nelson
dium and long-term plans. The ac- (A. Oposa)
tion plan shall be discussed and
approved by the CBFM Steering Committee prior to its submission to the President.
SEC. 14. All previous executive and administrative issuances, which are incon-
sistent herewith, are repealed or amended accordingly.
346
Allocation/Tenure Instruments in Production Forest Lands
There are four basic categories of instruments that are used in production forest
lands. These are classified according to those involved as follows:
80
A. Communities
1. Community-Based Forest Management Agreement (CBFMA):

This is the current instrument used in the country under EO 263, Series of 1995.
It is a production sharing contract entered into by and between the government and
People’s Organization (PO) to utilize a portion of the forest land with the sustainable
forest management principles in mind. The agreement is binding for 25 years and re-
newable for another 25 years. CBFMA can also take other forms as discussed below:
a. Certificate of Stewardship Contract (CSC):
This is an agreement between and among the government and an individual forest
occupant or families. This assures the latter peaceful occupation, possession and sus-
tainable development over a designated portion of the CBFM project. CSCs are subject
to the allocation and endorsement of the PO.
b. Protected Area Community-Based Resource Management Agreement
(PA-CBRMA):
This is awarded to POs of qualified tenured migrants and indigenous peoples (IP)
in community based projects within protected areas.
c. Certificate of Ancestral Domain Claim-Community-Based Forest Man-
agement Agreement (CADC-CBFMA) and Certificate of Ancestral Land Claim-
Community-Based Forest Management Agreement (CALC-CBFMA):
These instruments are for CADC and CALC holders entering into a CBFMA Pro-
gram.
2. Programs Prior to CBFMA:
a. Forest Land Management Program (FLMP): This provides sole and exclu
sive rights to its participants to occupy, develop and manage specified areas of
forest lands. It also includes the privilege to harvest, sell and utilize products
_______________________
80
CBFM has integrated and unified all people oriented forestry programs. This includes
FLMP, CFP, ISFP, LIUCP, Upland Development Program (UDP), Regional Resources Manage-
ment Project (RRMP), Integrated Rainforest Management Project (IRMP), Forestry Sector Project
(FSP), Coastal Environment Program (CEP), and Recognition of Ancestral Domains/Claims.
347
LAND
grown on the land. The government enters into a Forest Land Management
Agreement (for this program) with forest occupants and residents of upland com-
munities in lieu of national reforestation objectives.
b. Community Forestry Program (CFP): This allows organized communities
to manage, develop and utilize forest resources in a sustainable manner.
c. Integrated Social Forestry Program (ISFP): This endows families with Cer-
tificates of Stewardship (CS) over portions of forest lands. It was conceptualized
with the end of maximizing land productivity, enhancing ecological stability, and
improving the socioeconomic conditions of forest occupants and communities.
d. Income Upland Communities Project (LIUCP): This aims to achieve both a
sustainable upland forest management and poverty alleviation in rural communi-
ties.
81
e. Recognition of Ancestral Domain Claims : The program aims to recognize
the rights of indigenous cultural communities and indigenous peoples to their
ancestral domains/lands. DENR awards two forms of certificates as described
below:
I. Certificate of Ancestral Domain Claim (CADC): This is conferred to indigenous
cultural community/indigenous people claiming a particular traditional territory they
possess since time immemorial where ownership is based on their customs and traditions.
II. Certificate of Ancestral Land Claim (CALC): This is bestowed to an indige-
nous Filipino individual, family or clan claiming a particular area they traditionally
possess, occupy and used since time immemorial.
B. Investors
1. Timber License Agreements (TLA):
These endow individuals the right to possess and occupy and thus to utilize forest
resource within a forestland with the condition of developing, protecting and rehabili-
tating the same. They are binding for 25 years and renewable for another 25 years. The
government does not issue TLAs anymore pursuant to the 1987 constitution.
2. Integrated Forest Management Agreement (IFMA):
This is a production-sharing contract entered into by and between the DENR and
a qualified applicant. The former confers exclusive rights to the latter to develop, man-
age, protect and utilize a specified area of forestland and its forest resources. The con-
tract is effective for a period of 25 years and renewable for another 25 years.
_______________________
81
The issuance of CADC and CALC was turned over to the NCIP from the DENR in 1997
with the passage of IPRA (RA 8371).
348
3. Socialized Industrial Forest Management Agreement (SIFMA):

This provides natural and juridical persons the right to develop, utilize and man-
age a small tract of forest land consistent with the principles of sustainable develop-
ment. Individuals or families and associations or cooperatives are qualified recipients
through an agreement with the DENR.
4. Forest Land Grazing Management Agreement (FLGMA):
This is used for grazing areas, binding for 25 years and renewable for another 25
years.
C. Government Employees
1. Contract of Usufruct:
This endows a DENR employee with the rights to enjoy a maximum of 5 hectares
in certain forest lands as tree farms while associations may be granted up to 150 hec-
tares. Beneficiaries enjoy the property with the condition of preserving its form and
substance without right of occupation.
D. Other Allocation / Tenure Instruments
1. Communal Forest:
This is a tract of forestland provided by the DENR Secretary for personal use of
residents of a municipality or city. This endows privileges to cut, collect and remove
82
forest products in accordance with the law and principles of sustainable development.
2. Community Watershed Areas:
These are forestlands designated by the DENR for specific local communities as
83
sources of water supply.
3. Co-Management Agreement:
This is an understanding between the DENR and an LGU towards co-
management of certain forest areas consistent with their respective mandates and the
principles of sustainable forest management.
_______________________
82
EcoGov Book by Atty. Oliva notes “[t]here is as yet no communal forest assigned by DENR
to an LGU.”
83
EcoGov Book by Atty. Oliva notes “[t]here is as yet no communal watershed that has been
assigned by DENR to the LGU.”
349
LAND
Permits Issued for the Utilization of Forest Resources

in Production Forest Lands
Issued Permit Description

1. Ordinary Minor Forest Prod- : This provides permission to cut and utilize any
ucts License (OMFPL) forest products except for timber and rattan,
granted by the DENR.
2. Rattan Cutting Contract : This allows the cutting and gathering of rattan
(RCC) inside forest lands for the purpose of utilization,
disposition and transport of rattan.
3. Wood Recovery Permit (WRP) : This is a permit issued by the DENR for the re-
covery and disposition of abandoned logs, drifted
logs, sunken logs, uprooted and fire/typhoon
damaged trees, tree stumps, tops and branches.
Allocation/Tenure Instruments in Protected Areas
Activities within protected areas are governed by NIPAS Act, Wildlife Resources
Conservation and Protection Act, and the National Caves and Cave Resources Man-
agement and Protection Act.
Instrument Description
1. Protected Area Community : This is similar to the CBFM Agreements
Based Resource Management issued in production forest lands
Agreement
2. Use/Development of Facilities : These are usually done through Contracts,
Inside Protected Area Memorandum of Agreements, or Memoran-
dum of Understanding.
3. Special Land Uses within PA : These refer to installation of communication
facilities, electric power lines, etc.
4. Scientific/Academic Researches : These are governed by RA 9147 s. 2001.
5. Energy Resources Surveys : These are for energy resources surveys.
6. Bioprospecting (Commercial : These are governed by DAO 20 s. 1996, EO
Research Agreements) 247 s. 1995 and RA 9147 s. 2001.
7. Export/Import/Re-Export : These are governed by RA 9147 s. 2001.
(CITES/Non-CITES Permits
and Certifications)
8. Collection and Breeding of Wild- : These are governed by EO 192 s. 1987 and
life sections 17 and 20 of RA 9147 s. 2001.
350
9. Local Transport of Wildlife : This is governed by RA 9147 s. 2001.
10. Collection and Removal of : This is covered by RA 9702. Permits are to
Guano and Other Cave Re- be secured from PAWB.
sources
11. Development and Management : This is covered by RA 9702. The instrument
of Caves is in the form of a Memorandum of Under-
standing or Memorandum of Agreement be-
tween PAWB and the applicant.
Agreements and Permits Involving Forest Resources in Private Lands
1. Private Forest Development : This is an agreement between DENR and a
Agreement (PFDA) private landowner for the establishment and
development of forest plantation within his
private property. This provides incentives to
applicants.
2. Private Land Timber Permit : This is provided to landowners for the cut-
(PLTP) ting, gathering and utilization of naturally
grown trees in private lands. This is granted
to lands covered by administrative and judi-
cial titles such as Free Patents, Homestead
Patents, Sales Patents and Torrens titles ob-
tained under the Land Registration Act
3. Special Private Land Timber : This is a permit granted to landowners for
Permit (SPLTP) cutting, gathering and utilization of pre-
mium hardwood species, both planted and
naturally grown. Premium hardwood species
include narra, molave, dao, kamagong, ipil,
akle, apanit, banuyo, bakuling, betis, bolong-
eta, kalantas, lanete, lumbayao, sangilo,
supa, teak, tindalo, manggis including Ben-
guet pine.
4. Special Tree Cutting Permit : This is a permit issued by the Secretary of
(STCP) DENR for the cutting, gathering and/or utili-
zation of trees which are affected in the im-
plementation of government or private infra-
structure and development projects.
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Minerals
Small-Scale Mining Program (Presidential Decree No. 1899)
Whereas, the Philippine mining industry has always been dominated by large-
scale mining operations; prevailing statutes, policies, incentives and financing are gen-
erally addressed to the large-scale sector of the industry; and capital intensity with high
debt-equity ratio, mechanization and heavy energy requirements characterize such type
of operations, whose main attraction is the attainment of economies of scale through
low cost but large tonnage opera-
tions;
Whereas, the advent of in-
flation, volatile commodity pri-
ces, multiple increases of oil and
fuel prices, stringent environ-
mental control measures and
high cost of capital proved to be
most disastrous for Philippine
large scale mines;
Whereas, abundance of
cheap labor in the Philippines,
relative flexibility and simplicity
of operations, minimum capital
requirements, less fuel depen-
dent operations and minimal ef-
fects on the environment are
among the arguments that lend “Conservation is the foresighted utilization, preserva-
support to the development of tion and/or renewal of forests, waters, lands and min-
small-scale mining; erals, for the greatest good of the greatest number for
the longest time.” — Gifford Pinchot
Whereas, there exist small
(Digital Vision)
mineral deposits that are being
or could be worked profitably at small tonnages requiring minimal capital investments
utilizing manual labor; and
Whereas, the development of these small mineral deposits will generate more em-
ployment opportunities, thereby alleviating the living conditions in the rural areas and
will contribute additional foreign exchange earnings.
Now, Therefore, I, Ferdinand E. Marcos, President of the Republic of the Philip-
pines, by virtue of the powers vested in me by the Constitution, do hereby decree and
order as follows:
SECTION 1. Small-scale mining refers to any single unit mining operation hav-
ing an annual production of not more than P50,000 metric tons of ore and satisfying the
following requisites:
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MINERALS
1. The working is artisanal, either open cast or shallow underground mining,

without the use of sophisticated mining equipment;
2. Minimal investment on infrastructures and processing plant;
3. Heavy reliance on manual labor, and
4. Owned, managed or controlled by an individual or entity qualified under exist-
ing mining laws, rules and regulations.
SEC. 2. The holders of mining rights meeting the conditions of the preceding
section may apply at any time as small-scale mining permittee/licensee, provided they
are holders of valid and existing mining rights, who have subsequently complied with
existing mining rights, who have subsequently complied with existing mining laws,
rules and regulations before the promulgation of this Decree. A permit or license issued
for this purpose shall be valid for two (2) years renewable for another like period.
SEC. 3. The permittee or licensee shall produce within twelve (12) months from
the date of the issuance of the permit or license and shall submit verified periodic re-
ports. Non-compliance with these requirements shall result in the forfeiture of the
rights granted under this Decree.
SEC. 4. The small-scale mining permittee/licensee shall, during the term of the
permit or license, be exempt from payment of all taxes, except income tax.
SEC. 5. The Bureau of Mines and Geosciences shall provide technical assis-
tance, whenever feasible, as determined by the Director of Mines and Geo-Sciences.
SEC. 6. The Director of Mines and Geosciences may waive some other require-
ments from other government agencies, which he may deem unnecessary for the proper
implementation of the provisions of this Decree.
SEC. 7. New mining areas and/or areas covered by existing reservations not covered
by valid and existing mining claims at the time of the promulgation of this Decree shall be
governed by the implementing rules and regulations that shall be hereinafter promulgated.
The permit area falling under this Section, and its immediate vicinity, shall be
closed to mining location and the permittee/licensee shall have the first option to locate
such areas under other mining laws/decrees, which shall be exercised within a period of
two (2) years from the grant of the permit or license and to cover an area equivalent to
but not exceeding one meridonial block.
SEC. 8. The Minister of Natural Resources, upon the recommendation of the Di-
rector of Mines and Geosciences, shall promulgate rules and regulations to properly
implement the provisions of this Decree.
SEC. 9. All laws, decrees, letter of instructions, executive orders, administrative
orders, rules and regulations, or parts thereof, which are inconsistent with any provi-
sions of this Decree, are hereby repealed, amended, or modified accordingly.
SEC. 10. This Decree shall take effect immediately.
Done in the City of Manila, this 23rd day of January, 1984.
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Be careful of what you

take out of the Earth;
Especially those that you
cannot put back in.
(Digital Vision)
People’s Small-Scale Mining (Republic Act No. 7076)
SECTION 1. Title.—This Act shall be known as the “People’s Small-Scale Min-

ing Act of 1991.”
promote, develop, protect and rationalize viable small-scale mining activities in order to
generate more employment opportunities and provide an equitable sharing of the na-
tion’s wealth and natural resources, giving due regard to existing rights as herein pro-
vided.
SEC. 3. Definitions.—For purposes of this Act, the following terms shall be de-
fined as follows:
a. Mineralized areas refer to areas with naturally occurring mineral deposits of
gold, silver, chromite, kaolin, silica, marble, gravel, clay and like mineral resources;
354
PEOPLE’S SMALL-SCALE MINING
b. Small-scale mining refers to mining activities which rely heavily on manual

labor using simple implements and methods and do not use explosives or heavy mining
equipment;
c. Small-scale miners refers to Filipino citizens who, individually or in the com-
pany of other Filipino citizens, voluntarily form a cooperative duly licensed by the De-
partment of Environment and Natural Resources to engage, under the terms and condi-
tions of a contract, in the extraction or removal of minerals or ore-bearing materials
from the ground;
d. Small-scale mining contract refers to co-production, joint venture or mineral
production sharing agreement between the State and a small-scale mining contractor
for the small-scale utilization of a plot of mineral land;
e. Small-scale mining contractor refers to an individual or a cooperative of small-
scale miners, registered with the Securities and Exchange Commission or other appro-
priate government agency, which has entered into an agreement with the State for the
small-scale utilization of a plot of mineral land within a people’s small-scale mining
area;
f. Active mining area refers to areas under actual exploration, development, ex-
ploitation or commercial production as determined by the Secretary after the necessary
field investigation or verification including contiguous and geologically related areas
belonging to the same claim owner and/or under contract with an operator, but in no
case to exceed the maximum area allowed by law;
g. Existing mining right refers to perfected and subsisting claim, lease, license or
permit covering a mineralized area prior to its declaration as a people’s small-scale
mining area;
h. Claim owner refers to a holder of an existing mining right;
i. Processor refers to a person issued a license to engage in the treatment of min-
erals or ore-bearing materials such as by gravity concentration, leaching benefication,
cyanidation, cutting, sizing, polishing and other similar activities;
j. License refers to the privilege granted to a person to legitimately pursues his
occupation as a small-scale miner or processor under this Act;
k. Mining plan refers to a two-year program of activities and methodologies em-
ployed in the extraction and production of minerals or ore-bearing materials, including
the financial plan and other resources in support thereof;
l. Director refers to the regional executive director of the Department of Envi-
ronment and Natural Resources; and
m. Secretary refers to the Secretary of the Department of Environment and Natu-
ral Resources.
SEC. 4. People’s Small-Scale Mining Program.—For the purpose of carrying out
the declared policy provided in Section 2 hereof, there is hereby established a People’s
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Small-Scale Mining Program to be implemented by the Secretary of the Department of

Environment and Natural Resources, hereinafter called the Department, in coordina-
tion with other concerned government agencies, designed to achieve an orderly, system-
atic, and rational scheme for the small-scale development and utilization of mineral
resources in certain mineral areas in order to address the social, economic, technical,
and environmental problems connected with small-scale mining activities.
The People’s Small-Scale Mining Program shall include the following features:
a. The identification, segregation, and reservation of certain mineral lands as
people’s small-scale mining areas;
b. The recognition of prior existing rights and productivity;
c. The encouragement of the formation of cooperatives;
d. The extension of technical and financial assistance, and other social services;
e. The extension of assistance in processing and marketing;
f. The generation of ancillary livelihood activities;
g. The regulation of the small-scale mining industry with the view to encourage
growth and productivity; and
h. The efficient collection of government revenue.
SEC. 5. Declaration of People’s Small-Scale Mining Areas.—The Board is hereby
authorized to declare and set aside people’s small-scale mining areas in sites onshore,
suitable for small-scale mining, subject to review by the Secretary, immediately giving
priority to areas already occupied and actively mined by small-scale miners before Au-
gust 1, 1987: Provided, That such areas are not considered as active mining areas: Pro-
vided, further, That the minerals found therein are technically and commercially suit-
able for small-scale mining activities: Provided, finally, That the areas are not covered
by existing forest rights or reservations and have not been declared as tourist or marine
reserved, parks and wildlife reservations, unless their status as such is withdrawn by
competent authority.
SEC. 6. Future People’s Small-Scale Mining Areas.—The following lands, when
suitable for small-scale mining, may be declared by the Board as people’s small scale
mining areas:
a. Public lands not subject to any existing right;
b. Public lands covered by existing mining rights which are not active mining ar-
eas; and
c. Private lands, subject to certain rights and conditions, except those with sub-
stantial improvements or in bona fide and regular use as a yard, stockyard, garden,
plant nursery, plantation, cemetery or burial site, or land situated within one hundred
meters (100 m.) from such cemetery or burial site, water reservoir or a separate parcel
of land with an area of ten thousand square meters (10,000 sq. m.) or less.
356
SEC. 7. Ancestral Lands.—No ancestral land may be declared as a people’s

small-scale mining area without the prior consent of the cultural communities con-
cerned: Provided, That, if ancestral lands are declared as people’s small-scale mining
areas, the members of the cultural communities therein shall be given priority in the
awarding of small-scale mining contracts.
SEC. 8. Registration of Small-Scale Miners.—All persons undertaking small-
scale mining activities shall register as miners with the Board and may organize them-
selves into cooperatives in order to qualify for the awarding of a people’s small-scale
mining contract.
SEC. 9. Award of People’s Small-Scale Mining Contracts.—A people’s small-
scale mining contract may be awarded by the Board to small-scale miners who have
voluntarily organized and have duly registered with the appropriate government agency
as an individual miner or cooperative; Provided, That only one (1) people’s small-scale
mining contract may be awarded at any one time to a small-scale mining contractor
who shall start mining operations within one (1) year from the date of award: Provided,
further, That priority shall be given to small-scale miners residing in the province or
city where the small-scale mining area is located.
Applications for a contract shall be subject to a reasonable fee to be paid to the De-
partment of Environment and Natural Resources regional office having jurisdiction over
the area.
SEC. 10. Extent of Contract Area.—The Board shall determine the reasonable
size and shape of the contract area following the meridional block system established
under Presidential Decree No. 463, as amended, otherwise known as the Mineral Re-
sources Development Decree of 1974, but in no case shall the area exceed twenty hec-
tares (20 has.) per contractor and the depth or length of the tunnel or adit not exceeding
that recommended by the Director taking into account the following circumstances:
a. Size of membership and capitalization of the cooperative;
b. Size of mineralized area;
c. Quantity of mineral deposits;
d. Safety of miners;
e. Environmental impact and other considerations; and
f. Other related circumstances.
SEC. 11. Easement Rights.—Upon the declaration of a people’s small-scale min-
ing area, the Director, in consultation with the operator, claim-owner, landowner or
lessor of an affected area, shall determine the right of the small-scale miners to existing
facilities such as mining and logging roads, private roads, port and communication
facilities, processing plants which are necessary for the effective implementation of the
People’s Small-Scale Mining Program, subject to payment of reasonable fees to the
operator, claim-owner, landowner or lessor.
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SEC. 12. Rights Under a People’s Small-Scale Mining Contract.—A people’s

small-scale mining contract entitles the small-scale mining contractor to the right to
mine, extract and dispose of mineral ores for commercial purposes. In no case shall a
small-scale mining contract be sub-contracted, assigned or otherwise transferred.
SEC. 13. Terms and Conditions of the Contract.—A contract shall have a term of
two (2) years, renewable, subject to verification by the Board, for like periods as long as
the contractor complies with the provisions set forth in this Act, and confers upon the
contractor the right to mine within the contract area: Provided, That the holder of a
small-scale mining contract shall
have the following duties and
obligations:
a. Undertake mining ac-
tivities only in accordance with a
mining plan duly approved by
the Board;
b. Abide by the Mines and
Geosciences Bureau and the
Small-Scale Mining Safety Rules
and Regulations;
c. Comply with his obliga-
tions to the holder of an existing
mining right;
d. Pay all taxes, royalties
or government production share
as are now or may hereafter be
provided by law;
e. Comply with pertinent “I’ve met miners who hate talking about mining be-
rules and regulations on envi- cause it is so dangerous and hard and they don’t want
ronmental protection and con- their wives to know.” — Martin C. Smith
servation, particularly those on (Y. Lee)
tree-cutting, mineral-processing
and pollution control;
f. File under oath at the end of each month a detailed production and financial
report to the Board; and
g. Assume responsibility for the safety of persons working in the mines.
SEC. 14. Rights of Claim-owners.—In case a site declared and set aside as a peo-
ple’s small-scale mining area is covered by an existing mining right, the claim-owner
and the small-scale miners therein are encouraged to enter into a voluntary and accept-
able contractual agreement with respect to the small-scale utilization of the mineral
358
values from the area under claim. In case of disagreement, the claim-owner shall be
entitled to the following rights and privileges:
a. Exemption from the performance of annual work obligations and payment of
occupation fees, rental, and real property taxes;
b. Subject to the approval of the Board, free access to the contract area to conduct
metallurgical tests, explorations and other activities, provided such activities do not
unduly interfere with the operations of the small-scale miners; and
c. Royalty equivalent to one and one half percent (1 1/2%) of the gross value of the
metallic mineral output or one percent (1%) of the gross value of the nonmetallic mineral
output to be paid to the claim-owner: Provided, That such rights and privileges shall be
available only if he is not delinquent in the performance of his annual work obligations
and other requirements for the last two (2) years prior to the effectivity of this Act.
SEC. 15. Rights of Private Landowners.—The private landowner or lawful pos-
sessor shall be notified of any plan or petition to declare his land as a people’s small-
scale mining area. Said landowner may oppose such plan or petition in an appropriate
proceeding and hearing conducted before the Board.
If a private land is declared as a people’s small-scale mining area, the owner and
the small-scale mining contractors are encouraged to enter into a voluntary and accept-
able contractual agreement for the small-scale utilization of the mineral values from the
private land: Provided, That the owner shall in all cases be entitled to the payment of
actual damages which he may suffer as a result of such declaration: Provided, further,
That royalties paid to the owner shall in no case exceed one percent (1%) of the gross
value of the minerals recovered as royalty.
SEC. 16. Ownership of Mill Tailings.—The small-scale mining contractor shall
be the owner of all mill tailings produced from the contract area. He may sell the tail-
ings or have them processed in any custom mill in the area: Provided, That, if the
small-scale mining contractor decides to sell its mill tailings, the claim-owner shall have
a preemptive right to purchase said mill tailings at the prevailing market price.
SEC. 17. Sale of Gold.—All gold produced by small-scale miners in any mineral
area shall be sold to the Central Bank, or its duly authorized representatives, which
shall buy it at prices competitive with those prevailing in the world market regardless
of volume or weight.
The Central Bank shall establish as many buying stations in gold-rush areas to
fully service the requirements of the small-scale minerals thereat.
SEC. 18. Custom Mills.—The establishment and operation of safe and efficient
customs mills to process minerals or ore-bearing materials shall be limited to mineral
processing zones duly designated by the local government unit concerned upon recom-
mendation of the Board.
In mining areas where the private sector is unable to establish custom mills, the
Government shall construct such custom mills upon the recommendation of the Board
based on the viability of the project.
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The Board shall issue licenses for the operation of custom mills and other process-
ing plants subject to pollution control and safety standards.
The Department shall establish assay laboratories to cross-check the integrity of
custom mills and to render metallurgical and laboratory services to mines.
Custom mills shall be constituted as withholding agents for the royalties, produc-
tion share or other taxes due the government.
SEC. 19. Government Share and Allotment.—The revenue to be derived by the
government from the operation of the mining program herein established shall be sub-
ject to the sharing provided in the Local Government Code.
SEC. 20. People’s Small-Scale Mining Protection Fund.—There is hereby cre-
ated a People’s Small-Scale Mining Protection Fund which shall be fifteen percent (15%)
of the national government‘s share due the government which shall be used primarily
for information dissemination and training of small-scale miners on safety, health and
environmental protection, and the establishment of mine rescue and recovery teams
including the procurement of rescue equipment necessary in cases of emergencies such
as landslides, tunnel collapse, or the like.
The fund shall also be made available to address the needs of the small-scale min-
ers brought about by accidents and/or fortuitous events.
SEC. 21. Rescission of Contracts and Administrative Fines.—The noncompliance
with the terms and conditions of the contract or violation of the rules and regulations
issued by the Secretary pursuant to this Act, as well as the abandonment of the mining
site by the contractor, shall constitute a ground for the cancellation of the contracts and
the ejectment from the people’s small-scale mining area of the contractor. In addition,
the Secretary may impose fines against the violator in an amount of not less than
twenty thousand pesos (P20,000.00) and not more than one hundred thousand pesos
(P100,000.00). Non-payment of the fine imposed shall render the small-scale mining
contractor ineligible for other small-scale mining contracts.
SEC. 22. Reversion of People’s Small-Scale Mining Areas.—The Secretary, upon
recommendation of the Director, shall withdraw the status of the people’s small-scale
mining area when it can no longer feasibly operate on a small-scale mining basis or
when the safety, health, and environmental conditions warrant that the same shall
revert to the State for proper disposition.
SEC. 23. Actual Occupation by Small-Scale Miners.—Small-scale miners who
have been in actual operation of mineral lands on or before August 1, 1987 as deter-
mined by the Board shall not be dispossessed, ejected or removed from said areas: Pro-
vided, That they comply with the provisions of this Act.
SEC. 24. Provincial/City Mining Regulatory Board.—There is hereby created
under the direct supervision and control of the Secretary a provincial/city mining regu-
latory board, herein called the Board, which shall be the implementing agency of the
360
Department, and shall exercise the following powers and functions, subject to review by
the Secretary:
a. Declare and segregate existing gold-rush areas for small-scale mining;
b. Reserve future gold and other mining areas for small-scale mining;
c. Award contracts to small-scale miners;
d. Formulate and implement rules and regulations related to small-scale mining;
e. Settle disputes, conflicts or litigations over conflicting claims within a people’s
small-scale mining area, an area that is declared a small-mining area; and
f. Perform such other functions as may be necessary to achieve the goals and ob-
jectives of this Act.
SEC. 25. Composition of the Provincial/City Mining Regulatory Board.—The
Board shall be composed of the Department of Environment and Natural Resources
representative as Chairman; and the representative of the governor or city mayor, as
the case may be, one (1) small-scale mining representative, one (1) big-scale mining
representative, and the representative from a non-government organization who shall
come from an environmental group, as members.
The representatives from the private sector shall be nominated by their respective
organizations and appointed by the Department regional director. The Department
shall provide the staff support to the Board.
SEC. 26. Administrative Supervision over the People’s Small-Scale Mining Pro-
gram.—The Secretary through his representative shall exercise direct supervision and
control over the program and activities of the small-scale miners within the people’s
small-scale mining area.
The Secretary shall within ninety (90) days from the effectivity of this Act promul-
gate rules and regulations to effectively implement the provisions of the same. Priority
shall be given to such rules and regulations that will ensure the least disruption in the
operations of the small-scale miners.
SEC. 27. Penal Sanctions.—Violations of the provisions of this Act or of the
rules and regulations issued pursuant hereto shall be penalized with imprisonment of
not less than six (6) months nor more than six (6) years and shall include the confisca-
tion and seizure of equipment, tools and instruments.
SEC. 28. Repealing Clause.—All laws, decrees, letters of instruction, executive
orders, rules and regulations, and other issuances, or parts thereof, in conflict or incon-
sistent with this Act are hereby repealed or modified accordingly.
SEC. 29. Separability Clause.—Any section or provision of this Act which may
be declared unconstitutional shall not affect the other sections or provisions hereof.
SEC. 30. Effectivity.—This Act shall take effect fifteen (15) days after its publi-
cation in the Official Gazette or in a national newspaper of general circulation.
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Philippine Mining Act (Republic Act 7942)
Chapter I
Introductory Provisions
SECTION 1. Title.—This Act shall be known as the “Philippine Mining Act of

1995.”
SEC. 2. Declaration of Policy.—All mineral resources in public and private lands
within the territory and exclusive economic zone of the Republic of the Philippines are
owned by the State. It shall be the responsibility of the State to promote their rational
exploration, development, utilization and conservation through the combined efforts of
government and the private sector in order to enhance national growth in a way that
effectively safeguards the environment and protect the rights of affected communities.
“What we call Man’s power over Nature turns out to be a power exercised by some men over
other men with Nature as its instrument.” — C.S. Lewis
(G. Tapan)
SEC. 3. Definition of Terms.—As used in and for purposes of this Act, the follow-
ing terms, whether in singular or plural, shall mean:
a. Ancestral lands refers to all lands exclusively and actually possessed, occupied,
or utilized by indigenous cultural communities by themselves or through their ancestors
in accordance with their customs and traditions since time immemorial, and as may be
defined and delineated by law.
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PHILIPPINE MINING ACT
b. Block or meridional block means an area bounded by one-half minute of lati-

tude and one-half minute of longitude, containing approximately eighty-one hectares
(81 has.).
c. Bureau means the Mines and Geosciences Bureau under the Department of
Environment and Natural Resources.
d. Carrying capacity refers to the capacity of natural and human environments to
accommodate and absorb change without experiencing conditions of instability and
attendant degradation.
e. Contiguous zone refers to water, sea bottom, and substratum measured
twenty-four nautical miles (24 n.m.) seaward from the base line of the Philippine archi-
pelago.
f. Contract area means land or body of water delineated for purposes of explora-
tion, development, or utilization of the minerals found therein.
g. Contractor means a qualified person acting alone or in consortium who is a
party to a mineral agreement or to a financial or technical assistance agreement.
h. Co-production agreement (CA) means an agreement entered into between the
government and one or more contractors in accordance with Section 26 (b) hereof.
i. Department means the Department of Environment and Natural Resources.
j. Development means the work undertaken to explore and prepare an ore body
or a mineral deposit for mining, including the construction of necessary infrastructure
and related facilities.
k. Director means the Director of the Mines and Geosciences Bureau.
l. Ecological profile or eco-profile refers to geographic-based instruments for
planners and decision-makers which presents an evaluation of the environmental qual-
ity and carrying capacity of an area.
m. Environmental Compliance Certificate (ECC) refers to the document issued by
the government agency concerned certifying that the project under consideration will
not bring about an unacceptable environmental impact and that the proponent has
complied with the requirements of the environmental impact statement system.
n. Environmental Impact Statement (EIS) is the document which aims to iden-
tify, predict, interpret, and communicate information regarding changes in environ-
mental quality associated with a proposed project and which examines the range of
alternatives for the objectives of the proposal and their impact on the environment.
o. Exclusive economic zone means the water, sea bottom and subsurface meas-
ured from the baseline of the Philippine archipelago up to two hundred nautical miles
(200 n.m.) offshore.
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p. Existing mining/quarrying right means a valid and subsisting mining claim or

permit or quarry permit or any mining lease contract or agreement covering a mineral-
ized area granted/issued under pertinent mining laws.
q. Exploration means the searching or prospecting for mineral resources by geo-
logical, geochemical or geophysical surveys, remote sensing, test pitting, trending, drill-
ing, shaft sinking, tunneling, or any other means for the purpose of determining the
existence, extent, quantity and quality thereof and the feasibility of mining them for
profit.
r. Financial or technical assistance agreement means a contract involving finan-
cial or technical assistance for large-scale exploration, development, and utilization of
mineral resources.
s. Force majeure means acts or circumstances beyond the reasonable control of
the contractor including, but not limited to, war, rebellion, insurrection, riots, civil dis-
turbance, blockade, sabotage, embargo, strike, lockout, any dispute with surface owners
and other labor disputes, epidemic, earthquake, storm, flood or other adverse weather
conditions, explosion, fire, adverse action by government or by any instrumentality or
subdivision thereof, act of God or any public enemy and any cause herein described over
which the affected party has no reasonable control.
t. Foreign-owned corporation means any corporation, partnership, association, or
cooperative duly registered in accordance with law in which less than fifty percent
(50%) of the capital is owned by Filipino citizens.
u. Government means the government of the Republic of the Philippines.
v. Gross output means the actual market value of minerals or mineral products
from its mining area as defined in the National Internal Revenue Code.
w. Indigenous cultural community means a group or tribe of indigenous Filipinos
who have continuously lived as communities on communally-bounded and defined land
since time immemorial and have succeeded in preserving, maintaining, and sharing
common bonds of languages, customs, traditions, and other distinctive cultural traits,
and as may be defined and delineated by law.
x. Joint Venture Agreement (JVA) means an agreement entered into between the
government and one or more contractors in accordance with Section 26 (c) hereof.
y. Mineral processing means the milling, beneficiation or upgrading of ores or
minerals and rocks or by similar means to convert the same into marketable products.
z. Mine wastes and tailings shall mean soil and rock materials from surface or
underground mining and milling operations with no economic value to the generator of
the same.
aa. Minerals refers to all naturally occurring inorganic substance in solid, gas,
liquid, or any intermediate state excluding energy materials such as coal, petroleum,
natural gas, radioactive materials, and geothermal energy.
364
ab. Mineral agreement means a contract between the government and a contrac-
tor, involving mineral production-sharing agreement, co-production agreement, or joint-
venture agreement.
ac. Mineral land means any area where mineral resources are found.
ad. Mineral resource means any concentration of minerals/rocks with potential
economic value.
ae. Mining area means a portion of the contract area identified by the contractor
for purposes of development, mining, utilization, and its sites for support facilities or in
the immediate vicinity of the mining operations.
af. Mining operation means mining activities involving exploration, feasibility,
development, utilization, and processing.
ag. Non Governmental Organization (NGO) includes non-stock, non-profit organi-
zations involved in activities dealing with resource and environmental conservation,
management and protection.
“Everything in nature contains all the power of nature. Everything is made of one
hidden stuff.” — Ralph Waldo Emerson
(G. Tapan)
ah. Net assets refers to the property, plant and equipment as reflected in the au-
dited financial statement of the contractor net of depreciation, as computed for tax pur-
poses, excluding appraisal increase and construction in progress.
ai. Offshore means the water, sea bottom, and subsurface from the shore or
coastline reckoned from the mean low tide level up to the two hundred nautical miles
(200 n.m.) exclusive economic zone including the archipelagic sea and contiguous zone.
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aj. Onshore means the landward side from the mean tide elevation, including
submerged lands in lakes, rivers and creeks.
ak. Ore means a naturally occurring substance or material from which a mineral
or element can be mined and/or processed for profit.
al. Permittee means the holder of an exploration permit.
am. Pollution control and infrastructure devices refers to infrastructure, machin-
ery, equipment and/or improvements used for impounding, treating or neutralizing,
precipitating, filtering, conveying and cleansing mine industrial waste and tailings as
well as eliminating or reducing hazardous effects of solid particles, chemicals, liquids or
other harmful byproducts and gases emitted from any facility utilized in mining opera-
tions for their disposal.
an. President means the President of the Republic of the Philippines.
ao. Private land refers to any land belonging to any private person which in-
cludes alienable and disposable land being claimed by a holder, claimant, or occupant
who has already acquired a vested right thereto under the law, although the corre-
sponding certificate or evidence of title or patent has not been actually issued.
ap. Public land refers to lands of the public domain which have been classified as
agricultural lands and subject to management and disposition or concession under ex-
isting laws.
aq. Qualified person means any citizen of the Philippines with capacity to con-
tract, or a corporation, partnership, association, or cooperative organized or authorized
for the purpose of engaging in mining, with technical and financial capability to under-
take mineral resources development and duly registered in accordance with law at least
sixty percent (60%) of the capital of which is owned by citizens of the Philippines: Pro-
vided, That a legally organized foreign-owned corporation shall be deemed a qualified
person for purposes of granting an exploration permit, financial or technical assistance
agreement or mineral processing permit.
ar. Quarrying means the process of extracting, removing and disposing quarry
resources found on or underneath the surface of private or public land.
as. Quarry permit means a document granted to a qualified person for the ex-
traction and utilization of quarry resources on public or private lands.
af. Quarry resources refers to any common rock or other mineral substances as
the Director of Mines and Geosciences Bureau may declare to be quarry resources such
as, but not limited to, andesite, basalt, conglomerate, coral sand, diatomaceous earth,
diorite, decorative stones, gabbro, granite, limestone, marble, marl, red burning clays
for potteries and bricks, rhyolite, rock phosphate, sandstone, serpentine, shale, tuff,
volcanic cinders, and volcanic glass: Provided, That such quarry resources do not con-
tain metals or metallic constituents and/or other valuable minerals in economically
workable quantities: Provided, further, That non-metallic minerals such as kaolin,
feldspar, bull quartz, quartz or silica, sand and pebbles, bentonite, talc, asbestos, barite,
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gypsum, bauxite, magnesite, dolomite, mica, precious and semi-precious stones, and
other nonmetallic minerals that may later be discovered and which the Director de-
clares the same to be of economically workable quantities, shall not be classified under
the category of quarry resources.
au. Regional director means the regional director of any mines regional office un-
der the Department of Environment and Natural Resources.
av. Regional office means any of the mines regional offices of the Department of
Environment and Natural Resources.
aw. Secretary means the Secretary of the Department of Environment and Natu-
ral Resources.
ax. Special allowance refers to payment to the claim-owners or surface right own-
ers particularly during the transition period from Presidential Decree No. 463 and Ex-
ecutive Order No. 279, series of 1987.
ay. State means the Republic of the Philippines.
az. Utilization means the extraction or disposition of minerals.
Chapter II
Government Management
SEC. 4. Ownership of Mineral Resources.—Mineral resources are owned by the

State and the exploration, development, utilization, and processing thereof shall be
under its full control and supervision. The State may directly undertake such activities
or it may enter into mineral agreements with contractors.
The State shall recognize and protect the rights of the indigenous cultural com-
munities to their ancestral lands as provided for by the Constitution.
SEC. 5. Mineral Reservations.—When the national interest so requires, such as
when there is a need to preserve strategic raw materials for industries critical to na-
tional development, or certain minerals for scientific, cultural or ecological value, the
President may establish mineral reservations upon the recommendation of the Director
through the Secretary. Mining operations in existing mineral reservations and such
other reservations as may thereafter be established, shall be undertaken by the De-
partment or through a contractor: Provided, That a small-scale mining cooperative
covered by Republic Act No. 7076 shall be given preferential right to apply for a small-
scale mining agreement for a maximum aggregate area of twenty-five percent (25%) of
such mineral reservation, subject to valid existing mining/quarrying rights as provided
under Section 112, Chapter XX hereof. All submerged lands within the contiguous zone
and in the exclusive economic zone of the Philippines are hereby declared to be mineral
reservations.
A ten percent (10%) share of all royalties and revenues to be derived by the gov-
ernment from the development and utilization of the mineral resources within reserva-
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tions as provided under this Act shall accrue to the Mines and Geosciences Bureau to be
allotted for special projects and other administrative expenses related to the exploration
and development of other mineral reservations mentioned in Section 6 hereof.
SEC. 6. Other Reservations.—Mining operations in reserved lands other than
mineral reservations may be undertaken by the Department, subject to limitations as
herein provided. In the event that the Department cannot undertake such activities,
they may be undertaken by a qualified person in accordance with the rules and regula-
tions promulgated by the Secretary. The right to develop and utilize the minerals found
therein shall be awarded by the President under such terms and conditions as recom-
mended by the Director and approved by the Secretary: Provided, That the party who
undertook the exploration of said reservation shall be given priority. The mineral land
so awarded shall be automatically excluded from the reservation during the agreement:
Provided, further, That the right of the lessee of a valid mining contract existing within
the reservation at the time of its establishment shall not be prejudiced or impaired.
SEC. 7. Periodic Review of Existing Mineral Reservations.—The Secretary shall
periodically review existing mineral reservations for the purpose of determining
whether their continued existence is consistent with the national interest, and upon his
recommendation, the President may, by proclamation, alter or modify the boundaries
thereof or revert the same to the public domain without prejudice to prior existing
rights.
SEC. 8. Authority of the Department.—The Department shall be the primary
government agency responsible for the conservation, management, development, and
proper use of the State’s mineral resources including those in reservations, watershed
areas, and lands of the public domain. The Secretary shall have the authority to enter
into mineral agreements on behalf of the government upon the recommendation of the
Director, [and] promulgate such rules and regulations as may be necessary to imple-
ment the intent and provisions of this Act.
SEC. 9. Authority of the Bureau.—The Bureau shall have direct charge in the
administration and disposition of mineral lands and mineral resources and shall under-
take geological, mining, metallurgical, chemical, and other researches as well as geo-
logical and mineral exploration surveys. The Director shall recommend to the Secretary
the granting of mineral agreements to duly qualified persons and shall monitor the
compliance by the contractor of the terms and conditions of the mineral agreements.
The Bureau may confiscate surety, performance and guaranty bonds posted through an
order to be promulgated by the Director. The Director may deputize, when necessary,
any member or unit of the Philippine National Police, barangay, duly registered non-
governmental organization (NGO) or any qualified person to police all mining activities.
SEC. 10. Regional Offices.—There shall be as many regional offices in the coun-
try as may be established by the Secretary, upon the recommendation of the Director.
SEC. 11. Processing of Applications.—The system of processing applications for
mining rights shall be prescribed in the rules and regulations of this Act.
368
SEC. 12. Survey, Charting and Delineation of Mining Areas.—A sketch plan or
map of the contract or mining area prepared by a deputized geodetic engineer suitable
for publications purposes shall be required during the filing of a mineral agreement or
financial or technical assistance agreement application. Thereafter, the contract or
mining area shall be surveyed and monumented by a deputized geodetic engineer and
the survey plan shall be approved by the Director before the approval of the mining
feasibility.
SEC. 13. Meridional Blocks.—For purposes of the delineation of the contract or
mining areas under this Act, the Philippine territory and its exclusive economic zone
shall be divided into meridional blocks of one-half minute of latitude and one-half min-
ute of longitude.
SEC. 14. Recording System.—There shall be established a national and regional
filing and recording system. A mineral resource database system shall be set up in the
Bureau which shall include, among others, a mineral rights management system. The
Bureau shall publish at least annually, a mineral gazette of nationwide circulation
containing among others, a current list of mineral rights, their location in the map,
mining rules and regulations, other official acts affecting mining, and other information
relevant to mineral resources development. A system and publication fund shall be
included in the regular budget of the Bureau.
Chapter III
Scope of Application
SEC. 15. Scope of Application.—This Act shall govern the exploration, develop-
ment, utilization and processing of all mineral resources.
SEC. 16. Opening of Ancestral Lands for Mining Operations.—No ancestral land
shall be opened for mining operations without the prior consent of the indigenous cul-
tural community concerned.
SEC. 17. Royalty Payments for Indigenous Cultural Communities.—In the event
of an agreement with an indigenous cultural community pursuant to the preceding
section, the royalty payment, upon utilization of the minerals shall be agreed upon by
the parties. The said royalty shall form part of a trust fund for the socio-economic well-
being of the indigenous cultural community.
SEC. 18. Areas Open to Mining Operations.— Subject to any existing rights or
reservations and prior agreements of all parties, all mineral resources in public or pri-
vate lands, including timber or forestlands as defined in existing laws, shall be open to
mineral agreements or financial or technical assistance agreement applications. Any
conflict that may arise under this provision shall be heard and resolved by the panel of
arbitrators.
SEC. 19. Areas Closed to Mining Applications.—Mineral agreement or financial
or technical assistance agreement applications shall not be allowed:
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a. In military and other government reservations, except upon prior written

clearance by the government agency concerned;
b. Near or under public or private buildings, cemeteries, archeological and his-
toric sites, bridges, highways, waterways, railroads, reservoirs, dams or other infra-
structure projects, public or private works including plantations or valuable crops, ex-
cept upon written consent of the government agency or private entity concerned;
c. In areas covered by valid and existing mining rights;
d. In areas expressly prohibited by law;
e. In areas covered by small-scale miners as defined by law unless with prior
consent of the small-scale miners, in which case a royalty payment upon the utilization
of minerals shall be agreed upon by the parties, said royalty forming a trust fund for the
socioeconomic development of the community concerned; and
f. Old growth or virgin forests, proclaimed watershed forest reserves, wilderness
areas, mangrove forests, mossy forests, national parks, provincial/municipal forests,
parks, greenbelts, game re-
fuge and bird sanctuaries as “Today the network of relationships linking the human
defined by law and in areas race to itself and to the rest of the biosphere is so complex
expressly prohibited under that all aspects affect all others to an extraordinary degree.
the National Integrated Pro- Someone should be studying the whole system, however,
tected Areas System (NIPAS) crudely that has to be done, because no gluing together of
under Republic Act No. 7586, partial studies of a complex nonlinear system can give a
good idea of the behavior of the whole.”—Murray Gel-
Department Administrative
Mann
Order No. 25, series of 1992
and other laws.
Chapter IV
Exploration Permit
SEC. 20. Exploration Permit.—An exploration permit grants the right to con-
duct exploration for all minerals in specified areas. The Bureau shall have the authority
to grant an exploration permit to a qualified person.
SEC. 21. Terms and Conditions of the Exploration Permit.—An exploration per-
mit shall be for a period of two (2) years, subject to annual review and relinquishment
or renewal upon the recommendation of the Director.
SEC. 22. Maximum Areas for Exploration Permit.—The maximum area that a
qualified person may hold at any one time shall be:
a. Onshore, in any one province—
1. For individuals, twenty (20) blocks; and
2. For partnerships, corporations, cooperatives, or associations, two hun-
dred (200) blocks.
370
b. Onshore, in the entire Philippines—

1. For individuals, forty (40) blocks; and
2. For partnerships, corporations, cooperatives, or associations, four hun-
dred (400) blocks.
c. Offshore, beyond five hundred (500) m from the mean low tide level
1. For individuals, one hundred (100) blocks; and
2. For partnerships, corporations, cooperatives, or associations, one thou-
sand (1,000) blocks.
SEC. 23. Rights and Obligations of the Permittee.—An exploration permit shall
grant to the permittee, his heirs or successors-in-interest, the right to enter, occupy and
explore the area: Provided, That if private or other parties are affected, the permittee
shall first discuss with the said parties the extent, necessity, and manner of his entry,
occupation and exploration and in case of disagreement, a panel of arbitrators shall
resolve the conflict or disagreement.
The permittee shall undertake an exploration work on the area as specified by its
permit based on an approved work program.
Any expenditure in excess of the yearly budget of the approved work program may
be carried forward and credited to the succeeding years covering the duration of the
permit. The Secretary, through the Director, shall promulgate rules and regulations
governing the terms and conditions of the permit.
The permittee may apply for a mineral production sharing agreement, joint ven-
ture agreement, co-production agreement or financial or technical assistance agreement
over the permit area, which application shall be granted if the permittee meets the
necessary qualifications and the terms and conditions of any such agreement: Provided,
That the exploration period covered by the exploration permit shall be included as part
of the exploration period of the mineral agreement or financial or technical assistance
agreement.
SEC. 24. Declaration of Mining Project Feasibility.—A holder of an exploration
permit who determines the commercial viability of a project covering a mining area
may, within the term of the permit, file with the Bureau a declaration of mining project
feasibility accompanied by a work program for development. The approval of the mining
project feasibility and compliance with other requirements provided in this Act shall
entitle the holder to an exclusive right to a mineral production sharing agreement or
other mineral agreements or financial or technical assistance agreement.
SEC. 25. Transfer or Assignment.—An exploration permit may be transferred or
assigned to a qualified person subject to the approval of the Secretary upon the recom-
mendation of the Director.
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Chapter V
Mineral Agreements
SEC. 26. Modes of Mineral Agreement.—For purposes of mining operations, a

mineral agreement may take the following forms as herein defined:
a. Mineral production sharing agreement — is an agreement where the govern-
ment grants to the contractor the exclusive right to conduct mining operations within a
contract area and shares in the gross output. The contractor shall provide the financing,
technology, management and personnel necessary for the implementation of this agree-
ment.
b. Co-production agreement — is an agreement between the government and the
contractor wherein the government shall provide inputs to the mining operations other
than the mineral resource.
c. Joint venture agreement — is an agreement where a joint-venture company is
organized by the government and the contractor with both parties having equity shares.
Aside from earnings in equity, the government shall be entitled to a share in the gross
output.
A mineral agreement shall grant to the contractor the exclusive right to conduct
mining operations and to extract all mineral resources found in the contract area. In
addition, the contractor may be allowed to convert his agreement into any of the modes
of mineral agreements or financial or technical assistance agreement covering the re-
maining period of the original agreement subject to the approval of the Secretary.
SEC. 27. Eligibility.—A qualified person may enter into any of the three (3)
modes of mineral agreement with the government for the exploration, development and
utilization of mineral resources: Provided, That in case the applicant has been in the
mining industry for any length of time, he should possess a satisfactory environmental
track record as determined by the Mines and Geo-sciences Bureau and in consultation
with the Environmental Management Bureau of the Department.
SEC. 28. Maximum Areas for Mineral Agreement.—The maximum area that a
qualified person may hold at any time under a mineral agreement shall be:
a. Onshore, in any one province—
1. For individuals, ten (10) blocks; and
2. For partnerships, cooperatives, associations, or corporations, one hundred
(100) blocks.
b. Onshore, in the entire Philippines—
1. For individuals, twenty (20) blocks; and
2. For partnership, cooperatives, associations, associations, or corporations,
two hundred (200) blocks.
372
c. Offshore, in the entire Philippines—

1. Individuals, fifty (50) blocks;
2. For partnerships, cooperatives, associations, or corporations, five hun-
dred (500) blocks; and
d. For the exclusive economic zone, a larger area to be determined by the Secre-
tary.
The maximum areas mentioned above that a contractor may hold under a mineral
agreement shall not include mining/quarry area under operating agreements between
the contractor and a claim-owner/lessee/permittee/licensee entered into under Presiden-
84
tial Decree No. 463.
SEC. 29. Filing and Approval of Mineral Agreements.—All proposed mineral
agreements shall be filed in the region where the areas of interest are located, except in
mineral reservations which shall be filed with the Bureau.
The filing of a proposal for a mineral agreement shall give the proponent the prior
right to areas covered by the same. The proposed mineral agreement will be approved
by the Secretary and copies thereof shall be submitted to the President. Thereafter, the
President shall provide a list to Congress of every approved mineral agreement thirty
(30) days from its approval by the Secretary.
SEC. 30. Assignment/Transfer.—Any assignment or transfer of rights and obli-
gations under any mineral agreement except a financial or technical assistance agree-
ment shall be subject to the prior approval of the Secretary. Such assignment or trans-
fer shall be deemed automatically approved if not acted upon by the Secretary within
thirty (30) working days from official receipt thereof, unless patently unconstitutional
or illegal.
SEC. 31. Withdrawal from Mineral agreements.—The contractor may, by giving
due notice at any time during the term of the agreement, apply for the cancellation of
the mineral agreement due to causes which, in the opinion of the contractor, make con-
tinued mining operations no longer feasible or viable. The Secretary shall consider the
notice and issue its decision within a period of thirty (30) days: Provided, That the con-
tractor has met all its financial, fiscal and legal obligations.
SEC. 32. Terms.—Mineral agreements shall have a term not exceeding twenty-
five (25) years to start from the date of execution thereof, and renewable for another
term not exceeding twenty-five (25) years under the same terms and conditions thereof,
without prejudice to changes mutually agreed upon by the parties. After the renewal
period, the operation of the mine may be undertaken by the government or through a
contractor. The contract for the operation of a mine shall be awarded to the highest
bidder in a public bidding after due publication of the notice thereof: Provided, That the
contractor shall have the right to equal the highest bid upon reimbursement of all rea-
sonable expenses of the highest bidder.
_______________________
84
Mineral Resources Development Decree of 1976.
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Chapter VI
Financial or Technical Assistance Agreement
SEC. 33. Eligibility.—Any qualified person with technical and financial capabil-
ity to undertake large-scale exploration, development, and utilization of mineral re-
sources in the Philippines may enter into a financial or technical assistance agreement
directly with the government through the Department.
SEC. 34. Maximum Contract
Area.—The maximum contract area
that may be granted per qualified
person, subject to relinquishment
shall be:
a. 1,000 meridional blocks on-
shore;
b. 4,000 meridional blocks off-
shore; or
c. Combinations of (a) and (b)
provided that it shall not exceed the
maximum limits for onshore and off-
shore areas.
SEC. 35. Terms and Condi-
tions.—The following terms, con-
ditions, and warranties shall be
incorporated in the financial or tech-
nical assistance agreement, to wit:
a. A firm commitment in the
form of a sworn statement, of an
amount corresponding to the expen-
diture obligation that will be inves-
ted in the contract area: Provided,
That such amount shall be subject to
changes as may be provided for in
“All that is necessary for evil to triumph is for good
the rules and regulations of this Act;
men to do nothing.” — Edmund Burke
(G. Tapan) b. A financial guarantee bond
shall be posted in favor of the govern-
ment in an amount equivalent to the expenditure obligation of the applicant for any year;
c. Submission of proof of technical competence, such as, but not limited to, its
track record in mineral resource exploration, development, and utilization; details of
technology to be employed in the proposed operation; and details of technical personnel
to undertake the operation;
374
d. Representations and warranties that the applicant has all the qualifications
and none of the disqualifications for entering into the agreement;
e. Representations and warranties that the contractor has, or has access to all
the financing, managerial and technical expertise and, if circumstances demand, the
technology required to promptly and effectively carry out the objectives of the agree-
ment with the understanding to timely deploy these resources under its supervision
pursuant to the periodic work programs and related budgets, when proper, providing an
exploration period up to two (2) years, extendible for another two (2) years but subject
to annual review by the Secretary in accordance with the implementing rules and regu-
lations of this Act, and further, subject to the relinquishment obligations;
f. Representations and warranties that, except for payments for dispositions for
its equity, foreign investments in local enterprises which are qualified for repatriation,
and local supplier’s credits and such other generally accepted and permissible financial
schemes for raising funds for valid business purposes, the contractor shall not raise any
form of financing from domestic sources of funds, whether in Philippine or foreign cur-
rency, for conducting its mining operations for and in the contract area;
g. The mining operations shall be conducted in accordance with the provisions of
this Act and its implementing rules and regulations;
h. Work programs and minimum expenditures commitments;
i. Preferential use of local goods and services to the maximum extent practicable;
j. A stipulation that the contractors are obliged to give preference to Filipinos in
all types of mining employment for which they are qualified and that technology shall
be transferred to the same;
k. Requiring the proponent to effectively use appropriate anti-pollution technol-
ogy and facilities to protect the environment and to restore or rehabilitate mined out
areas and other areas affected by mine tailing and other forms of pollution or destruc-
tion;
l. The contractors shall furnish the government records of geologic, accounting,
and other relevant data for its mining operations, and that book of accounts and records
shall be open for inspection by the government;
m. Requiring the proponent to dispose of the minerals and byproducts produced
under a financial or technical assistance agreement at the highest price and more ad-
vantageous terms and conditions as provided for under the rules and regulations of this
Act;
n. Provide for consultation and arbitration with respect to the interpretation and
implementation of the terms and conditions of the agreements; and
o. Such other terms and conditions consistent with the Constitution and with
this Act as the Secretary may deem to be for the best interest of the State and the wel-
fare of the Filipino people.
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SEC. 36. Negotiations.—A financial or technical assistance agreement shall be

negotiated by the Department and executed and approved by the President. The Presi-
dent shall notify Congress of all financial or technical assistance agreements within
thirty (30) days from execution and approval thereof.
SEC. 37. Filing and Evaluation of Financial or Technical Assistance Agreement
Proposals.—All financial or technical assistance agreement proposals shall be filed with
the Bureau after payment of the required processing fees. If the proposal is found to be
sufficient and meritorious in form and substance after evaluation, it shall be recorded
with the appropriate government agency to give the proponent the prior right to the
area covered by such proposal: Provided, That existing mineral agreements, financial or
technical assistance agreements and other mining rights are not impaired or prejudiced
thereby. The Secretary shall recommend its approval to the President.
SEC. 38. Term of Financial or Technical Assistance Agreement.—A financial or
technical assistance agreement shall have a term not exceeding twenty-five (25) years
to start from the execution thereof, renewable for not more than twenty-five (25) years
under such terms and conditions as may be provided by law.
SEC. 39. Option to Convert into a Mineral Agreement.—The contractor has the
option to convert the financial or technical assistance agreement to a mineral agree-
ment at any time during the term of the agreement, if the economic viability of the
contract area is found to be inadequate to justify large-scale mining operations, after
proper notice to the Secretary as provided for under the implementing rules and regula-
tions: Provided, That the mineral agreement shall only be for the remaining period of
the original agreement.
In the case of a foreign contractor, it shall reduce its equity to forty percent (40%)
in the corporation, partnership, association, or cooperative. Upon compliance with this
requirement by the contractor, the Secretary shall approve the conversion and execute
the mineral production-sharing agreement.
SEC. 40. Assignment/Transfer.—A financial or technical assistance agreement
may be assigned or transferred, in whole or in part, to a qualified person subject to the
prior approval of the President: Provided, That the President shall notify Congress of
every financial or technical assistance agreement assigned or converted in accordance
with this provision within thirty (30) days from the sate of the approval thereof.
SEC. 41. Withdrawal from Financial or Technical Assistance Agreement.—The
contractor shall manifest in writing to the Secretary his intention to withdraw from the
agreement, if in his judgment the mining project is no longer economically feasible, even
after he has exerted reasonable diligence to remedy the cause or the situation. The
Secretary may accept the withdrawal: Provided, That the contractor has complied or
satisfied all his financial, fiscal or legal obligations.
376
Chapter VII
Small-Scale Mining
SEC. 42. Small-Scale Mining.—Small-scale mining shall continue to be gov-

85
erned by Republic Act No. 7076 and other pertinent laws.
Chapter VIII
Quarry Resources
SEC. 43. Quarry Permit.—Any qualified person may apply to the provincial/city
mining regulatory board for a quarry permit on privately-owned lands and/or public
lands for building and construction materials such as marble, basalt, andesite, con-
glomerate, tuff, adobe, granite, gabbro, serpentine, inset filling materials, clay for ce-
ramic tiles and building bricks, pumice, perlite and other similar materials that are
extracted by quarrying from the ground. The provincial governor shall grant the permit
after the applicant has complied with all the requirements as prescribed by the rules
and regulations.
The maximum area which a qualified person may hold at any one time shall be
five hectares (5 has.): Provided, That in large-scale quarry operations involving cement
raw materials, marble, granite, sand and gravel construction aggregates, a qualified
person and the government may enter into a mineral agreement as defined herein.
SEC. 44. Quarry Fee and Taxes.—A permittee shall, during the term of his per-
mit, pay a quarry fee as provided for under the implementing rules and regulations.
The permittee shall also pay the excise tax as provided by pertinent laws.
SEC. 45. Cancellation of Quarry Permit.—A quarry permit may be cancelled by
the provincial governor for violations of the provisions of this Act or its implementing
rules and regulations or the terms and conditions of said permit: Provided, That before
the cancellation of such permit, the holder thereof shall be given the opportunity to be
heard in an investigation conducted for the purpose.
SEC. 46. Commercial Sand and Gravel Permit.—Any qualified person may be
granted a permit by the provincial governor to extract and remove sand and gravel or
other loose or unconsolidated materials which are used in their natural state, without
undergoing processing from an area of not more than five hectares (5 has.) and in such
quantities as may be specified in the permit.
SEC. 47. Industrial Sand and Gravel Permit.—Any qualified person may be
granted an industrial sand and gravel permit by the Bureau for the extraction of sand
and gravel and other loose or unconsolidated materials that necessitate the use of me-
chanical processing covering an area of more than five hectares (5 has.) at any one time.
_______________________
85
People’s Small-Scale Mining Act.
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The permit shall have a term of five (5) years, renewable for a like period but not to
exceed a total term of twenty-five (25) years.
SEC. 48. Exclusive Sand and Gravel Permit.—Any qualified person may be
granted an exclusive sand and gravel permit by the provincial governor to quarry and
utilize sand and gravel or other loose or unconsolidated materials from public lands for
his own use, provided that there will be no commercial disposition thereof.
A mineral agreement or a financial technical assistance agreement contractor
shall, however, have the right to extract and remove sand and gravel and other loose
unconsolidated materials without need of a permit within the area covered by the min-
ing agreement for the exclusive use in the mining operations: Provided, That monthly
reports of the quantity of materials extracted therefrom shall be submitted to the mines
regional office concerned: Provided, further, That said right shall be co-terminous with
the expiration of the agreement.
Holders of existing mining leases shall likewise have the same rights as that of a
contractor: Provided, That said right shall be co-terminous with the expiry days of the
lease.
SEC. 49. Government Gratuitous Permit.—Any government entity or instrumen-
tality may be granted a gratuitous permit by the provincial governor to extract sand
and gravel, quarry or loose unconsolidated materials needed in the construction of
building and/or infrastructure for public use or other purposes over an area of not more
than two hectares (2 has.) for a period co-terminous with said construction.
SEC. 50. Private Gratuitous Permit.—Any owner of land may be granted a pri-
vate gratuitous permit by the provincial governor.
SEC. 51. Guano Permit.—Any qualified person may be granted a guano permit
by the provincial governor to extract and utilize loose unconsolidated guano and other
organic fertilizer materials in any portion of a municipality where he has established
domicile. The permit shall be for specific caves and/or for confined sites with locations
verified by the Department’s field officer in accordance with existing rules and regula-
tions.
SEC. 52. Gemstone Gathering Permit.—Any qualified person may be granted a
non-exclusive gemstone gathering permit by the provincial governor to gather loose
stones useful as gemstones in rivers and other locations.
Chapter IX
Transport, Sale, and Processing of Minerals
SEC. 53. Ore Transport Permit.—A permit specifying the origin and quantity of
non-processed mineral ores or minerals shall be required for their transport. Transport
permits shall be issued by the mines regional director who has jurisdiction over the area
where the ores were extracted. In the case of mineral ores or minerals being trans-
378
ported from the small-scale mining areas to the custom mills or processing plants, the
Provincial Mining Regulatory Board (PMRB) concerned shall formulate their own poli-
cies to govern such transport of ores produced by small-scale miners. The absence of a
permit shall be considered as prima facie evidence of illegal mining and shall be suffi-
cient cause for the government to confiscate the ores or minerals being transported, the
tools and equipment utilized, and the vehicle containing the same. Ore samples not
exceeding two metric tons (2 m.t.) to be used exclusively for assay or pilot test purposes
shall be exempted from such requirement.
SEC. 54. Mineral Trad- “Human subtlety will never devise an invention more
ing Registration.—No person beautiful, more simple or more direct than does Na-
shall engage in the trading of ture, because in her inventions, nothing is lacking and
mineral products, either locally nothing is superfluous.”—Leonardo da Vinci
or internationally, unless regis-
tered with the Department of Trade and Industry and accredited by the Department,
with a copy of said registration submitted to the Bureau.
SEC. 55. Minerals Processing Permit.—No person shall engage in the processing
of minerals without first securing a minerals processing permit from the Secretary.
Minerals processing permit shall be for a period of five (5) years renewable for like peri-
ods but not to exceed a total term of twenty-five (25) years. In the case of mineral ores
or minerals produced by the small-scale miners, the processing thereof as well as the
licensing of their custom mills, or processing plants shall continue to be governed by the
provisions of Republic Act No. 7076.
SEC. 56. Eligibility of Foreign-Owned/Controlled Corporations.—A foreign-
owned/controlled corporation may be granted a mineral processing permit.
Chapter X
Development of Mining Communities and Science and Mining Technology
SEC. 57. Expenditure for Community Development and Science and Mining
Technology.—A contractor shall assist in the development of its mining community, the
promotion of the general welfare of its inhabitants, and the development of science and
mining technology.
SEC. 58. Credited Activities.—Activities that may be credited as expenditures
for development of mining communities, and science and mining technology are the
following:
a. Any activity or expenditure intended to enhance the development of the min-
ing and neighboring communities of a mining operation other than those required or
provided for under existing laws, or collective bargaining agreements, and the like; and
b. Any activity or expenditure directed towards the development of geosciences
and mining technology such as, but not limited to, institutional and manpower devel-
opment, and basic and applied researches. Appropriate supervision and control mecha-
nisms shall be prescribed in the implementing rules and regulations of this Act.
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SEC. 59. Training and Development.—A contractor shall maintain an effective

program of manpower training and development throughout the term of the mineral
agreement and shall encourage and train Filipinos to participate in all aspects of the
mining operations, including the management thereof. For highly-technical and special-
ized mining operations, the contractor may, subject to the necessary government clear-
ance, employ qualified foreigners.
SEC. 60. Use of Indigenous Goods, Services, and Technologies.—A contractor
shall give preference to the use of local goods, services and scientific and technical re-
sources in the mining operations, where the same are of equivalent quality, and are
available on equivalent terms as their imported counterparts.
SEC. 61. Donations/Turnover of Facilities.—Prior to cessation of mining opera-
tions occasioned by abandonment or withdrawal of operations, on public lands by the
contractor, the latter shall have a period of one (1) year therefrom within which to re-
move his improvements; otherwise, all the social infrastructure and facilities shall be
turned over or donated tax-free to the proper government authorities, national or local,
to ensure that said infrastructure and facilities are continuously maintained and util-
ized by the host and neighboring communities.
SEC. 62. Employment of Filipinos.—A contractor shall give preference to Fili-
pino citizens in all types of mining employment within the country insofar as such citi-
zens are qualified to perform the corresponding work with reasonable efficiency and
without hazard to the safety of the operations. The contractor, however, shall not be
hindered from hiring employees of his own selection, subject to the provisions of Com-
86
monwealth Act No. 613, as amended, for technical and specialized work which, in his
judgment and with the approval of the Director, requires highly specialized training or
long experience in exploration, development or utilization of mineral resources: Pro-
vided, That in no case shall each employment exceed five (5) years or the payback pe-
riod as represented in original project study, whichever is longer: Provided, further,
That each foreigner employed as mine manager, vice-president for operations or in an
equivalent managerial position in charge of mining, milling, quarrying or drilling op-
eration shall:
a. Present evidence of his qualification and work experience; or
b. Shall pass the appropriate government licensure examination; or
c. In special cases, may be permitted to work by the Director for a period not ex-
ceeding one (1) year: Provided, however, That if reciprocal privileges are extended to
Filipino nationals in the country of domicile, the Director may grant waivers or exemp-
tions.
_______________________
86
Philippine Immigration Act of 1940, as amended by R.A. Nos. 118, 135, 144, 287, 503,
749, 1901, 4376, 5171, 5701 and P.D. No. 524.
380
Chapter XI
Safety and Environment Protection
SEC. 63. Mines Safety and Environment Protection.—All contractors and per-
mittees shall strictly comply with all the mines safety rules and regulations as may be
promulgated by the Secretary concerning the safe and sanitary upkeep of the mining
operations and achieve waste-free and efficient mine development. Personnel of the
Department involved in the implementation of mines safety, health and environmental
87
rules and regulations shall be covered under Republic Act No. 7305.
SEC. 64. Mine Labor.—No person under sixteen (16) years of age shall be em-
ployed in any phase of mining operations and no person under eighteen (18) years of
age shall be employed underground in a mine.
SEC. 65. Mine Supervision.—All mining and quarrying operations that employ
more than fifty (50) workers shall have at least one (1) licensed mining engineer with at
least five (5) years of experience in mining operations, and one (1) registered foreman.
SEC. 66. Mine Inspection.—The regional director shall have exclusive jurisdic-
tion over the safety inspection of all installations, surface or underground, in mining
operations at reasonable hours of the day or night and as much as possible in a manner
that will not impede or obstruct work in progress of a contractor or permittee.
SEC. 67. Power to Issue Orders.—The mines regional director shall, in consulta-
tion with the Environmental Management Bureau, forthwith or within such time as
specified in his order, require the contractor to remedy any practice connected with
mining or quarrying operations, which is not in accordance with safety and anti-
pollution laws and regulations. In case of imminent danger to life or property, the mines
regional director may summarily suspend the mining or quarrying operations until the
danger is removed, or appropriate measures are taken by the contractor or permittee.
SEC. 68. Report of Accidents —In case of any incident or accident, causing or
creating the danger of loss of life or serious physical injuries, the person in charge of
operations shall immediately report the same to the regional office where the operations
are situated. Failure to report the same without justifiable reason shall be a cause for
the imposition of administrative sanctions prescribed in the rules and regulations im-
plementing this Act.
SEC. 69. Environmental Protection.—Every contractor shall undertake an envi-
ronmental protection and enhancement program covering the period of the mineral
agreement or permit. Such environmental program shall be incorporated in the work
program which the contractor or permittee shall submit as an accompanying document
to the application for a mineral agreement or permit. The work program shall include
not only plans relative to mining operations but also to rehabilitation, regeneration,
revegetation and reforestation of mineralized areas, slope stabilization of mined-out and
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87
The Magna Carta for Public Health Workers (26 May 1992).
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tailings covered areas, aquaculture, watershed development and water conservation;

and socioeconomic development.
SEC. 70. Environmental Impact Assessment (EIA).—Except during the explora-
tion period of a mineral agreement or financial or technical assistance agreement or an
exploration permit, an environmental clearance certificate shall be required based on
an environmental impact assessment and procedures under the Philippine Environ-
ment Impact Assessment System including Sections 26 and 27 of the Local Government
Code of 1991 which require national government agencies to maintain ecological bal-
ance, and prior consultation with the local government units, nongovernmental and
people’s organizations and other concerned sectors of the community: Provided, That a
completed ecological profile of the proposed mining area shall also constitute part of the
environmental impact assessment.
People’s organizations and nongo- This priceless landscape will be scraped off the face
vernmental organizations shall be of the earth, and disemboweled for a useless piece of
allowed and encouraged to partici- shiny metal called gold. Is this moral?
pate in ensuring that contrac-
tors/permittees shall observe all
the requirements of environmental
protection.
SEC. 71. Rehabilitation.—
Contractors and permittees shall
technically and biologically reha-
bilitate the excavated, mined-out,
tailings covered and disturbed
areas to the condition of environ-
mental safety, as may be provided
in the implementing rules and
regulations of this Act. A mine
rehabilitation fund shall be
created, based on the contractor’s
approved work program, and shall
be deposited as a trust fund in a
government depository bank and
used for physical and social
rehabilitation of areas and com-
munities affected by mining
activities and for research on the
social, technical and preventive “The superior man seeks what is right; the inferior
aspects of rehabilitation. Failure one, what is profitable.” — Confucius
to fulfill the above obligation shall (N. Oshima)
mean immediate suspension or
closure of the mining activities of the contractor/permittee concerned.
382
Chapter XII
Auxiliary Mining Rights
SEC. 72. Timber Rights.—Any provision of law to the contrary notwithstanding,

a contractor may be granted a right to cut trees or timber within his mining area as
may be necessary for his mining operations subject to forestry laws, rules and regula-
tions: Provided, That if the land covered by the mining area is already covered by exist-
ing timber concessions, the volume of timber needed and the manner of cutting and
removal thereof shall be determined by the mines regional director, upon consultation
with the contractor, the timber concessionaire/permittee and the Forest Management
Bureau of the Department: Provided, further, That in case of disagreement between the
contractor and the timber concessionaire, the matter shall be submitted to the Secre-
tary whose decision shall be final. The contractor shall perform reforestation work
within his mining area in accordance with forestry laws, rules and regulations.
SEC. 73. Water Rights.—A contractor shall have water rights for mining opera-
tions upon approval of application with the appropriate government agency in accor-
dance with existing water laws, rules and regulations promulgated thereunder: Pro-
vided, That water rights already granted or vested through long use, recognized and
acknowledged by local customs, laws, and decisions of courts shall not thereby be im-
paired: Provided, further, That the government reserves the right to regulate water
rights and the reasonable and equitable distribution of water supply so as to prevent
the monopoly of the use thereof.
SEC. 74. Right to Possess Explosives.—A contractor/exploration permittee shall
have the right to possess and use explosives within his contract/permit area as may be
necessary for his mining operations upon approval of an application with the appropri-
ate government agency in accordance with existing laws, rules and regulations promul-
gated thereunder: Provided, That the government reserves the right to regulate and
control the explosive accessories to ensure safe mining operations.
SEC. 75. Easement Rights.—When mining areas are so situated that for pur-
poses of more convenient mining operations it is necessary to build, construct or install
on the mining areas or lands owned, occupied or leased by other persons, such infra-
structure as roads, railroads, mills, waste dump sites, tailing ponds, warehouses, stag-
ing or storage areas and port facilities, tramways, runways, airports, electric transmis-
sion, telephone or telegraph lines, dams and their normal flood and catchment areas,
sites for water wells, ditches, canals, new river beds, pipelines, flumes, cuts, shafts,
tunnels, or mills, the contractor, upon payment of just compensation, shall be entitled to
enter and occupy said mining areas or lands.
SEC. 76. Entry into Private Lands and Concession Areas.—Subject to prior noti-
fication, holders of mining rights shall not be prevented from entry into private lands
and concession areas by surface owners, occupants, or concessionaires when conducting
mining operations therein: Provided, That any damage done to the property of the sur-
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face owner, occupant, or concessionaire as a consequence of such operations shall be

properly compensated as may be provided for in the implementing rules and regula-
tions: Provided, further, That to guarantee such compensation, the person authorized to
conduct mining operation shall, prior thereto, post a bond with the regional director
based on the type of properties, the prevailing prices in and around the area where the
mining operations are to be conducted, with surety or sureties satisfactory to the re-
gional director.
Chapter XIII
Settlement of Conflicts
SEC. 77. Panel of Arbitrators.—There shall be a panel of arbitrators in the re-

gional office of the Department composed of three (3) members, two (2) of whom must be
members of the Philippine Bar in good standing and one a licensed mining engineer or a
professional in a related field, and duly designated by the Secretary as recommended by
the Mines and Geosciences Bureau Director. Those designated as members of the panel
shall serve as such in addition to their work in the Department without receiving any
additional compensation. As much as practicable, said members shall come from the
different bureaus of the Department in the region. The presiding officer thereof shall be
selected by the drawing of lots. His tenure as presiding officer shall be on a yearly basis.
The members of the panel shall perform their duties and obligations in hearing and
deciding cases until their designation is withdrawn or revoked by the Secretary. Within
thirty (30) working days, after the submission of the case by the parties for decision, the
panel shall have exclusive and original jurisdiction to hear and decide on the following:
a. Disputes involving rights to mining areas;
b. Disputes involving mineral agreements or permits;
c. Disputes involving surface owners, occupants and claimholders/ concession-
aires; and
d. Disputes pending before the Bureau and the Department at the date of the ef-
fectivity of this Act.
SEC. 78. Appellate Jurisdiction.—The decision or order of the panel of arbitra-
tors may be appealed by the party not satisfied thereto to the Mines Adjudication Board
within fifteen (15) days from receipt thereof which must decide the case within thirty
(30) days from submission thereof for decision.
SEC. 79. Mines Adjudication Board.—The Mines Adjudication Board shall be
composed of three (3) members. The Secretary shall be the chairman with the Director
of the Mines and Geosciences Bureau and the Undersecretary for Operations of the
Department as members thereof. The Board shall have the following powers and func-
tions:
384
a. To promulgate rules and regulations governing the hearing and disposition of

cases before it, as well as those pertaining to its internal functions, and such rules and
regulations as may be necessary to carry out its functions;
b. To administer oaths, summon the parties to a controversy, issue subpoenas re-
quiring the attendance and testimony of witnesses or the production of such books,
papers, contracts, records, statement of accounts, agreements, and other documents as
may be material to a just determination of the matter under investigation, and to tes-
tify in any investigation or hearing conducted in pursuance of this Act;
c. To conduct hearings on all matters within its jurisdiction, proceed to hear and
determine the disputes in the absence of any party thereto who has been summoned or
served with notice to appear, conduct its proceedings or any part thereof in public or in
private, adjourn its hearing at any time and place, refer technical matters or accounts
to an expert and to accept his report as evidence after hearing of the parties upon due
notice, direct parties to be joined in or excluded from the proceedings, correct, amend, or
waive any error, defect or irregularity, whether in substance or in form, give all such
directions as it may deem necessary or expedient in the determination of the dispute
before it, and dismiss the mining dispute as part thereof, where it is trivial or where
further proceedings by the Board are not necessary or desirable:
1. To hold any person in contempt, directly or indirectly, and impose appro-
priate penalties therefore; and
2. To enjoin any or all acts involving or arising from any case pending before
it which, if not restrained forthwith, may cause grave or irreparable damage to
any of the parties to the case or seriously affect social and economic stability.
In any proceeding before the Board, the rules of evidence prevailing in courts of
law or equity shall not be controlling and it is the spirit and intention of this Act that
shall govern. The Board shall use every and all reasonable means to ascertain the facts
in each case speedily and objectively and without regard to technicalities of law or pro-
cedure, all in the interest of due process. In any proceeding before the Board, the parties
may be represented by legal counsel. The findings of fact of the Board shall be conclu-
sive and binding on the parties and its decision or order shall be final and executory.
A petition for review by certiorari and question of law may be filed by the ag-
grieved party with the Supreme Court within thirty (30) days from receipt of the order
or decision of the Board.
Chapter XIV
Government Share
SEC. 80. Government Share in Mineral Production Sharing Agreement.—The to-

tal government share in a mineral production sharing agreement shall be the excise tax
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88
on mineral products as provided in Republic Act No. 7729, amending Section 151(a) of
the National Internal Revenue Code, as amended.
SEC. 81. Government Share in Other Mineral Agreements.—The share of the
government in co-production and joint venture agreements shall be negotiated by the
Government and the contractor taking into consideration the:
a. capital investment of the project,
b. risks involved,
c. contribution of the project to the economy, and
d. other factors that will provide for a fair and equitable sharing between the
government and the contractor.
The government shall also be entitled to compensation for its other contributions
which shall be agreed upon by the parties, and shall consist [of], among other things,
the contractor’s income tax, excise tax, special allowance, withholding tax due from the
contractor’s foreign stockholders arising from dividend or interest payments to the said
foreign stockholders, in case of a foreign national, and all such other taxes, duties and
fees as provided for under existing laws.
The government share in financial or technical assistance agreement shall consist
of, among other things, the contractor’s corporate income tax, excise tax, special allow-
ance, withholding tax due from the contractor’s foreign stockholders arising from divi-
dend or interest payments to the said foreign stockholder in case of a foreign national
and all such other taxes, duties and fees as provided for under existing laws.
The collection of government share in financial or technical assistance agreement
shall commence after the financial or technical assistance agreement contractor has
fully recovered its pre-operating expenses, exploration, and development expenditures,
inclusive.
SEC. 82. Allocation of Government Share.—The government share as referred to
in the preceding sections shall be shared and allocated in accordance with Sections 290
and 292 of Republic Act No. 7160 otherwise known as the Local Government Code of
1991. In case the development and utilization of mineral resources is undertaken by a
government-owned or controlled corporation, the sharing and allocation shall be in
accordance with Sections 291 and 292 of the said Code.
Chapter XV
Taxes and Fees
SEC. 83. Income Taxes.—After the lapse of the income tax holiday as provided
for in the Omnibus Investments Code, the contractor shall be liable to pay income tax
as provided in the National Internal Revenue Code, as amended.
_______________________
88
An Act reducing the Excise Tax Rates on Metallic and Nonmetallic Minerals and Quarry
Resources (2 June 1994).
386
SEC. 84. Excise Tax on Mineral Products.—The contractor shall be liable to pay
the excise tax on mineral products as provided for under Section 151 of the National
Internal Revenue Code: Provided, however, That with respect to a mineral production
sharing agreement, the excise tax on mineral products shall be the government share
under said agreement.
SEC. 85. Mine Wastes and Tailings Fees.—A semi-annual fee to be known as
mine wastes and tailings fee is hereby imposed on all operating mining companies in
accordance with the implementing rules and regulations. The mine wastes and tailings
fee shall accrue to a reserve fund to be used exclusively for payment for damages to:
a. Lives and personal safety;
b. Lands, agricultural crops and forest products, marine life and aquatic re-
sources, cultural resources; and
c. Infrastructure and the revegetation and rehabilitation of silted farm lands and
other areas devoted to agriculture and fishing caused by mining pollution.
This is in addition to the suspension or closure of the activities of the contractor at
any time and the penal sanctions imposed upon the same.
The Secretary is authorized to increase mine wastes and tailings fees, when public
interest so requires, upon the recommendation of the Director.
SEC. 86. Occupation Fees.—There shall be collected from any holder of a min-
eral agreement, financial or technical assistance agreement or exploration permit on
public or private lands, an annual occupation fee in accordance with the following
schedule:
a. For exploration permit—Five pesos (P5.00) per hectare or fraction thereof per
annum;
b. For mineral agreements and financial or technical assistance agreements.—
Fifty pesos (P50.00) per hectare or fraction thereof per annum; and
c. For mineral reservation.—One hundred pesos (P100.00) per hectare or fraction
thereof per annum.
The Secretary is authorized to increase the occupation fees provided herein when
the public interest so requires, upon recommendation of the Bureau Director.
SEC. 87. Manner of Payment of Fees.—The fees shall be paid on the date the
mining agreement is registered with the appropriate office and on the same date every
year thereafter. It shall be paid to the treasurer of the municipality or city where the
onshore mining areas are located, or to the Director in case of offshore mining areas.
For this purpose, the appropriate officer shall submit to the treasurer of the municipal-
ity or city where the onshore mining area is located, a complete list of all onshore min-
ing rights registered with his office, indicating therein the names of the holders, area in
hectares, location, and date registered. If the fee is not paid on the date specified, it
shall be increased by twenty-five percent (25%).
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SEC. 88. Allocation of Occupation Fees.—Thirty percent (30%) of all occupa-

tional fees collected from holders of mining rights in onshore mining areas shall accrue
to the province and seventy percent (70%) to the municipality in which the onshore
mining areas are located. In a chartered city, the full amount shall accrue to the city
concerned.
SEC. 89. Filing Fees and Other Charges.—The Secretary is authorized to charge
reasonable filing fees and other charges as he may prescribe in accordance with the
implementing rules and regulations.
Chapter XVI
Incentives
SEC. 90. Incentives.—The contractors in mineral agreements, and financial or

technical assistance agreements shall be entitled to the applicable fiscal and non-fiscal
incentives as provided for under Executive Order No. 226, otherwise known as the Om-
nibus Investments Code of 1987: Provided, That holders of exploration permits may
register with the Board of Investments and be entitled to the fiscal incentives granted
under the said Code for the duration of the permits or extensions thereof: Provided,
further, That mining activities shall always be included in the investment priorities
plan.
SEC. 91. Incentives for Pollution Control Devices.—Pollution control devices ac-
quired, constructed or installed by contractors shall not be considered as improvements
on the land or building where they are placed, and shall not be subject to real property
and other taxes or assessments: Provided, however, That payment of mine wastes and
tailings fees is not exempted.
SEC. 92. Income Tax-Carry Forward of Losses.—A net operating loss without
the benefit of incentives incurred in any of the first ten (10) years of operations may be
carried over as a deduction from taxable income for the next five (5) years immediately
following the year of such loss. The entire amount of the loss shall be carried over to the
first of the five (5) taxable years following the loss, and any portion of such loss which
exceeds the taxable income of such first year shall be deducted in like manner from the
taxable income of the next remaining four (4) years.
SEC. 93. Income Tax-Accelerated Depreciation.—Fixed assets may be depreci-
ated as follows:
a. To the extent of not more than twice as fast as the normal rate of depreciation
or depreciated at normal rate of depreciation if the expected life is ten (10) years or less;
or
b. Depreciated over any number of years between five (5) years and the expected
life if the latter is more than ten (10) years, and the depreciation thereon allowed as
deduction from taxable income: Provided, That the contractor notifies the Bureau of
388
Internal Revenue at the beginning of the depreciation period which depreciation rate
allowed by this section will be used.
In computing for taxable income, unless otherwise provided in this Act, the con-
tractor may, at his option, deduct exploration and development expenditures accumu-
lated at cost as of the date of the prospecting or exploration and development expendi-
tures paid or incurred during the taxable year: Provided, That the total amount de-
ductible for exploration and development expenditures shall not exceed twenty-five
percent (25%) of the net income from mining operations. The actual exploration and
development expenditures minus the twenty-five percent (25%) net income from mining
shall be carried forward to the succeeding years until fully deducted.
Net income from mining operation is defined as gross income from operations less
allowable deductions which are necessary or related to mining operations. Allowable
deductions shall include mining, milling and marketing expenses, depreciation of prop-
erties directly used in the mining operations. This paragraph shall not apply to expen-
ditures for the acquisition or improvement of property of a character which is subject to
the allowances for depreciation.
SEC. 94. Investment Guarantees.—The contractor shall be entitled to the basic
rights and guarantees provided in the Constitution and such other rights recognized by
the government as enumerated hereunder:
a. Repatriation of investments.—The right to repatriate the entire proceeds of the
liquidation of the foreign investment in the currency in which the investment was
originally made and at the exchange rate prevailing at the time of repatriation.
b. Remittance of earnings.—The right to remit earnings from the investment in
the currency in which the foreign investment was originally made and at the exchange
rate prevailing at the time of remittance.
c. Foreign loans and contracts.—The right to remit at the exchange rate prevail-
ing at the time of remittance such sums as may be necessary to meet the payments of
interest and principal on foreign loans and foreign obligations arising from financial or
technical assistance contracts.
d. Freedom from expropriation.—The right to be free from expropriation by the
government of the property represented by investments or loans, or of the property of
the enterprise except for public use or in the interest of national welfare or defense and
upon payment of just compensation. In such cases, foreign investors or enterprises shall
have the right to remit sums received as compensation for the expropriated property in
the currency in which the investment was originally made and at the exchange rate
prevailing at the time of remittance.
e. Requisition of investment.—The right to be free from requisition of the prop-
erty represented by the investment or of the property of the enterprises except in case of
war or national emergency and only for the duration thereof. Just compensation shall
be determined and paid either at the time or immediately after cessation of the state of
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war or national emergency. Payments received as compensation for the requisitioned

property may be remitted in the currency in which the investments were originally
made and at the exchange rate prevailing at the time of remittance.
f. Confidentiality.—Any confidential information supplied by the contractor pur-
suant to this Act and its implementing rules and regulations shall be treated as such by
the Department and the government, and during the term of the project to which it
relates.
Chapter XVII
Ground for Cancellation, Revocation, and Termination
SEC. 95. Late or Non-filing of Requirements.—Failure of the permittee or con-

tractor to comply with any of the requirements provided in this Act or in its implement-
ing rules and regulations, without a valid reason, shall be sufficient ground for the
suspension of any permit or agreement provided under this Act.
SEC. 96. Violation of the Terms and Conditions of Permit or Agreements.—
Violation of the terms and conditions of the permits or agreements shall be a sufficient
ground for cancellation of the same.
SEC. 97. Non-payment of Taxes and Fees.—Failure to pay taxes and fees due the
government for two (2) consecutive years shall cause the cancellation of the exploration
permit, mineral agreement, financial or technical assistance agreement and other
agreements and the reopening of the area subject thereof to new applicants.
SEC. 98. Suspension or Cancellation of Tax Incentives and Credits.—Failure to
abide by the terms and conditions of tax incentives and credits shall cause the suspen-
sion or cancellation of said incentives and credits.
SEC. 99. Falsehood or Omission of Facts in the Statement.—All statements
made in the exploration permit, mining agreement and financial or technical assistance
agreement shall be considered as conditions and essential parts thereof and any false-
hood in said statements or omission of facts therein which may alter, change or affect
substantially the facts set forth in said statements may cause the revocation and termi-
nation of the exploration permit, mining agreement and financial or technical assis-
tance agreement.
Chapter XVIII
Organizational and Institutional Arrangements
SEC. 100. From Staff Bureau to Line Bureau.—The Mines and Geosciences Bu-
reau is hereby transformed into a line bureau consistent with Section 9 of this Act:
Provided, That under the Mines and Geosciences Bureau shall be the necessary mines
regional, district and other pertinent offices—the number and specific functions of
which shall be provided in the implementing rules and regulations of this Act.
390
Chapter XIX
Penal Provisions
SEC. 101. False Statements.—Any person who knowingly presents any false ap-
plication, declaration, or evidence to the government or publishes or causes to be pub-
lished any prospectus or other information containing any false statement relating to
mines, mining operations or mineral agreements, financial or technical assistance
agreements and permits shall, upon conviction, be penalized by a fine not exceeding ten
thousand pesos (P10,000.00).
SEC. 102. Illegal Exploration.—Any person undertaking exploration work with-
out the necessary exploration permit shall, upon conviction, be penalized by a fine not
exceeding fifty thousand pesos (P50,000.00).
SEC. 103. Theft of Minerals.—Any person extracting minerals and disposing the
same without a mining agreement, lease, permit, license, or steals minerals or ores or
the products thereof from mines or mills or processing plants shall, upon conviction, be
imprisoned from six (6) months to six (6) years or pay a fine from Ten Thousand Pesos
(P10,000.00) to Twenty Thousand Pesos (P20,000.00), or both, at the discretion of the
appropriate court. In addition, he shall be liable to pay damages and compensation for
the minerals removed, extracted, and disposed of. In the case of associations, partner-
ships, or corporations, the president and each of the directors thereof shall be responsi-
ble for the acts committed by such association, corporation, or partnership.
SEC. 104. Destruction of Mining Structures.—Any person who willfully destroys
or damages structures in or on the mining area or on the mill sites shall, upon convic-
tion, be imprisoned for a period not to exceed five (5) years and shall, in addition, pay
compensation for the damages which may have been caused thereby.
SEC. 105. Mines Arson.—Any person who wilfully sets fire to any mineral stock-
pile, mine or workings, fittings or a mine, shall be guilty of arson and shall be punished,
upon conviction, by the appropriate court in accordance with the provisions of the Re-
vised Penal Code and shall, in addition, pay compensation for the damages caused
thereby.
SEC. 106. Willful Damage to a Mine.—Any person who willfully damages a
mine, unlawfully causes water to run into a mine, or obstructs any shaft or passage to a
mine, or renders useless, damages or destroys any machine, appliance, apparatus, rope,
chain, tackle, or any other things used in a mine, shall be punished, upon conviction, by
the appropriate court, by imprisonment not exceeding a period of five (5) years and
shall, in addition, pay compensation for the damages caused thereby.
SEC. 107. Illegal Obstruction to Permittees or Contractors.—Any person who,
without justifiable cause, prevents or obstructs the holder of any permit, agreement or
lease from undertaking his mining operations shall be punished, upon conviction by the
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appropriate court, by a fine not exceeding Five Thousand Pesos (P5,000.00) or impris-
onment not exceeding one (1) year, or both, at the discretion of the court.
SEC. 108. Violation of the Terms and Conditions of the Environmental Compli-
ance Certificate.—Any person who wilfully violates or grossly neglects to abide by the
terms and conditions of the environmental compliance certificate issued to said person
and which causes environmental damage through pollution shall suffer the penalty of
imprisonment of six (6) months to six (6) years or a fine of Fifty Thousand Pesos
(P50,000.00) to Two Hundred Thousand Pesos (P200,000.00), or both, at the discretion
of the court.
SEC. 109. Illegal Obstruction to Government Officials.—Any person who ille-
gally prevents or obstructs the Secretary, the Director or any of their representatives in
the performance of their duties under the provisions of this Act and of the regulations
promulgated hereunder shall be punished, upon conviction, by the appropriate court, by
a fine not exceeding Five Thousand Pesos (P5,000.00) or by imprisonment not exceeding
one (1) year, or both, at the discretion of the court.
SEC. 110. Other Violations.—Any other violation of this Act and its implement-
ing rules and regulations shall constitute an offense punishable with a fine not exceed-
ing Five Thousand Pesos (P5,000.00).
SEC. 111. Fines.—The Secretary is authorized to charge fines for late or non-
submission of reports in accordance with the implementing rules and regulations of this
Act.
Chapter XX
Transitory and Miscellaneous Provisions
SEC. 112. Non-Impairment of Existing Mining/Quarrying Rights.—All valid

and existing mining lease contracts, permits/licenses, leases pending renewal, mineral
89
production-sharing agreements granted under Executive Order No. 279, at the date of
effectivity of this Act, shall remain valid, shall not be impaired, and shall be recognized
by the government: Provided, That the provisions of Chapter XIV on government share
in mineral production-sharing agreement and of Chapter XVI on incentives of this Act
shall immediately govern and apply to a mining lessee or contractor unless the mining
lessee or contractor indicates his intention to the Secretary, in writing, not to avail of
said provisions: Provided, further, That no renewal of mining lease contracts shall be
made after the expiration of its term: Provided, finally, That such leases, production-
_______________________
89
Authorizing the Secretary of Environment and Natural Resources to negotiate and con-
clude joint venture, co-production, or production sharing agreements for the exploration, devel-
opment and utilization of mineral resources, and prescribing the guidelines for such agreements
and those agreements involving technical and financial assistance by foreign-owned corporations
for large-scale operation, development and utilization of minerals. (E.O. 279, 25 July 1987).
392
sharing agreements, financial or technical assistance agreements shall comply with the
applicable provisions of this Act and its implementing rules and regulations.
SEC. 113. Recognition of Valid and Existing Mining Claims and Lease/Quarry
Application.—Holders of valid and existing mining claims, lease/quarry applications
shall be given preferential rights to enter into any mode of mineral agreement with the
government within two (2) years from the promulgation of the rules and regulations
implementing this Act.
SEC. 114. Separability Clause.—If any of the provision of this Act is held or de-
clared to be unconstitutional or invalid by a competent court, the other provisions
hereof shall continue to be in force as if the provision so annulled or voided had never
been incorporated in this Act.
SEC. 115. Repealing and Amending Clause.—All laws, executive orders, presi-
dential decrees, rules, and regulations or parts thereof which are inconsistent with any
of the provisions of this Act are hereby repealed or amended accordingly.
SEC. 116. Effectivity Clause.—This Act shall take effect thirty (30) days follow-
ing its complete publication in two (2) newspapers of general circulation in the Philip-
pines.
Approved: March 3, 1995.
Mining Agreements May be Changed
Facts: In the exercise of her interim legislative powers, former President Cora-
zon Aquino’s Executive Order Nos. 211 and 279. Executive Order No. 211 prescribes the
interim procedures in the processing and approval of applications for the exploration,
development and utilization of minerals pursuant to Section 2, Article XII of the 1987
Constitution. Executive Order No. 279 authorizes the DENR Secretary to negotiate and
conclude joint-venture, co-production, or production-sharing agreements for the explo-
ration, development, and utilization of mineral resources.
The Miners Association of the Philippines (MAP), an organization composed of
mining prospectors and claim owners or claimholders, assails the constitutionality of
two department administrative orders (DAOs) issued by then Secretary of Environment
and Natural Resources Fulgencio Factoran Jr. pursuant to those two executive orders.
Department Administrative Orders No. 57 declares “all existing mining leases or
agreements which were granted after the effectivity of the 1987 Constitution…shall be
converted into production-sharing agreements within one (1) year from the effectivity of
these guidelines.” Related thereto, Department Administrative Order No. 82 provides
that a failure to submit Letter of Intent (LOI) and Mineral Production-Sharing Agree-
ment (MPSA) within 2 years from the effectivity of Department Administrative Order
No. 57 shall cause the abandonment of mining, quarry, and sand and gravel claims.
393
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Aside from being unconstitutional, MAP alleges that the department administra-
tive orders are issued in excess of jurisdiction and are inconsistent with the executive
orders. Moreover, it claims that Department Administrative Order No. 57 violates the
non-impairment of contract clause in the Constitution for unduly pre-terminating exist-
ing mining leases and other mining agreements and automatically converting them into
production -sharing agreements within one (1) year from its effectivity.
Issue: Are the two department administrative orders valid?
Held: Yes. “Petitioner’s insistence on the application of Presidential Decree No.
463, as amended, as the governing law for the exploration, development, and utilization
of mineral resources is erroneous. Presidential Decree No. 463 pertains to the old sys-
tem of exploration, development and utilization of natural resources through ‘license,
concession or lease’ which has already been disallowed by Section 2, Article XII of the
1987 Constitution. By virtue of the new constitutional mandate and its implementing
law, Executive Order No. 279, the provisions for the ‘license, concession, or lease’ of
mineral resources under Presidential Decree No. 463 and other existing mining laws
are deemed repealed.
Moreover, the Court said that notwithstanding the absence of any reservation
clause or any law amending a private contract, “mining leases or agreements granted
by the State, such as those granted pursuant to Executive Order No. 211 referred to in
this petition, are subject to alterations through a reasonable exercise of the police power
of the State.” “Accordingly, the State, in the exercise of its police power in this regard,
may not be precluded by the constitutional restriction on non-impairment of contract
from altering, modifying and amending the mining leases or agreements granted under
Presidential Decree No. 463, as amended, pursuant to Executive Order No. 211. Police
power, being co-extensive with the necessities of the case and the demands of public
interest, extends to all the vital public needs.”
Miners Association of the Philippines v. Factoran

240 SCRA 100, G. R. No. 98332, January 16, 1995
Mining, An Extractive Industry
• Mining is essentially an extractive industry resulting in the depletion of nonrenew-

able resources. Thus, revenues derived from this industry must not be treated as
revenue but as a cost to the country’s natural capital. At the very least, the revenue
must be discounted by the social and environmental cost of mining to arrive at a
more realistic picture of the benefit derived from the mining industry. Basic and
simple accounting principles demands no less.
394
• If extraction must be done, it must be with utmost and deliberate care to ensure its
long-term availability. Also, its naturally polluting tendency must be controlled very
strictly.
• Thus, the policy of incentives to extract mineral resources must be removed and the
policy to encourage indiscriminate and hastened extraction of the natural capital
reversed. It is even worse if foreigners are allowed, even encouraged, to extract
these mineral resources.
THE FINANCIAL AND TECHNICAL ASSISTANCE AGREEMENT

(IN MINING) IS CONSTITUTIONAL
Facts: The Petition for Prohibition and Mandamus before the Court challenges
the constitutionality of (1) Republic Act No. [RA] 7942 (The Philippine Mining Act of
1995); (2) its Implementing Rules and Regulations (DENR Administrative Order No.
[DAO] 96-40); and (3) the FTAA dated March 30, 1995, executed by the government
with Western Mining Corporation (Philippines), Inc. (WMCP).
On January 27, 2004, the Court en banc promulgated its Decision granting the Petition
and declaring the unconstitutionality of certain provisions of RA 7942, DAO 96-40, as well as
of the entire FTAA executed between the government and WMCP, mainly on the finding that
FTAAs are service contracts prohibited by the 1987 Constitution.
The Decision struck down the subject FTAA for being similar to service contracts,
which, though permitted under the 1973 Constitution, were subsequently denounced for
being antithetical to the principle of sovereignty over our natural resources, because
they allowed foreign control over the exploitation of our natural resources, to the preju-
dice of the Filipino nation.
The Decision quoted several legal scholars and authors who had criticized service
contracts for, inter alia, vesting in the foreign contractor exclusive management and
control of the enterprise, including operation of the field in the event petroleum was
discovered; control of production, expansion and development; nearly unfettered control
over the disposition and sale of the products discovered/extracted; effective ownership of
the natural resource at the point of extraction; and beneficial ownership of our economic
resources. According to the Decision, the 1987 Constitution (Section 2 of Article XII)
effectively banned such service contracts.
Subsequently, respondents filed separate Motions for Reconsideration. (Editor’s
Note: Below is the Court’s summary of a very extensive decision which reversed its
original decision by 180 degrees.)
395
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The Meaning of “Agreements Involving

Either Technical or Financial Assistance”
Applying familiar principles of constitutional construction to the phrase agree-

ments involving either technical or financial assistance, the framers’ choice of words
does not indicate the intent to exclude other modes of assistance, but rather implies
that there are other things being included or possibly being made part of the agreement,
apart from financial or technical assistance. The drafters avoided the use of restrictive
and stringent phraseology; a verba legis scrutiny of Section 2 of Article XII of the Con-
stitution discloses not even a hint of a desire to prohibit foreign involvement in the
management or operation of mining activities, or to eradicate service contracts. Such
moves would necessarily imply an underlying drastic shift in fundamental economic
and developmental policies of the State. That change requires a much more definite and
irrefutable basis than mere omission of the words “service contract” from the new Con-
stitution.
Furthermore, a literal and restrictive interpretation of this paragraph leads to logi-
cal inconsistencies. A constitutional provision specifically allowing foreign-owned corpo-
rations to render financial or technical assistance in respect of mining or any other
commercial activity was clearly unnecessary; the provision was meant to refer to more
than mere financial or technical assistance.
Also, if paragraph 4 permits only agreements for financial or technical assistance,
there would be no point in requiring that they be “based on real contributions to the
economic growth and general welfare of the country.” And considering that there were
various long-term service contracts still in force and effect at the time the new Charter
was being drafted, the absence of any transitory provisions to govern the termination
and closing-out of the then existing service contracts strongly militates against the
theory that the mere omission of “service contracts” signaled their prohibition by the
new Constitution.
Resort to the deliberations of the Constitutional Commission is therefore unavoid-
able, and a careful scrutiny thereof conclusively shows that the ConCom members dis-
cussed agreements involving either technical or financial assistance in the same sense as
service contracts and used the terms interchangeably. The drafters in fact knew that the
agreements with foreign corporations were going to entail not mere technical or finan-
cial assistance but, rather, foreign investment in and management of an enterprise for
large-scale exploration, development and utilization of minerals.
The framers spoke about service contracts as the concept was understood in the 1973
Constitution. It is obvious from their discussions that they did not intend to ban or eradi-
cate service contracts. Instead, they were intent on crafting provisions to put in place safe-
guards that would eliminate or minimize the abuses prevalent during the martial law re-
gime. In brief, they were going to permit service contracts with foreign corporations as con-
tractors, but with safety measures to prevent abuses, as an exception to the general norm
396
established in the first paragraph of Section 2 of Article XII, which reserves or limits to
Filipino citizens and corporations at least 60 percent owned by such citizens the explora-
tion, development and utilization of mineral or petroleum resources. This was prompted by
the perceived insufficiency of Filipino capital and the felt need for foreign expertise in
the EDU of mineral resources.
Despite strong opposition from some ConCom members during the final voting, the
Article on the National Economy and Patrimony—including paragraph 4 allowing ser-
vice contracts with foreign corporations as an exception to the general norm in para-
graph 1 of Section 2 of the same Article—was resoundingly and overwhelmingly ap-
proved.
The drafters, many of whom were economists, academicians, lawyers, businessper-
sons and politicians knew that foreign entities will not enter into agreements involving
assistance without requiring measures of protection to ensure the success of the venture
and repayment of their investments, loans and other financial assistance, and ulti-
mately to protect the business reputation of the foreign corporations. The drafters, by
specifying such agreements involving assistance, necessarily gave implied assent to
everything that these agreements entailed or that could reasonably be deemed neces-
sary to make them tenable and effective -- including management authority with re-
spect to the day-to-day operations of the enterprise, and measures for the protection of
the interests of the foreign corporation, at least to the extent that they are consistent
with Philippine sovereignty over natural resources, the constitutional requirement of
State control, and beneficial ownership of natural resources remaining vested in the
State.
From the foregoing, it is clear that agreements involving either technical or finan-
cial assistance referred to in paragraph 4 are in fact service contracts, but such new
service contracts are between foreign corporations acting as contractors on the one
hand, and on the other hand government as principal or “owner” (of the works),
whereby the foreign contractor provides the capital, technology and technical know-
how, and managerial expertise in the creation and operation of the large-scale min-
ing/extractive enterprise, and government through its agencies (DENR, MGB) actively
exercises full control and supervision over the entire enterprise.
Such service contracts may be entered into only with respect to minerals, petro-
leum and other mineral oils. The grant of such service contracts is subject to several
safeguards, among them: (1) that the service contract be crafted in accordance with a
general law setting standard or uniform terms, conditions and requirements; (2) the
President be the signatory for the government; and (3) the President report the exe-
cuted agreement to Congress within thirty days.
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Ultimate Test:
Full State Control
To repeat, the primacy of the principle of the State’s sovereign ownership of all
mineral resources, and its full control and supervision over all aspects of exploration,
development and utilization of natural resources must be upheld. But “full control and
supervision” cannot be taken literally to mean that the State controls and supervises
everything down to the minutest details and makes all required actions, as this would
render impossible the legitimate exercise by the contractor of a reasonable degree of
management prerogative and authority, indispensable to the proper functioning of the
mining enterprise. Also, government need not micro-manage mining operations and
day-to-day affairs of the enterprise in order to be considered as exercising full control
and supervision.
Control, as utilized in Section 2 of Article XII, must be taken to mean a degree of
control sufficient to enable the State to direct, restrain, regulate and govern the affairs
of the extractive enterprises. Control by the State may be on a macro level, through the
establishment of policies, guidelines, regulations, industry standards and similar meas-
ures that would enable government to regulate the conduct of affairs in various enter-
prises, and restrain activities deemed not desirable or beneficial, with the end in view of
ensuring that these enterprises contribute to the economic development and general
welfare of the country, conserve the environment, and uplift the well-being of the local
affected communities. Such a degree of control would be compatible with permitting the
foreign contractor sufficient and reasonable management authority over the enterprise
it has invested in, to ensure efficient and profitable operation.
Government Granted Full Control

by RA 7942 and DAO 96-40
Baseless are petitioners’ sweeping claims that RA 7942 and its Implementing
Rules and Regulations make it possible for FTAA contracts to cede full control and
management of mining enterprises over to fully foreign owned corporations. Equally
wobbly is the assertion that the State is reduced to a passive regulator dependent on
submitted plans and reports, with weak review and audit powers and little say in the
decision-making of the enterprise, for which reasons “beneficial ownership” of the min-
eral resources is allegedly ceded to the foreign contractor.
As discussed hereinabove, the State’s full control and supervision over mining op-
erations are ensured through the following provisions in RA 7942: Sections 8, 9, 16, 19,
24, 35[(b), (e), (f), (g), (h), (k), (l), (m) and (o)], 40, 57, 66, 69, 70, and Chapters XI and
XVII; as well as the following provisions of DAO 96-40: Sections7[(d) and (f)], 35(a-2),
53[(a-4) and (d)], 54, 56[(g), (h), (l), (m) and (n)], 56(2), 60, 66, 144, 168, 171 and 270,
and also Chapters XV, XVI and XXIV.
398
Through the foregoing provisions, the government agencies concerned are empow-
ered to approve or disapprove -- hence, in a position to influence, direct, and change --
the various work programs and the corresponding minimum expenditure commitments
for each of the exploration, development and utilization phases of the enterprise. Once
they have been approved, the contractor’s compliance with its commitments therein will
be monitored. Figures for mineral production and sales are regularly monitored and
subjected to government review, to ensure that the products and by-products are dis-
posed of at the best prices; copies of sales agreements have to be submitted to and regis-
tered with MGB.
The contractor is mandated to open its books of accounts and records for scrutiny,
to enable the State to determine that the government share has been fully paid. The
State may likewise compel compliance by the contractor with mandatory requirements
on mine safety, health and environmental protection, and the use of anti-pollution tech-
nology and facilities. The contractor is also obligated to assist the development of the
mining community, and pay royalties to the indigenous peoples concerned. And viola-
tion of any of the FTAA’s terms and conditions, and/or non-compliance with statutes or
regulations, may be penalized by cancellation of the FTAA. Such sanction is significant
to a contractor who may have yet to recover the tens or hundreds of millions of dollars
sunk into a mining project.
Overall, the State definitely has a pivotal say in the operation of the individual en-
terprises, and can set directions and objectives, detect deviations and non-compliances
by the contractor, and enforce compliance and impose sanctions should the occasion
arise. Hence, RA 7942 and DAO 96-40 vest in government more than a sufficient degree
of control and supervision over the conduct of mining operations.
Section 3(aq) of RA 7942 was objected to as being unconstitutional for allowing a
foreign contractor to apply for and hold an exploration permit. During the exploration
phase, the permit grantee (and prospective contractor) is spending and investing heav-
ily in exploration activities without yet being able to extract minerals and generate
revenues. The exploration permit issued under Sections 3(aq), 20 and 23 of RA 7942,
which allows exploration but not extraction, serves to protect the interests and rights of
the exploration permit grantee (and would-be contractor), foreign or local. Otherwise,
the exploration works already conducted, and expenditures already made, may end up
only benefiting claim-jumpers. Thus, Section 3(aq) of RA 7942 is not unconstitutional.
WMCP FTAA Likewise Gives the

State Full Control and Supervision
The WMCP FTAA obligates the contractor to account for the value of production
and sale of minerals (Clause 1.4); requires that the contractor’s work program, activities
and budgets be approved by the State (Clause 2.1); gives the DENR secretary power to
extend the exploration period (Clause 3.2-a); requires approval by the State for incorpo-
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ration of lands into the contract area (Clause 4.3-c); requires Bureau of Forest Devel-
opment approval for inclusion of forest reserves as part of the FTAA contract area
(Clause 4.5); obligates the contractor to periodically relinquish parts of the contract area
not needed for exploration and development (Clause 4.6); requires submission of a dec-
laration of mining feasibility for approval by the State (Clause 4.6-b); obligates the
contractor to report to the State the results of its exploration activities (Clause 4.9);
requires the contractor to obtain State approval for its work programs for the succeed-
ing two year periods, containing the proposed work activities and expenditures budget
related to exploration (Clause 5.1); requires the contractor to obtain State approval for
its proposed expenditures for exploration activities (Clause 5.2); requires the contractor
to submit an annual report on geological, geophysical, geochemical and other informa-
tion relating to its explorations within the FTAA area (Clause 5.3-a); requires the con-
tractor to submit within six months after expiration of exploration period a final report
on all its findings in the contract area (Clause 5.3-b); requires the contractor after con-
ducting feasibility studies to submit a declaration of mining feasibility, along with a
description of the area to be developed and mined, a description of the proposed mining
operations and the technology to be employed, and the proposed work program for the
development phase, for approval by the DENR secretary (Clause 5.4); obligates the
contractor to complete the development of the mine, including construction of the pro-
duction facilities, within the period stated in the approved work program (Clause 6.1);
requires the contractor to submit for approval a work program covering each period of
three fiscal years (Clause 6.2); requires the contractor to submit reports to the secretary
on the production, ore reserves, work accomplished and work in progress, profile of its
work force and management staff, and other technical information (Clause 6.3); subjects
any expansions, modifications, improvements and replacements of mining facilities to
the approval of the secretary (Clause 6.4); subjects to State control the amount of funds
that the contractor may borrow within the Philippines (Clause 7.2); subjects to State
supervisory power any technical, financial and marketing issues (Clause 10.1-a); obli-
gates the contractor to ensure 60 percent Filipino equity in the contractor within ten
years of recovering specified expenditures unless not so required by subsequent legisla-
tion (Clause 10.1); gives the State the right to terminate the FTAA for unremedied
substantial breach thereof by the contractor (Clause 13.2); requires State approval for
any assignment of the FTAA by the contractor to an entity other than an affiliate
(Clause 14.1).
In short, the aforementioned provisions of the WMCP FTAA, far from constituting
a surrender of control and a grant of beneficial ownership of mineral resources to the
contractor in question, vest the State with control and supervision over practically all
aspects of the operations of the FTAA contractor, including the charging of pre-
operating and operating expenses, and the disposition of mineral products.
There is likewise no relinquishment of control on account of specific provisions of
the WMCP FTAA. Clause 8.2 provides a mechanism to prevent the mining operations
400
from grinding to a complete halt as a result of possible delays of more than 60 days in
the government‘s processing and approval of submitted work programs and budgets.
Clause 8.3 seeks to provide a temporary, stop-gap solution in case a disagreement be-
tween the State and the contractor (over the proposed work program or budget submit-
ted by the contractor) should result in a deadlock or impasse, to avoid unreasonably
long delays in the performance of the works.
The State, despite Clause 8.3, still has control over the contract area, and it may,
as sovereign authority, prohibit work thereon until the dispute is resolved, or it may
terminate the FTAA, citing substantial breach thereof. Hence, the State clearly retains
full and effective control.
Clause 8.5, which allows the contractor to make changes to approved work pro-
grams and budgets without the prior approval of the DENR secretary, subject to certain
limitations with respect to the variance/s, merely provides the contractor a certain
amount of flexibility to meet unexpected situations, while still guaranteeing that the
approved work programs and budgets are not abandoned altogether. And if the secre-
tary disagrees with the actions taken by the contractor in this instance, he may also
resort to cancellation/termination of the FTAA as the ultimate sanction.
Clause 4.6 of the WMCP FTAA gives the contractor discretion to select parts of the
contract area to be relinquished. The State is not in a position to substitute its judg-
ment for that of the contractor, who knows exactly which portions of the contract area
do not contain minerals in commercial quantities and should be relinquished. Also,
since the annual occupation fees paid to government are based on the total hectarage of
the contract area, net of the areas relinquished, the contractor’s self-interest will assure
proper and efficient relinquishment.
Clause 10.2(e) of the WMCP FTAA does not mean that the contractor can compel
government to use its power of eminent domain. It contemplates a situation in which
the contractor is a foreign-owned corporation, hence, not qualified to own land. The
contractor identifies the surface areas needed for it to construct the infrastructure for
mining operations, and the State then acquires the surface rights on behalf of the for-
mer. The provision does not call for the exercise of the power of eminent domain (or
determination of just compensation); it seeks to avoid a violation of the anti-dummy
law.
Clause 10.2(l) of the WMCP FTAA giving the contractor the right to mortgage and
encumber the mineral products extracted may have been a result of conditions imposed
by creditor-banks to secure the loan obligations of WMCP. Banks lend also upon the
security of encumbrances on goods produced, which can be easily sold and converted
into cash and applied to the repayment of loans. Thus, Clause 10.2(l) is not something
out of the ordinary. Neither is it objectionable, because even though the contractor is
allowed to mortgage or encumber the mineral end-products themselves, the contractor
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is not thereby relieved of its obligation to pay the government its basic and additional
shares in the net mining revenue. The contractor’s ability to mortgage the minerals
does not negate the State’s right to receive its share of net mining revenues.
Clause 10.2(k) which gives the contractor authority “to change its equity structure
at any time,” means that WMCP, which was then 100 percent foreign owned, could
permit Filipino equity ownership. Moreover, what is important is that the contractor,
regardless of its ownership, is always in a position to render the services required under
the FTAA, under the direction and control of the government.
Clauses 10.4(e) and (i) bind government to allow amendments to the FTAA if re-
quired by banks and other financial institutions as part of the conditions of new lend-
ings. There is nothing objectionable here, since Clause 10.4(e) also provides that such
financing arrangements should in no event reduce the contractor’s obligations or the
government’s rights under the FTAA Clause 10.4(i) provides that government shall
“favourably consider” any request for amendments of this agreement necessary for the
contractor to successfully obtain financing. There is no renunciation of control, as the
proviso does not say that government shall automatically grant any such request. Also,
it is up to the contractor to prove the need for the requested changes. The government
always has the final say on whether to approve or disapprove such requests.
In fine, the FTAA provisions do not reduce or abdicate State control.
No Surrender of
Financial Benefits
The second paragraph of Section 81 of RA 7942 has been denounced for allegedly
limiting the State’s share in FTAAs with foreign contractors to just taxes, fees and du-
ties, and depriving the State of a share in the after-tax income of the enterprise. How-
ever, the inclusion of the phrase “among other things” in the second paragraph of Sec-
tion 81 clearly and unmistakably reveals the legislative intent to have the State collect
more than just the usual taxes, duties and fees.
Thus, DAO 99-56, the “Guidelines Establishing the Fiscal Regime of Financial or
Technical Assistance Agreements,” spells out the financial benefits government will
receive from an FTAA, as consisting of not only a basic government share, comprised of
all direct taxes, fees and royalties, as well as other payments made by the contractor
during the term of the FTAA, but also an additional government share, being a share in
the earnings or cash flows of the mining enterprise, so as to achieve a fifty-fifty sharing
of net benefits from mining between the government and the contractor.
The additional government share is computed using one of three (3) options or
schemes detailed in DAO 99-56, viz., (1) the fifty-fifty sharing of cumulative present
value of cash flows; (2) the excess profit-related additional government share; and (3)
the additional sharing based on the cumulative net mining revenue. Whichever option
402
or computation is used, the additional government share has nothing to do with taxes,
duties, fees or charges. The portion of revenues remaining after the deduction of the
basic and additional government shares is what goes to the contractor.
The basic government share and the additional government share do not yet take
into account the indirect taxes and other financial contributions of mining projects,
which are real and actual benefits enjoyed by the Filipino people; if these are taken into
account, total government share increases to 60 percent or higher (as much as 77 per-
cent, and 89 percent in one instance) of the net present value of total benefits from the
project.
The third or last paragraph of Section 81 of RA 7942 is slammed for deferring the
payment of the government share in FTAAs until after the contractor shall have recov-
ered its pre-operating expenses, exploration and development expenditures. Allegedly,
the collection of the State’s share is rendered uncertain, as there is no time limit in RA
7942 for this grace period or recovery period. But although RA 7942 did not limit the
grace period, the concerned agencies (DENR and MGB) in formulating the 1995 and
1996 Implementing Rules and Regulations provided that the period of recovery, reck-
oned from the date of commercial operation, shall be for a period not exceeding five
years, or until the date of actual recovery, whichever comes earlier.
And since RA 7942 allegedly does not require government approval for the pre-
operating, exploration and development expenses of the foreign contractors, it is feared
that such expenses could be bloated to wipe out mining revenues anticipated for 10
years, with the result that the State’s share is zero for the first 10 years. However, the
argument is based on incorrect information.
Under Section 23 of RA 7942, the applicant for exploration permit is required to
submit a proposed work program for exploration, containing a yearly budget of proposed
expenditures, which the State passes upon and either approves or rejects; if approved,
the same will subsequently be recorded as pre-operating expenses that the contractor
will have to recoup over the grace period.
Under Section 24, when an exploration permittee files with the MGB a declaration
of mining project feasibility, it must submit a work program for development, with cor-
responding budget, for approval by the Bureau, before government may grant an FTAA
or MPSA or other mineral agreements; again, government has the opportunity to ap-
prove or reject the proposed work program and budgeted expenditures for development
works, which will become the pre-operating and development costs that will have to be
recovered. Government is able to know ahead of time the amounts of pre-operating and
other expenses to be recovered, and the approximate period of time needed therefor.
The aforecited provisions have counterparts in Section 35, which deals with the terms
and conditions exclusively applicable to FTAAs. In sum, the third or last paragraph of
Section 81 of RA 7942 cannot be deemed defective.
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Section 80 of RA 7942 allegedly limits the State’s share in a mineral production-

sharing agreement (MPSA) to just the excise tax on the mineral product, i.e., only 2
percent of market value of the minerals. The colatilla in Section 84 reiterates the same
limitation in Section 80. However, these two provisions pertain only to MPSAs, and
have no application to FTAAs. These particular provisions do not come within the is-
sues defined by this Court. Hence, on due process grounds, no pronouncement can be
made in this case in respect of the constitutionality of Sections 80 and 84.
Section 112 is disparaged for reverting FTAAs and all mineral agreements to the
old “license, concession or lease” system, because it allegedly effectively reduces the
government share in FTAAs to just the 2 percent excise tax which pursuant to Section
80 comprises the government share in MPSAs. However, Section 112 likewise does not
come within the issues delineated by this Court, and was never touched upon by the
parties in their pleadings. Moreover, Section 112 may not properly apply to FTAAs. The
mining law obviously meant to treat FTAAs as a breed apart from mineral agreements.
There is absolutely no basis to believe that the law intends to exact from FTAA contrac-
tors merely the same government share (i.e., the 2 percent excise tax) that it apparently
demands from contractors under the three forms of mineral agreements.
While there is ground to believe that Sections 80, 84 and 112 are indeed unconsti-
tutional, they cannot be ruled upon here. In any event, they are separable; thus, a later
finding of nullity will not affect the rest of RA 7942.
In fine, the challenged provisions of RA 7942 cannot be said to surrender financial
benefits from an FTAA to the foreign contractors.
Moreover, there is no concrete basis for the view that, in FTAAs with a foreign
contractor, the State must receive at least 60 percent of the after-tax income from the
exploitation of its mineral resources, and that such share is the equivalent of the consti-
tutional requirement that at least 60 percent of the capital, and hence 60 percent of the
income, of mining companies should remain in Filipino hands. Even if the State is enti-
tled to a 60 percent share from other mineral agreements (CPA, JVA and MPSA), that
would not create a parallel or analogous situation for FTAAs. We are dealing with an
essentially different equation. Here we have the old apples and oranges syndrome.
The Charter did not intend to fix an iron-clad rule of 60 percent share, applicable
to all situations, regardless of circumstances. There is no indication of such an intention
on the part of the framers. Moreover, the terms and conditions of petroleum FTAAs
cannot serve as standards for mineral mining FTAAs, because the technical and opera-
tional requirements, cost structures and investment needs of off-shore petroleum explo-
ration and drilling companies do not have the remotest resemblance to those of on-shore
mining companies.
To take the position that government‘s share must be not less than 60 percent of
after-tax income of FTAA contractors is nothing short of this Court dictating upon the
government. The State resultantly ends up losing control. To avoid compromising the
404
State’s full control and supervision over the exploitation of mineral resources, there
must be no attempt to impose a “minimum 60 percent” rule. It is sufficient that the
State has the power and means, should it so decide, to get a 60 percent share (or
greater); and it is not necessary that the State does so in every case.
Invalid Provisions of
the WMCP FTAA
Section 7.9 of the WMCP FTAA clearly renders illusory the State’s 60 percent
share of WMCP’s revenues. Under Section 7.9, should WMCP’s foreign stockholders
(who originally owned 100 percent of the equity) sell 60 percent or more of their equity
to a Filipino citizen or corporation, the State loses its right to receive its share in net
mining revenues under Section 7.7, without any offsetting compensation to the State.
And what is given to the State in Section 7.7 is by mere tolerance of WMCP’s foreign
stockholders, who can at any time cut off the government‘s entire share by simply sell-
ing 60 percent of WMCP’s equity to a Philippine citizen or corporation.
In fact, the sale by WMCP’s foreign stockholder on January 23, 2001 of the entire
outstanding equity in WMCP to Sagittarius Mines, Inc., a domestic corporation at least
60 percent Filipino owned, can be deemed to have automatically triggered the operation
of Section 7.9 and removed the State’s right to receive its 60 percent share. Section 7.9
of the WMCP FTAA has effectively given away the State’s share without anything in
exchange.
Moreover, it constitutes unjust enrichment on the part of the local and foreign
stockholders in WMCP, because by the mere act of divestment, the local and foreign
stockholders get a windfall, as their share in the net mining revenues of WMCP is
automatically increased, without having to pay anything for it.
Being grossly disadvantageous to government and detrimental to the Filipino peo-
ple, as well as violative of public policy, Section 7.9 must therefore be stricken off as
invalid. The FTAA in question does not involve mere contractual rights but, being im-
pressed as it is with public interest, the contractual provisions and stipulations must
yield to the common good and the national interest. Since the offending provision is
very much separable from the rest of the FTAA, the deletion of Section 7.9 can be done
without affecting or requiring the invalidation of the entire WMCP FTAA itself.
Section 7.8(e) of the WMCP FTAA likewise is invalid, since by allowing the sums
spent by government for the benefit of the contractor to be deductible from the State’s
share in net mining revenues, it results in benefiting the contractor twice over. This
constitutes unjust enrichment on the part of the contractor, at the expense of govern-
ment. For being grossly disadvantageous and prejudicial to government and contrary to
public policy, Section 7.8(e) must also be declared without effect. It may likewise be
stricken off without affecting the rest of the FTAA.
405
LAND
EPILOGUE
AFTER ALL IS SAID AND DONE, it is clear that there is unanimous agreement
in the Court upon the key principle that the State must exercise full control and super-
vision over the exploration, development and utilization of mineral resources.
The crux of the controversy is the amount of discretion to be accorded the Executive
Department, particularly the President of the Republic, in respect of negotiations over the
terms of FTAAs, particularly when it comes to the government share of financial benefits
from FTAAs. The Court believes that it is not unconstitutional to allow a wide degree of
discretion to the Chief Executive, given the nature and complexity of such agreements,
the humongous amounts of capital and financing required for large-scale mining opera-
tions, the complicated technology needed, and the intricacies of international trade, cou-
pled with the State’s need to maintain flexibility in its dealings, in order to preserve and
enhance our country’s competitiveness in world markets.
We are all, in one way or another, sorely affected by the recently reported scandals
involving corruption in high places, duplicity in the negotiation of multi-billion peso
government contracts, huge payoffs to government officials, and other malfeasances;
and perhaps, there is the desire to see some measures put in place to prevent further
abuse. However, dictating upon the President what minimum share to get from an
FTAA is not the solution. It sets a bad precedent since such a move institutionalizes the
very reduction if not deprivation of the State’s control. The remedy may be worse than
the problem it was meant to address. In any event, provisions in such future agree-
ments which may be suspected to be grossly disadvantageous or detrimental to govern-
ment may be challenged in court, and the culprits haled before the bar of justice.
Verily, under the doctrine of separation of powers and due respect for co-equal and
coordinate branches of government, this Court must restrain itself from intruding into
policy matters and must allow the President and Congress maximum discretion in us-
ing the resources of our country and in securing the assistance of foreign groups to
eradicate the grinding poverty of our people and answer their cry for viable employment
opportunities in the country.
“The judiciary is loath to interfere with the due exercise by coequal branches of gov-
90
ernment of their official functions.” As aptly spelled out seven decades ago by Justice
George Malcolm, “Just as the Supreme Court, as the guardian of constitutional rights,
should not sanction usurpations by any other department of government, so should it as
strictly confine its own sphere of influence to the powers expressly or by implication con-
91
ferred on it by the Organic Act.” Let the development of the mining industry be the
responsibility of the political branches of government. And let not this Court interfere
inordinately and unnecessarily.
_______________________
90
Decena v. Malayaon, AM No. RTJ-02-1669, April 14, 2004, per Tinga, J.
91
Manila Electric Co. v. Pasay Transportation, 57 Phil. 600, 605, November 25, 1932, per
Malcolm, J.
406
The Constitution of the Philippines is the supreme law of the land. It is the re-
pository of all the aspirations and hopes of all the people. We fully sympathize with the
plight of Petitioner La Bugal B’laan and other tribal groups, and commend their efforts
to uplift their communities. However, we cannot justify the invalidation of an otherwise
constitutional statute along with its implementing rules, or the nullification of an oth-
erwise legal and binding FTAA contract.
We must never forget that it is not only our less privileged brethren in tribal and
cultural communities who deserve the attention of this Court; rather, all parties con-
cerned—including the State itself, the contractor (whether Filipino or foreign), and the
vast majority of our citizens—equally deserve the protection of the law and of this
Court. To stress, the benefits to be derived by the State from mining activities must
ultimately serve the great majority of our fellow citizens. They have as much right and
interest in the proper and well-ordered development and utilization of the country’s
mineral resources as the petitioners.
Whether we consider the near term or take the longer view, we cannot overempha-
size the need for an appropriate balancing of interests and needs -- the need to develop
our stagnating mining industry and extract what NEDA Secretary Romulo Neri esti-
mates is some US$840 billion (approx. PhP47.04 trillion) worth of mineral wealth lying
hidden in the ground, in order to jumpstart our floundering economy on the one hand,
and on the other, the need to enhance our nationalistic aspirations, protect our indige-
nous communities, and prevent irreversible ecological damage.
This Court cannot but be mindful that any decision rendered in this case will ul-
timately impact not only the cultural communities which lodged the instant Petition,
and not only the larger community of the Filipino people now struggling to survive
amidst a fiscal/budgetary deficit, ever increasing prices of fuel, food, and essential com-
modities and services, the shrinking value of the local currency, and a government
hamstrung in its delivery of basic services by a severe lack of resources, but also count-
less future generations of Filipinos.
For this latter group of Filipinos yet to be born, their eventual access to education,
health care and basic services, their overall level of well-being, the very shape of their
lives are even now being determined and affected partly by the policies and directions
being adopted and implemented by government today. And in part by this Resolution
rendered by this Court today.
Verily, the mineral wealth and natural resources of this country are meant to
benefit not merely a select group of people living in the areas locally affected by mining
activities, but the entire Filipino nation, present and future, to whom the mineral
wealth really belong. This Court has therefore weighed carefully the rights and inter-
ests of all concerned, and decided for the greater good of the greatest number. JUSTICE
FOR ALL, not just for some; JUSTICE FOR THE PRESENT AND THE FUTURE, not
just for the here and now.
407
LAND
WHEREFORE, the Court RESOLVES to GRANT the respondents’ and the inter-
venors’ Motions for Reconsideration; to REVERSE and SET ASIDE this Court’s Janu-
ary 27, 2004 Decision; to DISMISS the Petition; and to issue this new judgment declar-
ing CONSTITUTIONAL (1) Republic Act No. 7942 (the Philippine Mining Law), (2) its
Implementing Rules and Regulations contained in DENR Administrative Order (DAO)
No. 9640—insofar as they relate to financial and technical assistance agreements re-
ferred to in paragraph 4 of Section 2 of Article XII of the Constitution; and (3) the Fi-
nancial and Technical Assistance Agreement (FTAA) dated March 30, 1995 executed by
the government and Western Mining Corporation Philippines Inc. (WMCP), except
Sections 7.8 and 7.9 of the subject FTAA which are hereby INVALIDATED for being
contrary to public policy and for being grossly disadvantageous to the government.
La Bugal-B’laan Tribal Association vs. Victor O. Ramos

G.R. No. 127882. December 1, 2004
MINING AND THE STORY OF MY RICH GRANDFATHER
The case above is a perfect example of the dictum that “law begins with desire.”
More important, however, is this deci-
sion reflects the misguided policy of
the present administration (2001- ?)
that mining and the exploitation of
mineral resources contributes to the
real wealth of the economy.
Let me tell you a story:
My grandfather was a rich man.
When we buried him, his lawyer whis-
pers to me that he would like to see me
the day after. When I went to his of-
fice, he told me that my grandfather
saved up 20 million pesos throughout
his lifetime of 81 years and is leaving
that amount with me. I thanked the
lawyer, laughed my way to the bank,
and opened an account.
Everyday for the next 20 days, I
withdrew P1 million a day, gambled it
in the casino, squandered the amount
in wine, and in living a generally reck-
less life for 20 days. (A. Oposa)
408
That is not bad enough. What is even worse is that after every day that I lost the
money, I went back to my accounting books and recorded all my losses as income.
Is that correct?
Of course, not. But let us transpose the elements of this allegorical story. Grandfa-
ther time took all of 50 million years for the Philippines to have the minerals that we
find underneath our earth’s crust. About a hundred years ago, literally a wink in the
eyes of Time, we discovered that the Philippines held useful minerals. The Arroyo ad-
ministration comes around only last 2001, barely 5 years ago, a fraction of a wink, and
begins the policy of the intensive liquidation of the country’s mineral resources.
What is even worse is that it calls it income or revenue for the government. Is it?
Or is it a depreciation, no, a depletion, of the country’s natural wealth. And yet, the
President who declares this policy is supposed to have a doctorate in economics.
The story of my rich grandfather is a work of fiction. What we are doing to the
earth applying that wrong-headed kind of economic thinking is a fact. We are scraping
the earth of life, disemboweling it of priceless soil for a few pieces of worthless metal.
And then, we call it income, progress and development.
Role of the Law
What about the role of the Courts? Law is nothing more than policy distilled in le-
gal form and language. And Law begins with desire. Where the policy desired by the
Government is to liquidate the mineral wealth of the country as fast as possible, the
Courts will seek the legal interpretation that will best suit the desired policy.
Is this Governmental policy wrong or right? As the Zen philosophy teaches, it is
not wrong or right, it just IS. One thing is certain though: When we violate the Laws of
Nature, there are no rewards nor punishments, no right nor wrong; there are only con-
sequences.
One need not look far to see what the social, financial, and environmental conse-
quences are. What happened to the mining towns in the Cordilleras, in Marinduque,
Toledo (Cebu), etc.? What happened to countries like Nauru? Mining is essentially an
extractive and destructive industry. It is also an inherently boom and bust affair.
Have we learned? Will the Government insist on pursuing a destructive policy that
will, in the end, not make a real contribution to the country’s economy but will instead
lead to the impoverishment of our natural and social capital?
One day, fifty or a hundred years from now, our descendants will laugh at this
generation for our short-sightedness. Laugh at us, dear descendants. Better yet, be-
cause we have pursued and legitimized the reckless liquidation of our natural wealth,
go ahead, SPIT on our graves.
409
LAND
This is the fire that will help generations to come.

If they use it in sacred manner.
But if they do not use it well.
Fire will have the power to do them great harm.
—Sioux Indian
Energy
Department of Energy (Republic Act 7638)
Chapter I
General Provisions
SECTION 1. Short Title.— This Act

shall be known as the “Department of En-
ergy Act of 1992.”
SEC. 2. Declaration of Policy.— It is
hereby declared the policy of the State:
a. to ensure a continuous, adequate,
and economic supply of energy with the end
in view of ultimately achieving self-reliance
in the country’s energy requirements through
the integrated and intensive exploration,
production, management, and development of
the country’s indigenous energy resources,
and through the judicious conservation, re-
newal, and efficient utilization of energy to
keep pace with the country’s growth and
economic development and taking into con-
sideration the active participation of the
private sector in the various areas on energy
“A clear breeze has no price, the bright
resource development; and
moon no owner.” — Song Hun b. to rationalize, integrate, and coor-
(Digital Vision) dinate the various programs of the govern-
ment towards self-sufficiency and enhanced
productivity in power energy without sacrificing ecological concerns.
410
ENERGY
a. Energy projects shall mean activities or projects relative to the exploration, ex-
traction, production, importation, exportation, processing, transportation, marketing,
distribution, utilization, conservation, stockpiling, or storage of all forms of energy pro-
ducts and resources.
b. Board shall mean the Energy Regulatory Board.
SEC. 4. Department of Energy.—To carry out the above declared policy, there is
hereby created the Department of Energy, hereinafter referred to as the Department,
which shall prepare, integrate, coordinate, supervise, and control all plans, programs,
projects, and activities of the government relative to energy exploration, development,
utilization, distribution, and conservation.
SEC. 5. Powers and Functions.—The Department shall have the following pow-
ers and functions:
a. Formulate policies for the planning and implementation of a comprehensive
program for the efficient supply and economical use of energy consistent with the ap-
proved national economic plan and with the policies on environmental protection and
conservation and maintenance of ecological balance, and provide a mechanism for the
integration, rationalization, and coordination of the various energy programs of the
government;
b. Develop and update the existing Philippine energy program which shall pro-
vide for an integrated and comprehensive exploration, development, utilization, distri-
bution, and conservation of energy resources, with preferential bias for environment-
friendly, indigenous, and low-cost sources of energy. The program shall include a policy
direction towards the privatization of government agencies related to energy, deregula-
tion of the power and energy industry, and reduction of dependency on oil fired plants.
Said program shall be updated within nine (9) months from the effectivity of this Act
and submitted to Congress within ten (10) days from its completion and not later than
the fifteenth day of September every year thereafter;
c. Establish and administer programs for the exploration, transportation, mar-
keting, distribution, utilization, conservation, stockpiling, and storage of energy re-
sources of all forms, whether conventional or non conventional;
d. Exercise supervision and control over all government activities relative to en-
ergy projects in order to attain the goals embodied in Section 2 of this Act;
e. Regulate private sector activities relative to energy projects as provided for
under existing laws: Provided, That the Department shall endeavor to provide for an
environment conducive to free and active private sector participation and investment in
all energy activities.
At the end of four (4) years from the effectivity of this Act, the Department shall,
upon approval of the President, institute the programs and timetable of deregulation of
appropriate energy projects and activities of the energy industry;
411
LAND
f. Assess the requirements of, determine priorities for, provide direction to, and
disseminate information resulting from energy research and development programs for
the optimal development of various forms of energy production and utilization technolo-
gies;
g. Formulate and implement programs, including a system of providing incen-
tives and penalties, for the judicious and efficient use of energy in all energy consisting
sectors of the economy;
h. Formulate and implement a program for the accelerated development of non
conventional energy systems and the promotion and commercialization of its applica-
tions;
i. Devise ways and means of giving direct benefit to the province, city, or munici-
pality, especially the community and people affected, and equitable preferential benefit
to the region that hosts the energy resource and/or the energy generating facility: Pro-
vided, however, That the other provinces, cities, municipalities, or regions shall not be
deprived of their energy requirements;
j. Encourage private enterprises engaged in energy projects, including corpora-
tions, cooperatives, and similar collective organizations, to broaden the base of their
ownership and thereby encourage the widest public ownership of energy-oriented corpo-
rations;
k. Formulate such rules and regulations as may be necessary to implement the
objectives of this Act; and
l. Exercise such other powers as may be necessary or incidental to attain the ob-
jectives of this Act.
Chapter II
The Department Proper
SEC. 6. Composition.—The Department Proper shall be composed of the Office

of the Secretary and the Offices of the Undersecretaries and Assistant Secretaries, and
the bureaus and services of the Department.
SEC. 7. Office of the Secretary.—The Office of the Secretary shall consist of the
Secretary and his immediate staff.
SEC. 8. The Secretary.—The Secretary shall be appointed by the President, sub-
ject to confirmation by the Commission on Appointments.
No officer, external auditor, accountant, or legal counsel of any private company or
enterprise primarily engaged in the energy industry shall be eligible for appointment as
Secretary within two (2) years from his retirement, resignation, or separation there-
from.
The Secretary shall have the following functions:
412
ENERGY
a. Establish policies and standards for the effective, efficient and economical op-
eration of the Department in accordance with the programs of the government;
b. Exercise direct supervision and control over all functions and activities of the
Department, as well as all its officers and personnel;
c. Devise a program of international information on the geological and contrac-
tual conditions obtaining in the Philippines for oil and gas exploration in order to ad-
vance the industry;
d. Create regional offices and such other service units and divisions as may be
necessary;
e. Create regional or separate grids as may be necessary or beneficial; and
f. Perform such other functions as may be necessary or proper to attain the objec-
tives of this Act.
The Secretary shall be an ex-officio member of the Board of the National Economic
and Development Authority (NEDA). He shall also be a member of the NEDA’s Com-
mittee on Infrastructure (INFRACOM) and the Investment Coordinating Council (ICC).
For this purpose, the provisions of Executive Order No. 292, otherwise known as the
Administrative Code of 1987, relative to the creation and organization of the NEDA and
its component agencies and offices are hereby modified accordingly.
The Secretary shall also be a member of the body authorized to formulate, pre-
scribe, or amend the necessary guidelines for the financing, construction, operation, and
maintenance of infrastructure projects by the private sector, under Republic Act No.
6957, otherwise known as the Build-Operate-Transfer Law.
SEC. 9. The Undersecretaries.—The Secretary shall be assisted by three (3) un-
dersecretaries who shall be appointed by the President upon the recommendation of the
Secretary. They shall have the powers and functions as provided for in Section 10,
Chapter 2, Book 4 of the Administrative Code of 1987.
The Offices of the Undersecretaries shall consist of the undersecretaries and their
respective immediate staff.
SEC. 10. Assistant Secretaries.—The Secretary shall also be assisted by three (3)
Assistant Secretaries, one (1) for operations, one (1) for policy and programs, and an-
other for administrative services. The assistant secretaries shall be appointed by the
President upon the recommendation of the Secretary.
SEC. 11. Qualifications.—No person shall be appointed Secretary, Undersecre-
tary, or Assistant Secretary of the Department unless he is a citizen and resident of the
Philippines, of good moral character, and of proven competence in any of the following
fields: (a) energy or utility economics; (b) public administration; (c) physical or engineer-
ing sciences; (d) management; or (e) law.
SEC. 12. Bureaus and Services.—Subject to the power of the Secretary, with the
approval of the President, to reorganize, restructure, and redefine the functions of the
413
LAND
bureaus and services for the effective discharge of the powers and functions of the De-
partment under this Act, the Department shall have the following bureaus and services:
Energy Resource Development Bureau; Energy Utilization Management Bureau; En-
ergy Industry Administration Bureau; Energy Planning and Monitoring Bureau; and
Administrative Support Services.
The bureaus and services shall have the following powers and functions:
a. Energy Resource Development Bureau—
1. Assist in the formulation and implementation of policies to develop and
increase the domestic supply of local
energy resources like fossil fuels, nuclear
fuels, and geothermal resources;
2. Assist in the formulation of sec-
toral programs and plans relative to the
exploration, development, and extraction
of local energy resources and implement,
monitor, and regularly review said pro-
grams;
3. Conduct energy research and
studies in support of the aforementioned
activities;
4. Provide consultative training and
advisory services to practitioners and
institutions in the areas of regulated ac-
tivities; and
5. Assist in the formulation of finan-
cial and fiscal policies, rules, guidelines,
Power wastage is a cross to bear. and requirements relative to the opera-
(R. Castillo) tions of service contractors and implement
and enforce said policies.
b. Energy Utilization Management Bureau—
1. Assist in the formulation and implementation of policies for the efficient
and economical transformation, conversion, processing, refining, marketing, dis-
tribution, transportation, and storage of petroleum, coal, natural gas, geothermal,
and other non-conventional energy resources such as wind, solar, biomass, and
others; and ensure their efficient and judicious utilization;
2. Monitor sectoral energy consumption and conduct energy audits, techni-
cal training, energy management advisory services, and technology application
projects on efficient energy utilization;
414
ENERGY
3. Develop, promote, and commercialize applications of biomass, solar,

small hydro, wind, wood, and charcoal and other non-conventional energy systems
including new and more efficient and economical transformation, conversion, proc-
essing, refining, marketing, distribution, transportation, and storage technologies
for conventional energy resources;
4. Assist in the formulation of an integrated rural energy program to effecti-
vely address the needs of rural development and environmental programs and im-
plement, monitor, and regularly review said program;
5. Assist in the formulation of an operational plan for the allocation of oil,
fuel, and energy sources in the event of the declaration of critically low energy
supply provided for in Section 25 of this Act;
6. Provide information on energy technology and develop middle and long-
term energy technology development strategies in cooperation with the Depart-
ment of Science and Technology;
7. Monitor the implementation of energy projects in coordination with the
Department of Environment and Natural Resources to ensure compliance with
prescribed environmental standards;
8. Recommend appropriate courses of action to resolve major issues which
may impede energy project siting or result in adverse environmental impact;
9. Require industrial, commercial, and transport establishments to collect
or cause the collection of waste oil for recycling as fuel or lubricating oil; and
10. Develop and implement a continuing energy conservation program de-
signed to optimize energy utilization, including a nationwide information cam-
paign on energy conservation.
c. Energy Industry Administration Bureau—
1. Assist in the formulation of regulatory policies to encourage and guide
the operations of both government and private entities involved in energy resource
supply activities such as independent power production, electricity distribution, as
well as the importation, exportation, stockpiling, storage, shipping, transportation,
refinement, processing, marketing, and distribution of all forms of energy and en-
ergy products, whether conventional or non-conventional;
2. Draw up plans to cope with contingencies of energy supply interruptions;
and
3. Assist in the formulation of financial and fiscal policies, rules, guidelines,
and requirements relative to the operations of entities involved in the supply of
energy resources such as oil companies, petroleum product dealers, coal importing
and distributing companies, natural gas distributing companies, independent
power producers, and all other entities involved in conventional energy supply ac-
tivities and implement and enforce said policies.
415
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d. Energy Planning and Monitoring Bureau—

1. Assist in the development and updating of an integrated energy plan for
the short, medium, and long-term periods to provide a comprehensive assessment
on the demand scenarios and supply options as well as the impacts of energy poli-
cies on the economy, poverty, and environment;
2. Develop and maintain a centralized, comprehensive, and unified data and
information program to ensure the efficient collection, evaluation, analysis, and
dissemination of data and information on reserves of various energy resources,
production, demand, development technology, and related economic and statistical
information which are required for policy formulation, program planning, and im-
plementation;
3. Supervise, coordinate, and integrate the formulation, monitoring, and re-
view of programs and plans for energy supply development such as power devel-
opment, local energy resource development and production, and energy importa-
tion;
4. Regularly review and analyze past and current patterns of energy con-
sumption vis-à-vis growth and development performance of the country’s various
economic sectors to evaluate current and foreseeable trends in energy demand;
and conduct energy supply demand balancing studies to define energy supply and
utilization strategies, estimate the resources required, and assess the energy pro-
gram’s economic, environmental, social, and political impact;
5. Assure the incorporation of national environmental goals in the formula-
tion and implementation of energy programs, and to advance the goals of restor-
ing, protecting, and enhancing environmental quality; and assuring public health
and safety; and
6. Conduct studies on international energy issues that have a direct impact
on supply and utilization of energy and provide technical advice on international
negotiations involving energy resources and technologies.
e. Administrative Support Services.—The Administrative Support Services shall
be composed of the Office of the Legal Counsel and the Financial and Management
Services.
The Office of the Legal Counsel shall be responsible for providing legal advice and
services on all policies, programs, and operational matters of the Department. It shall
provide legal counseling services in cases where the Department is a party and shall
also handle administrative cases against any personnel of the Department and submit
recommendations pertaining to them.
The Financial and Management Services, which shall consist of the Human Re-
sources Management Division, General Services Divisions, and the Financial Manage-
ment Division, shall be responsible for providing the Department with services relative
to personnel information, records, supplies, equipment, collection and disbursements,
416
ENERGY
security and custodial works. It shall also be responsible for providing the Department
with staff advice and assistance on budgetary, financial, and management improvement
matters.
“Not only will atomic power be released, but someday we will harness
the rise and fall of the tides and imprison the rays of the sun.” — Tho-
mas Edison
(Digital Vision)
Chapter III
Attached Agencies and Corporations
SEC. 13. Attached Agencies and Corporations.—The Philippine National Oil

Company (PNOC), the National Power Corporation (NPC), and the National Electrifica-
tion Administration (NEA) are hereby placed under the supervision of the Department,
but shall continue to perform their respective functions insofar as they are not inconsis-
tent with the provisions of this Act. Their annual budget shall be submitted to Congress
for approval. The Secretary shall, in a concurrent capacity, be the ex officio chairman of
the respective boards of the PNOC, NPC, and NEA, unless otherwise directed by the
President: Provided, That in no case shall the Secretary be the chief executive officer or
chief operating officer of the said agencies or their subsidiaries, any law to the contrary
notwithstanding.
To this end, Section 6, paragraph (3) of Presidential Decree No. 927 and Section 8
of Presidential Decree No. 334, providing that the Chairman of the PNOC shall also be
the president and chief executive officer thereof, are accordingly repealed.
417
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The Secretary may recommend to the President the reorganization of the boards of
directors of the PNOC, NPC, and NEA.
SEC. 14. Council of Advisers on Energy Affairs.—A council of advisers on energy
affairs consisting of five (5) members and appointed from the industry, labor, and con-
sumer sectors shall advise the President on the overall energy program, especially on
private sector initiatives and proposals.
The President shall convene the Council within thirty (30) days upon approval of
this Act.
Chapter IV
Transitory Provisions
SEC. 15. Abolition of Agencies.—The Office of Energy Affairs and the Energy
Coordinating Council are hereby abolished subject to Sec. 17 of this Act.
SEC. 16. Transfer of Powers and Functions.—The powers and functions of the
Energy Coordinating Council and the Office of Energy Affairs are hereby transferred to
the Department.
The foregoing transfer of powers and functions shall include all applicable funds
and appropriations, records, equipment, property, and personnel as may be necessary.
The same shall apply to agencies and government units which have not been abol-
ished but whose functions have been transferred to the Department.
As the successor in office of the Office of Energy Affairs, the Department shall ad-
minister the activities of the Technology Transfer for Energy Management (TTEM)
project. For this purpose, the Department shall continue the utilization of all funds,
monies, interests, reflows, and properties outstanding and accruing from the TTEM
project upon its termination for the following purposes:
a. To finance energy conservation projects of industrial and commercial estab-
lishments;
b. To monitor implemented subprojects and document the actual energy savings
generated; and
c. To disseminate information on implemented subprojects through case studies
and seminars/workshops so as to encourage replication by other industrial and commer-
cial establishments.
SEC. 17. Transfer of Rights, Assets, and Liabilities.—The Department shall, by
virtue of this Act, be subrogated to all the rights and assume all the liabilities of the
Office of Energy Affairs, the Energy Coordinating Council, and all other agencies, or
government units whose functions and powers have been transferred to the Depart-
ment, and all their funds, records, property, assets, equipment, and such personnel as
necessary, including the unexpended appropriations and/or allocations. All contracts
418
ENERGY
and liabilities of said offices, agencies, and government units are hereby transferred to
and assumed by the Department and shall be acted upon in accordance with the Audit-
ing Code and other pertinent laws, rules, and regulations: Provided, That the officers
and employees of said offices, agencies, and government units shall continue in a hold-
over capacity until such time as the new officers and employees of the Department shall
have been duly appointed pursuant to the provisions of this Act.
SEC. 18. Rationalization or Transfer of Functions of Attached or Related Agen-
cies.—The non-price regulatory jurisdiction, powers and functions of the Energy Regulatory
92
Board as provided for in Section 3 of Executive Order No. 172 are hereby transferred to
the Department.
The foregoing trans-
fer of powers and functions
shall include all applicable
funds and appropriations,
records, equipment, prop-
erty, and such personnel
as may be necessary: Pro-
vided, That only such
amount of funds and ap-
propriations of the Board
as well as only the person-
nel thereof that are com-
pletely or primarily in-
volved in the exercise by
said Board of its non-price
regulatory powers and
functions shall be affected
by such transfer.
The power of the NPC
to determine, fix, and pre- “Nature does nothing without purpose or uselessly.” — Jo-
scribe the rates being seph Addison
charged to its customers (A. Oposa)
under Section 4 of Repub-
93
lic Act No. 6395, as amended, as well as the power of electric cooperatives to fix rates
under Section 16 (o), Chapter 2 of Presidential Decree No. 269, as amended, are hereby
transferred to the Energy Regulatory Board. The Board shall exercise its new powers
only after due notice and hearing and under the same procedure provided for in Execu-
tive Order No. 172.
_______________________
92
Creating the Energy Regulatory Board [E.O. 172 (8 May 1987)].
93
An Act revising the charter of the National Power Corporation (10 September 1971).
419
LAND
SEC. 19. Structure and Staffing Pattern.—The organizational framework and

staffing pattern of the Department shall be prescribed and approved by the Secretary
within sixty (60) days after the approval of this Act and the authorized positions created
therein shall be filled by regular appointments by the President or the Secretary as the
case may be: Provided, That, in the filling of positions created, preference shall be given
to the personnel of the Office of Energy Affairs, the Energy Coordinating Council, and
the Energy Regulatory Board: Provided, however, That such individuals comply with
the qualification standards set by the Civil Service Commission for the positions that
they shall be appointed to: Provided, finally, That if such individuals possess the same
qualifications, seniority shall be given priority.
SEC. 20. Separation from Service.—Employees separated from the service as a
result of this reorganization shall, within six (6) months from their separation from the
service, receive the retirement benefits to which they may be entitled under existing
laws, rules, and regulations.
Chapter V
Appropriations
SEC. 21. Appropriations.—Such sums as may be necessary for the implementa-

tion of this Act shall be taken from the current fiscal year appropriations of the Office of
Energy Affairs, the Office of Energy Affairs’ special fund created under Section 8 of
94
Presidential Decree No. 910, and such amounts as the President of the Philippines
may allocate from other resources in accordance with law: Provided, That the total
amount shall not exceed Three hundred million pesos (P300,000,000). Thereafter, the
amount needed for the operation and maintenance of the Department shall be included
in the annual General Appropriations Act.
Subject to existing rules and regulations, the funds and monies collected or which
otherwise come into the possession of the Department and its bureaus from fees, sur-
charges, fines, and penalties which the Department and its bureaus may impose and
collect under this Act, as well as an amount to be determined at the beginning of every
calendar year representing twenty percent (20%) of the outstanding balance of the
funds and monies forming part of the special fund under Section 8 of Presidential De-
cree No. 910, shall be disbursed for expenses necessary for the effective discharge of the
powers and functions of the Department under this Act.
Chapter VI
SEC. 22. Disclosure and Divestment of Financial Interest.—Before assumption of

office, the Secretary of the Department, the Undersecretaries, and the Assistant Secre-
taries shall submit to the Civil Service Commission a list of all companies, partner-
_______________________
94
Creating the Energy Development Board.
420
ENERGY
ships, or business enterprises, including non-profit organizations, in which they or any

immediate member of their families within the second degree of consanguinity or affin-
ity have any form of financial interest or employment relationship, including consul-
tancy: Provided, however, That all other forms of employment relationship held by the
heads of the offices of the Department shall be immediately terminated upon assump-
tion of office.
Within thirty (30) days thereafter, complete divestment of financial interests in
any institution, firm, or company which fall under the supervisory or regulatory juris-
diction of the Department shall be made: Provided, however, That, in cases where con-
firmation of appointments by the Commission on Appointments is required, the divest-
ment mandated herein shall be complied with within thirty (30) days after such confir-
mation.
The divestment provided in the preceding paragraph shall likewise apply to the
members of the immediate family within the second degree of consanguinity having
interest in any institution or activity which falls under the regulatory jurisdiction or
supervision of the Department and the attached agencies.
SEC. 23. Relationship with Other Government Departments.—The Department
and its priority projects shall enjoy preferential attention from the Department of Envi-
ronment and Natural Resources relative to the exploration, development, exploitation,
and extraction of petroleum, coal, and geothermal resources, and in the matter of pro-
viding technical support necessary for the establishment of power generating plants.
Upon request of the Department or any of its bureaus, all government agencies
with functions relative to the approval of the projects of the Department or its duly
authorized and endorsed entities, whether government or private, shall act upon and
resolve the matter within ten (10) calendar days. Toward this end, the Secretary, with
the approval of the President, may establish an inter-agency secretariat for the purpose
of expediting the approval of said projects.
SEC. 24. Visitorial Powers.—The Secretary of the Department or his represen-
tatives shall have visitorial and examining authority over non-government entities with
contracts for the exploration, development, or utilization of the natural resources for
energy purposes in order to determine the share of the government in the revenue or
product thereof, and to ascertain all funds collectible and products due the government,
and that all such funds collectible and products due the government, have actually been
collected or delivered.
During such examination, the non-government entity concerned shall produce all
the reports, records, books of accounts, and other papers that may be required.
The refusal by any such non government entity to allow an examination of its
books of accounts and pertinent records or its concealment of any material information
concerning its financial status shall be a breach of its contract with the government and
shall constitute a legal ground for the cancellation thereof.
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LAND
SEC. 25. Contingency Powers.—In time of critically low-energy supply or immi-

nent danger thereof, the President may, upon the determination and recommendation
of the Secretary, issue a declaration of the same. Thereafter, the Secretary is hereby
authorized to implement the fuel and energy allocation plan provided for in Section 12
(b)(5) of this Act, and to formulate and implement other measures for the conservation
of energy including, but not limited to, power or fuel rationing, load curtailment, and
restrictions on the use of government vehicles and resources.
SEC. 26. Repealing Clause.—
All laws, presidential decrees, execu-
tive orders, and rules and regu-
lations, or parts thereof, inconsistent
with the provisions of this Act are
hereby repealed or modified accor-
dingly.
However, in no case are the
95
provisions of Republic Act No. 6969
repealed, amended, or modified by
SEC. 27. Separability
Clause.—If, for any reason, any
section or provision of this Act is
held unconstitutional or invalid, the
other Sections or provisions hereof
shall not be affected thereby.
SEC. 28. Effectivity Clause. “To the dull mind nature is leaden; To the illumi-
—This Act shall take effect after its nated mind the whole world burns and sparkles
complete publication in at least two with light.”—Ralph Waldo Emerson
(2) national newspapers of general (Digital Vision)
circulation.
Approved: December 9, 1992.
Mini-Hydroelectric Power Developers (Republic Act 7196)

SECTION 1. Title.—This Act shall be known as the “Mini-Hydroelectric Power
Incentive Act.”
strengthen and enhance the development of the country’s indigenous and self-reliant
scientific and technological resources and capabilities and their adaptation to the coun-
_______________________
95
An Act to Control Toxic Substances and Hazardous and Nuclear Wastes (26 October
1990).
422
MINI-HYDROELECTRIC POWERS DEVELOPERS
try in order to attain energy self-sufficiency and thereby minimize dependence on out-
side source of energy supply. In pursuance thereof, it is further declared that mini-
hydroelectric power developers shall be granted the necessary incentives and privileges
to provide an environment conducive to the development of the country’s hydroelectric
power resources to their full potential.
SEC. 3. Declaration of Objectives.—The objectives of the framework being estab-
lished for the development of mini-hydroelectric power generation are as follows:
1. To encourage entrepreneurs to develop potential sites for hydroelectric power
existing in their respective localities;
2. To encourage entrepreneurs to develop potential sites for hydroelectric power
existing in the country by granting the necessary incentives which will provide a rea-
sonable rate of return;
3. To facilitate hydroelectric power development by eliminating overlapping ju-
risdiction of the many government agencies whose permits, licenses, clearances and
other similar authorizations issued by various government agencies as presently re-
quired for such development, and by vesting in one agency the exclusive authority and
responsibility for the development of mini-hydroelectric power;
4. To apportion a part of the realty and special privilege taxes and other eco-
nomic benefits of the hydroelectric power potential to the respective localities where
they are established; and
5. To provide a contractual framework wherein some stability of conditions can
be relied upon for long-term financing purposes.
SEC. 4. Definition of Terms.—As used in this Act, the following terms shall be
understood, applied, and construed as follows:
1. Hydroelectric power shall refer to the electric power produced by utilizing the
kinetic energy of falling or running water to turn a turbine generator;
2. Mini-hydroelectric power plant shall refer to an electric power-generating
plant which: (a) utilizes the kinetic energy of falling or running water (run-of-river
hydro plants) to turn a turbine generator producing electricity; and (b) has an installed
capacity of not less than 101 kilowatts nor more than 10,000 kilowatts.
3. Mini-hydroelectric power development shall refer to the construction and in-
stallation of a hydroelectric power-generating plant and its auxiliary facilities such as
transmission, substation and machine shop with an installed capacity of not less that
101 kilowatts nor more than 10,000 kilowatts;
4. Mini-hydroelectric power developer or developer shall refer to any individual,
cooperative, corporation or association engaged in the construction and installation of a
hydroelectric power-generating plant with an installed capacity of not less than 101
kilowatts nor more than 10,000 kilowatts;
423
LAND
5. Domestic use shall refer to the utilization of water for drinking, washing, bath-
ing, cooking or other household needs, home gardens and watering of lawns or for do-
mestic animals;
6. Municipal use shall refer to the utilization of water for supplying the water re-
quirements of the community; and
7. Irrigation use shall refer to the utilization of water for producing agricultural
crops.
96
SEC. 5. Agency in Charge.—The Office of Energy Affairs, hereinafter referred
to as the OEA, shall be the sole and exclusive authority responsible for the regulation,
promotion and administration of mini-hydroelectric power development and the imple-
mentation of the provisions of this Act.
SEC. 6. Powers and Duties of the OEA.—The OEA shall exercise the following
powers and duties:
1. Within six (6) months from approval of this Act, promulgate, in consultation
with the National Water Resources Board (NWRB), such rules and regulations as may
be necessary for the proper implementation and administration of this Act;
2. Process and approve applications for mini-hydroelectric power development,
imposing such terms and conditions as it may deem necessary to promote the objectives
of this Act, subject to the following standards, namely:
The applicant must be a citizen of the Philippines or a corporation, partnership,
association or joint stock company, constituted and organized under the laws of the
Philippines, at least sixty percent (60%) of the stock or paid-up capital of which belongs
to citizens of the Philippines;
The applicant must prove that the operation of the proposed mini-hydroelectric
project and the authorization to do business will promote the public interest in a proper
and suitable manner and, for this purpose, within six (6) months from approval of this
Act, formulate, in consultation with the National Economic and Development Authority
(NEDA), the National Electrification Administration (NEA), and the Department of
Trade and Industry (DTI), standards to measure the technical and financial capability
of the developer; and
The applicant must be financially capable of undertaking the proposed mini-
hydroelectric project and meeting the responsibilities incident to its operations;
3. Charge reasonable fees in connection with the filing, processing, evaluation,
and approval of applications for mini-hydroelectric power development in all suitable
sites in the country;
4. Exclusive authority to issue permits and licenses relative to mini-hydroelectric
power development;
_______________________
96
Now the Department of Energy.
424
MINI-HYDROELECTRIC POWERS DEVELOPERS
5. Require the developer to post a bond or other guarantee of sufficient amount in

favor of the government and with surety or sureties satisfactory to the OEA upon the
faithful performance by the contractor of any or all of the obligations under and pursu-
ant to the contract within sixty (60) days after the effective date of the contract; and
6. Generally, exercise all the powers necessary or incidental to attain the pur-
poses of this Act and other laws vesting additional powers on the OEA.
SEC. 7. Sale of Power.—The mini-hydroelectric power developer must first offer
to sell electric power to either the National Power Corporation (NPC), franchised pri-
vate electric utilities or electric cooperatives at a price per kilowatt-hour based on the
NPC’s or the utility’s avoided cost which shall refer to the costs of the affected grids had
NPC generated the equivalent electric power itself before disposing the power to third
parties. The NPC shall allow the mini-hydroelectric developer to deliver its generated
electricity to the developer’s customers through existing NPC lines so as to serve such
third parties under terms which are to be mutually agreed upon or, if no agreement can
be reached, under terms set by the OEA.
SEC. 8. Nonexclusive Development.—Development of less than fifty percent
(50%) of the hydroelectric power potential of the proposed site shall be nonexclusive.
The OEA, after a thorough review and evaluation of its technical and economic viabil-
ity, may grant the development of the site to its full power potential to any qualified
developer; Provided, That first option shall be given to the original developer; Provided,
further, That in case the original developer forfeits his option to pursue development of
the hydroelectric power resource to its full potential, it shall be reimbursed by the suc-
cess or developer of the value of its investment based on the declared value of the devel-
opment for real estate tax purposes over the immediately preceding three (3) years or,
in case the declared value over said period differs, on the average value thereof.
SEC. 9. Mandatory Restoration Work.—In all cases where the proposed mini-
hydroelectric power development entails the closure or stoppage of existing water out-
lets, passageways, connections, conduits, apertures or the like from the water source, it
shall be mandatory for the developer to restore or re-engineer such water outlets, pas-
sageways, connections, conduits, apertures or the like on its account or expense, and in
such manner that existing users or appropriators shall not be permanently deprived of
their use or appropriation.
SEC. 10. Tax Incentives.—Any person, natural or juridical, authorized to engage
in mini-hydroelectric power development shall be granted the following tax incentives
or privileges:
1. Special Privilege Tax Rates.—The tax payable by grantees to develop potential
sites for hydroelectric power and to generate, transmit and sell electric power shall be
two percent (2%) of their gross receipts from the sale of electric power and from transac-
tions incident to the generation, transmission and sale of electric power. Such privilege
tax shall be made payable to the Commissioner of Internal Revenue or his duly author-
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LAND
ized representative on or before the 20th day of the month following the end of each
calendar or fiscal quarter;
2. Tax and Duty free Importation of Machinery, Equipment and Materials.—
Within seven (7) years from the date of award, importation of machinery and equip-
ment, materials and parts shipped with such machinery and equipment including con-
trol and communication equipment shall not be subject to tariff duties and value added
tax; Provided, That the said machinery, equipment, materials and parts: (a) are not
manufactured domestically in reasonable quantity and quality at reasonable prices; (b)
are directly and actually needed and will be used exclusively in the construction and
impounding of water, transformation into energy, and transmission of electric energy to
the point of use; and (c) are covered by shipping documents in the name of the duly
registered developer to whom the shipment will be directly delivered by customs au-
thorities; Provided, further, That prior approval of the OEA was obtained before the
importation of such machinery, equipment, materials and parts was made;
3. Tax Credit on Domestic Capital Equipment.—A tax credit equivalent to one
hundred percent (100%) of the value of the value added tax and customs duties that
would have been paid on the machinery, equipment, materials and parts had these
items been imported shall be given to an awardee developer who purchases machinery,
equipment, materials and parts from a domestic manufacturer; Provided, That such
machinery, equipment, materials and parts are directly needed and will be used exclu-
sively by the awardee developer; Provided, further, That prior approval by the OEA was
obtained by the local manufacturer; Provided, finally, That the sale of such machinery,
equipment, materials and parts shall be made within seven (7) years from the date of
award;
4. Special Realty Tax Rates on Equipment and Machinery.—Any provision of the
Real Property Tax Code or any other law to the contrary notwithstanding, realty and
other taxes on civil works, equipment, machinery and other improvements of a regis-
tered mini-hydroelectric power developer shall not exceed two and a half percent (2.5%)
of their original cost;
5. Value Added Tax Exemption.—Exemption from the ten percent (10%) value
added tax on the gross receipts derived from the sale of electric power whether through
the NPC grid or through existing electric utility lines; and
6. Income Tax Holiday.—For seven (7) years from the start of commercial opera-
tion, a registered mini-hydroelectric power developer shall be fully exempt from income
taxes levied by the National Government.
SEC. 11. Disposition and Allotment of Special Privilege Taxes.—If the mini-
hydroelectric power development is located in a city, sixty percent (60%) of the special
privilege taxes collected shall accrue to the city and forty percent (40%) to the national
government.
426
NON-CONVENTIONAL ENERGY RESOURCES
If the mini-hydroelectric power development is located in a municipality, thirty

percent (30%) of the special privilege taxes collected shall accrue to the municipality,
thirty percent (30%) to the province and forty percent (40%) to the national government.
SEC. 12. Term of Contract.—The term of contract shall be for a period of twenty-
five (25) years extendible for another twenty-five (25) years under the same original
terms and conditions; Provided, That said awardee has complied faithfully with all
terms and conditions of the award.
SEC. 13. Official Development Assistance.—The provision of Executive Order
97
No. 230 of 1987, on the power of the NEDA Board, and rules and regulations govern-
ing the evaluation and authorization for the availment of Official Development Assis-
tance notwithstanding, the privatization of the mini-hydroelectric power plants as pro-
vided for in this Act shall be eligible for foreign loans and grants without further
evaluation by the NEDA Board, subject to Section 21, Article 12 of the Constitution.
SEC. 14. Reporting Requirements.—The OEA shall submit an annual report to
the Congress of the Philippines with respect to the implementation of this Act.
SEC. 15. Repealing Clause.— All laws, decrees, executive orders, rules and regu-
lations, or parts thereof, inconsistent with this Act are hereby repealed, amended or
modified accordingly.
SEC. 16. Effectivity.—This Act shall take effect fifteen (15) days after its publica-
tion in at least two (2) newspapers of general circulation.
Approved: September 12, 1991.
Non-Conventional Energy Resources (Presidential Decree No. 1068)

Whereas, it is imperative to accelerate the development not only of indigenous
conventional energy resources but also of those non-conventional alternatives which
have great potential for immediate and future applications such as but not limited to
solar, wind, tidal and biomass energy;
Whereas, it is essential in the interest of efficiency, economy and effectiveness to
integrate in a single governmental entity the planning, coordination and control of the
research, development and utilization efforts and programs in non-conventional forms
of energy resources of the various government agencies and instrumentalities, including
government owned and controlled corporations;
the powers and functions vested in me by the Constitution, do hereby order and decree
the following as part of the law of the land:
SECTION 1. Declaration of Policy.—It is the declared policy of the State to
achieve self-reliance in the country’s energy requirements primarily through the inten-
_______________________
97
Creating the Energy Development Board.
427
LAND
sified exploration, development, exploitation and utilization of indigenous conventional

energy resources such as petroleum, coal, natural gas and liquids, water and geother-
mal resources and nuclear fuel resources; and non-conventional alternatives such as
solar, wind, tidal and biomass energy which have great potential for immediate and
future applications. In furtherance of this policy there is an urgent need to coordinate,
integrate and control the pursuit of research, development and utilization efforts of all
government agencies and instrumentalities pursuant to and in accordance with a com-
prehensive national energy program.
SEC. 2. Definition of Terms.—As used in this Decree, the following words and
phrases shall have the following respective meanings:
a. Non-conventional
energy resources refers to
those energy resources in
which the conversion or uti-
lization technology for
large-scale (megawatt le-
vel) applications are not as
well-developed and/or wide-
ly used as those for fossil
fuels, hydrogeothermal and
conventional nuclear. In
general, these resources
would include the direct
and indirect forms of solar,
tidal, nuclear converter and
breeder reactors and fu-
sion.
b. Direct solar energy
means the energy content
“Nature goes her own way and all that to us seems an exception is
of solar radiation harnes- really according to order.” — Johann Wolfgangvon Goethe
sed by collecting sunlight in
(A. Oposa)
manmade devices such as
flatplate or focusing solar collectors.
c. Indirect solar energy means the energy content of solar radiation harnessed by
initially collecting sunlight in a natural manner such as absorption by land, atmos-
phere, ocean surface and plants. This natural collection mode gives rise to winds (by
thermal gradients in the atmosphere), produces organic matter or biomass and creates
ocean thermal gradients between the surface and its depths.
d. Biomass refers to organic matter, whether living or not. This would include,
among others, trees, algae, animal and agricultural wastes and decaying plants in
swamps.
428
e. Bioconversion to fuels refers to the various processes, natural or synthetic, by

which a solid, liquid or gaseous fuel is produced by utilizing biomass feedstock, for ex-
ample, anaerobic fermentation of animal manure to yield biogas; combustion of firewood
to yield heat, steam or power, fermentation of agricultural crops or byproducts to yield
substitute fuels such as alcohol.
f. Biogas is a fuel gas consisting of 50 to 70 percent methane and the rest non-
combustible gases produced by the anaerobic fermentation of organic waste.
g. Energy plantation is a scheme whereby fast-growing crops or trees such as
ipil-ipil are deliberately and systematically planted in order to continuously provide
fuel to a power generating station located at the site.
h. Comprehensive national energy program for purposes of this Decree is a pro-
gram of research, development or utilization of non-conventional energy resources duly
approved by the Energy Development Board.
SEC. 3. Powers and Functions of the Energy Development Board.—In addition to
its powers and functions enumerated in Presidential Decree No. 910 and other laws,
rules and regulations, the Energy Development Board shall exercise the following pow-
ers and functions:
1. Formulate and direct the implementation of a comprehensive national energy
program, subject to periodic review and revisions on non-conventional energy research,
development and utilization.
2. Integrate, coordinate, direct and control all research, development and utiliza-
tion efforts, programs and projects in non-conventional energy resources of all govern-
ment agencies and instrumentalities including government-owned and controlled corpo-
rations.
3. Review and approve all ongoing or planned research, development and utiliza-
tion projects on non-conventional energy whether basic or applied in nature, supported
or planned to be supported by government funds or funds obtainable elsewhere through
government intercession or assistance.
4. Formulate criteria for determining priority for proposed research, development
and utilization projects on non-conventional energy resources and accordingly identify
and select execution, financing and funding schemes.
5. Designate project implementors, coordinate and monitor the progress of all
projects and activities, ongoing or planned projects, in the implementation of the com-
prehensive national energy program.
6. Provide necessary and appropriate supportive efforts to the non-conventional
energy research, development and utilization program such as the launching of a vigor-
ous information and promotions drive assistance and entry of suitable foreign expertise
in order to accelerate the pace of local research, development and utilization and the
training of qualified Filipino personnel in the various aspects of non-conventional en-
ergy, proliferation of those applications in which technologies have proven viable, such
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LAND
as biogas generation, windmills for water, pumping and power generation from agricul-
tural and industrial wastes, establishment of demonstration systems like solar water
heaters, solar air-conditioning and energy plantations.
7. Develop and implement specific programs requiring the participation not only
of government agencies and instrumentalities but also the private sector.
8. Grant incentives provided for
herein and propose and recommend the
grant of such other incentives as shall be
necessary and appropriate to enter-
prises, industries and individuals who
shall conduct their own or participate in
research and development or apply
currently available non-conventional
energy technology to their industrial
processes or homes.
9. Promulgate such rules and
regulations as may be necessary to im-
plement the objectives and provisions of
this Decree.
SEC. 4. Incentives.—The provi-
sions of any law to the contrary notwith-
standing any person, whether natural or
juridical, who will directly participate in
the national program to accelerate re-
search, development and utilization of
non-conventional energy sources shall
have the following privileges:
a. Costs incurred in the estab-
lishment and construction of non-
conventional energy conversion facilities
or equipment duly certified by the En-
ergy Development Board may, at the
option of the taxpayer, be directly
“Whatever it is you can do or dream you can, chargeable to expense and shall be fully
begin it. In boldness there is genius, power, deductible as such from gross income in
and magic.”— Johann Wolfgang Von the year wherein such expenses were
Goethe
incurred.
(A. Oposa, Sunrise in Bantayan
Island) b. Exemption from payment of
) tariff duties and compensating tax on
the importation of machinery and equipment, and spare parts and all materials re-
quired in the establishment and construction of non-conventional energy facilities or
equipment subject to the conditions that said machinery, equipment, spare parts and
430
materials of comparable price and quality are not manufactured domestically; are di-
rectly and actually needed and will be used exclusively by the taxpayer in the estab-
lishment and construction of non-conventional facilities or equipment; are covered by
shipping documents in the name of the taxpayer to whom the shipment will be deliv-
ered direct by the customs authorities; and prior approval of the Energy Development
Board was obtained by the taxpayer before the importation of such machinery, equip-
ment spare parts and materials which approval shall not be unreasonably withheld:
Provided, however, that the taxpayer may not sell, transfer or dispose of these machin-
ery, equipment, spare parts or materials without the prior approval of the Energy De-
velopment Board and payment of taxes due the government: Provided, further, That
should the taxpayer sell, transfer, or dispose of these machinery, equipment, spare
parts or materials without the prior consent of the Energy Development Board, it shall
be twice the amount of the tax exemption granted: Provided, finally, That the Energy
Development Board shall allow and approve the sale, transfer, or disposition of the said
items without tax, if made: (1) to another taxpayer who will establish and construct
non-conventional energy conversion facilities or equipment; (2) for reason of technical
obsolescence; or (3) for purposes of replacement to improve and/or expand the opera-
tions of the taxpayer.
c. Government financial institutions such as the Development Bank of the Phil-
ippines, the Philippine National Bank, the Government Service Insurance System, the
Land Bank of the Philippines and such other government institutions as are now en-
gaged or may hereafter engage in financing of investment operations shall, in accor-
dance with and to the extent allowed by the enabling provisions of their respective char-
ters or applicable laws, accord high priority to applications for financial assistance by
individual s/enterprises/industries participating in the national program to accelerate
the research, development and utilization of non-conventional energy sources, as duly
recommended and endorsed by the Development Board.
SEC. 5. Assistance by Other Government Agencies/ Offices and Corporations.—
All government agencies and instrumentalities including government owned or con-
trolled corporations in addition to being implementors of the comprehensive national
energy program when so designated, shall extend whatever assistance that may be
required by the Energy Development Board, including but not limited to the detail to
the Board of such of their employees, scientists and technical personnel.
SEC. 6. Appropriations.—The sum of ten million pesos (P10,000,000.00) is
hereby appropriated out of any available funds in the National Treasury not otherwise
appropriated as operating funds of the Energy Development Board to fully carry out
and implement the functions and objectives provided in this Decree for the period from
the effective date of this Decree up to and including the fiscal year ending December 31,
1977. Thereafter, amounts required by the Energy Development Board shall be in-
cluded annually in the General Appropriation Decree.
SEC. 7. Repealing Clause.—All laws, decrees, orders, rules and regulations or
parts thereof which are inconsistent with any of the provisions of this Decree are hereby
repealed or modified accordingly.
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SEC. 8. Effectivity.—This Decree shall take effect immediately.

Done in the City of Manila, this 13th day of January, 1977.
BIOFUELS ACT (RA 9367)

REPUBLIC ACT NO. 9367—AN ACT TO DIRECT THE USE OF BIOFUELS, ESTAB-
LISHING FOR THIS PURPOSE THE BIOFUEL PROGRAM, APPROPRIATING
FUNDS THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Con-

gress assembled:
SECTION 1. Short Title.—This Act shall be known as the “Biofuels Act of 2006”.
the policy of the State to
reduce dependence on impor-
ted fuels with due regard to
the protection of public health,
the environment, and natural
ecosystems consistent with the
country’s sustainable economic
growth that would expand
opportunities for livelihood by
mandating the use of biofuels
as a measure to:
a) develop and utilize
indigenous renewable and sus-
tainably sourced clean energy
sources to reduce dependence
on imported oil;
b) mitigate toxic and
greenhouse gas (GHG) emis-
sions;
c) increase rural em- (A. Oposa)
ployment and income; and
d) ensure the availability of alternative and renewable clean energy without any
detriment to the natural ecosystem, biodiversity and food reserves of the country.
SEC. 3. Definition of Terms.—As used in this Act, the following terms shall be
taken to mean as follows:
432
BIOFUELS ACT
a) AFTA—shall refer to the ASEAN Free Trade Agreement initiated by the Asso-
ciation of Southeast Asian Nations;
b) Alternative Fuel Vehicles/Engines—shall refer to vehicles/engines that use al-
ternative fue1s such as biodiesel, bioethanol, natural gas, electricity, hydrogen and
automotive LPG, instead of gasoline and diesel;
c) Bioethanol—shall refer to ethanol (C2H5OH) produced from feedstock and
other biomass;
d) Biodiesel—shall refer to Fatty Acid Methyl Ester (FAME) or mono-alkylesters
derived from vegetable oils or animal fats and other biomass-derived oils that shall be
technically proven and approved by the DOE for use in diesel engines, with quality
specifications in accordance with the Philippine National Standards (PNS);
d) Bioethanol Fuel—shall refer to hydrous or anhydrous bioethanol suitably de-
natured for use as motor fuel, with quality specifications in accordance with the PNS;
e) Biofuel—shall refer to bioethanol and biodiesel and other fuels made from bio-
mass and primarily used for motive, thermal and power generation, with quality speci-
fications in accordance with the PNS;
f) Biomass—shall refer to any organic matter, particularly cellulosic or ligno-
cellulosic matter, which is available on a renewable or recurring basis, including trees,
crops and associated residues, plant fiber, poultry litter and other animal wastes, in-
dustrial wastes, and the biodegradable component of solid waste;
g) DA—shall refer to the Department of Agriculture created under Executive Or-
der No. 116, as amended;
h) Diesel—shall refer to refined petroleum distillate, which may contain small
amounts of hydrocarbon or non-hydrocarbon additives to improve ignition quality or
other characteristics, suitable for compression ignition engine and other suitable types
of engines with quality specifications in accordance with the PNS;
i) DENR—shall refer to the Department of Environment and Natural Resources
created under Executive Order No. 192, as amended;
j) DOE—shall refer to the Department of Energy created under Republic Act No.
7638, as amended;
k) DOLE—shall refer to the Department of Labor and Employment created under
Executive Order No. 126, as amended;
l) DOF—shall refer to the Department of Finance created under Administrative
Order Nos. 127 and 127-A;
m) DOST—shall refer to the Department of Science and Technology created under
Republic Act No. 2067;
n) DOTC—shall refer to the Department of Transportation and Communications
created under Executive Order No. 125-A, as amended;
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o) DTI—shall refer to the Department of Trade and Industry created under Ex-
ecutive Order No. 133;
p) Feedstock—shall refer to organic sources such as molasses, sugarcane, cassava,
coconut, jatropha, sweet sorghum or other biomass used in the production of biofue1s;
q) Gasoline—shall refer to volatile mixture of liquid hydrocarbon, generally con-
taining small amounts of additives, suitable for use as a fuel in spark-ignition internal
combustion engines with quality specifications in accordance with the PNS;
r) Motor fuel—shall refer to all volatile and inflammable liquids and gas pro-
duced, blended or compounded for the purpose of which are suitable or practicable for,
operating motor vehicles;
s) MTBE—shall refer to Methyl Tertiary Butyl Ether;
t) NBB or Board—shall refer to the National Biofuel Board created under Sec-
tion 8 of this Act;
u) Oil Company—shall refer to any entity that distributes and sells petroleum
fuel products;
v) Oxygenate—shall refer to substances, which, when added to gasoline, increase
the amount of oxygen in that gasoline blend;
w) PNS—shall refer to the Philippine National Standards, consistent with Sec-
tion 26 of R.A. No. 8749, otherwise known as the “Philippine Clean Air Act of 1999”;
x) Renewable Energy Sources—shall refer to energy sources that do not have an
upper limit on the total quantity to be used. Such resources are renewable on a regular
basis; and
y) WID—shall refer to the World Trade Organization.
SEC. 4. Phasing Out of the Use of Harmful Gasoline Additives and/or Oxygen-
ates.—Within six months from the effectivity of this Act, the DOE, according to duly
accepted international standards, shall gradually phase out the use of harmful gasoline
additives such as, but not limited to, MTBE.
SEC. 5. Mandatory Use of Biofuels.—Pursuant to the above policy, it is hereby
mandated that all liquid fuels for motors and engines sold in the Philippines shall con-
tain locally-sourced biofuels components as follows:
5. 1 Within two years from the effectivity of this Act, at least five percent (5%)
bioethanol shall comprise the annual total volume of gasoline fuel actually sold and
distributed by each and every oil company in the country, subject to the requirement
that all bioethanol blended gasoline shall contain a minimum of five percent (5%) bio-
ethanol fuel by volume: Provided, That the ethanol blend conforms to PNS.
5.2 Within four years from the effectivity of this Act, the NBB created under this
Act is empowered to determine the feasibility and thereafter recommend to DOE to
mandate a minimum of ten percent (10%) blend of bioethanol by volume into all gaso-
line fuel distributed and sold by each and every oil company in the country.
434
BIOFUELS ACT
In the event of supply shortage of locally produced bioethanol during the four-year
period, oil companies shall be allowed to import bioethanol but only to the extent of the
shortage as may be determined by the NBB.
5.3 Within three months from the effectivity of this Act, a minimum of one per-
cent (1%) biodiesel by volume shall be blended into all diesel engine fuels sold in the
country: Provided, That the biodiesel blend conforms to PNS for biodiesel.
Within two years from the effectivity of this Act, the NBB created under this Act is
empowered to determine the feasibility and thereafter recommend to DOE to mandate a
minimum of two percent (2%) blend of biodiesel by volume which may be increased
taking into account considerations including but not limited to domestic supply and
availability of locally-sourced biodiesel component.
SEC. 6. Incentive Scheme.—To encourage investments in the production, distri-
bution and use of locally produced biofuels at and above the minimum mandated
blends, and without prejudice to enjoying applicable incentives and benefits under ex-
isting laws, rules and regulations, the following additional incentives are hereby pro-
vided under this Act.
a) Specific tax
The specific tax on local or imported biofuels component, per liter of volume shall
be zero (0). The gasoline and diesel fuel component shall remain subject to the prevail-
ing specific tax rates.
b) Value Added Tax
The sale of raw material used in the production of biofuels such as, but, not limited
to, coconut, jatropha, sugarcane, cassava, corn, and sweet sorghum shall be exempt
from the value added tax.
c) Water Effluents
All water effluents, such as but not limited to distillery slops from the production
of biofuels used as liquid fertilizer and for other agricultural purposes are considered
“reuse”, and are therefore, exempt from wastewater charges under the system provided
under Section 13 of RA No. 9275, also known as the Philippine Clean Water Act: Pro-
vided, however, That such application shall be ill accordance with the guidelines issued
pursuant to RA No. 9275, subject to the monitoring and evaluation by DENR and ap-
proved by DA.
d) Financial Assistance
Government financial institutions, such as the Development Bank of the Philip-
pines, Land Bank of the. Philippines, Quedancor and other government institutions
providing financial services shall, in accordance with and to the extent allowed by the
enabling provisions of their respective charters or applicable laws, accord high priority
to extend financing to Filipino citizens or entities, at least sixty percent (60%) of the
capital stock of which belongs to citizens of the Philippines that shall engage in activi-
435
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ties involving production, storage, handling and transport of biofuel and biofuel feed-
stock, including the blending of biofuels with petroleum, as certified by the DOE.
SEC. 7. Powers and Functions of the DOE.—In addition to its existing powers
and functions, the DOE is hereby mandated to take appropriate and necessary actions
to implement the provisions of this Act. In pursuance thereof, it shall within three
months from the effectivity of this Act:
a) Formulate the implementing rules and regulations under Section 15 of this
Act;
b) Prepare the Philippine Biofuel Program consistent with the Philippine Energy
Plan and taking into consideration the DOE’s existing biofuels program;
c) Establish technical fuel quality standards for biofuels and biofuel-blended
gasoline and diesel which comply with the PNS;
d) Establish guidelines for the transport, storage and handling of biofuels;
e) Impose fines and penalties against persons or entities found to have commit-
ted any of the prohibited acts under Section 12 (b) to (e) of this Act;
f) Stop the sale of biofuels and biofuel-blended gasoline and diesel that are not in
conformity with the specifications provided for under Section 5 of this Act, the PNS and
corresponding issuances of the Department; and
g) Conduct an information campaign to promote the use of biofuels.
SEC. 8. Creation of the National Biofuel Board (NBB).
The National Biofuel Board is hereby created. It shall be composed of the Secre-
tary of the DOE as Chairman and the Secretaries of the DTI, DOST, DA, DOF, DOLE,
and the Administrators of the PCA, and the SRA, as members.
The DOE Secretary, in his capacity as Chairperson, shall, within one month from
the effectivity of this Act, convene the NBB.
The Board shall be assisted by a Technical Secretariat attached to the Office of the
Secretary of the DOE. It shall be headed by a Director to be appointed by the Board.
The number of staff of the Technical Secretariat and the corresponding positions shall
be determined by the Board, subject to approval by the Department of Budget and
Management (DBM) and existing civil service rules and regulations.
SEC. 9. Powers and Functions of the NBB.—The NBB shall have the following
powers and functions:
a) Monitor the implementation of, and evaluate for further expansion, the Na-
tional Biofuel Program (NBP) prepared by the DOE pursuant to Section 7 (b) of this
Act;
b) Monitor the supply and utilization of biofuels and biofuel-blends and recom-
mend appropriate measures in cases of shortage of feedstock supply for approval of the
Secretary of DOE. For this purpose:
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BIOFUELS ACT
1. The NBB is empowered to require all entities engaged in the production,

blending and distribution of biofuels to submit reports of their actual and projected
sales and inventory of biofuels, in a format to be prescribed for this purpose; and
2. The NBB shall determine availability of locally-sourced biofuels and rec-
ommend to DOE the appropriate level or percentage of locally-sourced biofuels to
the total annual volume of gasoline and diesel sold and distributed in the country.
c) Review and recommend to DOE the adjustment in the minimum mandated
biofuel-blends subject to the availability of locally-sourced biofuels: Provided, That the
minimum blend may be decreased only within the first four years from the effectivity of
this Act. Thereafter, the minimum blends of five percent (5%) and two percent (2%) for
bioethanol and biodiesel, respectively, shall not be decreased;
d) Recommend to DOE a program that will ensure the availability of alternative
fuel technology for vehicles, engines and parts in consonance with the mandated mini-
mum biofuel-blends, and to maximize the utilization of biofuels, including other biofu-
els;
e) Recommend to DOE the use of biofuel-blends in air transport taking into ac-
count safety and technical viability; and
f) Recommend specific actions to be executed by the DOE and other appropriate
government agencies concerning the implementation of the NBP, including its eco-
nomic, technical, environment and social impact.
SEC. 10. Security of Domestic Sugar Supply.—Any provision of this Act to the
contrary notwithstanding, the SRA, pursuant to its mandate, shall, at all times, ensure
that the supply of sugar is sufficient to meet the domestic demand and that the price of
sugar is stable.
To this end, the BRA shall recommend and the proper agencies shall undertake
the importation of sugar whenever necessary and shall make appropriate adjustments
to the minimum access volume parameters for sugar in the Tariff and Customs Code.
SEC. 11. Role of Government Agencies.—To ensure the effective implementation
of the NBP, concerned agencies shall perform the following functions:
a) The DOF shall monitor the production and importation of biofuels through the
Bureau of Internal Revenue (BIR) and the Bureau of Customs (BOC);
b) The DOBT and the DA shall coordinate in identifying and developing viable
feedstock for the production of biofuels;
c) The DOST, through the Philippine Council for Industry and Energy Research
and Development (PCIERD), shall develop and implement a research and development
program supporting a sustainable improvement in biofuel production and utilization
technology. It shall also publish and promote related technologies developed locally and
abroad;
d) The DA through its relevant agencies shall:
437
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(1) Within three months from the effectivity of this Act, develop a national
program for the production of crops for use as feedstock supply. For this purpose,
the Administrators of the SRA and the PCA, and other DA, attached agencies
shall, within their authority, develop and implement policies supporting the Phil-
ippine Biofuel Program and submit the same to the Secretary of the DA for consi-
deration;
(2) Ensure increased productivity and sustainable supply of biofuel feed-
stocks. It shall institute a program that would guarantee that a sufficient and reli-
able supply of feedstocks is allocated for biofuel production; and
(3) Publish information on available and suitable areas for cultivation and
production of such crops.
e) The DOLE shall:
(1) Promote gainful livelihood opportunities and facilitate productive em-
ployment through effective employment services and regulation;
(2) Ensure the access of workers to productive resources and social protec-
tion coverage; and
(3) Recommend plans, policies and programs that will enhance the social
impact of the NBP.
f) The Tariff Commission, in coordination with the appropriate government agen-
cies, shall create and classify a tariff line for biofuels and biofuel-blends in consideration
of WTO and AFTA agreements; and
g) The local government units (LGUs) shall assist the DOE in monitoring the dis-
tribution, sale and use of biofuels and biofuel-blends.
SEC. 12. Prohibited Acts.—The following acts shall be prohibited:
a) Diversion of biofuels, whether locally produced or imported, to purposes other
than those envisioned in this Act;
b) Sale of biofuel-blended gasoline or diesel that fails to comply with the minimum
biofuel-blend by volume in violation of the requirement under Section 5 of this Act;
c) Distribution, sale and use of automotive fuel containing harmful additives
such as, but not limited to, MTBE at such concentration exceeding the limits to be de-
termined by the NBB;
d) Noncompliance’ with the established guidelines of the PNS and DOE adopted
for the implementation of this Act; and
e) False labeling of gasoline, diesel, biofuels and biofuel-blended gasoline and die-
sel.
SEC. 13. Penal Provisions.—Any person, who willfully aids or abets in the com-
mission of a crime prohibited herein or who causes the commission of any such act by
another shall be liable in the same manner as the principal.
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BIOFUELS ACT
In the case of association, partnership or corporations, the penalty shall be im-

posed on the partner, president, chief operating officer, chief executive officer, directors
or officers, responsible for the violation.
The commission of an act enumerated in Section 12, upon conviction thereof, shall
suffer the penalty of one year to five years imprisonment and a fine ranging from a
minimum of One million pesos (P1,000,000.00) to Five million pesos (P5,000,000.00).
In addition, the DOE shall confiscate any amount of such products that fail to
comply with the requirements of Sections 4 and 5 of this Act, and implementing issu-
ances of the DOE. The DOE shall determine the appropriate process and the manner of
disposal and utilization of the confiscated products. The DOE is also empowered to stop
and suspend the operation of businesses for refusal to comply with any order or instruc-
tion of the DOE Secretary in the exercise of his functions under this Act.
Further, the DOE is empowered to impose administrative fines and penalties for
any violation of the provisions of this Act, implementing rules and regulations and other
issuances relative to this Act.
SEC. 14. Appropriations.—Such sums as may be necessary for the initial im-
plementation of this Act shall be taken from the current appropriations of the DOE.
Thereafter, the fund necessary to carry out the provisions of this Act shall be included
in the annual General Appropriations Act.
SEC. 15. Implementing Rules and Regulations (IRR).—The DOE, in consultation
with the NBB, the stakeholders and other agencies concerned, shall within three months
from the effectivity of this Act, promulgate the IRR of this Act: Provided, That prior to its
effectivity, the draft of the IRR shall be posted at the DOE website for at least one month,
and shall be published in at least two newspapers of general circulation.
SEC. 16. Congressional Oversight Committee.—Upon the effectivity of this Act, a
Congressional Committee, hereinafter referred to as the Biofuels Oversight Committee,
is hereby constituted. The Biofuels Oversight Committee shall be composed of fourteen
(14) members, with the Chairmen of the Committees on Energy of both Houses of Con-
gress as co-chairmen. The Chairmen of the Committees on Agriculture and Trade and
Industry shall be ex-officio members. An additional four members from each House, to
be designated by the Senate President and the Speaker of the House of Representatives,
respectively. The minority shall be entitled to pro-rata representation but shall have at
least one representative in the Biofuels Oversight Committee.
SEC. 17. Benefits of Biofuel Workers.—This Act shall not in any way result in
the forfeiture or diminution of the existing benefits enjoyed by the sugar workers as
prescribed under R.A. No. 6982, or the Sugar Amelioration Act of 1991, in case sugar-
cane shall be used as feedstock.
The NBB shall establish a mechanism similar to that provided under the Sugar
Amelioration Act of 1991 for the benefit of other biofuel workers.
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SEC. 18. Special Clause.—This Act shall not be interpreted as prejudicial to

clean development mechanism (CDM) projects that cause carbon dioxide (CO2) and
greenhouse gases (GHG) emission reductions by means of biofuels use.
SEC. 19. Repealing Clause.—The provisions of Section 148 (d) of R.A No. 8424,
otherwise known as Tax Reform Act of 1997, and all other laws, presidential decrees or
issuances, executive orders, presidential proclamations, rules and regulations or parts
thereof inconsistent with the provisions of this Act, are hereby repealed, modified or
amended accordingly.
SEC. 20. Separability Clause.—If any provision of this Act is declared unconstitu-
tional, the same shall not affect the validity and effectivity of the other provisions hereof.
cation in at least two newspapers of general circulation.
Approved.
Geothermal Resources (Presidential Decree No. 1442)

WHEREAS, it is necessary for the economic and industrial development of the
country to reduce our dependence
on imported energy supplies and
accelerate the development of
geothermal resources, which have
been identified as a viable and
untapped economical source of
energy;
WHEREAS, it is in the na-
tional interest to allow service
contracts for financial, technical,
management or other forms of
assistance with qualified domes-
tic and foreign entities, for the
exploration, development, exploi-
tation, or utilization of the coun-
try’s geothermal resources;
NOW, THEREFORE, I,
FERDINAND E. MARCOS,
President of the Philippines, by “The clearest way into the universe is through a forest
virtue of the powers vested in me wilderness.” — John Muir
by the Constitution of the Philip- (N. Oshima)
pines, do hereby order and decree
as follows:
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GEOTHERMAL RESOURCES
SECTION 1. Exploration of and Development of Geothermal Resources by the

Government.—Subject to existing private rights, the Government may directly explore
for, exploit and develop geothermal resources. It may also indirectly undertake the
same under service contracts awarded through public bidding or concluded through
negotiation, with a domestic or foreign contractor who must be technically and finan-
cially capable of undertaking the operations required in the service contract; Provided,
that if the service contractor shall furnish the necessary services, technology and fi-
nancing, the service contractor may be paid a fee not exceeding forty per centum (40%)
of the balance of the gross value of the geothermal operations after deducting the neces-
sary expenses incurred in the operations; Provided, further, that the execution of the
activities and operations subject of the service contract, including the implementation of
the work program and accounting procedures agreed upon, shall at all times be subject
to direct supervision of the Government, through the Bureau of Energy Development
Service contracts as above authorized shall be subject to the approval of the Secretary of
Energy.
Geothermal resources mean—
a. all products of geothermal processes, embracing indigenous steam, hot water
and hot brines;
b. steam and other gases, hot water and hot brines resulting from water, gas, or
other fluids artificially introduced into geothermal formations;
c. heat or other associated energy found in geothermal formations; and
d. any by-product derived from them.
SEC. 2. Geothermal Contract Areas.—Service contracts, as herein authorized,
may cover public lands, government geothermal reservations, including those presently
administered or unappropriated areas, as well as areas covered by exploration permits
or leases granted under Republic Act No. 5092.
Service contracts for exploration and development of geothermal resources may
also cover private lands, or other lands subject of agricultural, mining, petroleum or
other rights or devoted to purposes other than the exploration or use of geothermal
energy; Provided, that the right to enter private lands, and to established easements
over such lands shall, in the absence of a voluntary agreement with the private land-
owner, upon application of the contractor to the Court of First Instance of the province
or the municipal court of the municipality where the land is situated, and upon posting
of the necessary bond as may be fixed by the same court, be allowed by the court subject
to payment of reasonable compensation.
SEC. 3. Conversion of Geothermal Exploration Permits and Leases to Service
Contract.—Holders of valid and subsisting geothermal exploration permits and geo-
thermal leases granted by the Government prior to January 17, 1973, pursuant to Re-
public Act No. 5092, shall enter into service contracts as herein provided relative to the
areas covered by their respective permits or leases within six months from the effective
441
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date of this Decree; and, in default thereof, the geothermal exploration permits and
geothermal leases shall be deemed automatically canceled and the area covered thereby
shall revert back to the State.
All geothermal exploration permit application filed under Republic Act No. 5092
shall be deemed withdrawn and no effect as of the effective date of this Decree.
SEC. 4. Privileges of Service Contractors.—The provisions of any law to the con-
trary notwithstanding, a service contract executed under this Act may provide that the
contractor shall have the following privileges:
a. Exemption from payment of tariff duties and compensating tax on the impor-
tation of machinery and equipment, and spare parts and all materials required for geo-
thermal operations subject to such conditions as may be imposed by the Director of
Energy Development; Provided, that should the contractor or its sub-contractor sell,
transfer or dispose of the machinery, equipment, spare parts or materials without the
prior consent of the Bureau of Energy Development, it shall pay twice the amount of the
taxes and duties not paid because of the exemption granted;
b. Entry, upon the sole approval of the Bureau of Energy Development which
shall not be unreasonably withheld, and subject to such conditions as it may impose, of
alien technical and specialized personnel (including the immediate members of their
families), who may exercise their professions solely for the operations of the contractor
as prescribed in its contract with the Government under this Act;
c. Subject to the regulations of the Central Bank, repatriation of capital invest-
ment and remittance of earnings derived from its service contract operations, as well as
such sums as may be necessary to cover principal and interest of foreign obligations
incurred for the geothermal operations.
d. Other privileges provided in Section 12 of Presidential Decree no. 87 as may be
applied to the geothermal operation.
SEC. 5. Exploitation Permits.—In cases where discovered geothermal resources
are deemed inappropriate for service contracts arrangements in view of economic and/or
technical reasons, the Bureau of Energy Development may issue development and ex-
ploitation permits for such resources and formulate the applicable rules and regulations
to govern the same.
SEC. 6. Rules and Regulations.—The Director of Energy Development shall be
vested with the authority to promulgate such rules and regulations as may be necessary
to implement the provisions of this Act, subject to approval by the Secretary of Energy.
SEC. 7. Repealing Clause.—The provisions of Republic Act No. 5092 and other
laws, rules and regulations inconsistent with this Decree are hereby repealed.
SEC. 8. Effectivity.—This Decree shall take effect immediately upon approval.
Done in the City of Manila, June 11, 1978.
442
GEOTHERMAL WATERSHEDS
Geothermal Watersheds (Executive Order No. 223)

Whereas, indigenous geothermal resource is an energy alternative that can pro-
vide a principal energy supply to boost the country’s economy;
Whereas, the government has declared some geothermal rich areas of the country
as geothermal reservations under the jurisdiction and control of the Office of Energy
Affairs (OEA) through the National Power Corporation (NPC) pursuant to Presidential
Decree 1515 and 1749;
Whereas, PNOC has subs-
tantially invested in the
development of the Tongonan,
Palinpinon and Bacon Manito
geothermal fields and presently
supplies geothermal steam to
the geothermal power plants in
Tongonan and Palinpinon;
Whereas, being a major de-
veloper of this vital energy al-
ternatives, it is the inherent
responsibility of PNOC to
protect and manage the
watershed areas surrounding
the geothermal resource to
ensure the sustained steam
supply to government power
plants;
Whereas, PNOC was depu-
tized by OEA under MOE Order
830615 in conjunction with “We cannot command nature except by obeying her.”—
Presidential Decree 1749 to Francis Bacon
undertake the management, (N. Oshima)
protection, development and
rehabilitation of the watershed areas of Tongonan, Palinpinon, and Bacon Manito Geo-
thermal Reservations;
Whereas, PNOC has in place an efficient logistics network and an established and
qualified watershed management body currently undertaking the protection, rehabilita-
tion, and development of these reservations;
Now, Therefore, I, Corazon C. Aquino, President of the Philippines, do hereby direct:
SECTION 1. PNOC shall have jurisdiction, control and management, and shall
be responsible for the protection, development and rehabilitation of the watershed areas
surrounding the following geothermal reservations:
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a. Tongonan Geothermal Reservation pursuant to Presidential Proclamation No.

112;
b. Palinpinon Geothermal Reservation pursuant to Presidential Decree No. 1413;
c. Bacon-Manito Geothermal Reservation pursuant to Presidential Proclamation
No. 2036A; and
d. Other geothermal reservations as may be discovered, identified, determined,
and to be developed by PNOC, and proclaimed by the President of the Philippines.
SEC. 2. To effectively accomplish this mandate, PNOC shall exercise jurisdiction
and control over the aforesaid watershed areas including but not limited to the per-
formance of the following acts:
a. Enforcement of forestry laws, rules and regulations within said watershed ar-
eas;
b. Identification of areas which require immediate rehabilitation and develop-
ment;
c. Preparation of plans and programs for the maximum utilization of watershed
resources;
d. Formulation and/or implementation of measures to prevent denudation of wa-
tershed cover;
e. Public education and information drive to create awareness among the popu-
lace of the importance of forests and uses of watershed areas;
f. Promotion of the development and conservation of existing vegetative cover;
g. Formulation of plans and development programs for resettlement and reloca-
tion;
h. Coordination with other government agencies/instrumentalities religious and
civic groups in undertaking forest conservation measures in watershed areas;
i. Afforestation, reforestation and physical rehabilitation measures in critically
denuded watershed areas.
SEC. 3. The provisions of existing laws, decrees, orders, rules and regulations as
are inconsistent herewith are hereby repealed, amended or modified accordingly.
SEC. 4. This Order shall take effect immediately.
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GEOTHERMAL WATERSHEDS
The Stillborn Nuclear Power Plant
Background:
One of the most controversial projects in the latter part of the Marcos regime was
the construction of a nuclear plant about 85 kilometers northwest of Metro Manila,
called the Bataan Nuclear Power Plant (BNPP). There were serious questions raised on
the safety of the plant and allegations of financial malfeasance attendant to its award.
The case below was lodged in the Supreme Court and was decided barely two weeks
before the now-famous EDSA (People Power) Revolution that toppled the Marcos gov-
ernment. To date, and despite the fact that the BNPP is non-operational and has been
mothballed, the Philippines pays some $300,000 a day to service the loan secured to
finance this project. At present exchange rates (P50 : $ 1), this amounts to a staggering
P450,000,000 a month or about P5.3 billion per year, on interest alone, an amount more
than the budget of the Department of Environment and Natural Resources.
The National Power Corporation (NPQ sought a license to operate its nuclear
power plant in Bataan from the Philippine Atomic Energy Commission (PAEC). Peti-
tioners Nuclear Free Philippine Coalition and (former Senator) Lorenzo M. Tañada
seeks to prevent Commissioners of the PAEC from resolving the issue of safety of the
Nuclear Power Plant-I in the licensing proceedings. Petitioners questioned the compe-
tence and apparent bias of the commissioners. They also assailed the validity of the
motion filed by the NPC for the conversion of its construction permit into an operating
license for the Nuclear Plant pointing out that no information was submitted on final
qualifications of NPC, its source of nuclear fuel, and its insurance coverage for nuclear
damage, all in violation of licensing rules and procedures.
Issue: Can the commissioners proceed with the licensing proceedings?
Held: No. There was apparent bias and pre-judgement shown by the Commis-
sioners in issuing several official pamphlets which portrayed the nuclear plant as safe.
Knowing this, the Court resolved to favor a course of action which would assure an
unquestionably objective inquiry by restraining the Commissioners from further acting
in PAEC licensing proceedings No. 1-77. “Respondent Commissioners would be acting
with grave abuse of discretion amounting to lack of jurisdiction were they to sit in
judgment upon the safety of the plant, absent the requisite objectivity that must char-
acterize such an important inquiry.”
Nuclear Free Philippine Coalition v. NPC

G.R. No. L-68474, February 11, 1986
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Oil Deregulation (Republic Act 8479)

Chapter I
General Provisions
SECTION 1. Short title.— This

Act shall be known as the
“Downstream Oil Industry Deregu-
lation Act of 1998.”
SEC. 2. Declaration of Policy.
—It shall be the policy of the State to
liberalize and deregulate the down-
stream oil industry in order to ensure
a truly competitive market under a
regime of fair prices, adequate and
continuous supply of environmentally-
clean and high-quality petroleum pro-
ducts. To this end, the State shall pro-
mote and encourage the entry of new
participants in the downstream oil in-
dustry, and introduce adequate meas-
ures to ensure the attainment of these
goals.
SEC. 3. Coverage.—This Act
shall apply to all persons or entities
engaged in any and all the activities of
Low tide and breaking dawn at a seashore
the domestic downstream oil industry, somewhere in the Visayan Sea.
as well as persons or companies di- (A. Oposa)
rectly importing refined petroleum
products for their own use.
SEC. 4. Definition of Terms.—For purposes of this Act, the following terms are
herein below defined:. Basel Convention shall refer to the international accord which
governs the trade or movement of hazardous and toxic waste across borders;
b. Board shall refer to the Energy Regulatory Board;
c. BOI shall refer to the Board of Investments;
d. Crude oil shall refer to oil in its natural state before the same has been refined
or otherwise treated, but excluding water, bottoms, sediments and foreign substances;
e. Dealer shall refer to any person, whether natural or juridical, who is engaged
in the marketing and direct selling of petroleum products to motorists, end users, and
other consumers;
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OIL DEREGULATION
f. DOE shall refer to the Department of Energy;

g. DOJ shall refer to the Department of Justice;
h. Downstream Oil Industry (DOI) or Industry shall refer to the business of im-
porting, exporting, re-exporting, shipping, transporting, processing, refining, storing,
distributing, marketing and/or selling crude oil, gasoline, diesel, liquefied petroleum gas
(LPG), kerosene, and other petroleum products;
i. Hauler shall refer to any person, whether natural or juridical, engaged in the
transport, distribution, hauling, and carriage of petroleum products, whether in bulk or
packed form, from the oil companies and independent marketers to the petroleum deal-
ers and other consumers;
j. LPG distributor shall refer to any person or entity, whether natural or juridi-
cal, engaged in exporting, refilling, transporting, marketing, and/or selling of LPG to
end users and other consumers;
k. New industry participants shall refer to new participants in a particular sub-
sector of the downstream oil industry with investments and initial business operations
commencing after January 1, 1994;
l. Person shall refer to any person, whether natural or juridical, who is engaged
in any activity of the downstream oil industry;
m. Petroleum shall refer to the naturally occurring mixture of compounds of hy-
drogen and carbon with a small proportion of impurities and shall include any mineral
oil, petroleum gas, hydrogen gas, bitumen, asphalt, mineral wax, and all other similar
or naturally-associated substances, with the exception of coal, peat, bituminous shale
and/or other stratified mineral fuel deposits;
n. Petroleum products shall refer to products formed in the course of refining
crude petroleum through distillation, cracking, solvent refining and chemical treatment
coming out as primary stocks from the refinery such as, but not limited to: LPG, naph-
tha, gasolines, solvent, kerosenes, aviation fuels, diesel oils, fuel oils, waxes and petro-
latums, asphalt, bitumens, coke and refinery sludges, or such refinery petroleum frac-
tions which have not undergone any process or treatment as to produce separate chemi-
cally-defined compounds in a pure or commercially pure state and to which various
substances may have been added to render them suitable for particular uses: Provided,
That the resultant product contains not less than fifty percent (50%) by weight of such
petroleum products;
o. Singapore Import Parity (SIP) shall refer to the deemed landed cost of a petro-
leum product imported from Singapore at a free-on-board price equal to the average
Singapore Posting for that product at the time of loading;
p. Singapore posting shall refer to the price of petroleum products periodically
posted by oil refineries in Singapore and reported by independent international publica-
tions; and
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q. Wholesale Posted Price (WPP) shall refer to the ceiling price of petroleum prod-
ucts set by the Board based on its duly approved automatic pricing formula.
Chapter II
Liberalization of the Downstream Oil Industry and
Promotion of Free Competition
SEC. 5. Liberalization of the Industry.—Any law to the contrary notwithstand-

ing, any person or entity may import or purchase any quantity of crude oil and petro-
leum products from a foreign or domestic source, lease or own and operate refineries
and other downstream oil facilities and market such crude oil and petroleum products
either in a generic name or his or its own trade name, or use the same for his or its own
requirement: Provided, That any person or entity who shall engage in any such activity
shall give prior notice thereof to the DOE for monitoring purposes: Provided, further,
That such notice shall not exempt such person or entity from securing certificates of
quality, health and safety and environmental clearance from the proper governmental
agencies: Provided, furthermore, That such person or entity shall, for monitoring pur-
poses, report to the DOE his or its every importation/exportation: Provided, finally,
That all oil importations shall be in accordance with the Basel Convention.
SEC. 6. Tariff Treatment.—
a. Any law to the contrary notwithstanding and starting with the effectivity of
this Act, a single and uniform tariff duty shall be imposed and collected both on im-
ported crude oil and imported refined petroleum products at the rate of three percent
(3%): Provided, however, That the President of the Philippines may, in the exercise of
his powers, reduce such tariff rate when in his judgment such reduction is warranted,
pursuant to Republic Act No. 1937, as amended, otherwise known as the “Tariff and
Customs Code”; Provided, further, That beginning January 1, 2004 or upon implemen-
tation of the Uniform Tariff Program under the World Trade Organization and ASEAN
Free Trade Area commitments, the tariff rate shall be automatically adjusted to the
appropriate level notwithstanding the provisions under this Section.
b. For as long as the National Power Corporation (NPC) enjoys exemptions from
taxes and duties on petroleum products used for power generation, the exemption shall
apply to purchases through the local refineries and to the importation of fuel oil and
diesel.
SEC. 7. Promotion of Fair Trade Practices.—The Department of Trade and In-
dustry (DTI) and DOE shall take all measures to promote fair trade and prevent car-
telization, monopolies, combinations in restraint of trade, and any unfair competition in
the Industry as defined in Article 186 of the Revised Penal Code, and Articles 168 and
169 of Republic Act No. 8293, otherwise known as the “Intellectual Property Rights
Law.” The DOE shall continue to encourage certain practices in the industry which
serve the public interest and are intended to achieve efficiency and cost reduction, en-
448
OIL DEREGULATION
sure continuous supply of petroleum products, and enhance environmental protection.

These practices may include borrow-and-loan agreements, rationalized depot and
manufacturing operations, hospitality agreements, joint tanker and pipeline utilization,
and joint actions on oil spill control and fire prevention.
The DOE shall monitor the relationship between the oil companies (refiners and
importers) and their dealers, haulers and LPG distributors to help ensure the obser-
vance of fair and equitable practices and to ensure the enforcement of existing con-
tracts: Provided, That the DOE shall conciliate and arbitrate any issue that may arise
with respect to the contractual relationship between the oil companies and the dealers,
haulers and LPG distributors involving the dealers’ mark-up, the freight rate in trans-
porting petroleum products and the margins of LPG distributors for the protection of
the public and to prevent ruinous competition: Provided, further, That the arbitration
award of the DOE shall be subject to judicial review under existing law.
SEC. 8. Program to Encourage the Entry of New Participants in the Industry.—
The DOE, the Department of Foreign Affairs (DFA), and the DTI shall jointly formulate
and establish a program that will promote the entry of new participants in the industry.
Such program shall, among others, include a strategic international information cam-
paign to be implemented through selected embassies and consular offices of the Philip-
pines. This program shall commence implementation after three (3) months from the
effectivity of this Act.
In this regard, the DOE shall provide a “Philippine Downstream Oil Industry In-
vestment Guide” to new industry participants and prospective participants. This guide
shall, among others, contain:
a. An introduction to the Philippine Downstream Oil Industry and the govern-
ment‘s unwavering commitment to deregulation;
b. The entry requirements;
c. Information on the benefits and incentives for new industry participants which
shall specify: 1) all the incentives and benefits they can enjoy, and 2) the procedural and
substantive requirements needed for entitlement; and
d. Such other information the DOE may deem necessary to promote the entry of
new participants.
SEC. 9. Incentives for New Investments.—To the extent applicable, persons with
new investments as determined by the DOE and registered with the BOI in refining,
storage, marketing, and distribution of petroleum products, shall be extended the same
incentives granted to BOI-registered enterprises engaged in a preferred area of invest-
ments pursuant to Executive Order No. 226, otherwise known as the “Omnibus Invest-
ment Code of 1987.”
Such incentives shall include:
1. Income tax holiday;
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2. Additional deduction for labor expenses;

3. Minimum tax and duty of three percent (3%) and value-added tax (VAT) on
imported capital equipment;
4. Tax credit on domestic capital equipment;
5. Exemption from contractor’s tax;
6. Unrestricted use of consigned equipment;
7. Exemption from the real property tax on production equipment or machiner-
ies;
8. Exemption from taxes and duties on imported spare parts; and
9. Such other applicable incentives under Article 39 of Executive Order No. 226.
Any provision of law
to the contrary
notwithstanding, the said
incentives may be availed
by persons with new
investments for a period of
five (5) years from regis-
tration with the BOI:
Provided, however, That in
the storage, marketing and
distribution of petroleum
products, only the
investments of new
industry participants shall
be entitled to incentives
provided in the said Code.
As used herein, “marketing
of petroleum products”
shall include the
“I would feel more optimistic about a bright future for man if establishment of gasoline
he spent less time proving that he can outwit Nature and stations.
more time tasting her sweetness and respecting her seniority.”
— Elwyn Brooks White For this purpose, the
(A. Oposa)industry shall be included
in the annual Investment
Priorities Plan (IPP): Provided, That nothing herein contained shall preclude qualified
persons or entities as provided under the “Omnibus Investments Code” from applying
for or continue enjoying incentives and benefits under the said Code.
SEC. 10. Promotion of Retail Competition.—To achieve the social policy objective
of fair prices, and facilitate the attainment of a truly competitive petroleum product
market in the retail level, the DOE shall promote and encourage by way of information
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OIL DEREGULATION
dissemination, networking, and management/skills training, the active and direct par-
ticipation of the private sector and cooperatives in the retailing of petroleum products
through joint venture/supply agreements with new industry participants for the estab-
lishment and operation of gasoline stations: Provided, That the training herein shall
include LPG retailing.
To this end, the DOE shall, in cooperation with the Technology and Livelihood Re-
source Center (TLRC) and Technical Education and Skills Development Authority
(TESDA), coordinate with new industry participants and existing petroleum dealers’
associations in the formulation and implementation of a two-fold program on manage-
ment and skills training for the establishment, operation, and maintenance of gasoline
stations.
Persons who successfully complete the two-fold program shall be entitled to gov-
ernment assistance being extended by government lending agencies, in the form of
medium-to-long-term loans with low interest rates and to the gasoline station training
and loan fund provided hereunder, to serve as capital for the establishment and opera-
tion of gasoline stations.
For these purposes, there is hereby established a gasoline station training and
loan fund with the initial amount of three hundred million pesos (P300,000,000.00) to
be provided by the Philippine Amusement Gaming Corporation (PAGCOR) and admin-
istered by the DOE under a separate account.
Of this amount, two percent (2%) plus any additional funding shall be allocated for
the two-fold program; one percent (1%) plus any additional funding shall be set aside for
administrative, maintenance, and other operating expenses; ninety-four percent (94%)
shall be used exclusively for lending and financial assistance; the remaining three per-
cent (3%) shall be utilized in accordance with the provision of Section 26 of this Act:
Provided, That the loans to be awarded herein shall be from short-to medium-term with
low interest rates: Provided, further, That these loans shall be awarded to qualified
persons who are able to comply with the conditions set forth in the next two (2) preced-
ing paragraphs.
Chapter III
Anti-Trust Safeguards, Other Prohibited Acts, and Remedies
SEC. 11. Anti-trust Safeguards.—To ensure fair competition and prevent cartels
and monopolies in the Industry, the following acts are hereby prohibited:
a. Cartelization which means any agreement, combination or concerted action by
refiners, importers and/or dealers, or their representatives, to fix prices, restrict outputs
or divide markets, either by products or by areas, or allocate markets, either by prod-
ucts or by areas, in restraint of trade or free competition, including any contractual
stipulation which prescribes pricing levels and profit margins;
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LAND
b. Predatory pricing which means selling or offering to sell any oil product at a
price below the seller’s or offeror’s average variable cost for the purpose of destroying
competition, eliminating a competitor or discouraging a potential competitor from enter-
ing the market: Provided, however, That pricing below average variable cost in order to
match the lower price of the competitor and not for the purpose of destroying competi-
tion shall not be deemed predatory pricing. For purposes of this prohibition, “variable
cost” as distinguished from “fixed cost,” refers to costs such as utilities or raw materials,
which vary as the output increases or decreases and “average variable cost” refers to the
sum of all variable costs divided by the number of units of outputs.
Any person, including but not limited to the chief operating officer, chief executive
officer or chief finance officer of the partnership, corporation or any entity involved, who
is found guilty of any of the said prohibited acts shall suffer the penalty of three (3) to
seven (7) years imprisonment, and a fine ranging from one million pesos
(P1,000,000.00) to two million pesos (P2,000,000.00).
SEC. 12. Other Prohibited Acts.—To ensure compliance with the provisions of
this Act, the refusal to comply with any of the following shall likewise be prohibited:
a. submission of any reportorial requirements;
b. use of clean and safe (environment and worker-benign) technologies;
c. any order or instruction of the DOE Secretary issued in the exercise of his en-
forcement powers under Section 15 of this Act; and
d. registration of any fuel additive with the DOE prior to its use as an additive.
Any person, including but not limited to the chief operating officer or chief execu-
tive officer of the partnership, corporation or any entity involved, who is found guilty of
any of the said prohibited acts shall suffer the penalty of imprisonment for two (2) years
and fine ranging from Two Hundred Fifty Thousand Pesos (P250,000.00) to Five Hun-
dred Thousand Pesos (P500,000.00).
SEC. 13. Remedies.—
a. Government Action.—Whenever it is determined by the Joint Task Force cre-
ated under Section 14 (d) of this Act, that there is a threatened, imminent or actual
violation of Section 11 of this Act, it shall direct the provincial or city prosecutors hav-
ing jurisdiction to institute an action to prevent or restrain such violation with the Re-
gional Trial Court of the place where the defendant or any of the defendants resides or
has his place of business. Pending hearing of the complaint and before final judgment,
the court may at any time issue a temporary restraining order or an order of injunction
as shall be deemed just within the premises, under the same conditions and principles
as injunctive relief is granted under the Rules of Court.
Whenever it is determined by the joint task force that the government or any of its
instrumentalities or agencies, including government-owned or controlled corporations,
shall suffer loss or damage in its business or property by reason of violation of Section
11 of this Act, such instrumentality, agency, or corporation may file an action to recover
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OIL DEREGULATION
damages and the costs of suit with the Regional Trial Court which has jurisdiction as
provided above.
b. Private Complaint.—Any person or entity shall report any violation of Section
11 of this Act to the joint task force. The joint task force shall investigate such reports
in aid of which the DOE Secretary may exercise the powers granted under Section 15 of
this Act. The joint task force shall prepare a report embodying its findings and recom-
mendations as a result of any such investigation, and the report shall be made public at
the discretion of the joint task force. In the event that the joint task force determines
that there has been a violation of Section 11 of this Act, the private person or entity
shall be entitled to sue for and obtain injunctive relief, as well as damages, in the Re-
gional Trial Court having jurisdiction over any of the parties, under the same conditions
and principles as injunctive relief is granted under the Rules of Court.
Chapter IV
Powers and Functions of the DOE and DOE Secretary
SEC. 14. Monitoring—

a. The DOE shall monitor and publish daily international crude oil prices, as well
as follow the movements of domestic oil prices. It shall likewise monitor the quality of
petroleum products and stop the operation of businesses involved in the sale of petro-
leum products which do not comply with the national standards of quality that are
aligned with the national standards/protocols of quality. The Bureau of Product Stan-
dards (BPS) of the DTI, together with the Department of Environment and Natural
Resources (DENR), the DOE, the Department of Science and Technology (DOST), rep-
resentatives of the fuel and automotive industries and the consumers, shall set the
specifications for all types of fuel and fuel-related products to improve fuel composition
for increased efficiency and reduced emissions. The BPS shall also specify the allowable
content of additives in all types of fuels and fuel-related products.
b. The DOE shall monitor the refining and manufacturing processes of local pe-
troleum products to ensure that clean and safe (environment and worker-benign) tech-
nologies are applied. This shall also apply to the process of marketing local and im-
ported petroleum products.
c. The DOE shall maintain a periodic schedule of present and future total indus-
try inventory of petroleum products for the purpose of determining the level of supply.
To implement this, the importers, refiners, and marketers are hereby required to sub-
mit monthly to the DOE their actual and projected importations, local purchases, sales
and/or consumption, and inventory on a per crude/product basis.
d. Any report from any person of an unreasonable rise in the prices of petroleum
products shall be immediately acted upon. For this purpose, the creation of DOE-DOJ
Task Force is hereby mandated to determine within thirty (30) days the merits of the
report and initiate the necessary actions warranted under the circumstance: Provided,
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That nothing herein shall prevent the said task force from investigating and/or filing
the necessary complaint with the proper court or agency motu propio.
Upon the effectivity of this Act, the Secretaries of Energy and Justice shall jointly
appoint the members of a committee who shall be tasked with the drafting of rules and
guidelines to be adopted by the task force in the performance of its duty. These guide-
lines shall ensure efficiency, promptness, and effectiveness in the handling of its cases.
The task force shall be organized and its members appointed within one (1) month from
the effectivity of this Act.
e. In times of national emergency, when the public interest so requires, the DOE
may, during the emergency and under reasonable terms prescribed by it, temporarily
take over or direct the operation of any person or entity engaged in the industry.
SEC. 15. Additional Powers of the DOE Secretary.—In connection with the en-
forcement of this Act, the DOE Secretary shall have the following powers:
a. To gather and compile appropriate information concerning, and to investigate
from time to time the organization, business, conduct, practices, and management of
any person or entity in the industry;
b. To require, by general or special orders, persons and entities engaged in a par-
ticular activity of the industry: (i) to file an annual or special report or both in such form
as the Secretary may prescribe; or (ii) to answer specific questions in writing, furnishing
to the Secretary such information as he may require as to the organization, business,
conduct, practices, management, and relation to other corporations, partnerships, and
individuals of the respective persons or entities filing such reports or answer. Such
reports and/or answer shall be filed with the Secretary under oath and within such
reasonable time as the Secretary may prescribe;
c. Upon the direction of the President or either House of Congress, to investigate
and report the facts relating to any alleged violation of this Act by any person or corpo-
ration;
d. Upon the application of the Secretary of Justice, to investigate and make rec-
ommendations for the readjustment of the business of any person or entity alleged to be
violating this Act in order that such person or entity may thereafter maintain his or its
organization, management, and conduct of business in accordance with law;
e. To recommend to the proper government agency the suspension or revocation
and termination of the business permit of an offender;
f. Concomitant with the policy of ensuring a continuous, adequate, and economic
supply of energy to exercise his powers and functions as provided under Section 5 (c) of
Republic Act No. 7638;
g. To make public from time to time such portions of the information obtained by
him hereunder as are in the public interest; and to make annual and special reports to
Congress and to submit therewith recommendations for additional legislation; and to
provide for the publication of his reports and decisions in such form and manner as may
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OIL DEREGULATION
be best adapted for public information and use: Provided, That the Secretary shall not
have any authority to make public any trade secret or any commercial or financial in-
formation which is obtained from any person or entity and which is privileged or confi-
dential, except that the Secretary may disclose such information to officers and employ-
ees of appropriate law enforcement agencies or to any officer or employee of any such
law enforcement agency upon the prior certification by an officer of any such law agency
that such information will be maintained in confidence and will be used only for official
law enforcement purposes; and
h. Whenever a final order has been entered against any defendant in any suit
brought by the government to prevent and restrain any violation of the anti-trust provi-
sions of this Act to make investigation, upon his initiative, of the manner in which the
decree has been or is being carried out, and upon the application of the Secretary of
Justice, it shall be his duty to make such investigation. He shall transmit to the Secre-
tary of Justice a report embodying his findings and recommendations as a result of any
such investigation, and the report shall be made public at the discretion of the Secre-
tary.
Chapter V
Transition Phase
SEC. 16. Phases of Deregulation.—In order to provide a smooth implementation

of deregulation, the policy shift shall be done in two (2) phases: Phase I (transition
phase) and Phase II (full deregulation phase).
SEC. 17. Buffer Fund.—The President may, when the interest of the consumers
so requires, taking into account the rise in the domestic prices of petroleum products,
use the “Reserve Control Account” as a buffer fund in an amount not exceeding two
billion nine hundred million pesos (P2,900,000,000.00) to cover increases in the prices of
petroleum products, except premium gasoline, during the Transition Phase over the
prices prevailing as of the date of the effectivity of this Act. The “Reserve Control Ac-
count” refers to a lump sum collation of reserve impositions deducted from the appro-
priations approved by Congress for the operation of the government and the implemen-
tation of projects and programs.
SEC. 18. Automatic Oil Pricing Mechanism.—To enable the domestic price of
petroleum products to approximate and promptly reflect the price of oil in the interna-
tional market, an automatic pricing mechanism shall be established. To this end, the
following laws are hereby amended:
a. Paragraph (a), Section 8 of Republic Act No. 6173, as amended by Section 3 of
Executive Order No. 172, to read as follows:
“SEC. 8. Powers of the Board Upon Notice and Hearing.—The Board shall
have the power:
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a. To set the wholesale posted price of petroleum products during the Tran-
sition Phase.
“For this purpose and for the protection of the public interest, the Board
shall, after due notice and hearing at which any consumer of petroleum products
and other parties who may be affected may appear and be heard, and within one
(1) month after the effectivity of this Act, approve a market-oriented formula to de-
termine the WPP of petroleum products based solely on the changes of either the
Singapore Posting of refined petroleum products, the SIP or the crude landed cost.
“Thereafter, the Board shall at the proper times automatically adjust the
WPP of petroleum products based on the approved formula, through appropriate
orders, without the need for notice and hearing.
“The Board shall, on the dates of effectivity of the automatic oil pricing for-
mula, the initial WPP or the adjusted WPP, publish the same, together with the
corresponding computation in two (2) national newspapers of general circulation.”
b. Paragraph 1 of Letter of Instruction No. 1441, to read as follows:
“1. To review and reset prices of domestic petroleum products up or
down as necessary on or before the third Monday of each month to reflect the
new WPP of refined petroleum products based on the approved automatic
pricing formula.”
c. Paragraph 2 of Letter of Instruction No. 1441 is hereby deleted. In lieu
thereof a new paragraph is inserted to read as follows:
“2. The price adjustment shall be reflected automatically in the ap-
proved WPP of each petroleum product.”
d. The provisions of Section 3 (a) and (c) and Section 5 of Executive Order
No. 172 to the contrary notwithstanding, the Board shall, during the transition
phase, maintain the current margin of dealers and rates charged by water trans-
port operators, haulers and pipeline concessionaires. Depending on the basis of the
APM, the Board shall, within one (1) month after the effectivity of this Act and af-
ter proper notice and full public hearing, prescribe a formula which will automati-
cally set the margins of marketers and dealers, and the rates charged by water
transport operators, haulers and pipeline concessionaires: Provided, That such
formula shall take effect simultaneously with the effectivity of the automatic oil
pricing formula. Thereafter, the Board shall set the said margins and rates based
on the approved formula without the necessity for public notice and hearing.
The Board shall, on the day of the effectivity of the aforesaid formula, publish in at
least two (2) newspapers of general circulation the mechanics of the formula for the
information of the public.
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Chapter VI
Full Deregulation Phase
SEC. 19. Start of Full Deregulation.—Full deregulation of the industry shall

start five (5) months following the effectivity of this Act: Provided, however, That when
the public interest so requires, the President may accelerate the start of full deregula-
tion upon the recommendation of the DOE and the Department of Finance (DOF) when
the prices of crude oil and petroleum products in the world market are declining and the
value of the peso in relation to the US dollar is stable, taking into account relevant
trends and prospects: Provided, further, That the foregoing provision notwithstanding,
the five (5)-month Transition Phase shall continue to apply to LPG, regular gasoline
and kerosene as socially sensitive petroleum products and said petroleum products
shall be covered by the automatic pricing mechanism during the said period.
Upon the implementation of full deregulation as provided herein, the transition
phase is deemed terminated and the following laws are repealed:
a. Republic Act No. 6173, as amended;
b. Section 5 of Executive Order No. 172, as amended;
c. Letter of Instruction No. 1431, dated October 15, 1984;
d. Letter of Instruction No. 1441, dated November 20, 1984, as amended;
e. Letter of Instruction No. 1460, dated May 9, 1985;
f. Presidential Decree No. 1889; and
g. Presidential Decree No. 1956, as amended by Executive Order No.137.
Provided, however, That in case full deregulation is started by the President in the
exercise of the authority provided in this Section, the foregoing laws shall continue to be
in force and effect with respect to LPG, regular gasoline, and kerosene for the rest of the
five-month period.
SEC. 20. Jurisdiction on Pricing of Piped Gas.—Section 3 of Executive Order
No. 172, is hereby amended to read as follows:
“SEC. 3. Jurisdiction, Powers and Functions of the Board.—The Board
shall, upon proper notice and hearing, fix and regulate the rate of schedule or
prices of piped gas to be charged by duly franchised gas companies which distrib-
ute gas by means of underground pipe system.”
Chapter VII
Final Provisions
SEC. 21. OPSF Balance.—All outstanding claims against OPSF as of the effec-
tivity of this Act, subject to the existing auditing rules and regulations of the Commis-
sion on Audit (COA), shall be considered as accounts payable of the National Govern-
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ment. For this purpose, and any law to the contrary notwithstanding, the reimburse-
ment certificates issued by the DOE covering the said outstanding claims shall be hon-
ored and accepted by the Bureau of Customs and the Bureau of Internal Revenue as
payment to the extent of ten percent (10%) per payment of the tariff duties and specific
taxes due from the creditor-claimants against the OPSF until such claims are settled in
full: Provided, That the reimbursement certificates shall not be transferable.
SEC. 22. Initial Public Offering.—In compliance with the constitutional man-
date to encourage private enterprises to broaden their base of ownership and in recogni-
tion of the vital role of oil in the national economy, any person or entity engaged in the
oil refinery business shall make a public offering through the stock exchange of at least
ten percent (10%) of its common stock within a period of three (3) years from the effec-
tivity of this Act or the commencement of its refinery operations: Provided, That no
single person or entity shall be allowed to own more than five percent (5%) of the stock
offering: Provided, further, That any crude oil refining company and any stockholder
thereof shall not acquire, directly or indirectly, any share of stock offered by any other
crude oil refining company pursuant to this Section: Provided, finally, That any such
company which made the requisite public offering before the effectivity of this Act shall
be exempted from the requirement.
SEC. 23. Implementing Rules and Regulations.—The DOE, in coordination with
the Board, the DENR, DFA, Department of Labor and Employment (DOLE), Depart-
ment of Health (DOH), DOF, DTI, National Economic and Development Authority
(NEDA), and TLRC, shall formulate and issue the necessary implementing rules and
regulations within sixty (60) days after the effectivity of this Act.
SEC. 24. Penal Sanction.—Any person who violates any of the provision of this
Act shall suffer the penalty of three (3) months to one (1) year imprisonment and a fine
ranging from Fifty Thousand Pesos (P50,000.00) to Three Hundred Thousand Pesos
(P300,000.00).
SEC. 25. Public Information Campaign.—The DOE, in coordination with the
Board and the Philippine Information Agency (PIA), shall undertake an information
campaign to educate the public on the deregulation program of the industry.
SEC. 26. Budgetary Appropriations—Such amount as may be necessary to effec-
tively implement this Act shall be taken by the DOE from its annual appropriations,
the DOE’s Special Fund created under Section 8 of Presidential Decree No. 910, as
amended, and such amount allocated under Section 10 of this Act.
SEC. 27. Separability Clause.—If, for any reason, any section or provision of this
Act is declared unconstitutional or invalid, such parts not affected thereby shall remain
in full force and effect.
SEC. 28. Repealing Clause.—All laws, presidential decrees, executive orders, is-
suances, rules and regulations or parts thereof, which are inconsistent with the provi-
sions of this Act are hereby repealed or immediately modified accordingly.
458
OIL DEREGULATION
SEC. 29. Effectivity.—This Act shall take effect upon its complete publication in
at least two (2) newspapers of general circulation.
Legality of the Deregulation Policy
A policy decision of Congress to deregulate oil prices is a question of wisdom of pol-

icy and is outside of the ambit of the Supreme Court. If oligopoly is the concern, there
are other legal safeguards available to address it.
Background:
The regulation of the price of oil, and worse, its subsidy, keeps the price unrea-
sonably low and fails to take into account the full costs in the production, distribution
and environmental impact of the use of this fossil fuel. Deregulating it and removing
any form of subsidy, while short of full-cost pricing is a nevertheless step in the right
direction.
Facts: Congress enacted Republic Act No. 8479, a law regulating the down-
stream oil industry. Section 19 of Republic Act No. 8479 states in full:
“ SEC. 19. Start of Full Deregulation—Full deregulation of the oil industry shall start five
(5) months following the effectivity of this Act: Provided, however, That when the public interest
so requires, the President may accelerate the start of full deregulation upon the recommendation
of the DOE and the Department of Finance when the prices of crude oil and petroleum products
in the world market are declining and the value of the peso in relation to the US dollar is stable,
taking into account relevant trends and prospects;
Provided further, that the foregoing provision notwithstanding the five (5) month transition
phase shall continue to apply to LPG, regular gasoline and kerosene as socially-sensitive petro-
leum products and said petroleum products shall be covered by the automatic pricing mechanism
during the said period.…”Congressman Enrique T. Garcia contends that Section 19 of Republic
Act No. 8479, “which prescribes the period for the removal of price control on gasoline and other
finished products and for the full deregulation of the local downstream oil industry, is patently
contrary to public interest and therefore unconstitutional because within the short span of five
months, the market is still dominated and controlled by an oligopoly of the ‘Big 3,’ namely, Shell,
Caltex, and Petron.”
The petition states that “if the constitutional mandate against monopolies and
combinations in restraint of trade is to be obeyed, there should be indefinite and open-
ended price controls on gasoline and other oil products for as long as necessary.” This
will allegedly prevent the Big 3 from price fixing and overpricing. Garcia calls the in-
definite retention of price controls as “partial deregulation.”
Issue: Is Section 19 valid and constitutional?
459
LAND
Held: Yes. The challenged provision is a policy decision of Congress and that the
wisdom of the provision is outside the authority of the Court to consider. The choice of
March 1997 as the date of full deregulation is a judgment of Congress, which cannot be
impugned by the Court.
Indefinite price control is not the only feasible legal way to enforce the constitu-
tional mandate against oligopolies. Article 186 of the Revised Penal Code punishes as a
felony the creation of monopolies and combinations in restraint of trade. Section 11 of
Republic Act No. 8479, entitled “Anti-Trust Safeguards,” defines and prohibits carteli-
zation and predatory pricing. Section 13 further provides for “Remedies” under which
the filing of actions by government prosecutors and investigation of private complaints
are provided.
“The disciplined, determined, consistent and faithful execution of the law is the function of
the President. The remedy against unreasonable price increases is not the nullification of Section
19 of Republic Act No. 8479 but the setting into motion of its various other provisions.”
Garcia v. Corona
G.R. No. 132451, December 17, 1999
Pilferage of Electricity (Republic Act 7832)
SECTION 1. Short Title.—

This Act shall be referred to as the
“Anti-Electricity and Electric
Transmission Lines/Materials
Pilferage Act of 1994.”
SEC. 2. Illegal Use of Electric-
ity.—It is hereby declared unlawful
for any person, whether natural or
juridical, public or private, to:
a. Tap, make, or cause to be
made any connection with over-
head lines, service drops, or other
electric service wires, without
previous authority or consent of
the private electric utility or rural
electric cooperative concerned;
b. Tap, make, or cause to be
made any connection to the exist-
ing electric service facilities of any
duly registered consumer without
the latter’s or the electric utility’s
consent or authority;
Breaking dawn. Sun popping out of the water.
(A. Oposa)
460
PILFERAGE OF ELECTRICITY
c. Tamper, install, or use a tampered electrical meter, jumper, current reversing

transformer, shorting or shunting wire, loop connection or any other device which inter-
feres with the proper or accurate registry or metering of electric current or otherwise re-
sults in its diversion in a manner whereby electricity is stolen or wasted;
d. Damage or destroy an electric meter, equipment, wire or conduit or allow any
of them to be so damaged or destroyed as to interfere with the proper or accurate meter-
ing of electric current; and
e. Knowingly use or receive the direct benefit of electric service obtained through
any of the acts mentioned in subsections (a), (b), (c), and (d) above.
SEC. 3. Theft of Electric Power Transmission Lines and Materials.—
a. It is hereby declared unlawful for any person to:
1. Cut, saw, slice, separate, split, severe, smelt, or remove any electric
power transmission line/material or meter from a tower, pole, or any other instal-
lation or place of installation or any other place or site where it may be rightfully
or lawfully stored, deposited, kept, stocked, inventoried, situated or located, with-
out the consent of the owner, whether or not the act is done for profit or gain;
2. Take, carry away or remove or transfer, with or without the use of a mo-
tor vehicle or other means of conveyance, any electric power transmission
line/material or meter from a tower, pole, any other installation or place of instal-
lation, or any place or site where it may be rightfully or lawfully stored, deposited,
kept, stocked, inventoried, situated or located without the consent of the owner,
whether or not the act is done for profit or gain;
3. Store, possess or otherwise keep in his premises, custody or control, any
electric power transmission line/material or meter without the consent of the
owner, whether or not the act is done for profit or gain; and
4. Load, carry, ship or move from one place to another, whether by land, air
or sea, any electrical power transmission line/material, whether or not the act is
done for profit or gain, without first securing a clearance/permit for the said pur-
pose from its owner or the National Power Corporation (NPC) or its regional office
concerned, as the case may be.
b. For purposes of this section, electrical power transmission line/material refers
to electric power transmission steel towers, woodpoles, cables, wires, insulators, line
hardwares, electrical conductors and other related items with a minimum voltage of
sixty-nine kilovolts (69 kv), such as the following:
1. Steel transmission line towers made of galvanized steel angular members
and plates or creosoted and/or lannelized woodpoles/ concrete poles and designed
to carry and support the conductors;
2. Aluminum Conductor Steel Reinforced (ACSR) in excess of one hundred
(100) MCM;
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3. Overhead ground wires made of 7 strands of galvanized steel wires, 3.08

millimeters in diameter and designed to protect the electrical conductors from
lightning strikes;
4. Insulators made of porcelain or glass shell and designed to insulate the
electrical conductors from steel towers or woodpoles; and
5. Various transmission line hardwares and materials made of aluminum
alloy or malleable steel and designed to interconnect the towers, conductors,
ground wires, and insulators mentioned in subparagraphs (1), (2), (3), and (4)
above for the safe and reliable operation of the transmission lines.
SEC. 4. Prima Facie Evidence—
a. The presence of any of the following circumstances shall constitute prima facie
evidence of illegal use of electricity, as defined in this Act, by the person benefited
thereby, and shall be the basis for: (1) the immediate disconnection by the electric util-
ity to such person after due notice, (2) the holding of a preliminary investigation by the
prosecutor and the subsequent filing in court of the pertinent information, and (3) the
lifting of any temporary restraining order or injunction which may have been issued
against a private electric utility or rural electric cooperative:
(i) The presence of a bored hole on the glass cover of the electric meter, or
at the back or any other part of said meter;
(ii) The presence inside the electric meter of salt, sugar and other ele-
ments that could result in the inaccurate registration of the meter’s internal parts
to prevent its accurate registration of consumption of electricity;
(iii) The existence of any wiring connection which affects the normal opera-
tion or registration of the electric meter;
(iv) The presence of a tampered, broken, or fake seal on the meter, or muti-
lated, altered or tampered meter recording chart or graph, or computerized chart,
graph, or log;
(v) The presence in any part of the building or its premises which is sub-
ject to the control of the consumer or on the electric meter, of a current reversing
transformer, jumper, shorting and/or shunting wire, and/or loop connection or any
other similar device;
(vi) The mutilation, alteration, reconnection, disconnection, bypassing or
tampering of instruments, transformers, and accessories;
(vii) The destruction of, or attempt to destroy, any integral accessory of the
metering device box which encases an electric meter, or its metering accessories;
and
(viii) The acceptance of money and/or other valuable consideration by any of-
ficer of employee of the electric utility concerned or the making of such an offer to
any such officer or employee for not reporting the presence of any of the circum-
462
stances enumerated in subparagraphs (i), (ii), (iii), (iv), (v), (vi), or (vii) hereof: Pro-
vided, however, That the discovery of any of the foregoing circumstances, in order
to constitute prima facie evidence, must be personally witnessed and attested to by
an officer of the law or a duly authorized representative of the Energy Regulatory
Board (ERB).
b. The possession or custody of electric power transmission line/material by any
person, natural or juridical, not engaged in the transformation, transmission or distri-
bution of electric power, or in the manufacture of such electric power transmission
line/material shall be prima facie evidence that such line/material is the fruit of the
offense defined in Section 3 hereof and therefore such line/material may be confiscated
from the person in possession, control or custody thereof.
SEC. 5. Incentives.—An incentive scheme by way of a monetary reward in the
minimum amount of five thousand pesos (P5,000) shall be given to any person who shall
report to the NPC or police authorities any act which may constitute a violation of Sec-
tion 3 hereof. The Department of Energy (DOE), in consultation with the NPC, shall
issue the necessary guidelines for the proper implementation of this incentive scheme
within thirty (30) days from the effectivity of this Act.
SEC. 6. Disconnection of Electric Service.—The private electric utility or rural
electric cooperative concerned shall have the right and authority to disconnect immedi-
ately the electric service after serving a written notice or warning to that effect, without
the need of a court or administrative order, and deny restoration of the same, when the
owner of the house or establishment concerned or someone acting in his behalf shall
have been caught en flagrante delicto doing any of the acts enumerated in Section 4 (a)
hereof, or when any of the circumstances so enumerated shall have been discovered for
the second time: Provided, That in the second case, a written notice or warning shall
have been issued upon the first discovery: Provided, further, That the electric service
shall not be immediately disconnected or shall be immediately restored upon the de-
posit of the amount representing the differential billing by the person denied the ser-
vice, with the private electric utility or rural electric cooperative concerned or with the
competent court, as the case may be: Provided, furthermore, That if the court finds that
illegal use of electricity has not been committed by the same person, the amount depos-
ited shall be credited against future billings, with legal interest thereon chargeable
against the private utility or rural electric cooperative, and the utility or cooperative
shall be made to immediately pay such person double the value of the payment or de-
posit with legal interest, which amount shall likewise be creditable against immediate
future billings, without prejudice to any criminal, civil or administrative action that
such person may be entitled to file under existing laws, rules and regulations: Provided,
finally, That if the court finds the same person guilty of such illegal use of electricity, he
shall, upon final judgment, be made to pay the electric utility or rural electric coopera-
tive concerned double the value of the estimated electricity illegally used which is re-
ferred to in this section as differential billing.
463
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For purposes of this Act, differential billing shall refer to the amount to be charged
to the person concerned for the unbilled electricity illegally consumed by him as deter-
mined through the use of methodologies which utilize, among others, as basis for deter-
mining the amount of monthly electric consumption in kilowatt-hours to be billed, either:
(a) the highest recorded monthly consumption within the five-year billing period preced-
ing the time of the discovery, (b) the estimated monthly consumption as per the report of
load inspection conducted during the time of discovery, (c) the higher consumption be-
tween the average consumptions before or after the highest drastic drop in consumption
within the five-year billing period preceding the discovery, (d) the highest recorded
monthly consumption within four (4) months after the time of discovery, or (e) the result
of the ERB test during the time of discovery and, as basis for determining the period to be
recovered by the differential billing either: (1) the time when the electric service of the
person concerned recorded an abrupt or abnormal drop in consumption, or (2) when there
was a change in his service connection such as a change of meter, change of seal or recon-
nection, or in the absence thereof, a maximum of sixty (60) billing months up to the time
of discovery: Provided, however, That such period shall, in no case, be less than one (1)
year preceding the date of discovery of the illegal use of electricity.
a. Violation of Section 2—The penalty of prision mayor or a fine ranging from
Ten Thousand Pesos (P10,000) to Twenty Thousand Pesos (P20,000) or both, at the
discretion of the court, shall be imposed on any person found guilty of violating Section
2 hereof.
b. Violation of Section 3—The penalty of reclusion temporal or a fine ranging
from Fifty Thousand Pesos (P50,000) to One Hundred Thousand Pesos (P100,000) or
both at the discretion of the court, shall be imposed on any person found guilty of violat-
ing Section 3 hereof.
c. Provision Common to Violations of Section 2 and Section 3 Hereof—If the of-
fense is committed by, or in connivance with, an officer or employee of the power com-
pany, private electric utility or rural electric cooperative concerned, such officer or em-
ployee shall, upon conviction, be punished with a penalty one (1) degree higher than the
penalty provided herein, and forthwith be dismissed and perpetually disqualified from
employment in any public or private utility or service company and from holding any
public office.
If, in committing any of the acts enumerated in Section 4 hereof, any of the other
acts as enumerated is also committed, then the penalty next higher in degree as pro-
vided herein shall be imposed.
If the offense is committed by, or in connivance with an officer or employee of the
electric utility concerned, such officer or employee shall, upon conviction, be punished
with a penalty one (1) degree higher than the penalty provided herein, and forthwith be
dismissed and perpetually disqualified from employment in any public or private utility
or service company. Likewise, the electric utility concerned which shall have knowingly
464
permitted or having knowledge of its commission shall have failed to prevent the same,
or was otherwise guilty of negligence in connection with the commission thereof, shall
be made to pay a fine not exceeding triple the amount of the ‘differential billing’ subject
to the discretion of the courts.
If the violation is committed by a partnership, firm, corporation, association or any
other legal entity, including a government-owned or controlled corporation, the penalty
shall be imposed on the president, manager and each of the officers thereof who shall
have knowingly permitted, failed to prevent or was otherwise responsible for the com-
mission of the offense.
SEC. 8. Authority to Impose Violation of Contract Surcharges.—A private elec-
tric utility or rural electric cooperative may impose surcharges, in addition to the value
of the electricity pilfered, on the bills of any consumer apprehended for tampering with
his electric meter/metering facility installed on his premises, as well as other violations
of contract like direct connection, use of jumper, and other means of illicit usage of elec-
tricity found installed in the premises of the consumer. The surcharge for the violation
of contract shall be collected from and paid by the consumer concerned as follows:
a. First apprehension—Twenty five percent (25%) of the current bill as sur-
charge;
b. Second apprehension—Fifty percent (50%) of the current bill as surcharge; and
c. Third and subsequent apprehensions—One hundred percent (100%) of the cur-
rent bill as surcharge.
The private electric utility or rural electric cooperative is authorized to discontinue
the electric service in case the consumer is in arrears in the payment of the above im-
posed surcharges.
The term apprehension as used herein shall be understood to mean the discovery
of the presence of any of the circumstances enumerated in Section 4 hereof in the estab-
lishment or outfit of the consumer concerned.
SEC. 9. Restriction on the Issuance of Restraining Orders or Writs of Injunction
—No writ of injunction or restraining order shall be used by any court against any pri-
vate electric utility or rural electric cooperative exercising the right and authority to
disconnect electric service as provided in this Act, unless there is prima facie evidence
that the disconnection was made with evident bad faith or grave abuse of authority.
If, notwithstanding the provisions of this section, a court issues an injunction or
restraining order, such injunction or restraining order shall be effective only upon the
filing of a bond with the court, which shall be in the form of cash or cashier’s check
equivalent to the “differential billing,” penalties and other charges, or to the total value
of the subject matter of the action: Provided, however, That such injunction or restrain-
ing order shall automatically be refused or, if granted, shall be dissolved upon filing by
the public utility of a counterbond similar in form and amount as that above required:
Provided, finally, That whenever such injunction is granted, the court issuing it shall,
465
LAND
within ten (10) days from its issuance, submit a report to the Supreme Court setting
forth in detail the grounds or reason for its order.
SEC. 10. Rationalization of System Losses by Phasing out Pilferage Losses as a
Component Thereof — There is hereby established a cap on the recoverable rate of sys-
tem losses as follows:
a. For private electric utilities:
1. Fourteen and a half percent (14 1/2%) at the end of the first year follow-
ing the effectivity of this Act;
2. Thirteen and one-fourth percent (13 1/4%) at the end of the second year
following the effectivity of this Act;
3. Eleven and three-fourths percent (11 3/4%) at the end of the third year
following the effectivity of this Act; and
4. Nine and a half-percent (9 1/2%) at the end of the fourth year following
the effectivity of this Act.
Provided, That the ERB is hereby authorized to determine at the end of the fourth
year following the effectivity of this Act, and as often as necessary taking into account
the viability of private electric utilities and the interest of the consumers, whether the
caps herein or theretofore established shall be reduced further which shall, in no case,
be lower than nine percent (9%) and accordingly fix the date of the effectivity of the new
caps: Provided, further, That in the calculation of the system loss, power sold by the
NPC or any other entity that supplies power directly to a consumer and not through the
distribution system of the private electric utility shall not be counted even if the billing
for the said power used is through the private electric utility.
The term power sold by NPC or any other entity that supplies power directly to a
consumer as used in the preceding paragraph shall for purposes of this section be
deemed to be a sale directly to the consumer if: (1) the point of metering by the NPC or
any other utility is less than one thousand (1,000) meters from the consumer, or (2) the
consumer’s electric consumption is three percent (3%) or more of the total load con-
sumption of all the customers of the utility, or (3) there is no other consumer connected
to the distribution line of the utility which connects to the NPC or any other utility
point of metering to the consumer meter.
b. For rural electric cooperatives:
1. Twenty-two percent (22%) at the end of the first year following the effec-
tivity of this Act;
2. Twenty percent (20%) at the end of the second year following the effectiv-
ity of this Act;
3. Eighteen percent (18%) at the end of the third year following the effectiv-
ity of this Act;
466
4. Sixteen percent (16%) at the end at the fourth year following the effectiv-
ity of this Act; and
5. Fourteen percent (14%) at the end of the fifth year following the effectiv-
ity of this Act.
Provided, That the ERB is hereby authorized to determine at the end of the fifth
year following the effectivity of this Act, and as often as is necessary, taking into ac-
count the viability of rural electric cooperatives and the interest of the consumers,
whether the caps herein or theretofore established shall be reduced further which shall,
in no case, be lower than nine percent (9%) and accordingly fix the date of the effectivity
of the new caps.
Provided, finally, That in any case nothing in this Act shall impair the authority of the
ERB to reduce or phase out technical or design losses as a component of system losses.
SEC. 11. Area of Coverage.—The caps provided in Section 10 of this Act shall
apply only to the area of coverage of private electric utilities and rural electric coopera-
tives as of the date of the effectivity of this Act.
The permissible levels of recovery for system losses in areas of coverage that may
be added on by either a private electric utility or a rural electric cooperative shall be
determined by the ERB.
SEC. 12. Recovery of Pilferage Losses.—Any private electric utility or rural elec-
tric cooperative which recovers any amount of pilferage losses shall, within thirty (30)
days from said recovery, report in writing and under oath to the ERB: (a) the fact of
recovery, (b) the date thereof; (c) the name of the consumer concerned, (d) the amount
recovered, (e) the amount of pilferage loss claimed, (f) the explanation for the failure to
recover the whole amount claimed, and (g) such other particulars as may be required by
the ERB. If there is a case pending in court for the recovery of a pilferage loss, no pri-
vate electric utility or rural electric cooperative shall accept payment from the con-
sumer unless so provided in a compromise agreement duly executed by the parties and
approved by the court.
SEC. 13. Information Dissemination.—The private electric utilities, the rural
electric cooperatives, the NPC, and the National Electrification Administration (NEA)
shall, in cooperation with each other, undertake a vigorous campaign to inform their
consumers of the provisions of this Act especially Sections 2, 3, 4, 5, 6, 7, and 8 hereof,
within sixty (60) days from the effectivity of this Act and at least once a year thereafter,
and to incorporate a faithful condensation of said provisions in the contracts with new
consumers.
SEC. 14. Rules and Regulations.—The ERB shall, within thirty (30) working
days after the conduct of due hearings which must commence within thirty (30) working
days upon the effectivity of this Act, issue the rules and regulations as may be neces-
sary to ensure the efficient and effective implementation of the provisions of this Act, to
include but not limited to, the development of methodologies for computing the amount
467
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of electricity illegally used and the amount of payment or deposit contemplated in Sec-
tion 7 hereof, as a result of the presence of the prima facie evidence discovered.
The ERB shall, within the same period, also issue rules and regulations on the
submission of the reports required under Section 12 hereof and the procedure for the
distribution to or crediting of consumers for recovered pilferage losses.
SEC. 15. Separability Clause.—Any portion or provision of this Act which may
be declared unconstitutional or invalid shall not have the effect of nullifying other por-
tions or provisions hereof.
SEC. 16. Repealing Clauses.—The provisions in Presidential Decree No. 401, as
amended by Batas Pambansa Blg. 876, penalizing the unauthorized installation of elec-
trical connections, tampering and/or knowing use of tampered electrical meters or other
devices, and the theft of electricity are hereby expressly repealed. All other laws, ordi-
nances, rules, regulations, and other issuances or parts thereof, which are inconsistent
with this Act, are hereby repealed or modified accordingly.
SEC. 17. Effectivity Clause.—This Act shall take effect thirty (30) days after its
publication in the Official Gazette or in any two (2) national newspapers of general
circulation.
Electric Power Industry Reform Act of 2001 (EPIRA Law)

(Republic Act 9136)
SEC. 34. Universal Charge.—Within one (1) year from the effectivity of this Act,
a universal charge to be determined, fixed and approved by the ERC., shall be imposed
on all electricity end-users for the following purposes:
a. Payment for the stranded debts in excess of the amount assumed by the Na-
tional Government and stranded contract costs of NPC and as well as qualified
stranded contract costs of distribution utilities resulting from the restructuring of the
industry;
b. Missionary electrification;
c. The equalization of the taxes and royalties applied to indigenous or renewable
sources of energy vis-a-vis imported energy fuels;
d. An environmental charge equivalent to one-fourth of one centavo per kilo-
watt-hour (P0.0025/kWh), which shall accrue to an environmental fund to be used
solely for watershed rehabilitation and management. Said fund shall be managed
by NPC under existing arrangements; and
e. A charge to account for all forms of cross-subsidies for a period not exceeding
three (3) years.
468
ELECTRIC POWER INDUSTRY REFORM ACT OF 2001
(EPIRA LAW)
The universal charge shall be non-bypassable charge which shall be passed on and
collected from all end-users on a monthly basis by the distribution utilities. Collections
by the distribution utilities and the TRANSCO in any given month shall be remitted to
the PSALM Corp. on or before the fifteenth (15th) of the succeeding month, net of any
amount due to the
distribution utility.
Any end-user or
self-generating
entity not con-
nected to a distri-
bution utility shall
remit its corres-
ponding universal
charge directly to
the TRANSCO.
The PSALM
Corp., as adminis-
trator of the fund,
shall create a Spe-
cial Trust Fund
which shall be dis-
bursed only for the
purposes specified
herein in an open
and transparent “Great things are done when men and mountain meet.”—William
manner. All Blake
amounts collected (A. Oposa)
for the universal
charge shall be distributed to the respective beneficiaries within a reasonable period to
be provided by the ERC.
SEC. 35. Royalties, Returns and Tax Rates for Indigenous Energy Resources.—
The provisions of Section 79 of Commonwealth Act No. 137 (C.A. No. 137) and any law
to the contrary notwithstanding, the President of the Philippines shall reduce the royal-
ties, returns and taxes collected for the exploitation of all indigenous sources of energy,
including but not limited to, natural gas and geothermal steam, so as to effect parity of
tax treatment with the existing rates for imported coal, crude oil, bunker fuel and other
imported fuels.
To ensure lower rates for end-users, the ERC shall forthwith reduce the rates of
power from all indigenous sources of energy.
SEC. 65. Environmental Protection.—Participants in the generation, distribu-
tion and transmission sub-sectors of the industry shall comply with all environmental
laws, rules, regulations and standards promulgated by the Department of Environment
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and Natural Resources including, in appropriate cases, the establishment of an envi-

ronmental guarantee fund.
Approved: June 08 2001.
Implementing the Natural Gas Vehicle Program

for Public Transport
(Executive Order No. 290)
WHEREAS, Republic Act No. (RA) 7638, otherwise known as the “Department of
Energy Act of 1992”, declares that it is the policy of the State to ensure continuous ade-
quate and economic supply of energy through the integrated and intensive exploration,
production, management and development of the country’s indigenous energy resources,
with due regard to ecological concerns;
WHEREAS, RA No.
8749, also known as the “Man has been endowed with reason, with the power to cre-
“Philippine Clean Air Act ate, so that he can add to what he’s been given. But up to now
of 1999”, declares as a he hasn’t been a creator, only a destroyer. Forests keep disap-
policy the promotion and pearing, rivers dry up, wild life’s become extinct, the climate’s
protection of the environ- ruined and the land grows poorer and uglier every day.”—
Uncle Vanya, 1897)
ment against pollution
(A. Oposa)
from mobile sources;
WHEREAS, the Malampaya Gas-to-Power Project represents the beginning of the
natural gas industry in the Philippines with three gas-fired power plants with a total
installed capacity of 2,760 MW as initial customers;
WHEREAS, apart from its application in the power sector, natural gas may be
used as fuel for vehicles in the transport sector and as a source of energy in the indus-
trial and commercial sectors;
WHEREAS, the launching on October 16, 2002 of the Natural Gas Vehicle Pro-
gram for Public Transport saw the unveiling of a portfolio of incentives to encourage
active participation of the private sector to provide the necessary support, logistics, and
infrastructure;
WHEREAS, the NGVPPT is envisioned to enhance the energy supply security in
the transport sector through fuel diversification using indigenous natural gas;
WHEREAS, natural gas is a clean burning alternative fuel for vehicles which has
the potential to produce substantially lower pollutant emissions and can provide a solu-
tion to the pressing environmental problems in urban areas.
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Public
Transport (NGVPPT) shall have the following objectives:
SECTION 1. Program Objectives.—The Natural Gas Vehicle Program for Public
Transport (NGVPPT) shall have the following objectives:
470
IMPLEMENTING THE NATURAL GAS VEHICLE
PROGRAM FOR PUBLIC TRANSPORT
1.1 To enhance energy supply security in the transport sector through fuel diver-
sification using indigenous natural gas; and –
1.2 To use compressed natural gas (CNG) as a clean alternative fuel for transport.
SEC. 2. Coverage.—The NGVPPT, as an integral part of the Philippine Natural
Gas Industry, shall cover the following key components:
2.1 Gas Supply. Natural gas shall be supplied as CNG in the transport sector
through: I) the use of indigenous gas resource, i.e. the Malampaya gas from Palawan,
for the NGVPPT and other local gas that will be explored for additional demand; and II)
the importation of liquefied natural gas (LNG) from gas producers around the world to
supplement existing indigenous gas supply.
2.2 Infrastructure development. CNG refueling stations and all related facilities
shall be established in strategic locations along major thoroughfares in Metro Manila
and Luzon to serve the fuel needs of CNG-powered public utility vehicles (PUVs). The
CNG refueling stations may involve a combination of a “mother-daughter” system
and/or an on-line station where the required gas pipeline is already available. In the
absence of a pipeline at the initial phase of the NGVPPT, the refueling set up shall be a
“mother-daughter” scheme where a high-pressure mother station shall be built inside
the Malampaya Onshore Gas Plant (MOGP) and the Daughter stations shall be estab-
lished in identified strategic locations.
2.3 Market Development. The public transport sector, which includes public util-
ity buses (PUBs), public utility jeepneys (PUJs), taxis and other PUVs, shall be encour-
aged to use natural gas fuel.
2.4 Technology. Existing NGV technology in the world for refueling systems and
transport vehicles shall be adopted locally in compliance with applicable local and in-
ternational standards. For transport vehicles, available NGV technology shall include
Original Equipment Manufactured (OEM) – NGVs, retrofit system and conversion op-
tions.
The use of OEM-NGvs shall be strongly recommended as the technology to be
adopted during the initial phase of the NGVPPT followed by the retrofit system and con-
version option when the same shall have become technically and commercially feasible.
2.5 Incentives and Financial Assistance. The NGVPPT shall develop and offer in-
centive packages for all NGV industry stakeholders.
2.6 Manpower Development. Local technical capability and expertise on NGV ret-
rofitting; conversion; fabrication of conversion systems; NGV and refueling station op-
eration and maintenance; and other related activities as well as the capability to locally
produce NGV chassis, bodies and engines shall be pursued through technology transfer
and training.
2.7 Standards and Other Regulatory Concerns. The standards, codes of practice
and other regulatory procedures shall be established by the relevant agencies to ensure
the integrity of the NGVPPT and public safety.
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2.8 Information Education Communication (IEC). An IEC program shall inform

and educate stakeholders and the general public on the benefits of using natural gas
particularly in the transport sector.
SEC. 3. Lead Implementing Agency.—Consistent with Executive Order No. 66,
series of 2002, designating the DOE as the lead agency in developing the Philippine
natural gas industry, the DOE shall be the lead implementing agency for the NGVPPT.
In coordination with different government agencies, institutions and the private sector,
the DOE shall:
(I) Take the lead in implementing the NGVPPT, including pilot projects to spur
accelerated development, to encourage the use of CNG-powered PUVs and establish-
ment of the necessary refueling infrastructure;
(II) Develop an implementation plan to ensure the success, synergy and continu-
ity of all activities related to the NGVPPT; (III) Develop and implement the necessary
guidelines for the accomplishment of the objectives of this Executive Order;
(IV) Develop a CNG Masterplan in coordination/cooperation with concerned gov-
ernment agencies/institutions and in consultation with all stakeholders; and
(V) Facilitate program participants’ access to privileges and incentives.
SEC. 4. Co-Implementing Agencies.—The following government agencies/insti-
tutions shall work with the DOE to implement the NGVPPT:
4.1 The Department of Environment and Natural Resources (DENR), through its
Environmental Management Bureau (EMB), shall fast track the issuance of Environ-
mental Compliance Certificates (ECC) for NGV facilities and refueling stations and
shall formulate emission standards for CNG.
4.2 The Department of Finance (DOF) shall create a pricing environment conduc-
tive to the use of CNG vis-à-vis diesel and shall formulate tax policies relative to the
NGVPPT, and through (I) The Bureau of Internal Revenue (BIR), develop revenue regu-
lations for the implementation of time-bound tax incentives for CNG, NGVs and related
facilities and infrastructure; and (II) The Bureau of Customs (BOC), implement guide-
lines on reduced tariffs on NGVs, NGV engines and other NGV industry related equip-
ment, facilities parts and components duly certified by the DOE.
4.3 The Department of Science and Technology (DOST) shall develop and pro-
mote locally manufactured NGV conversion kits, parts and components; develop train-
ing modules on NGV conversion operation and maintenance and refueling station op-
eration and maintenance; and establish testing centers for NGV systems, components
and related equipment and facilities together with the DOE.
4.4 The Department of Trade and Industry (DTI), through (I) The Bureau of
Product Standards (BPS), shall establish Philippine National Standards for Natural
Gas Utilization in the Transport Sector and certify the safety of CNG fuel, NGVs, NGV
systems and components and related equipment and facilities; and (II) The Board of
Investments (BOI), shall enhance existing incentive packages for land transportation
472
using CNG, conversion shops, terminals with CNG refueling stations and the manufac-
ture/assembly of NGVs and provide incentives to the other NGV industry related activi-
ties.
4.5 The Department of Transportation and Communications (DOTC) shall work
with the DOE to develop an implementation plan for a gradual shift to CNG fuel utili-
zation in PUVs and promote NGVs in Metro Manila and Luzon through the issuance of
directives/orders providing preferential franchises in present day major routes and
exclusive franchises to NGVs in newly opened routes, compliance with emission stan-
dards and other preferential incentives though (I) The Land Transportation Office
(LTO), which shall issue Certificates of Compliance (COC) with emission standards to
NGVs; (II) The Land Transportation Franchising and Regulatory Board (LTFRB),
which shall grant preferential and exclusive Certificates of Public Convenience (CPC) or
franchises to operators of NGVs based on the results of the DOTC surveys.
4.6 The Department of Interior and Local Government (LTFRB) shall formulate
safety measures relative to NGV industry practices and apprehend violators of stan-
dards and safety rules and regulations.
4.7 The Metro Manila Development Authority (MMDA) shall provide regulatory
and administrative support and introduce traffic schemes favoring NGVs to enhance
the use of such NGVs in Metro Manila, and shall integrate the location of CNG refuel-
ing stations within the overall plan/rationalization of its intermodal terminal program.
4.8 The Tariff Commission (TC) shall reduce tariffs on NGVs, NGV engines, con-
version kits/systems, refueling equipment and other NGV industry related equipment,
facilities, parts and components.
4.9 The Technical Education and Skills Development Authority (TESDA) shall
develop training modules and conduct training for NGV conversion/retrofit/main-
tenance engineers, mechanics and technicians and certify the same after training.
4.10 Government financing institutions (GFIs) such as, but not limited to, the
Development Bank of the Philippines (DBP), Landbank of the Philippines (LBP), Trade
and Investment Development Corp. of the Philippines (TIDCORP) and the Small Busi-
ness Guarantee Fund Corporation (SBGFC) shall develop separate financing windows
for the NGV industry which provide affordable and commercially tenable financing to
NGV, refueling station and related infrastructure operators.
4.11 The Philippine National Oil Company (PNOC), together with its subsidiary,
PNOC-Exploration Corporation, shall provide the necessary support for infrastructure
development such as, but not limited to, the gas supply for performance testing of demo
NGVs.
SEC. 5. Privileges.—The following privileges and incentives may be availed of by
the NGVPPT participants.
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5.1 Income tax holiday for pioneering projects qualifying under the BOI’s In-
vestments Priorities Plan;
5.2 One percent (1%) rate of duty on imported NGVs, NGV engines and other
NGV industry related equipment, facilities, parts and components as certified by the
DOE;
Taxicab in India. By order of the Supreme Court of India, all public vehicles – taxis,
buses, etc. in New Delhi are now fueled by natural gas.
(A. Oposa)
5.3 Issuance by the LTO of Certificates of Compliance with Emissions Standards

to NGVs;
5.4 Preferential and exclusive franchises from the LTFRB for NGVs to newly
opened routes;
5.5 Accelerated issuance by the DENR of ECC for NGV facilities and refueling
stations;
5.6 Affordable and commercially tenable financial packages from GFIs;
5.7 Manpower development and capability building through training and tech-
nology transfer programs;
5.8 Attractive CNG prices which translate to a discount to diesel price;
5.9 Other privileges and incentives that may be subsequently provided.
SEC. 6. Pilot Project.—A Pilot Project shall be established to demonstrate and
showcase the initial operation of natural gas buses for public transport in the Batangas-
474
Manila and/or Metro Manila routes using indigenous natural gas from the MOGP in
Batangas.
The overall objective of the Pilot Project is to promote the use of CNG as an in-
digenous clean alternative fuel to diesel and improve air quality. The Pilot Project will
evaluate the commercial viability, technical requirements, market demand, impact of
incentives and public acceptance for natural gas in the public transport sector.
The components of the Pilot Project include I) launching of 100 OEM natural gas
buses; II) construction/operation of mother-daughter CNG refueling stations; III) appli-
cation/operationalization of newly designed incentives and financing packages; and IV)
IEC campaigns.
SEC. 7. Creation of the Executive Forum.—A NGVPPT Executive Forum (execu-
tive Forum) is hereby created to function as a regular and permanent body to provide
effective leadership, coordination and proper direction in the implementation of the
NGVPPT.
SEC. 8. Composition of the Executive Forum
8.1 The Executive Forum shall be composed of the lead implementing and co-
implementing agencies with the Undersecretary of the Department of Energy as Chair-
person and senior officials of the co-implementing agencies as members.
8.2 Representatives from the private sector may be invited to serve as members
and/or resource participants of the Forum to promote an environment conducive to
active private sector participation in the NGVPPT. Such private sector representatives
may include representatives from infrastructure developers, refueling station operators,
the transport sector, non-governmental organizations and other similar entities.
8.3 The Chairperson and each of the members shall designate a permanent al-
ternate.
SEC. 9. Powers and Functions
9.1 The Executive Forum shall accelerate, integrate and coordinate interagency ac-
tivities that include the implementation of existing privileges and incentives and formula-
tion of additional fiscal and nonfiscal incentives, financial packages and standards;
9.2 The Executive Forum shall develop its own programs, plans and activities in
pursuit of the objectives of this Executive Order. Monitor the implementation of agency
actions and recommendations arising therefrom and recommend the necessary meas-
ures that will enhance competitiveness of the NGV industry;
9.3 The Executive Forum shall develop its own internal rules that shall govern
the conduct of its meetings and other deliberations or proceedings;
9.4 The Executive Forum shall meet as often as necessary but in no case less
than once every quarter to discuss or deliberate on any action, recommendation and/or
proposal.
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SEC. 10. Secretariat.—Technical and secretariat support to the Executive Fo-

rum shall be provided by the DOE.
SEC. 11. Separability Clause.—In the event that any of the provisions of this
Executive Order is declared unconstitutional with finality by a court of competent juris-
diction, the validity of the other provisions shall not be affected by such declaration.
SEC. 12. Effectivity.—This Executive Order shall take effect immediately.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the
Republic of the Philippines to be affixed.
DONE in the City of Manila, this 24th day of February 2004.
Energy Conservation Program (Administrative Order No. 126)

Strengthening measures to address the extraordinary increase in world oil prices,
directing the enhanced implementation of the government’s energy conservation pro-
gram, and for other purposes (Admin. Order No. 126)
WHEREAS, pursuant to Republic Act No. 7638, it is declared the policy of the
State to ensure a continuous, adequate, reliable and economic supply of energy through
the judicious conservation, renewal and efficient utilization of energy, to keep pace with
the country’s growth and economic development.
WHEREAS, the continuous rise in the prices of oil in the world market has drasti-
cally affected the prices of fuel and other domestic products in the country;
WHEREAS, it is imperative that measures be immediately adopted to minimize, if
not forestall any adverse effect of the world prices of oil on the country’s economy:
WHEREAS, to cushion the effects of increasing oil prices on the domestic economy,
there is a need for the government to exert efforts to promote the judicious use of our
energy resources through intensified conservation effort and efficient utilization thereof;
WHEREAS, on 31 August 2004, the President issued Administrative Order No.
103 (s. 2004), which, among others, required all government agencies, including gov-
ernment-owned and controlled corporations, government financial institutions and
other government instrumentalities to adopt austerity measures including the reduc-
tion of at least ten percent (10%) in the cost of the consumption of fuel, electricity and
other utilities.
WHEREAS, on 25 October 2004, the President also issued Administrative Order
No. 110 (s. 2004) directing the institutionalization of a Government Energy Manage-
ment Program (GEMP);
WHEREAS, the energy conservation program of the government should also be
disseminated to the public in order to create a sustained and intensive program of in-
formation and education on energy conservation measures and the efficient utilization
of energy;
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ENERGY CONSERVATION PROGRAM
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Phil-

ippines, by virtue of the powers vested in me by law, do hereby order:
SECTION 1. All government agencies, including government-owned and control-
led corporations, government financial institutions and other government instrumentali-
ties are hereby required to
adopt additional measures to
limit the use of their petro-
leum products supplies to
essential activities properly
authorized by their respec-
tive heads.
Pursuant to Adminis-
trative Order No. 103 (s.
2004) and Administrative
Order No. 110 (s. 2004), all
government agencies and
offices are hereby mandated
to adopt and implement a
program that will reduce
their fuel consumption for
transport by ten percent
(10%) of their average
monthly consumption for the
st
1 semester of 2005.
SEC. 2. All govern-
ment agencies and offices
are prohibited from using “Man has lost the capacity to foresee and to forestall. He will
government vehicles, aircraft end by destroying the earth.”—Albert Schweitzer
and water craft for purposes (Digital Vision)
other than official business:
Provided, That in every case, the trip ticket authorizing the use of the vehicle shall be
displayed on the windshield or in another conspicuous place on the vehicle: Provided,
further, that vehicles used by intelligence and investigative agencies of the government
shall not be covered by the foregoing proviso.
The use of government vehicles on Sundays, legal holidays, or out of the regular of-
fice hours or outside the route of the officials or employees authorized to use them, or by
any person other than such officials or employees, shall unless properly authorized, be
prima facie evidence of violation of this Section in the administrative proceeding
against the officials or employees responsible of such violation.
All government agencies and offices shall limit the use of government vehicles to
essential activities and shall review their travel program and schedules to minimize
unnecessary trips.
477
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SEC. 3. Where adequate ventilation is available, all government agencies and

offices shall discontinue the use of their air conditioning facilities, especially during the
cooler months from August to February.
In cases where air conditioning units are to be used, they shall be switching on not
earlier than 9:00 a.m. switched off not later than 4:00 p.m. During lunch breaks, the air
conditioning units shall be switched on “FAN” mode.
SEC. 4. The Energy Conservation Officer (ECO) mandated under Administra-
tive order No. 110 (S. 2004) shall be responsible for his/her government entity’s compli-
ance with Administrative Order No. 103 (s. 2004), Administrative Order No. 110 (s.
2004) and this executive order, as well as the development and implementation of other
energy conservation measures.
th
A report of compliance shall be submitted monthly, not later than the 16 day fol-
lowing the reporting month, to the Department of Energy which shall prepare and submit
a summary report to the President within five (5) days after the last reporting day.
SEC. 5. The Department of Trade and Industry and the Department of Energy
shall, in consultation with appropriate trade and industry associations, develop volun-
tary energy conservation programs for their respective members which shall target
levels of reduction in electricity and petroleum products consumption similar to those
imposed on government agencies and offices and pinpoint responsibility for monitoring
and reporting of performance.
SEC. 6. The Department of Environment and Natural Resources shall in coordi-
nation with appropriate law enforcement agencies, enforce strictly the smoke belching
law for all vehicles. Smoke belching caused by improper vehicle maintenance results in
very inefficient use of fuel not to mention its adverse impact on the environment.
SEC. 7. The Office of the Communications Director and the Department of En-
ergy shall launch a nationwide information campaign on energy conservation through
the media. It shall coordinate with all forms of media to ensure accurate and current
dissemination of information on the oil situation, its implications and the course of
actions they entail specifying the type of energy conservation measures that can be
adapted at the family, community and industry levels.
SEC. 8. All government agencies and offices are directed to cooperate fully in
this national energy conservation effort.
The other branches of the government, local government units, and the private
sector are strongly urged to adopt similar measures as those provided in this Order.
SEC. 9. The Office of the Executive Secretary shall monitor the implementation
of the foregoing measures.
SEC. 10. The Executive Order shall take effect immediately.
th
DONE in the City of Manila, this 13 day of August, 2005.
——o0o——
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AIR
CHAPTER CONTENTS
CLEAN AIR ACT (RA 8749)
Innovations of the Clean Air Act, 511

Incineration Ban?, 512
MMDA v. JANCOM
UNAUTHORIZED USE OF SIRENS (PD 96), 513
ATMOSPHERIC ADMINISTRATION (PD 78), 515
NOISE STANDARDS, 521

CHAPTER III: AIR
Clean Air Act (Republic Act 8749)
Chapter I
General Provisions
Article 1—Basic Air Quality Policies
SECTION 1. Short Title.—This Act shall be known as the “Philippine Clean Air
Act of 1999.”
SEC. 2. Declaration of Principles.—The State shall protect and advance the
right of the people to a balanced and healthful ecology in accord with the rhythm and
harmony of nature.
The State shall promote and pro-
tect the global environment to attain
sustainable development while recogni-
zing the primary responsibility of local
government units to deal with environ-
mental problems. The State recognizes
that the responsibility of cleaning the
habitat and environment is primarily
area-based. The State also recognizes
the principle that “polluters must pay.”
Finally, the State recognizes that a
clean and healthy environment is for the
good of all and should, therefore, be the
concern of all.
SEC. 3. Declaration of Policies.—
The State shall pursue a policy of bal-
ancing development and environmental
protection. To achieve this end, the
framework for sustainable development
shall be pursued. It shall be the policy of
the State to:
a. Formulate a holistic national “We could have saved the Earth but we were
too damned cheap.” — Kurt Vonnegut, Jr.
program of air pollution management
that shall be implemented by the gov- (Digital Vision)
ernment through proper delegation and
481
AIR
effective coordination of functions and activities;

b. Encourage cooperation and self-regulation among citizens and industries
through the application of market-based instruments;
c. Focus primarily on pollution prevention rather than on control and provide for
a comprehensive management program for air pollution;
d. Promote public information and education and to encourage the participation
of an informed and active public in air quality planning and monitoring; and
e. Formulate and enforce a system of accountability for short and long-term ad-
verse environmental impact of a project, program or activity. This shall include the
setting up of a funding or guarantee mechanism for clean-up and environmental reha-
bilitation and compensation for personal damages.
SEC. 4. Recognition of Rights.—Pursuant to the above-declared principles, the
following rights of citizens are hereby sought to be recognized and the State shall seek
to guarantee their enjoyment:
a. The right to breathe clean air;
b. The right to utilize and enjoy all natural resources according to the principles
of sustainable development;
c. The right to participate in the formulation, planning, implementation and
monitoring of environmental policies and programs and in the decision-making process;
d. The right to participate in the decision-making process concerning develop-
ment policies, plans, programs, projects, or activities that may have adverse impact on
the environment and public health;
e. The right to be informed of the nature and extent of the potential hazard of
any activity, 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 areas, and to seek the imposition of penal sanctions against violators
of environmental laws; and
h. The right to bring action in court for compensation of personal damages result-
ing from the adverse environmental and public health impact of a project or activity.
Article 2—Definition of Terms
SEC. 5. Definitions.—As used in this Act:
482
CLEAN AIR ACT
a. Air pollutant means any matter found in the atmosphere other than oxygen,
nitrogen, water vapor, 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 particles of any kind, gases,
fumes, chemical mists, steam and radioactive substances;
b. Air pollution means any alteration of the physical, chemical and biological
properties of the atmospheric air, or any discharge thereto of any liquid, gaseous or
solid substances that will or is likely to create or to render the air resources of the coun-
try harmful, detrimental, or injurious to public health, safety or welfare or which will
adversely affect their utilization for domestic, commercial, industrial, agricultural,
recreational, or other legitimate purposes;
c. Ambient air quality guideline values means the concentration of air over speci-
fied periods classified as short-term and long-term which are intended to serve as goals
or objectives for the protection of health and/or public welfare. These values shall be
used for air quality management purposes such as determining time trends, evaluating
stages of deterioration or en-
hancement of the air quality, and
in general, used as basis for
taking positive action in pre-
venting, controlling, or abating
air pollution;
d. Ambient air quality
means the general amount of
pollution present in a broad area;
and refers to the atmosphere’s
average purity as distinguished
from discharge measurements
taken at the source of pollution;
e. Certificate of Confor-
mity refers to a certificate issued
by the Department of Environ-
ment and Natural Resources to a
“I know that our bodies were made to thrive only in
pure air, and the scenes in which pure air is found.”—
vehicle manufacturer/assembler
John Muir or importer certifying that a par-
(A. Tuscano) ticular new vehicle or vehicle
type meets the requirements pro-
vided under this Act and its rules and regulations;
f. Department means the Department of Environment and Natural Resources;
g. Eco-profile means the geographic-based instrument for planners and decision
makers which present an evaluation of the environment quality and carrying capacity
of an area. It is the result of the integration of primary data and information on natural
resources and antropogenic activities on the land which were evaluated by various envi-
483
AIR
ronmental risk assessment and forecasting methodologies that enable the Department
to anticipate the type of development control necessary in the planning area.
h. Emission means any air contaminant, pollutant, gas stream or unwanted
sound from a known source which is passed into the atmosphere;
i. Greenhouse gases means those gases that can potentially or can reasonably be
expected to induce global warming, which include carbon dioxide, oxides of nitrogen,
chloroflourocarbons, and the like;
j. Hazardous substances means those substances which present either: 1) short-
term acute hazards such as acute toxicity by ingestion, inhalation, or skin absorption,
corrosivity or other skin or eye contact hazard or the risk of fire explosion; or 2) long-
term toxicity upon repeated exposure, carcinogecity (which in some cases result in acute
exposure but with a long latent period), resistance to detoxification process such as
biodegradation, the potential to pollute underground or surface waters;
k. Infectious waste means that portion of medical waste that could transmit an
infectious disease;
l. Medical waste means the materials generated as a result of patient diagnosis,
treatment, or immunization of human beings or animals;
m. Mobile source means any vehicle propelled by or through combustion of carbon-
based or other fuel, constructed and operated principally for the conveyance of persons
or the transportation of property goods;
n. Motor vehicle means any vehicle propelled by a gasoline or diesel engine or by
any means other than human or animal power, constructed and operated principally for
the conveyance of persons or the transportation of property or goods in a public highway
or street open to public use;
o. Municipal waste means the waste materials generated from communities
within a specific locality;
p. New vehicle means a vehicle constructed entirely from new parts that has
never been sold or registered with the DOTC or with the appropriate agency or author-
ity, and operated on the highways of the Philippines, any foreign state or country;
q. Octane rating or the Anti-Knock Index (AKI) means the rating of the anti-
knock characteristics of a grade or type of automotive gasoline as determined by divid-
ing by two (2) the sum of the Research Octane Number (RON), plus the Motor Octane
Number (MON); the octane requirement, with respect to automotive gasoline for use in
a motor vehicle or a class thereof, whether imported, manufactured, or assembled by a
manufacturer, shall refer to the minimum octane rating of such automotive gasoline
which such manufacturer recommends for the efficient operation of such motor vehicle,
or a substantial portion of such class, without knocking;
r. Ozone Depleting Substances (ODS) means those substances that significantly
deplete or otherwise modify the ozone layer in a manner that is likely to result in ad-
484
CLEAN AIR ACT
verse effects of human health and the environment such as, but not limited to, chloro-
flourocarbons, halons and the like;
s. Persistent Organic Pollutants (POPs) means the organic compounds that per-
sist in the environment, bioaccumulate through the food web, and pose a risk of causing
adverse effects to human health and the environment. These compounds resist photo-
lytic, chemical and biological degradation, which shall include but not be limited to
dioxin, furan, Polychlorinated Biphenyls (PCBs), organochlorine pesticides, such as
aldrin, dieldrin, DDT, hexachlorobenzene, lindane, toxaphere and chlordane;
t. Poisonous and toxic fumes means any emissions and fumes which are beyond
internationally accepted standards, including but not limited to the World Health Or-
ganization (WHO) guideline values;
u. Pollution control device means any device or apparatus used to prevent, con-
trol or abate the pollution of air caused by emissions from identified pollution sources at
levels within the air pollution control standards established by the Department;
v. Pollution control technology means the pollution control devices, production
process, fuel combustion processes or other means that effectively prevent or reduce
emissions or effluent;
w. Standard of performance means a standard for emissions of air pollutant
which reflects the degree of emission limitation achievable through the application of
the best system of emission reduction, taking into account the cost of achieving such
reduction and any non-air quality health and environmental impact and energy re-
quirement which the Department determines, and adequately demonstrates; and
x. Stationary source means any building or immobile structure, facility, or instal-
lation which emits or may emit any air pollutant.
Chapter II
Air Quality Management System
Article 1—General Provisions
SEC. 6. Air Quality Monitoring and Information Network.—The Department

shall prepare an annual National Air Quality Status Report which shall be used as the
basis in formulating the Integrated Air Quality Improvement Framework, as provided
for in Section 7. The said report shall include, but shall not be limited to, the following:
a. Extent of pollution in the country, per type of pollutant, and per type of source,
based on reports of the Department’s monitoring stations;
b. Analysis and evaluation of the current state, trends and projections of air pol-
lution at the various levels provided herein;
c. Identification of critical areas, activities, or projects which will need closer
monitoring or regulation;
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d. Recommendations for necessary executive and legislative action; and

e. Other pertinent qualitative and quantitative information concerning the ex-
tent of air pollution and the air quality performance rating of industries in the country.
The Department, in cooperation with the National Statistical Coordination Board
(NSCB), shall design and develop an information network for data storage, retrieval
and exchange.
The Department shall serve as the central depository of all data and information
related to air quality.
SEC. 7. Integrated Air Quality Improvement Framework.—The Department
shall within six (6) months after the effectivity of this Act, establish, with the participa-
tion of LGUs, NGOs, POs, the academe and other concerned entities from the private
sector, formulate and implement the Integrated Air Quality Improvement Framework
for a comprehensive air pollution management and control program.
The framework shall, among others, prescribe the emission reduction goals using
permissible standards, control strategies and control measures to undertake within a
specified time period, including cost-effective use of economic incentives, management
strategies, collective actions, and
environmental education and infor-
mation.
The Integrated Air Quality Im-
provement Framework shall be
adopted as the official blueprint with
which all government agencies must
comply with to attain and maintain
ambient air quality standards.
SEC. 8. Air Quality Control
Action Plan.—Within six (6) months
after the formulation of the frame-
work, the Department shall, with
public participation, formulate and
implement an air quality control
action plan consistent with Section 7
of this Act. The action plan shall:
a. Include enforceable emis- “No issue is more compelling than the air we
sion limitations and other control breathe, be it hot or cold, be it hawk or human.” —
measures, means or techniques, as Jack Nicholson
well as schedules and time tables for (Digital Vision)
compliance, as may be necessary or
appropriate to meet the applicable requirements of this Act;
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CLEAN AIR ACT
b. Provide for the establishment and operation of appropriate devices, methods,

systems and procedures necessary to monitor, compile and analyze data on ambient air
quality;
c. Include a program to provide for the following:
1. enforcement of the measures described in subparagraph [a];
2. regulation of the modification and construction of any stationary source
within the areas covered by the plan, in accordance with land use policy to ensure
that ambient air quality standards are achieved;
d. Contain adequate provisions, consistent with the provisions of this Act, prohib-
iting any source or other types of emissions activity within the country from emitting
any air pollutant in amounts which will significantly contribute to the non-attainment
or will interfere with the maintenance by the Department of any such ambient air qual-
ity standard required to be included in the implementation plan to prevent significant
deterioration of air quality or to protect visibility;
e. Include control strategies and control measures to be undertaken within a
specified time period, including cost effective use of economic incentives, management
strategies, collection action and environmental education and information;
f. Designate airsheds; and
g. All other measures necessary for the effective control and abatement of air pol-
lution.
The adoption of the plan shall clarify the legal effects on the financial, manpower
and budgetary resources of the affected government agencies, and on the alignment of
their programs with the plans.
In addition to direct regulations, the plan shall be characterized by a participatory
approach to the pollution problem. The involvement of private entities in the monitor-
ing and testing of emissions from mobile and/or stationary sources shall be considered.
Likewise, the LGUs, with the assistance from the Department, shall prepare and de-
velop an action plan consistent with the Integrated Air Quality Improvement Frame-
work to attain and maintain the ambient air quality standards within their respective
airsheds as provided in Section 9 hereof.
The local government units shall develop and submit to the Department a proce-
dure for carrying out the action plan for their jurisdiction. The Department, however,
shall maintain its authority to independently inspect the enforcement procedure
adopted. The Department shall have the power to closely supervise all or parts of the
air quality action plan until such time the local government unit concerned can assume
the function to enforce the standards set by the Department.
A multi-sectoral monitoring team with broad public representation shall be con-
vened by the Department for each LGU to conduct periodic inspections of air pollution
sources to assess compliance with emission limitations contained in their permits.
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SEC. 9. Airsheds.—Pursuant to Section 8 of this Act, the designation of airsheds

shall be on the basis of, but not limited to, areas with similar climate, meteorology and
topology which affect the interchange and diffusion of pollutants in the atmosphere, or
areas which share common interest or face similar development programs, prospects or
problems.
For a more effective air quality management, a system of planning and coordina-
tion shall be established and a common action plan shall be formulated for each air-
shed.
To effectively carry out the formulated action plans, a governing board is hereby
created, hereinafter referred to as the Board.
The Board shall be headed by the Secretary of the Department of Environment
and Natural Resources as chairman. The members shall be as follows:
a. Provincial governors from areas belonging to the airshed;
b. City/Municipal mayors from areas belonging to the airshed;
c. A representative from each concerned government agency;
d. Representatives from people’s organizations;
e. Representatives from nongovernment organizations; and
f. Representatives from the private sector.
The Board shall perform the following functions:
a. Formulation of policies;
b. Preparation of a common action plan;
c. Coordination of functions among its members; and
d. Submission and publication of an annual Air Quality Status Report for each
airshed.
Upon consultation with appropriate local government authorities, the Department
shall, from time to time, revise the designation of airsheds utilizing eco-profiling tech-
niques and undertaking scientific studies.
Emissions trading may be allowed among pollution sources within an airshed.
SEC. 10. Management of Non-attainment Areas.—The Department shall desig-
nate areas where specific pollutants have already exceeded ambient standards as non-
attainment areas. The Department shall prepare and implement a program that will
prohibit new sources of exceeded air pollutant without a corresponding reduction in
existing resources.
In coordination with other appropriate government agencies, the LGUs shall pre-
pare and implement a program and other measures including relocation, whenever
necessary, to protect the health and welfare of residents in the area.
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For those designated as non-attainment areas, the Department, after consultation

with local government authorities, non-government organizations, people’s organizations
(POs), and concerned sectors may revise the designation of such areas and expand its
coverage to cover larger areas depending on the condition of the areas.
SEC. 11. Air Quality Control Techniques.—Simultaneous with the issuance of
the guideline values and standards, the Department, through the research and devel-
opment program contained in this Act and upon consultation with appropriate advisory
committees, government agencies, and LGUs, shall issue, and from time to time, revise
information on air pollution control techniques. Such information shall include:
a. Best available technology and alternative methods of prevention, management
and control of air pollution;
b. Best available technology economically achievable which shall refer to the
technological basis/stan-
dards for emission limits
applicable to existing, di-
rect industrial emitters of
non-conventional and toxic
pollutants; and
c. Alternative fuels,
processes, and operating
methods which will result
in the eliminator or signifi-
cant reduction of emis-
sions.
Such information may
also include data relating to
the cost of installation and
operation, energy require-
ments, emission reduction
benefits, and environmen-
tal impact or the emission
control technology. The is-
suance of air quality guide- “The fog is rising.” — Emily Dickinson’s last words
line values, standards, and (Digital Vision)
information on air quality
control techniques shall be made available to the general public: Provided, That the
issuance of information on air quality control techniques shall not be construed as re-
quiring the purchase of certain pollution control devices by the public.
SEC. 12. Ambient Air Quality Guideline Values and Standards.—The Depart-
ment, in coordination with other concerned agencies, shall review and or revise and
publish annually a list of hazardous air pollutants with corresponding ambient guide-
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line values and/or standard necessary to protect health and safety, and general welfare.
The initial list and values of the hazardous air pollutants shall be as follows.
a. National Ambient Air Quality Guideline for Criteria Pollutants:
a b
SHORT TERM LONG TERM
Pollutants Mg/Ncm ppm Averaging Mg/Ncm ppm Averaging
Time Time
Suspended
Particulate
c
Matter
d
-TSP 230d 24 hours 90 -- 1 year
f e
-PM 10 150 24 hours 60 -- 1 year
3
Sulfur Dioxide 180 0.07 24 hours 80 0.03 1 year
Nitrogen Diox-
ide 150 0.08 24 hours -- -- --
Photochemical
Oxidants 140 0.07 1 hour -- -- --
As ozone 60 0.03 8 hours -- -- --
Carbon monoxide 35 mg/ Ncm 30 1 hour -- -- --
10 mg/Ncm 9 8 hours -- -- --
7 g
Lead 1.5 -- 3 months 1.0 -- 1 year
_______________________
a
Maximum limits represented by ninety-eight percentile (98%) values not to exceed more
than once a year.
b
Arithmetic Mean.
c 2
SO and Suspended Particulate Matter are sampled once every six days when using the
manual methods. A minimum of twelve sampling days per quarter of forty-eight sampling days
each year is required for these methods. Daily sampling may be done in the future once continu-
ous analyzers are procured and become available.
d
Limits for Total Suspended Particulate Matter with mass median diameter less than 25-50
um.
e
Annual geometric mean.
f
Provisional limits for Suspended Particulate Matter with mass median diameter less than
10 microns and below until sufficient monitoring data are gathered to base a proper guideline.
g
Evaluation for this guideline is carried out for 24-hour averaging time and averaged over
three moving calendar months. The monitored average value for any three months shall not
exceed the guideline value.
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b. National Ambient Air Quality Standards for Source Specific

Air Pollutants from Industrial Sources/Operations:
1 2
Pollutants1 Concentration Averaging Method of Analy-
3
Time (min.) sis/ Measurement
m/Ncm ppm
1) Ammonia 200 0.28 30 Nesselerization/Indo
phenol
2) Carbon Disulfide 30 0.01 30 Tischer method
3) Chlorine and Chlorine
compounds 100 0.03 5 Methyl orange
expressed as CI2 50 0.04 30 Chromotropic acid
4) Formaldehyde method or MBTH
colorimetric method
5) Hydrogen chloride 200 0.13 30 Volhard titration
with iodine solution
6) Hydrogen 100 0.07 30 Methylene bue
sulfide 20 30 AASC
7) Lead 375 0.20 30 Greiss-Saltzman
8) Nitrogen 260 0.14 60
Dioxide 100 0.03 30 4-Aminoantiphyrine
470 0.18 30 Colorimetric-
pararosaniline
9) Phenol 340 0.13 60
10) Sulfur dioxide
11) Suspended 300 -- 60 Gravimetric
Particulate 200 -- 60 - do -
Matter – TSP
-- PM10
The basis in setting up the ambient air quality guideline values and standards
shall reflect, among others, the latest scientific knowledge including information on:
a. Variable, including atmospheric conditions, which of themselves or in combi-
nation with other factors may alter the effects on public health or welfare of such air
pollutant;
_______________________
1
Pertinent ambient standards for antimony, arsenic, cadmium, asbestos, nitric acid, and
sulfuric acid mists in the 1978 NPCC Rules and Regulations may be considered as guides in
determining compliance.
2
Ninety-eight percentile (98%) values of thirty-minute sampling measured at 250 degrees
Celsius and one atmosphere pressure.
3
Other equivalent methods approved by the Department may be used.
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b. The other types of air pollutants which may interact with such pollutant to
produce an adverse effect on public health or welfare; and
c. The kind and extent of all identifiable effects on public health or welfare which
may be expected from presence of such pollutant in the ambient air, in varying quanti-
ties.
The Department shall base such ambient air quality standards on WHO stan-
dards, but shall not be limited to nor be less stringent than such standards.
SEC. 13. Emission Charge System.—The Department, in case of industrial dis-
chargers, and the Department of Transportation and Communication (DOTC), in case of
motor vehicle dischargers, shall, based on environmental techniques, design, impose on
and collect regular emission fees from said dischargers as part of the emission permit-
ting system or vehicle registration renewal system, as the case may be. The system
shall encourage the industries and motor vehicles to abate, reduce, or prevent pollution.
The basis of the fees include, but is not limited to, the volume and toxicity of any emit-
ted pollutant. Industries, which shall install pollution control devices or retrofit their
existing facilities with mechanisms that reduce pollution shall be entitled to tax incen-
tives such as but not limited total credits and/or accelerated depreciation deductions.
SEC. 14. Air Quality Management Fund.—An Air Quality Management Fund to
be administered by the Department as a special account in the National Treasury is
hereby established to finance containment, removal, and clean-up operations of the
Government in air pollution cases, guarantee restoration of ecosystems and rehabilitate
areas affected by the acts of violators of this Act, to support research, enforcement and
monitoring activities and capabilities of the relevant agencies, as well as to provide
technical assistance to the relevant agencies. Such fund may likewise be allocated per
airshed for the undertakings herein stated.
The Fund shall be sourced from the fines imposed and damages awarded to the
Republic of the Philippines by the Pollution Adjudication Board (PAB), proceeds of li-
censes and permits issued by the Department under this Act, emission fees and from
donations, endowments and grants in the forms of contributions. Contributions to the
Fund shall be exempted from donor taxes and all other taxes, charges or fees imposed
by the Government.
SEC. 15. Air Pollution Research and Development Program.—The Department, in
coordination with the Department of Science and Technology (DOST), other agencies, the
private sector, the academe, NGOs, and POs, shall establish a National Research and
Development Program for the prevention and control of air pollution. The Department
shall give special emphasis to research on and the development of improved methods
having industry-wide application for the prevention and control of air pollution.
Such a research and development program shall develop air quality guideline val-
ues and standards in addition to internationally-accepted standards. It shall also con-
sider the socio-cultural, political, and economic implications of air quality management
and pollution control.
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Article 2—Air Pollution Clearances and Permits

for Stationary Sources
SEC. 16. Permits.—Consistent with the provisions of this Act, the Department
shall have the authority to issue permits as it may determine necessary for the preven-
tion and abatement of air pollution.
Said permits shall cover emission limitations for the regulated air pollutants to
help attain and maintain the ambient air quality standards. These permits shall serve
as management tools for the LGUs in the development of their action plan.
SEC. 17. Emission Quotas.—The Department may allow each regional indus-
trial center that is designated as special airshed to allocate emission quotas to pollution
sources within its jurisdiction that qualify under an environmental impact assessment
system programmatic compliance program pursuant to the implementing rules and
regulations of Presidential Decree No. 1586.
SEC. 18. Financial Liability for Environmental Rehabilitation.—As part of the
environmental management plan attached to the environmental compliance certificate
pursuant to Presidential Decree No. 1586 and rules and regulations set therefore, the
Department shall require program and project proponents to put up financial guarantee
mechanisms to finance the needs for emergency response, clean-up or rehabilitation of
areas that may be damaged during the program or project’s actual implementation.
Liability for damages shall continue even after the termination of a program or project,
where such damages are clearly attributable to that program or project and for a defi-
nite period to be determined by the Department and incorporated into the environ-
mental compliance certificate.
Financial liability instruments may be in the form of a trust fund, environmental
insurance, surety bonds, letters of credit, as well as self-insurance. The choice of the
guarantee instruments shall furnish the Department with evidence of availment of such
instruments.
Article 3—Pollution from Stationary Sources
SEC. 19. Pollution from Stationary Sources.—The Department shall, within two
(2) years from the effectivity of this Act, and every two (2) years thereafter, review, or as
the need therefore arises, revise and publish emission standards, to further improve the
emission standards for stationary sources of air pollution. Such emission standards
shall be based on mass rate of emission for all stationary source of air pollution based
on internationally accepted standards, but not be limited to, nor be less stringent than
such standards and with the standards set forth in this section. The standards, which-
ever is applicable, shall be the limit on the acceptable level of pollutants emitted from a
stationary source for the protection of the public’s health and welfare.
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With respect to any trade, industry, process, and fuel-burning equipment or indus-
trial plant emitting air pollutants, the concentration at the point of emission shall not
exceed the following limits:
Pollutants Standard Maximum Per- Method of Ana-

a
Applicable to missible lysis
Source Limits (mg/Ncm)
b
1. Antimony and its Any source 10 as Sb AAS
compounds
2. Arsenic and its Any source 10 as As AAS
compounds
3. Cadmium and its Any source 10 as Cd AAS
compounds
4. Carbon monoxide Any industrial 500 as CO Orsat analysis
source
5. Copper and its com- Any industrial 100 as Cu AAS
pounds source
6. Hydrofluoric acids Any source 50 as HF Titration with
and fluoride com- other than the ammonium thio-
pounds manufacture of cyanate
Aluminum
from Alumina
c, d, e
7. Hydrogen sulfide i) Geothermal Cadmium Sulfide
power plants method
ii) Geothermal
exploration
and well
testing
iii) Any source 7 as H2S Cadmium sulfide
other than method
(i) and (ii)
b
8. Lead Any trade, 10 as Pb AAS
industry or
process
_______________________
a
Other equivalent methods approved by the Department may be used.
b
Atomic absorption Spectrophotometry
c
All new geothermal power plants starting construction by January 1995 shall control HsS
emissions to not more than 150 g/GMW-Hr.
d
All existing geothermal power plants shall control H2S emissions to not more than 200
g/GMW-Hr within five (5) years from the date of effectivity of these revised regulations.
e
Best practicable control technology for air emissions and liquid discharges. Compliance
with air and water quality standards is required.
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Pollutants Standard Maximum Per- Method of Ana-

a
Applicable to missible lysis
Source Limits (mg/Ncm)
b
9. Mercury Any source 5 as elemental AAS /Cold-vapor
technique or hg technique or Hg
analyzer
10. Nickel and its Any source
compounds, except
f
nickel Carbonyl 20 as Ni AAS
11. NOX i) Manufacture 2,000 as acid and Phenol-disulfonic
of nitric acid NOX and calculated acid method
as NO2
ii) Fuel burning
steam genera-
tors
Existing source 1,500 as NO2 Phenol-disulfonic
New source acid method
• Coal-Fired
• Oil-Fired 1,000 as NO2
iii) Any source 500 as NO2
other than (i) 1,000 as NO2
and (ii) 500 as NO2 Phenol-disulfonic
Existing source acid Method
New source
12. Phosphorus pen- Any source 200 as P2O5 Spectrophotometry
g
toxide
13. Zinc and its Com- Any source 100 as Zn AAS
pounds
Provided, That the maximum limits in mg/ncm particulates in said sources shall be:
1. Fuel Burning Equipment

a. Urban or Industrial Area 150 mg/Ncm
b. Other Area 200 mg/Ncm
2. Cement Plants (Kilns, etc.) 150 mg/Ncm
3. Smelting Furnaces 150 mg/Ncm
*
4. Other Stationary Sources 200 mg/Ncm
_______________________
f
Emission limit of nickel carbonyl shall not exceed 0.5 mg/Ncm.
g
Provisional guideline
*
Other Stationary Sources means a trade, process, industrial plant or fuel-burning equip-
ment other than thermal power plants, industrial boilers, cement plants, incinerators, and smelt-
ing furnaces.
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Provided, further, that the maximum limits for sulfur oxides in said sources shall be:
1. Existing Sources
(i) Manufacture of Sulfuric Acid and Sulf(on)ation 2.0gm.Ncm as SO
Process
3
(ii) Fuel Burning equipment 1.5gm.Ncm as SO
** 2
(iii) Other Stationary Sources 1.0gm.Ncm as SO
3
2. New Sources
(i) Manufacture of Sulfuric Acid and Sulf(on)ation 1.5 gm.Ncm as SO
Process
3
(ii) Fuel Burning Equipment 0.7 gm.Ncm as SO a
2
(iii) Other Stationary Sources 0.2 gm.Ncm as SO
3
For stationary sources of pollution not specifically included in the immediately preced-
ing paragraph, the following emission standards shall not be exceeded in the exhaust gas:
I. Daily and Half-Hourly Average Values
Daily Half Hourly

Average Average
Values Values
3 3
Total dust 10 mg/m 30 mg/m
3 3
Gaseous and vaporous organic substances, expressed 10 mg/m 20 mg/m
as total organic carbon
3 3
Hydrogen chloride (HCl) 10 mg/m 60 mg/m
3 3
Hydrogen flouride (HF) 1 mg/m 4 mg/m
3 3
Sulphur dioxide (S02) 50 mg/m 200 mg/m
Nitrogen monoxide (NO) and nitrogen dioxide (NO2),
expressed as nitrogen dioxide for incineration
plants with a capacity exceeding 3 tonnes per
3 3
hour 200 mg/m 400 mg/m
Nitrogen monoxide (NO) and nitrogen dioxide (NO2),
expressed as nitrogen dioxide for incineration
plants with a capacity of 3 tonnes per hour or
3
less 300 mg/m
3 3
Ammonia 10 mg/m 20 mg/m
II. All the Average Values Over the Sample Period of a Minimum of Four and
Maximum of Eight Hours
_______________________
**
Other stationary sources refers to existing and new stationary sources other than those
caused by the manufacture of sulfuric acid and sulfonationation process, fuel burning equipment,
and incineration.
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3
Cadmium and its compounds, expressed as cadmium (Cd) total 0.05 mg/m
Thalium and its compounds, expressed as thalium (Tl)
3
Mercury and its compounds, expressed as mercury (Hg) 0.05 mg/m
Antimony and its compounds, expressed as antimony (Sb)
3
Arsenic and its compounds, expressed as arsenic (As) total 0.5 mg/m
Lead and its compounds, expressed as lead (Pb)
Chromium and its compounds, expressed as chromium (Cr)
Cobalt and its compounds, expressed as cobalt (Co)
Copper and its compounds, expressed as copper (Cu)
Manganese and its compounds, expressed as manganese (Mn)
Nickel and its compounds, expressed as nickel (Ni)
Vanadium and its compounds, expressed as vanadium (V)
Tin and its compounds, expressed as tin (Sn)
These average values cover also gaseous and the vapor forms of the relevant heavy
metal emission as well as their compounds: Provided, That the emission of dioxins and
furans into the air shall be reduced by the most progressive techniques: Provided, fur-
ther, That all average of dioxin and furans measured over the sample period of a mini-
mum of five (5) hours and maximum of eight (8) hours must not exceed the limit value
3
of 0.1 nanogram/m .
Pursuant to Section 8 of this Act, the Department shall prepare a detailed action
plan setting the emission standards or standards of performance for any stationary
source the procedure for testing emissions for each type of pollutant, and the procedure
for enforcement of said standards.
Existing industries, which are proven to exceed emission rates established by the
Department in consultation with stakeholders, after a thorough, credible and transpar-
ent measurement process shall be allowed a grace period of eighteen (18) months for the
establishment of an environmental management system and the installation of an ap-
propriate air pollution control device: Provided, That an extension of not more than
twelve (12) months may be allowed by the Department on meritorious grounds.
SEC. 20. Ban on Incineration.—Incineration, hereby defined as the burning of
municipal, biomedical and hazardous waste, which process emits poisonous and toxic
fumes is hereby prohibited; Provided, however, That the prohibition shall not apply to
traditional small-scale method of community/neighborhood sanitation siga, traditional,
agricultural, cultural, health, and food preparation and crematoria; Provided, further,
That existing incinerators dealing with a biomedical wastes shall be out within three (3)
years after the effectivity of this Act; Provided, finally, That in the interim, such units
shall be limited to the burning of pathological and infectious wastes, and subject to close
monitoring by the Department.
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Local government units are hereby mandated to promote, encourage, and imple-
ment in their respective jurisdiction a comprehensive ecological waste management
that includes waste segregation, recycling and composting.
With due concern on the effects of climate change, the Department shall promote
the use of state-of-the-art, environmentally-sound and safe non-burn technologies for
the handling, treatment, thermal destruction, utilization, and disposal of sorted, unre-
cycled, uncomposted, biomedical and hazardous wastes.
Article 4—Pollution from Motor Vehicles
SEC. 21. Pollution from Motor Vehicles.—The DOTC shall implement the emis-
sion standards for motor vehicles set pursuant to and as provided in this Act. To further
improve the emission standards, the Department shall review, revise and publish the
standards every two (2) years, or as the need arises. It shall consider the maximum
limits for all major pollutants to ensure substantial improvement in air quality for the
health, safety and welfare of the general public.
The following emission standards for type approval of motor vehicles shall be effec-
tive by the year 2003:
a) For light duty vehicles, the exhaust emission limits for gaseous pollutants
shall be:
Emission Limits for Light Duty Vehicles
Type Approval
(Directive 91/441/EEC)
*
CO (g/km) HC + NOx (g/km) PM (g/km)
2.72 0.97 0.14
b) For light commercial vehicles, the exhaust emission limit of gaseous pollut-
ants as a function of the given reference mass shall be:
Emission Limits for Light Commercial Vehicles

Type Approval
**
Reference Weight CO HC + NOX PM
(RW) (kg) (g/km) (g/km) (g/km)
Category 1 1250< RW 2.72 0.97 0.14
Category 2 1250< RW<1700 5.17 1.4 0.19
Category 3 RW>1700 6.9 1.7 0.25
_______________________
*
For compression-ignition engines only
**
For compression-ignition engines only
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c) For heavy duty vehicles, the exhaust emission limits of gaseous pollutants
shall be:
Emission Limits for Heavy Duty Vehicles

Type Approval
CO HC + NOx (g/k/Wh) N0X PM

(g/k/Wh) (g/k/Wh) (g/k/Wh)
***
4.5 1.1 8.0 0.36
Fuel evaporative emission for spark-ignition engines shall not exceed 2.0 grams
hydrocarbons per test. Likewise, it shall not allow any emission of gases from crankcase
ventilation system into the atmosphere.
The Department, in collaboration with the DOTC, DTI, and LGUs, shall develop
an action plan for the control and management of air pollution from motor vehicles
consistent with the Integrated Air Quality Framework. The DOTC shall enforce compli-
ance with the emission standards for motor vehicles set by the Department. The DOTC
may deputize other law enforcement agencies and LGUs for this purpose. To this end,
the DOTC shall have the power to:
1) Inspect and monitor the emissions of motor vehicles;
2) Prohibit or enjoin the use of motor vehicles or a class of motor vehicles in any
area or street at specified times; and
3) Authorize private testing emission testing centers duly accredited by the DTI.
The DOTC, together with the DTI and the Department, shall establish the proce-
dures for the inspection of motor vehicles and the testing of their emissions for the pur-
pose of determining the concentration and/or rate of pollutants discharged by said
sources.
In order to ensure the substantial reduction of emissions from motor vehicles, the
Department of Trade and Industry (DTI), together with the DOTC and the Department
shall formulate and implement a national motor vehicle inspection and maintenance
program that will promote efficient and safe operation of all motor vehicles. In this
regard, the DTI shall develop and implement standards and procedures for the certifi-
cation of training institutions, instructors and facilities and the licensing of qualified
private service centers and their technicians as prerequisite for performing the testing,
servicing, repair and the required adjustment to the vehicle emission system. The DTI
shall likewise prescribe regulations requiring the disclosure of odometer readings and
the use of tamper-resistant odometers for all motor vehicles including tamper-resistant
_______________________
***
In the case of engines of 85 kW or less, the limit value for particular emissions is in-
creased by multiplying the quoted limit by a coefficient of 1.7
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fuel management systems for the effective implementation of the inspection and main-
tenance program.
SEC. 22. Regulation of All Motor Vehicles and Engines.—Any imported new or
locally-assembled new motor vehicle shall not be registered unless it complies with the
emission standards set pursuant to this Act, as evidenced by a Certificate of Conformity
(COC) issued by the Department.
Any imported new motor vehicle engine shall not be introduced into commerce,
sold or used unless it complies with emission standards set pursuant to this Act.
Any imported used motor vehicle or rebuilt motor vehicle using new or used en-
gines, major parts or components shall not be registered unless it complies with the
emission standards.
In case of non-compliance, the importer or consignee may be allowed to modify or
rebuild the vehicular engine so it will be in compliance with applicable emission stan-
dards.
No motor vehicle registration (MVR) shall be issued unless such motor vehicle
passes the emission testing requirement promulgated in accordance with this Act. Such
testing shall be conducted by the DOTC or its authorized inspection centers within sixty
(60) days prior to date of registration.
The DTI shall promulgate the necessary regulations prescribing the useful life of
vehicles and engines including devices in order to ensure that such vehicles will con-
form to the emissions which they were certified to meet. These regulations shall include
provisions for ensuring the durability of emission devices.
SEC. 23. Second-hand motor vehicle engines.—Any imported second-hand motor
vehicle engine shall not be introduced into commerce, sold or used unless it complies
with emission standards set pursuant to this Act.
Article 5—Pollution from Other Sources
SEC. 24. Pollution from Smoking.—Smoking inside a public building or an en-

closed public place including public vehicles and other means of transport or in any
enclosed area outside of one’s private residence, private place of work or any duly desig-
nated smoking area is hereby prohibited under this Act. This provision shall be imple-
mented by the LGUs.
SEC. 25. Pollution from Other Mobile Sources.—The Department, in coordina-
tion with appropriate agencies, shall formulate and establish the necessary standards
for all mobile sources other than those referred to in Section 21of this Act. The imposi-
tion of the appropriate fines and penalties from these sources for any violation of emis-
sion standards shall be under the jurisdiction of the DOTC.
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CLEAN AIR ACT
Chapter III
Fuels, Additives, Substances, and Pollutants
Article 1—Fuels, Additives, and Substances
SEC. 26. Fuels and Additives.—Pursuant to the Air Quality Framework to be

established under Section 7 of this Act, the Department of Energy (DOE), co-chaired by
the Department of Environment and Natural Resources (DENR), in consultation with
the Bureau of Product Standards (BPS) of the DTI, the DOST, the representatives of
the fuel and automotive industries, academe and the consumers shall set the specifica-
tions for all types of fuel and fuel related products, to improve fuel composition for in-
creased efficiency and reduced emissions: Provided, however, that the specifications for
all types of fuel and fuel related products set-forth pursuant to this section shall be
adopted by the BPS as Philippine National Standards (PNS).
The DOE shall also specify the allowable content of additives in all types of fuels
and fuel related products. Such standards shall be based primarily on threshold levels
of health and research studies. On the basis of such specifications, the DOE shall like-
wise limit the content or begin that phase-out of additives in all types of fuels and fuel
related products as it may deem necessary. Other agencies involved in the performance
of this function shall be required to coordinate with the DOE and transfer all docu-
ments and information necessary for the implementation of this provision.
Consistent with the provisions of the preceding paragraphs under this section, it is
declared that:
a. not later than eighteen (18) months after the effectivity of this Act, no person
shall manufacture, import, sell, supply, offer for sale, dispense, transport or introduce
into commerce unleaded premium gasoline fuel which has an anti-knock index (AKI) of
not less that 87.5 and Reid vapor pressure of not more than 9 psi. Within six (6) months
after the effectivity of this Act, unleaded gasoline fuel shall contain aromatics not to
exceed forty-five percent (45%) by volume and benzene not to exceed four percent (4%)
by volume; Provided, that by year 2003, unleaded gasoline fuel should contain aromat-
ics not to exceed thirty-five percent (35%) by volume and benzene not to exceed two
percent (2%) by volume;
b. not later than eighteen (18) months after the effectivity of this Act, no person
into commerce automotive diesel fuel which contains a concentration of sulfur in excess
of 0.20% by weight with a cetane number of index of not less than forty-eight (48): Pro-
vided, That by year 2004, content of said sulfur shall be 0.05% by weight; and
c. not later than eighteen (18) months after the effectivity of this Act, no person
into commerce industrial diesel fuel which contains a concentration of sulfur in excess
of 0.30% (by weight).
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Every two (2) years thereafter or as the need arises, the specifications of unleaded
gasoline and of automotive and industrial diesel fuels shall be reviewed and revised for
further improvement in formulation and in accordance with the provisions of this Act.
The fuels characterized above shall be commercially available. Likewise, the same
shall be the reference fuels for emission and testing procedures to be established in
accordance with the provisions of this Act.
Any proposed additive shall not in any way increase emissions of any of the regu-
lated gases which shall include, but not limited to carbon monoxide, hydrocarbons, and
oxides of nitrogen and particulate matter, in order to be approved and certified by the
Department.
SEC. 27. Regulation of Fuels and Fuel Additives.—The DOE, in coordination
with the Department and the BPS, shall regulate the use of any fuel or fuel additive. No
manufacturer, processor or trader of any fuel or additive may import, sell, offer for sale,
or introduce into commerce such fuel for additive unless the same has been registered
with the DOE. Prior to registration, the manufacturer, processor or trader shall provide
the DOE with the following relevant information:
a. Product identity and composition to determine the potential health effects of
such fuel additives;
b. Description of the analytical technique that can be used to detect and measure
the additive in any fuel;
c. Recommended range of concentration; and
d. Purpose in the use of the fuel and additive.
SEC. 28. Misfueling.—In order to prevent the disabling of any emission control
device by lead contamination, no person shall introduce or cause or allow the introduc-
tion of leaded gasoline into any motor vehicle equipped with a gasoline tank filler inlet
and labeled “unleaded gasoline only.” This prohibition shall also apply to any person
who knows or should know that such vehicle is designed solely for the use of unleaded
gasoline.
SEC. 29. Prohibition on Manufacture, Import, and Sale of Leaded Gasoline and
of Engines and/or Components Requiring Leaded Gasoline.—Effective not later than
eighteen (18) months after the enactment of this Act, no person shall manufacture,
import, sell, offer for sale, introduce into commerce, convey or otherwise dispose of, in
any manner, leaded gasoline and engines and components requiring the use of leaded
gasoline.
For existing vehicles, the DTI shall formulate standards and procedures that will
allow non-conforming engines to comply with the use of unleaded fuel within five(5)
years after the effectivity of this Act.
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CLEAN AIR ACT
Article 2—Other Pollutants
SEC. 30. Ozone-Depleting Substances.—Consistent with the terms and condi-

tions of the Montreal Protocol on Substances that Deplete the Ozone Layer and other
international agreements and proto-
cols to which the Philippines is a
signatory, the Department shall
phase out ozone-depleting sub-
stances.
Within sixty (60) days after the
enactment of this Act, the Depart-
ment shall publish a list of sub-
stances which are known to cause
harmful effects on the stratospheric
ozone layer.
SEC. 31. Greenhouse Gases.
—The Philippine Atmospheric, Geo-
physical and Astronomical Service
Administration (PAGASA) shall re- “Man is a blind, witless, low brow, anthropocen-
gularly monitor meteorological fac- tric clod who inflicts lesions upon the earth.”—
tors affecting environmental condi- Ian McHarg
tions including ozone depletion and
greenhouse gases and coordinate with the Department in order to effectively guide air
pollution monitoring and standard-setting activities.
The Department, together with concerned agencies and local government units,
shall prepare and fully implement a national plan consistent with the United Nations
Framework Convention on Climate Change and other international agreements, con-
ventions and protocols on the reduction of greenhouse gas emissions in the country.
SEC. 32. Persistent Organic Pollutants.—The Department shall, within a period
of two (2) years after the enactment of this Act, establish an inventory list of all sources
of Persistent Organic Pollutants (POPs) in the country. The Department shall develop
short-term and long-term national government programs on the reduction and elimina-
tion of POPs such as dioxins and furans. Such programs shall be formulated within a
year after the establishment of the inventory list.
SEC. 33. Radioactive emissions.—All projects which will involve the use of
atomic and/or nuclear energy, and will entail release and emission of radioactive sub-
stances into the environment, incident to the establishment or possession of nuclear
energy facilities and radioactive materials, handling, transport, production, storage,
and use of radioactive materials, shall be regulated in the interest of public health and
welfare by the Philippine Nuclear Research Institute (PNRI), in coordination with the
Department and other appropriate government agencies.
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Chapter IV
Institutional Mechanism
SEC. 34. Lead Agency.—The Department, unless otherwise provided herein,

shall be the primary government agency responsible for the implementation and en-
forcement of this Act. To be more effective in this regard, The Department’s Environ-
mental Management Bureau (EMB) shall be converted from a staff bureau to a line
bureau for a period of no more than two (2) years, unless a separate, comprehensive
environmental management agency is created.*
A feverish earth
SEC. 35. Linkage Mechanism.—The De-
partment shall consult, participate, cooperate,
and enter into agreement with other govern-
ment agencies, or with affected nongovern-
mental (NGOs) or people’s organizations (POs),
or private enterprises in the furtherance of the
objectives of this Act.
SEC. 36. Role of Local Government
Units.—Local Government Units (LGUs) shall
share the responsibility in the management and
maintenance of air quality within their terri-
torial jurisdiction. Consistent with Sections 7, 8,
and 9 of this Act, LGUs shall implement air
quality standards set by the Board in areas
within their jurisdiction; Provided, however,
That in case where the board has not been duly constituted and has not promulgated its
standards, the standards set forth in this Act shall apply.
The Department shall provide the LGUs with technical assistance, trainings and a
continuing capability-building program to prepare them to undertake full administra-
tion of the air quality management and regulation within their territorial jurisdiction.
SEC. 37. Environmental and Natural Resources Office.—There may be estab-
lished an Environment and Natural Resources Office in every province, city, or munici-
pality which shall be headed by the environment and natural resources officer and shall
be appointed by the Chief Executive of every province, city or municipality in accor-
dance with the provisions of Section 484 of Republic Act No. 7160. Its powers and du-
ties, among others, are:
a. To prepare comprehensive air quality management programs, plans and
strategies within the limits set forth in Republic Act No. 7160 and this Act which
shall be implemented within its territorial jurisdiction upon the approval of the sang-
gunian;
504
CLEAN AIR ACT
b. To provide technical assistance and support to the governor or mayor, as the

case may be, in carrying out measures to ensure the delivery of basic services and the
provision of adequate facilities relative to air quality;
c. To take the lead in all efforts concerning air quality protection and rehabilita-
tion;
d. To recommend to the Board air quality standards which shall not exceed the
maximum permissible standards set by rational laws;
e. To coordinate with other government agencies and nongovernmental organiza-
tions in the implementation of measures to prevent and control air pollution; and
f. Exercise such other powers and perform such duties and functions as may be
prescribed by law or ordinance: Provided, however, That in provinces/cities/munici-
palities where there are no environment and natural resources officers, the local execu-
tive concerned may 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.
SEC. 38. Record-Keeping, Inspection, Monitoring, and Entry by the Department.
—The Department or its duly accredited entity shall, after proper consultation and
notice, require any person who owns or operates any emissions source or who is subject
to any requirement of this Act to:
a. establish and maintain relevant records;
b. make relevant reports;
c. install, use and maintain monitoring equipment or methods;
d. sample emission, in accordance with the methods, locations, intervals and
manner prescribed by the Department;
e. keep records on control equipment parameters, production variables or other in-
direct data when direct monitoring of emissions is impractical; and
f. provide such other information as the Department may reasonably require.
Pursuant to this Act, the Department, through its authorized representatives,
shall have the right of:
a. entry or access to any premises including documents and relevant materials as
referred to in the herein preceding paragraph;
b. inspect any pollution or waste source, control device, monitoring equipment or
method required; and
c. test any emission.
Any record, report or information obtained under this section shall be made avail-
able to the public, except upon a satisfactory showing to the Department by the entity
concerned that the record, report or information, or parts thereof, if made public, would
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AIR
divulge secret methods or processes entitled to protection as intellectual property. Such

record, report or information shall likewise be incorporated in the Department’s indus-
trial rating system.
SEC. 39. Public Education and Information Campaign.—A continuing air qual-
ity information and education campaign shall be promoted by the Department, the
Department of Education, Culture and Sports (DECS), the Department of the Interior
and Local Government (DILG), the Department of Agriculture (DA) and the Philippine
Information Agency (PIA). Consistent with Section 7 of this Act, such campaign shall
encourage the participation of other government agencies and the private sector includ-
ing NGOs, POs, the academe, environmental groups and other private entities in a
multi-sectoral information campaign.
Chapter V
Actions
SEC. 40. Administrative Action.—Without prejudice to the right of any affected

person to file an administrative action, the Department shall, on its own instance or
upon verified complaint by any person, institute administrative proceedings against any
person who violates:
a. Standards or limitation provided under this Act; or
b. Any order, rule or regulation issued by the Department with respect to such
standard or limitation.
SEC. 41. Citizen Suits.—For purposes of enforcing the provisions of this Act or
its implementing rules and regulations, any citizen may file an appropriate civil, crimi-
nal or administrative action in the proper courts against:
a. Any person who violates or fails to comply with the provisions of this Act or its
implementing rules and regulations; or
b. The Department or other implementing agencies with respect to orders, rules
and regulations issued inconsistent with this Act; and/or
c. Any public officer who willfully or grossly neglects the performance of an act
specifically enjoined as a duty by this Act or its implementing rules and regulations; or
abuses his authority in the performance of his duty; or, in any manner, improperly
performs his duties under this Act or its implementing rules and regulations: Provided,
however, That no suit can be filed until thirty-day (30) notice has been taken thereon.
The court shall exempt such action from the payment of filing fees, except fees for
actions not capable of pecuniary estimations, and shall likewise, upon prima facie show-
ing of the non-enforcement or violation complained of, exempt the plaintiff from the
filing of an injunction bond for the issuance of a preliminary injunction.
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CLEAN AIR ACT
Within thirty (30) days, the court shall make a determination if the complaint
herein is malicious and/or baseless and shall accordingly dismiss the action and award
attorney’s fees and damages.
SEC. 42. Independence of Action.—The filing of an administrative suit against
such person/entity does not preclude the right of any other person to file any criminal or
civil action. Such civil action shall proceed independently.
SEC. 43. Suits and Strategic Legal Actions Against Public Participation and the
Enforcement of This Act.—Where a suit is brought against a person who filed an action
as provided in Section 41 of this Act, or against any person, institution or government
agency that implements this Act, it shall be the duty of the investigating prosecutor or
the court, as the case may be, to immediately make a determination not exceeding
thirty (30) days whether said legal action has been filed to harass, vex, exert undue
pressure or stifle such legal recourses of the person complaining of or enforcing the
provisions of this Act. Upon determination thereof, evidence warranting the same, the
court shall dismiss the case and award attorney’s fees and double damages.
This provision shall also apply and benefit public officers who are sued for acts
committed in their official capacity, their being no grave abuse of authority, and done in
the course of enforcing this Act.
SEC. 44. Lien upon Personal and Immovable Properties of Violators.—Fines and
penalties imposed pursuant to this Act shall be liens upon personal or immovable prop-
erties of the violator. Such lien shall, in case of insolvency of the respondent violator,
enjoy preference to laborer’s wages under Articles 2241 and 2242 of Republic Act No.
386, otherwise known as the New Civil Code of the Philippines.
Chapter VI
Fines and Penalties
SEC. 45. Violation of Standards for Stationary Sources.—For actual exceedance

of any pollution or air quality standards under this Act or its rules and regulations, the
Department, through the Pollution Adjudication Board (PAB), shall impose a fine of not
more than One Hundred Thousand Pesos (P100,000.00) for every day of violation
against the owner or operator of a stationary source until such time that the standards
have been complied with.
For purposes of the application of the fines, the PAB shall prepare a fine rating
system to adjust the maximum fine based on the violator’s ability to pay, degree of will-
fulness, degree of negligence, history of non-compliance and degree of recalcitrance:
Provided, That in case of negligence, the first time offender’s ability to pay may likewise
be considered by the Pollution Adjudication Board: Provided, further, That in the ab-
sence of any extenuating or aggravating circumstances, the amount of fine for negli-
gence shall be equivalent to one-half of the fine for willful violation.
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The fines herein prescribed shall be increased by at least ten percent (10%), every
such fines.
In addition to the fines, the PAB shall order closure, suspension of development,
construction, or operations of the stationary sources until such time that proper envi-
ronmental safeguards are put in place: Provided, That an establishment liable for a
third offense shall suffer permanent closure immediately. This paragraph shall be with-
out prejudice to the immediate issuance of an ex parte order for such closure, suspen-
sion of development or construction, or cessation of operations during the pendency of
the case upon prima facie evidence that their is imminent threat to life, public health,
safety or general welfare, or to plant or animal life, or whenever there is an exceedance
of the emission standards set by the Department and/or the Board and/or the appropri-
ate LGU.
SEC. 46. Violation of Standards for Motor Vehicles.—No motor vehicle shall be
registered with the DOTC unless it meets the emission standards set by the Depart-
ment as provided in Section 21 hereof.
Any vehicle suspected of violation of emission standards through visual signs, such
as, but not limited to smoke-belching, shall be subjected to an emission test by a duly
authorized emission testing center. For this purpose, the DOTC or its authorized test-
ing center shall establish a roadside inspection system. Should it be shown that there
was no violation of emission standards, the vehicle shall be immediately released. Oth-
erwise, a testing result indicating an exceedance of the emission standards would war-
rant the continuing custody of the impounded vehicle unless the appropriate penalties
are fully paid, and the license plate is surrendered to the DOTC pending the fulfillment
of the undertaking by the owner/operator of the motor vehicle to make the necessary
repairs so as to comply with the standards. A pass shall herein be issued by the DOTC
to authorize the use of the motor vehicle within a specified period that shall not exceed
seven (7) days for the sole purpose of making the necessary repairs on the said vehicle.
The owner/operator of the vehicle shall be required to correct its defects and show proof
of compliance to the appropriate pollution control office before the vehicle can be al-
lowed to be driven on any public or subdivision roads.
In addition, the driver and operator of the apprehended vehicle shall undergo a
seminar on pollution control management conducted by the DOTC and shall also suffer
the following penalties:
a. First offense—a fine not to exceed Two Thousand Pesos (P2,000.00);
b. Second offense—a fine not less than Two Thousand Pesos (P2,000.00) and not
to exceed Four Thousand Pesos (P4,000.00); and
c. Third offense—one (1) year suspension of the Motor Vehicle Registration
(MVR) and a fine of not less than Four Thousand Pesos (P4,000.00) and not more than
Six Thousand Pesos (P6,000.00).
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CLEAN AIR ACT
Any violation of the provisions of Section 21 paragraph (d) with regard to national
inspection and maintenance program, including technicians and facility compliance shall
be penalized with a fine of not less than Thirty Thousand Pesos (P30,000.00) or cancella-
tion of license of both the technician and the center, or both, as determined by the DTI.
All law enforcement officials and deputized agents accredited to conduct vehicle
emissions testing and apprehensions shall undergo a mandatory training on emission
standards and regulations. For this purpose, the Department, together with the DOTC,
DTI, DOST, Philippine National Police (PNP) and other concerned agencies and private
entities shall design a training program.
SEC. 47. Fines and Penalties for Violations of Other Provisions in the Act.—For
violations of all other provisions provided in this Act and of the rules and regulations
thereof, a fine of not less than Ten Thousand Pesos (P10,000) but not more than One
Hundred Thousand Pesos (P100,000) or six (6) months to six (6) years imprisonment or
both shall be imposed. 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.
“The sky is the daily bread of the eyes.”—Ralph Waldo Emerson

(Y. Lee)
SEC. 48. Gross Violations.—In case of gross violation of this Act or its imple-
menting rules and regulations, 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:
a. three (3) or more specific offenses within a period of one (1) year;
b. three (3) or more specific offenses with three (3) consecutive years;
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c. 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
d. irreparable or grave damage to the environment as a consequence of any viola-
tion of the provisions of this Act.
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.
Chapter VII
Final Provisions
SEC. 49. Potential Loss or Shifts of Employment/.—The Secretary of Labor is

hereby authorized to establish a compensation, retraining and relocation program to
assist workers laid off due to a company’s compliance with the provisions of this Act.
SEC. 50. Appropriations.—An amount of seven hundred fifty million pesos
(P750,000,000.00) shall be appropriated for the initial implementation of this Act, of
which, the amount of three hundred million pesos (P300,000,000.00) shall be appropri-
ated to the Department; two hundred million pesos (P200,000,000.00) to the DTI; one
hundred fifty million pesos (P150,000,000.00) to the DOTC; and one hundred million
pesos (P100,000,000.00) to the DOE.
Thereafter, the amount necessary to effectively carry out the provisions of this Act
shall be included in the General Appropriations Act.
SEC. 51. Implementing Rules and Regulations.—The Department, in coordina-
tion with the Committees on Environment and Ecology of the Senate and House of Rep-
resentatives, respectively and other agencies, shall promulgate the implementing rules
and regulations for this Act, within one (1) year after the enactment of this Act: Pro-
vided, That rules and regulations issued by other government agencies and instrumen-
talities for the prevention and/or abatement of pollution not inconsistent with this Act
shall supplement the rules and regulations issued by the Department pursuant to the
provisions of this Act.
SEC. 52. Report to Congress.—The Department shall report to Congress, not
later than March 30 of every year following the approval of this Act, the progress of the
pollution control efforts and make the necessary recommendations in areas where there
is need for legislative action.
SEC. 53. Joint Congressional Oversight Committee.—There is hereby created a
joint congressional oversight committee to monitor the implementation of this Act.
The committee shall be composed of five (5) senators and five (5) representatives to
be appointed by the Senate President and the Speaker of the House of Representatives,
510
INNOVATIONS OF THE CLEAN AIR ACT
respectively, the oversight committee shall be co-chaired by a senator and a representa-

tive designated by the Senate President and the Speaker of the House of Representa-
tives, respectively.
The mandate given to the joint congressional oversight committee under this Act
shall be without prejudice to the performance of the duties and functions by the respec-
tive existing oversight committees of the Senate and the House of Representatives.
SEC. 54. Separability of Provisions.—If any provision of this Act or the applica-
tion of such provision to any person or circumstances is declared unconstitutional, the
remainder of the Act or the application of such provision to other person or circum-
SEC. 55. Repealing Clause.—Presidential Decree No. 1181 is hereby repealed.
Presidential Decrees Nos. 1152, 1586 and 984 are partly modified. All other laws, or-
ders, issuance, rules and regulations inconsistent herewith are hereby repealed or modi-
fied accordingly.
SEC. 56. Effectivity.—This Act shall take effect fifteen (15) days from the date of its
publication in the Official Gazette or in at least two (2) newspapers of general circulation.
Innovations of the Clean Air Act
Technology-forcing Standards. The Clean Air Act is a milestone piece of legis-

lation that consolidates scattered rules and regulations on air quality into a single law.
It contains stringent stan-
dards for ambient and
source emissions, also
known as technology-
forcing standards. They
are so called because the
standards are meant to
compel industry to devise
the appropriate technology
to meet them. However,
putting too detailed and
overly stringent standards
in the law itself does not
allow for regulatory flexi-
bility. Numerical stan- “The wind, a sightless laborer, whistles at his task.”—William Words-
dards that change over worth
time according to the cir- (Y. Lee)
cumstances prevailing, are
better left for the Administrative agency to formulate and implement.
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Incineration. At first sight, incineration is banned. Upon closer examination

however, and relating Sec. 20 (the provision which bans incineration) to Sec. 5 (t) (the
section which defines poisonous and toxic fumes), the conclusion that can be reached
that only incineration which emits fumes that are below internationally-accepted stan-
dards is prohibited. These standards are, among others, those provided by the World
Health Organization (WHO).
Open burning. The irony of the legal provision ostensibly banning incineration
is that “siga”, i.e., open burning of wastes, is apparently allowed. However, in a subse-
quent law, the Solid Waste Management Law (R.A. 9003), the open burning of waste is
specifically banned. Furthermore, at the local level, the local government can pass an
ordinance banning the open burning of waste.
Citizens’ Suit. One of the ways by which government officials can be prodded
into action is to legally empower the citizens to sue both the violator (for the pollution)
and the government official (for failing to do something about it). This legal empower-
ment is now contained in Section 41 of the Clean Air Act.
SLAPP Suits. Sometimes when a citizen complains about pollution against a
polluting establishment, the latter instead sues the complaining citizen to harass the
complainant or stifle the complaint. This legal action has been appropriately called
Strategic Lawsuits Against Public Participation or SLAPP suits. It has a chilling effect
on the complainant and negates the very purpose behind the legal empowerment of the
citizenry. To counteract this, the SLAPP suit provision has been crafted into law. The
SLAPP suit provision in Philippine Law is probably the first national legislation of its
kind in the world. There is a need to inform the citizenry of these powerful tools now in
their hands. A good law that is not known by the people whose behavior is sought to
affected is useless. It is like the case of a handsome man winking at a pretty woman. . .
in the dark.
Incineration Ban?
Facts: During the administration of the President F.V. Ramos (1992-1998), the
Presidential Task Force on Waste Management company known as JANCOM. “On
March 5, 1998, the BOT contract was submitted to then President Ramos, but since this
was too close to the end of his term. The contract was thus left unsigned but was en-
dorsed to the incoming President J.E. Estrada.”
With the change in administration and with the passage of the Clean Air Act of
1999, the Metro Manila Development Authority (MMDA) sought to set aside the con-
tract with JANCOM. Among the reasons cited by the MMDA was that the Clean Air Act
banned the process of incineration as a method of waste disposal. Inasmuch as JAN-
COM’s proposed waste management project involved incineration, MMDA argued that
its contract has been supervened by the incineration ban by the Clean Air Act.
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UNAUTHORIZED USED OF SIRENS
Issue: Is incineration banned by the Clean Air Act?

Held: “Section 20 of the Clean air Act reads:
Section 20. Ban on Incineration. Incineration, hereby defined as the burning of
municipal, bio-chemical, and hazardous wastes, which process emits poisonous and
toxic fumes, is hereby prohibited.
“Section 20 does not absolutely prohibit incineration as a mode of waste disposal; rather
only those burning processes which emit poisonous and toxic fumes are banned.”
[The Resolution of the Third Division of the Supreme Court affirmed this ruling on
May 8, 2002 upon its denial of the various motions for intervention and clarification.
MMDA v. JANCOM
G.R. No. 147465, 30 January 2002
Unauthorized Use of Sirens (Presidential Decree No. 96)
Whereas, Presidential Proclamation No. 1081 envisioned, among other goals, the
bringing about of a social order characterized by a high state of discipline and order
among the citizenry;
Whereas, much of the
chaotic conditions from
which our people have
suffered and still continue
to suffer are the direct
result of indiscriminate
and unregulated use of
sirens, bells, horns, whis-
tles and similar gadgets
that emit exceptionally
loud or startling sounds,
including domelights and
other similar signalling or
flashing devices attached
to motor vehicles and used
on the highways;
Whereas, it has been
observed that such unregu- “Why do they call it rush hour when nothing moves?” —
lated use of sirens, bells, Robin Williams (from Mork and Mindy)
horns, whistles or similar (Digital Vision)
gadgets that emit excep-
tionally loud or startling sounds, including domelights and similar signalling or flashing
513
AIR
devices actually impede and confuse traffic, are inconsistent with sound traffic disci-
pline and control on the highways, and in effect constitute a major problem in the main-
tenance of peace and order;
Now, Therefore, I, Ferdinand E. Marcos, President of the Philippines, pursuant to
Proclamation No. 1081, dated September 21, 1972, and in my capacity as Commander-
in-Chief of all the Armed Forces of the Philippines, do hereby order and decree:
1. That it shall be unlawful for the owner or possessor of any motor vehicle to use
or attach to his vehicle any siren, bell, horn, whistle, or other similar gadgets that pro-
duce exceptionally loud or startling sound, including domelights, blinkers and other
similar signalling or flashing devices.
2. The gadgets or devices mentioned above may be attached to and used only on
motor vehicles designated for official use by the Armed Forces of the Philippines, Na-
tional Bureau of Investigation, Land Transportation Commission, Police Departments,
Fire Departments, and hospital ambulances.
Any device or gadget installed or mounted on any motor vehicle or otherwise used in
violation of this decree shall be subject to immediate confiscation and, in cases of a second
and subsequent offense, the offender shall be prosecuted for violation of this Decree before
the military tribunal and, upon conviction thereof, shall suffer the penalty of imprison-
ment for six months and/or a fine of six hundred (P600.00) pesos. In addition, the certifi-
cate of registration of the motor vehicle on which the unauthorized gadget or device
herein mentioned is installed, mounted or used shall be cancelled or revoked.
The Commissioner of Land Transportation shall draw and promulgate such rules
and regulations necessary to give effect to this Decree.
Done in the City of Manila, this 13th day of January, 1973.
KINGS OF THE ROAD
One of the most irritating experiences while on the road is to be stuck in traffic,
and here comes a convoy of cars, windows heavily tinted, being escorted by motorcycle
cops and back up cars, front and back, zipping through us, ordinary mortals.
Under the law, and under an executive order signed by the President of the Phil-
ippines, the only officials allowed to use sirens and blinkers are the President, the Vice
President, the Senate President, the House Speaker, and the Chief Justice.
Why other government officials – Senators, Congressmen, Cabinet members, two-
bit Governors, sometimes even their spouses and children -- insist on driving around
with blaring sirens is the product of great insecurity of self manifesting as pure and
simple humbug. They seem to forget that we—ordinary citizens, pay, for their salaries,
their motorvehicles and fuel.
514
ATMOSPHERIC ADMINISTRATION
“Sunshine is delicious, rain is refreshing, wind braces us up, snow is exhilarating; there is
really no such thing as bad weather, only different kinds of good weather.” — John Ruskin
(Y. Lee)
ATMOSPHERIC ADMINISTRATION (PRESIDENTIAL DECREE NO.78)
Whereas, there were pending before Congress prior to the promulgation of Proc-
lamation No. 1081, dated September 21, 1972, certain priority measures vital to the
national development program of the government, and which were duly certified by the
President as urgent measures;
Whereas, one of these priority measures is the “Atmospheric, Geophysical and As-
tronomical Science Act of 1972, S. No. 940, establishing the Philippine Atmospheric,
Geophysical and Astronomical Services Administration,” introduced in the Senate;
Whereas, the “Atmospheric, Geophysical and Astronomical Science Act of 1972” is
necessary for the successful prosecution of the government’s program to mitigate or
reduce the loss of life, property, and the economy of the nation occasioned by typhoons,
floods, drought, and other destructive weather disturbances;
Now, Therefore, I, Ferdinand E. Marcos, Commander-in-Chief of all the Armed
Forces of the Philippines, and pursuant to Proclamation No. 1081 dated September 21,
1972, as amended, in order to achieve the government’s avowed objective of providing
515
AIR
environmental protection and utilizing scientific knowledge as an effective instrument

to ensure the safety, wellbeing, and economic security of all the people, and for the pro-
motion of national progress, do hereby order and decree that the “Atmospheric, Geo-
physical and Astronomical Science Act of 1971,” as follows, with some modifications,
shall be as it is hereby adopted, approved and made part of the law of the land:
SECTION 1. Title.—This Act shall be known and cited as the “Atmospheric,
Geophysical and Astronomical Science Act of 1972.”
SEC. 2. Declaration of Policy.—It is hereby declared to be the policy of the State
to provide protection against natural calamities and utilize scientific knowledge as an
effective instrument to insure the safety, wellbeing, and economic security of all the
people, and for promotion of national progress.
In the implementation of the foregoing policy, the government shall in accordance
with the provisions of this Act:
a. Intensify research efforts in the atmospheric, geophysical and astronomical
sciences and furnish incentives for same;
b. Undertake measures to further minimize the adverse effects of natural disas-
ters such as typhoons, floods, earthquakes, and tsunami (seismic sea wave);
c. Recommend progressive innovations in the educational system of the country
in order to infuse greater awareness of the growing need for protection against natural
calamities so that said system will provide a steady source of competent scientific per-
sonnel and technological manpower;
d. Facilitate the acquisition, collection, archiving, and processing of atmospheric,
geophysical and astronomical data and making the same available in usable form for
the benefit of agriculture, commerce and industry, and the general public;
e. Promote coordination and cooperation in atmospheric, geophysical and astro-
nomical science research, to obtain consolidated effort and minimize duplication thereby
optimizing results;
f. Establish weather stations in strategic places throughout the country including
Batanes, Camarines Norte, Camarines Sur, Albay, Sorsogon, Samar and Romblon.
SEC. 3. Philippine Atmospheric, Geophysical and Astronomical Services: Powers,
Duties, and Functions.—To carry out the provisions of the preceding section, there is
hereby created a Philippine Atmospheric, Geophysical and Astronomical Services Ad-
ministration, herein referred to as “PAGASA” which shall be under the Department of
National Defense, with the following functions, powers and duties, among others:
a. To observe and report the weather of the Philippines and specified adjacent
areas, issue forecasts and warnings of weather and flood conditions affecting national
safety, welfare and economy;
b. To undertake in coordination with other agencies, activities geared towards
the moderation of typhoons availing of modern scientific and technological advances in
516
order to reduce their destructive potentials while retaining their beneficial effects and
also to undertake other weather modification projects;
c. To conduct continuous earthquake recording and observation through an ade-
quate seismological network throughout the country to gather as much information as
may be necessary to provide basis for determination of safety factors in the design of
building structures and infrastructures and also to serve as contributions to researches
leading to earthquake prediction; issue advisories and precautionary measures to areas
affected by strong earthquake for the welfare of the people thereat;
d. To coordinate with international organizations in tsunami (seismic sea wave)
and typhoon warning dissemination particularly to the coastal regions of the Philip-
pines bound to be affected;
e. To provide and disseminate the precise standard time of the Philippines; to
maintain and operate an adequate satellite tracking and monitoring system especially
for weather surveillance and for other astronomical information; to observe, analyze
and interpret varied astronomical phenomena and collate observational data for publi-
cation and exchange with foreign observatories;
f. To provide for an adequate communications system for efficient reception and
transmission of meteorological, seismic and astronomical reports or information to and
from field stations throughout the country and to provide the same for an efficient in-
ternational communication system for exchange of weather information with other
countries are reported from land, sea and air;
g. To coordinate with other national agencies in pre-disaster and community pre-
paredness planning to minimize losses to lives and property due to natural disasters
such as typhoons, floods, earthquakes, and tsunami;
h. To collect, process, archive, publish, disseminate atmospheric, geophysical and
astronomical data for use by agriculture, commerce, industry, the scientific and engi-
neering community, and the general public; and coordinate national activities in mete-
orological, geophysical and astronomical data problems with the world scientific organi-
zations;
i. To conduct fundamental and applied research and investigations and experi-
ments needed to achieve advances in applied meteorological, geophysical and astro-
nomical fields in cooperation with the University of the Philippines and other science
agencies; and provide the training facilities to meet the country’s need for meteorologi-
cal, geophysical and astronomical personnel; and
j. To accept donations in the form of equipment, scholarship awards, sites for
stations, buildings, etc., from local and/or foreign sources to promote the objectives of
the PAGASA.
SEC. 4. Major Organizational Units; Powers, Duties, and Functions —The PA-
GASA shall be composed of the following major organizational units: National Weather
517
AIR
Service, National Atmospheric, Geophysical and Astronomical Information Service, and

National Institute of Atmospheric, Geophysical and Astronomical Sciences.
a. The National Weather Service shall undertake operational activities pertain-
ing to the observation, moderation, modification, and reporting of the weather within
the Philippine area of responsibility and issue forecasts and warning of weather and
flood conditions affecting national safety, welfare and economy.
b. The National Atmospheric, Geophysical and Astronomical Data Service shall
undertake activities concerning the acquisition, collection, quality control, processing
and archiving of atmospheric and allied data, to include among others meteorological,
seismic, oceanographic and astronomical data and observations and making same
available in usable form for the benefit of agriculture, commerce and industry. This
service shall also conduct continuing studies of Philippine climatology, agrometeorology,
solar radiation, wind effects, or gustiness and other such technological studies vital to
national progress.
c. The National Geophysical and Astronomical Service shall undertake activities
or observations and studies of Geophysical and Astronomical phenomena essential for
the safety and welfare of the people and also for the economy of the country. The service
shall issue bulletins and/or technical advice to the public in case of significant geophysi-
cal events like severe earthquakes, and tsunami, and shall also serve as the official time
service agency of the Philippines.
d. The National Institute of Atmospheric, Geophysical and Astronomical Sciences
shall undertake activities to develop a high level of knowledge in the atmospheric, geo-
physical and astronomical sciences to provide for an adequate manpower supply of well-
trained scientists and technological personnel in the country with respect to these
fields. The institute shall also conduct researches in Atmospheric Science (especially) in
weather moderation and/or modification among others, in Geophysics and in Astron-
omy.
SEC. 5. Administrator, Head of Major Organizational Units, Other Personnel.—
The PAGASA shall be headed by an administrator with a compensation equivalent to
that of a class A Bureau. The administrator shall be appointed by the President of the
Philippines, subject to the confirmation of the Commission on Appointments. He shall
hold office during good behavior and shall not be removed therefrom except for cause.
He shall be a citizen of the Philippines with proven executive ability who shall have
distinguished himself in science and technology: Provided, That no one shall be ap-
pointed administrator who is already holding an appointive or elective position in a
concurrent capacity in the government. Each head of major organizational units of PA-
GASA shall be a citizen of the Philippines with proven executive ability who shall have
achieved distinction in the particular field of National Service.
All subordinate personnel of PAGASA below the rank of head of service or insti-
tute shall be appointed by the administrator upon recommendation of the respective
heads of service or institute, in accordance with applicable civil service laws and rules.
518
SEC. 6. Powers and Duties of the Administrator.—To implement the policies and
objectives of the PAGASA as provided for in this Act, the administrator shall have the
following functions, duties and powers, among others:
a. To promulgate such rules and regulations as may be necessary for the conduct
and exercise of the essential functions of the organization;
b. To exercise super-
vision and control over all
units under the adminis-
tration;
c. To delegate au-
thority for the performance
of any function to officers
and employees under his
direction;
d. To prescribe the
office hours for employees
of the PAGASA engaged in
meteorological, geophysi-
cal, astronomical and other
technical work in order to
maintain a continuous 24
ours watch as necessary;
e. When necessary,
duty beyond prescribed
hours especially during the
occurrence of very inclem- “Wonder and knowledge are both to be cherished. Shall we
ent weather, tropical cy- appreciate any less the beauty of nature because its harmony
is unplanned? And shall the potential of mind cease to inspire
clones, earthquakes, and
our awe and fear because several billion neurons reside in our
tsunamis, may be required skulls?—Stephen Jay Gould
of any employee in the (Y. Lee)
meteorological, geophysical
and astronomical or any of its other services as directed by the administrator. He may
authorize corresponding overtime pay for services in excess of forty (40) hours a week
on the regular rate plus at least twenty-five percent (25%) additional, and Provided,
further, That such overtime pay shall be charged against the appropriation for the pur-
pose or from salary savings of the agency;
f. In order to stimulate keen interest in research work among the scientific per-
sonnel of the agency, a research incentive pay may be authorized by the administrator
in the form of fixed increment amounting to fifteen percent of the researcher’s monthly
salary for each month for a period of one year to the researcher concerned following the
completion and publication of his research work: Provided, however, That the award
519
AIR
shall be made only after the technical paper is duly presented and defended in a scien-
tific seminar prescribed for by the administrator;
g. To provide at government expense compatible with available resources, living
quarters for such personnel who by the nature of their duties are to be on call 24 hours
a day; and
h. To submit within sixty days after the close of each fiscal year, an annual report
to the Secretary of National Defense.
SEC. 7. Authority to Procure Scientific Equipment.—Any provision of law and
regulation to the contrary notwithstanding, the administrator is hereby authorized,
subject to the approval of the Secretary of National Defense, to conduct sealed bids
and/or canvass of the foreign and/or local market without the intervention of the Bu-
reau of Supply Coordination in the procurement of instruments, materials, equipment
and supplies of technical and scientific nature from local or foreign manufacturers.
SEC. 8. Authority to Make Disbursements in Actual Emergency.—Any provi-
sion of law and regulation to the contrary notwithstanding, the administrator is
hereby authorized, in case of natural calamities related to the functions of the PA-
GASA, to disburse an amount not exceeding fifty thousand pesos (P50,000.00) a
month from the funds of the PAGASA appropriated for specified purposes or from
savings, without seeking prior authority or approval from any other office. In making
such disbursements, the administrator shall be answerable only to the Secretary of
National Defense and the President of the Philippines, and in no case shall said dis-
bursements be made except during an actual real emergency and for strictly official
expenditures of the PAGASA.
SEC. 9. Hazardous Duty Pay During National Calamities.—In case of natural
calamities, any officer or employee of the administration, during the time that he is
performing official duties or functions involving exposure to personal danger, shall be
entitled to additional compensation to be determined by the administrator and ap-
proved by the Secretary of National Defense, exclusive of the usual per diems and other
allowances: Provided, That in no case shall the total amount of such additional compen-
sation exceed twenty-five percent (25%) of his annual salary for a period of one year.
SEC. 10. Appropriations.—The sum of fourteen million pesos is hereby author-
ized to be appropriated, out of any funds in the National Treasury not otherwise appro-
priated, in addition to the current budget of the Weather Bureau, to carry into effect the
provisions of this Act. Of this amount, ten million pesos (P10,000,000.00) shall be used
exclusively for the purchase of modern weather equipment to rehabilitate, update, up-
grade and replenish the worn out, defective, old and burned facilities; four million pesos
(P4,000,000.00) shall be for capital outlay, personnel, and other operating expenses of
the PAGASA.
SEC. 11. Transfer of Personnel, Property.—The Weather Bureau is hereby abol-
ished. The present personnel, records, assets, liabilities, funds, and unexpended balance
of the appropriation of the Weather Bureau shall be transferred to PAGASA. The in-
520
cumbent director of the Weather Bureau shall continue to be the administrator of the
PAGASA. In his capacity as Administrator he is authorized to reorganize, subject to the
limitations imposed by this Act, the internal organization of the administration, when-
ever advisable for purposes of efficiency and economy: Provided, That any major reor-
ganization shall be subject to the approval of the Secretary of National Defense.
SEC. 12. Repeal of Inconsistent Laws.—All laws, orders, proclamations, rules and
regulations, or parts thereof, which are inconsistent with any
provision of this Act, are hereby repealed or modified accordingly.
The implementation of the “Atmospheric, Geophysical and
Astronomical Science Act of 1972” as herein adopted, approved,
and decreed shall be carried out effective from date hereof as
modification of the Integrated Reorganization Plan under Presi-
dential Decree No. 1.
All concerned shall act accordingly pursuant to the contents
of this decree.
4
Noise Standards
SEC. 77. Noise-Sensitive Zone.—The Department, in con-

sultation with appropriate government agencies, may designate
noise- sensitive zones in any geographical area in the country Picture of a sound
where no person shall cause the creation of unnecessary noise meter, a gadget
that measures
SEC. 78. Ambient Noise Quality Standards.— sounds according
a. Classification of General Areas: to decibel level.
For purposes of establishing ambient noise quality stan-

dards, areas within any city, region or center of urban living shall be classified by the
Department as follows:
Class AA: A section or contiguous area which requires quietness such as ar-
eas within 100 meters from school -sites, nursery schools, hospi-
tals, and special homes for the aged.
Class A: A section or contiguous area which is primarily used for residential
purposes.
Class B: A section or contiguous area which is primarily a commercial
area,
Class C: A section primarily reserved as a light industrial area.
Class D: A section which is primarily reserved as a heavy industrial area.
_______________________
4
IRR of PD 984: Consolidated Version
521
AIR
b. The maximum allowable noise levels in general areas shall be those as indi-
cated in Table I.
Environmental Quality Standards for Noise in General Areas.
CATEGORY OF DAYTIME MORNING AND NIGHTTIME

AREA EVENING
AA 50 db 45 db 40 db
A 55 db 50 db 45 db
B 65 db 60 db 55 db
C 70 db 65 db 60 db
D 75 db 70 db 65 db
1. The standards are applied to the arithmetic median of at least seven readings
at the point of maximum noise level.
2. The division of the 24-hr period shall be as follows:
Morning ------------- 5:00 A.M. to 9:00 A.M.

Daytime ------------- 9:00 A.M. to 6:00 P.M.
Evening ------------- 6:00 P.M. to 10:00 P.M.
Nighttime ------------- 10:00 P.M. to 5:00 A.M.
SEC. 79. Measurement of Noise Level.—

a. Noise level shall be measured by a standard sound level meter that meets the
specifications of the American National Standards institute (ANSI) SI. 4-1971 or other
specifications accepted by the Department. The weighting network with "A" character-
istics shall be used for measurement.
b. The method of measurement of noise shall be as follows.
1. The figure indicated by a sound level meter where its indicator shows no
fluctuations or only small fluctuations.
2. Where the indicator of a sound level meter records periodic or intermit-
tent fluctuations with the highest peaks almost regular, the average of the highest
peaks for respective fluctuations is recorded.
3. Where the indicator of a sound level meter records irregular and big fluctua-
tions, the figure on the higher end of the 90 percent range of the levels is recorded.
c. For the point of fixed sources of pollution, the noise level shall be measured at
the boundary line of the factory site or establishment, or at 30 meters from the bound-
ary of a construction site.
——o0o——
522
WATERS
WATERS
CHAPTER CONTENTS
THE SEA Metro Manila Council, MMDA Resolu-

Territorial Baselines of the Philippine tion N. 3, S. 1996, 683
Archipelago, 528 Civil Code Provisions on Waters, 685
Exclusive Economic Zones, 533 The Spanish Law on Waters of 1866,
Fisheries Code, 535 688
PROTECTED SPECIES LAGUNA LAKE DEVELOPMENT AUTHORITY

(RA 4850)
Dolphins, 583
Whale Sharks and Manta Rays, 584 Additional Powers of LLDA, 704
Sea Cows, 586 Primary Jurisdiction of the Laguna de
Seashores and Beach Protection, 588 Bay, 709
(LLDA v. CA [1995])
Accretion by the Action of Waves,
The Ecosystem Approach in Lake
588
Management, 711
(Heirs of Emiliano Navarro v. IAC,
(LLDA v. CA [1995])
Heirs of Pascual)
Relevant Sections of the Pollution Con-
(Santulan v. Executive Secretary)
trol Law, 713
(De Guzman v. Escalona)
Water Classification, 714
Arrest Without Warrant, 597 Effluent Regulations, 724
(Republic v. Consino) Local Water Utilities, 737
Legal Pressure Points, 598 Metropolitan Waterworks and Sewer-
Warrantless Search of a Fishing Ves- age System, 762
sel, 598 WATERWAYS
(Hizon v. CA) Structures in Navigable Waterways,
(People v. Vergara) 773
(Roldan v. Arca)
(US v. Hernandez) Directing Persons to Renounce Posses-
sion of Riverbanks, 774
MARINE PROTECTION ADMINISTRATION
OTHER WATER LAWS
Creation of the Philippine Coast Guard,
602 Dumping of Wastes that Cause Rising
Coast Guard Law, 605 of Riverbeds, 776
Prevention and Control of Marine Pollu- National Water Crisis Act, 777
tion, 611 Rainwater Collection and Collection
Maritime Group, 615 and Springs Protection, 782
Maritime Industry Authority, 616 Irrigation, 784
FRESH WATER
Clean Water Act, 638
Water Code, 663
CHAPTER IV: WATERS
The Sea
“The sea does not reward those who are too anxious, too greedy, or too impatient. One should lie
empty, open, choiceless as a beach - waiting for a gift from the sea.” — Anne Morrow Lindbergh
(A. Oposa, Isla Encantada, Philippines)
Encroachments on the Easement Zones

One of the raging issues in the management of lands on coastal zone lands is the
encroachment of structures on the beach—an area supposed to be for public use—by
greedy individuals and corporation. This is done is order to close off an area of the sea-
shore for the private and exclusive use.
It is unfortunate that countries that have bodies of water galore, countries like In-
dia (with its Ganges), Manila with its glorious Manila Bay and romantic Pasig River
and tributary rivers, have managed to spoil these water bodies to a situation where it is
biologically dead.
Waterways and Seashores
The movement of water follows certain patterns. During the rainy seasons, flood-
ing occurs along the rivers, filling up riverbanks and other waterways. In the seashore,
high tide reaches certain levels along the beach. The average levels of flooding (for
rivers) and tides (for the sea) are called the ‘mean flood level’ and ‘mean high tide.’
525
WATER
Because the activities of man must follow the Laws of Nature, the Water Code di-
rects that there must be nothing constructed along the margins of the rivers, waterways
and seashores. This margin of land is called the easement zone of recreation, salvage,
and navigation. If the surrounding land use is urban, the margin is 3 meters, if agricul-
tural, it is 20 meters, and if forested/protected area, it is 40 meters. No one must stay
in this place longer than necessary, and no construction is allowed on this ‘salvage and
recreation zone.’ Illegal occupation and construction on this area is penalized with a
fine and imprisonment of up to 6 years.
The reason for the law is quite obvious. This is a ‘protection zone.’ It seeks to keep
the space open to
allow for water to
flow unobstructed
during a flood (in
the case of rivers)
or during high tide.
If anyone insisted
on building any
structure on this
area runs the con-
stant risk of flood-
ing (in the case of
rivers) and being
hit by storm surges
(in the case of sea-
shores).
Flooding is
not water in the (A. Oposa)
wrong place.
Water will always seek its own level. Rather, flooding in man in the wrong place.
What is the similarity between the cities of Manila and New Orleans? They are
both in the flood-prone delta of the Pasig River and the Mississippi Rivers, respectively.
The same is true for the City of Iloilo. It is built on the river’s delta and right on the
mangrove areas—a natural wetland.
Is it the mistake of the river’s waters that it floods naturally flood-prone areas? Or
is it the mistake of the man who builds his home in a flood-prone area?
Easement Zones
The zone is reserved to allow the public proper access to the beach, a source of
physical sustenance and spiritual recreation. It is also reserved for boats which may
need to dock on the shore. Thus it is called the ‘salvage zone’.
526
SEA
The 3-20-40 meter margins are minimum national standards. There is nothing
that prevents a local government from mandating a wider margin as its zone of recrea-
tion based on the circumstances and conditions prevailing in the locality. The basic idea
is that the seashore or riverbank must be kept open and free for everyone to have access
to—for navigation, recreation, leisure, or simply be in silent reflection and meditation.
This rule is absolute. Thus, even lands that are already titled to private individu-
als must respect this ‘easement zone of recreation’ or ‘salvage zone’ and keep it open
and free of constructions. In the first place, it was error to issue a private title to this
area, since it is technically classified as ‘forest (or public) land.’
To encourage people to keep it open, the local government can issue a tax rebate
on the real property tax due on the property along the riverbank.
Similarity to Road Nuisance
The law on easement zones is one of the worst-violated laws. Riverbanks and sea-
shores have been illegally built on by private individuals or corporations—to the exclu-
sion of the public who are meant to be benefited by the law. Oftentimes, the construc-
tion of buildings and other structures extend all the way to the adjoining water body
itself. Sometimes, even entire streams are filled up and turned into ‘land’.
And then we complain of floods, and spend tens and tens of millions for ‘flood con-
trol projects.’
Who was it who said that man is wise?
The situation of illegal structures on the easement zones of riverbanks and sea-
shores is no different from illegal structures located on the road—space reserved for
public use. If one were to build a structure (e.g., a shanty) tonight in the middle of the
road, that structure is a nuisance per accidens. It is a nuisance not because of what it is
but because of where it is located. If that were to happen, there is nothing that will stop
the local government from demolishing it right away – an act to abate a nuisance.
The situation is exactly the same with the seashores and riverbanks which are re-
served by law for public use. Any illegal structure located on the area is subject to im-
mediate demolition by the local government.
Note that under the law, (Pres. Decree 1067), it is the Department of Public Works
and Highways (DPWH) that is given the power to do that. However, this power is now
inherently passed on to the local governments’ municipal engineer or building official,
along with the authority to issue or withhold building permits.
Further, it is in the police powers of a Mayor of a city or municipality to abate a
nuisance, especially those that encroach on land reserved for public use.
It is therefore not the absence of the law that empowers a local official to demolish
illegal structures in riverbanks and seashores. If the City of Marikina was able to clear
their riverbanks and turn it into patches of open spaces and parks, there is no reason
why it cannot be done in any other city or town. It is, therefore, not the absence of law
but the absence of, as usual, the political will.
527
WATER
TERRITORIAL BASELINES OF THE PHILIPPINE ARCHIPELAGO

1
(Republic Act 3046)
Whereas, the Constitution of the Philippines describes the national territory as

comprising all the territory ceded to the United States by the Treaty of Paris concluded
between the United States and Spain on December 10, 1898, the limits of which are set
forth in Article III of said treaty, together with all the islands embraced in the treaty
concluded at Washington, between the United Stated and Spain on November 7, 1900,
and in the treaty concluded between the United States and Great Britain on January 2,
1930, and all the territory over which the Government of the Philippine Islands exer-
cised jurisdiction at the time of the adoption of the Constitution;
Whereas, all the waters within the limits set forth in the above-mentioned treaties
have always been regarded as part of the territory of the Philippine Islands;
Whereas, all the waters around, between and connecting the various islands of the
Philippines archipelago, irrespective of their width or dimension, have always been
considered as necessary appurtenances of the land territory, forming part of the inland
or internal waters of the Philippines;
Whereas, all the waters beyond the outermost islands of the archipelago but
within the limits of the boundaries set forth in the aforementioned treaties comprise the
territorial sea of the Philippines;
Whereas, the baselines from which the territorial sea of the Philippines is deter-
mined consist of straight lines joining appropriate points of the outermost islands of the
archipelago; and
Whereas, the said baselines should be clarified and specifically defined and de-
scribed for the information of all concerned; Now, therefore,
SECTION 1. The baselines for the territorial sea of the Philippines are hereby
defined and described specifically as follows:
Distance
N. Latitude E. Longitude Asimuth
in Meters
Y’ami Island (E) 21º07’03” 121º57’24”
Line 1 (Yami I. (E.) - Tumaruk Rk.) 353º27’ 71,656
Tumaruk Rk. 20º28’28” 122º02’06”
Line 2 (Tumaruk Rk.- Balintang Is.) 347º13’ 58,105
Balintang Island 19º57’45” 122º09’28”
Line 3 (Balingtang Is- Didicas Rk.) 375º05’ 97,755
Didicas Rk. 19º04’50” 122º12’18”
Line 4 (Didicas Rk.- Iligan Pt.) 350º39’ 86,155
Iligan Pt. 18º18’45” 122º20’15”
Line 5 (Iligan Pt.- Ditolong Pt.) 351º23’ 136,030
_______________________
1
As amended by R.A. No. 5446.
528
N. Latitude E. Longitude Asimuth Distance

in Meters
Ditolong Pt. 17º05’50” 122º31’44”
Line 6 (Ditolong Pt.- Diviuisa Pt.) 16º56’ 34,378
Diviuisa Pt. 16º48’00” 122º26’06”
Line 7 (Diviuisa Pt.- Dijohan Pt.) 21º01’ 57,781
Dijohan Pt. 16º18’45” 122º14’28”
Line 7a (Dijohan Pt.- Bulubalik Pt.) 10º52’ 142,360
Bulubalik Pt. 15º02’56” 121º59’30”
Line 8 (Bulubalik Pt.- Tinaga I.) 300º15’ 120,986
Tinaga I. 14º29’45” 122º57’40”
Line 9 (Tinaga I.
— Horadaba Rks.) 286º27’ 148,690
Horadaba Rks. 14º06’41” 124º16’54”
Line 10 (Horadaba Rks. - Matulin Rk.) 306º34’ 1,083
Matulin Rk. 14º06’20” 124º17’23”
Line 11 (Matulin Rk.- Atalaya Pt.) 331º46’ 178,480
Atalaya Pt. 12º40’59” 125º04’02”
Line 11a (Atalaya Pt.- Finch Rk.) 313º30’ 22,268
Finch Rk. 12º32’40” 125º12’57”
Line 12 (Finch Rk.- SE of Manjud Pt.) 313º56’ 12,665
SE Manjud pt. 12º27’54” 125º17’59”
Line 12a (SE of Manjud Pt.
— Sora Cay) 322º27’ 14,225
Sora Cay 12º21’47” 125º22’46”
Line 13 (Sora Cay - Bunga Pt.) 321º03’ 22,793
Bunga Pt. 12º12’10” 125º30’40”
Line 13a (Bunga Pt.-Tubabao I.) 331º50’ 12,686
Tubabao I. 23º06’06” 125º33’58”
Line 14 (Tubabao I.- Tugnug Pt.) 355º22’ 83,235
Tugnug Pt. 11º21’06” 125º37’40”
Line 15 (Tugnug Pt.- Suluan I.) 331º03’ 75,326
Suluan Island 10º45’20” 125º57’40”
Line 16 (Suluan I.- Tuason Pt.) 347º51’ 107,070
Tuason Pt. 9º48’33” 126º10’00”
Line 17 (Tuason Pt.- Cauit Pt.) 355º25’ 55,415
Cauit Pt. 9º18’35” 126º12’25”
Line 18 (Cauit Pt.-Arangasa Is.) 342º44’ 49,703
Arangasa Is. 8º52’50” 126º20’28”
Line 19 Arangasa Is.- Quinablangan I.) 348º40’ 131,330
Quinablangan I. 7º42’58” 126º34’30”
Line 19a (Quinablangan I.
— Above Languyan R.) 353º08’ 25,619
Above Languyan 7º29’10” 126º36’10”
R. Line 20 (Above Languyan R. - Pusan Pt.) 356º52’ 22,489
529
WATER
Pusan Pt. 7º16’59” 126º36’50”

Line 21 (Pusan Pt.- Tuguban Pt.) 26º39’ 36,259
Tuguban Pt. 6º59’24” 126º28’00”
Line 22 (Tuguban Pt.
— Cape S. Agustin N.) 20º33’ 83,350
Cape San Agustin 6º17’03” 126º12’08”
(N) Line 22a (Cape S. Agustin
(N) — Cape San Agustin (S) 30º16’ 1,707
Cape San Agustin 6º16’15” 126º11’40”

(S) Line 23 (Cape S. Agustin
(S) — Panguil Bato Pt.) 39º23’ 125,100
Panguil Bato Pt. 5º23’45” 125º28’42”
Line 23a (Panguil Bato Pt.
— Tapundo Pt.) 66º32’ 7,484
Tapudo Pt. 5º22’08” 125º24’59”
Line 24 (Tapundo Pt.
— Manamil I.) 89º19’ 7,667
Manamil I. 5º22’05” 125º20’50”
Line 24a (Manamil I.- Balut I. (W) 139º01’ 3,051
Balut I. (W) 5º23’20” 125º19’45”
Line 25 (Balut I. (W)
— Middle of 3 Rk. Awash) 124º47’ 149,840
Middle of 3 Rk. 6º09’39” 124º13’02”
Awash Line 26 (Middle of 3 Rk.Awash -
Tongquil I.) 86º18’ 259,400
Tongquil I. 6º00’15” 121º52’45”
Line 27 (Tongquil I.- Sumbasumba I.) 61º29’ 115,950
Sumbasumba I. 5º30’10” 120º57’35”
Line 28 (Sumbasumba I.- Kinapusan 43º19’ 44,445
Is.)
Kinapusan Is. 5º12’37” 120º41’05”
Line 29 (Kinapusan Is.-Manuk Manka
I.) 63º14’ 101,290
Manuk Manka I. 4º47’50” 119º52’10”
Line 30 (Manuk Manka I.- Frances
Reef) 58º30’ 80,847
Frances Reef 4º24’54” 119º14’54”
Line 31 (Frances Reef- Bajapa Reef) 134º34’ 29,330
Bajapa Reef 4º36’04” 119º03’36”
Line 32 (Bajapa Reef)- Panguan I.) 164º05’ 13,480
Panguan I. 4º43’06” 119º01’36”
Line 33 (Panguan I.- Omapoy I.) 238º48’ 42,470
Omapoy I. 4º55’02” 119º21’15”
Line 34 (Omapoy I.- Sanga-Sanga I.) 246º11’ 51,005
Sanga-Sanga I. 5º06’12” 119º46’30”
530
Line 35 (Sanga-Sanga I.- Pearl Bank) 170º05’ 80,200

Pearl Bank 5º49’04” 119º39’01”
Line 36 (Pearl Bank
— Baguan I.) 103º13’ 137,050
Baguan I. 6º06’00” 118º26’42”
Line 36a (Banguan I.- Taganak I.) 76º52’ 15,535
Taganak I. 6º04’05” 118º18’30”
Line 37 (Taganak I.- Gt. Bakkungaan 118º39’ 24,805
O
Gt. Bakkungaan 6º10’32” 118º06’42”
Line 37a (Gt. Bakkungaan - Sibaung 136º04’ 18,470
I.)
Sibaung I. 6º17’45” 117º59’45”
Line 38 (Sibaung - I. Muligi I. 215º36’ 79,915
Mulugi I. 6º53’00” 118º25’00”
Line 39 (Mulugi I.- Mangsee Is.) 119º14’ 140,541
Mangsee Is. 7º30’10” 117º18’20”
Line 39a (Mangsee Is.-Cape Melville) 134º50 48,815
Cape Melville 7º48’50” 116º59’30”
Line 40 (Cape Melville- Ligas Pt.) 153º54’ 15,665
Ligas Pt. 7º56’28” 116º55’45”
Line 41 (Ligas Pt.- Cay) 170º40’ 5,666
Cay 7º59’30” 116º55’15”
Line 41a (Cay-Secam I.) 204º52’ 22,925
Secam I. 8º10’47” 117º00’30”
Line 42 (Secam I.- N. of Canipan Bay) 209º09’ 54,900
N. of Canipan Bay 8º36’50” 117º15’06”
Line 43 (N. of Canipan Bay -Tatub Pt.) 218º57’ 18,570
Tatub Pt. 8º44’40” 117º21’28”
Line 44 (Tatub Pt.- Punta Baja) 222º04’ 45,125
Punta Baja 9º02’50” 117º37’58”
Line 45 (Punta Baja- Malapackun I.) 223º30’ 32,194
Malapackun I. 9º15’30” 117º50’04”
Line 46 (Malapackun I.- Piedras Pt.) 225º50’ 148,260
Piedras Pt. 10º11’28” 118º48’18”
Line 47 (Piedras Pt.- Tapuitan I.) 203º19’ 124,900
Tapuitan I. 11º13’40” 119º15’28”
Line 48 (Tapuitan I.- Pinnacle Rk.) 208º47’ 136,590
Pinnacle Rk. 12º18’34” 119º51’45”
Line 49 (Pinnacle Rk.- Cape Calavite 200º40’ 134,230
Cape Calavite 13º26’40” 120º18’00”
Line 50 (Cape Calavite- Cabra I.) 148º12’ 58,235
Cabra I. 13º53’30” 120º00’58”
Line 51 (Cabra I.- Capones Is.) 179º26’ 113,400
Capones Is. 14º55’00” 120º00’20”
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WATER
Line 52 (Capones Is.- Pa-Lauig Pt.) 168º09’ 58,100

Palauig Pt. 15º25’50” 119º53’40”
Line 53 (Palauig.-Hermana Mayor I.) 164º17’ 40,870
Hermana Mayor I. 15º47’10” 119º47’28”
Line 53a (Hermana Mayor - Tambobo
Pt.) 167º10’ 20,490
Tambobo Pt. 15º58’00” 119º44’55”
Line 54 (Tambobo Pt.- Rena Pt.) 181º43’ 22,910
Rena Pt. 16º10’25” 119º45’18”
Line 54a (Rena Pt.- Cape Bolinao 191º39’ 18,675
Cape Bolinao 16º20’20” 119º47’25”
Line 55 (Cape Bolinao-Darigayos Pt.) 226º20’ 80,016
Darigayos Pt. 16º50’15” 120º20’00”
Line 56 (Darigayos Pt.- Dile Pt.) 179º58’ 81,616
Dile Pt. 17º34’30” 120º19’58”
Line 56a (Disle Pt.- Pinget I.) 188º27’ 12,060
Pinget I. 17º40’58” 120º20’58”
Line 56b (Pinget I.- Badoc I.) 192º46’ 27,170
Badoc I. 17º55’20” 120º24’22”
Line 57 (Badoc I.- Cape Bojeador) 195º03’ 65,270
Cape Bojeador 18º29’30” 120º34’00”
Line 58 (Cape Bojeador- Dalupiri I.) 222º16’ 101,740
Dalupiri I. 19º10’15” 121º13’02”
Line 59 (Dalupiri I.- Catanapan Pt.) 213º29’ 25,075
Catanapan Pt. 19º21’35” 121º20’56”
Line 60 (Catanapan Pt.- Dequey I.) 202º27’ 116,870
Dequey I. 29º20’06” 121º46’35”
Line 61 (Dequey I.— Raile) 180º47’ 42,255
Raile 20º43’00” 121º46’55”
Line 62 (Raile — Y’ami I. (W) 200º30’ 48,140
Y’ami I.(W) 21º07’26” 121º56’39”
Line 63 (Y’ami I. (W) — Y’ami I. (M) 238º40’ 237
Y’ami I. (M) 21º07’30” 121º56’46”
Line 64 (Y’ami I.(M) — Y’ami I. (E) 307º08’ 1,376
Y’ami I. (E) 21º07’03” 121º57’24”
SEC. 2. All waters within the baselines provided for in Section one hereof are
considered inland or internal waters of the Philippines.
SEC. 3. This Act shall take effect upon its approval.
532
EXCLUSIVE ECONOMIC ZONES
Exclusive Economic Zones (Presidential Decree 1599)
Whereas, an exclusive economic zone extending to a distance of two hundred nau-

tical miles from the baselines from which the territorial sea is measured is vital to the
economic survival and development of the Republic of the Philippines;
Whereas, such a zone is now a recognized principle of international law;
Whereas, such a zone is now a recognized principle of international law;
the powers vested in me by the Constitution, do hereby decree and order:
SECTION 1. There is hereby established a zone to be known as the exclusive
economic zone of the Philippines. The exclusive economic zone shall extend to a distance
of two hundred nautical miles beyond and from the baselines from which the territorial
sea is measured: Provided, That, where the outer limits of the zone as thus determined
overlap the exclusive economic zone of an adjacent or neighboring state, the common
boundaries shall be determined by agreement with the state concerned or in accordance
with pertinent generally recognized principles of international law on delimitation.
SEC. 2. Without prejudice to the rights of the Republic of the Philippines over
its territorial sea and continental shelf, it shall have and exercise in the exclusive eco-
nomic zone established herein the following:
a. Sovereignty rights for the purpose of exploration and exploitation, conserva-
tion and management of the natural resources, whether living or nonliving, both re-
newable and nonrenewable, of the seabed, including the subsoil and the superjacent
waters, and with regard to other activities for the economic exploitation and exploration
of the resources of the zone, such as the production of energy from the water, currents
and winds;
b. Exclusive rights and jurisdiction with respect to the establishment and utiliza-
tion of artificial islands, offshore terminals, installations and structures, the preserva-
tion of the marine environment, including the prevention and control of pollution, and
scientific research;
c. Such other rights as are recognized by international law or state practice.
SEC. 3. Except in accordance with the terms of any agreement entered into with
the Republic of the Philippines or of any license granted by it or under authority by the
Republic of the Philippines, no person shall, in relation to the exclusive economic zone:
a. explore or exploit any resources;
b. carry out any search, excavation or drilling operations;
c. conduct any research;
d. construct, maintain or operate any artificial island, offshore terminal, installa-
tion or other structure or device; or
533
WATER
e. perform any act or engage in any activity which is contrary to, or in derogation
of, the sovereign rights and jurisdiction herein provided.
Nothing herein shall be deemed a prohibition on a citizen of the Philippines,
whether natural or juridical, against the performance of any of the foregoing acts, if
allowed under existing laws.
SEC. 4. Other states shall enjoy in the exclusive economic zone freedoms with
respect to navigation
and overflight, the
laying of submarine
cables and pipelines,
and other
internationally lawful
uses of the sea relating
to navigation and
communications.
SEC. 5. a. The
President may author-
ize the appropriate
government office/
agency to make and
promulgate such rules
and regulations which
may be deemed proper
and necessary for car-
rying out the purposes “God is the great mysterious motivator of what we call nature, and
it has often been said by philosophers, that nature is the will of
of this degree.
God. And I prefer to say that nature is the only body of God that
b. Any person we shall ever see.” — Frank Lloyd Wright (A. Oposa)
who shall violate any
provision of this decree or of any rule or regulation promulgated hereunder and ap-
proved by the President shall be subject to a fine which shall not be less than two thou-
sand pesos (P2,000.00) nor be more than one hundred thousand pesos (P100,000.00) or
imprisonment ranging from six (6) months to ten (10) years, or both such fine and im-
prisonment, in the discretion of the court. Vessels and other equipment or articles used
in connection therewith shall be subject to seizure and forfeiture.
SEC. 6. This Decree shall take effect thirty (30) days after publication in the Of-
ficial Gazette.
534
FISHERIES CODE
Fisheries Code (Republic Act 8550)

SECTION 1. Title.—This Act shall be known as “The Philippine Fisheries Code
of 1998.”
Chapter 1
Declaration of Policy And Definitions
SEC. 2. Declaration of policy -- It is hereby declared the policy of the State:

a. to achieve food security as the overriding consideration in the utilization,
management, development, conservation and protection of fishery resources in order to
provide the food needs of the population. A flexible policy towards the attainment of
food security shall be adopted in response to changes in demographic trends for fish,
emerging trends in the trade of fish and other aquatic products in domestic and inter-
national markets, and the law of supply and demand;
b. to limit access
to the fishery and aquatic
resources of the
Philippines for the
exclusive use and enjoy-
ment of Filipino citizens;
c. to ensure the ra-
tional and sustainable
development, manage-
ment and conservation of
the fishery and aquatic
resources in Philippine
waters including the Ex-
clusive Economic Zone
(EEZ) and in the ad-
jacent high seas, consis-
tent with the primordial
objective of maintaining “Man is the only animal that can remain on friendly terms with
a sound ecological balan- the victims he intends to eat until he eats them.” — Samuel
ce, protecting and enhan- Butler (Y. Lee)
cing the quality of the
environment;
d. to protect the rights of fisherfolk, especially of the local communities with pri-
ority to municipal fisherfolk in the preferential use of the municipal waters. Such pref-
erential use, shall be based on, but not limited to, Maximum Sustainable Yield (MSY) or
535
WATER
Total Allowable Catch (TAC) on the basis of resources and ecological conditions, and
shall be consistent with our commitments under international treaties and agreements;
e. to provide support to the fishery sector, primarily to the municipal fisherfolk,
including women and youth sectors, through appropriate technology and research, and
adequate financial, production, construction of post-harvest facilities, marketing assis-
tance, and other services. The protection of municipal fisherfolk against foreign intru-
sion shall extend to offshore fishing grounds. Fishworkers shall receive a just share for
their labor in the utilization of marine and fishery resources;
f. to manage fishery and aquatic resources in a manner consistent with the con-
cept of an integrated coastal area management in specific natural fishery management
areas, appropriately supported by research, technical services and guidance provided
by the State; and
g. to grant the private sector the privilege to utilize fishery resources under the
basic concept that the grantee, licensee or permittee thereof shall not only be a privi-
leged beneficiary of the State but also an active participant and partner of the Govern-
ment in the sustainable development, management, conservation and protection of the
fishery and aquatic resources of the country.
The State shall ensure the attainment of the following objectives of the fishery sec-
tor:
1. Conservation, protection and sustained management of the country’s
fishery and aquatic resources;
2. Poverty alleviation and the provision of supplementary livelihood among
municipal fisherfolk;
3. Improvement of productivity of aquaculture within ecological limits;
4. Optimal utilization of offshore and deep-sea resources; and
5. Upgrading of post-harvest technology.
SEC. 3. Application of its provisions.—The provisions of this Code shall be en-
forced in:
a. all Philippine waters including other waters over which the Philippines has
sovereignty and jurisdiction, and the country’s 200-nautical mile Exclusive Economic
Zone (EEZ) and continental shelf;
b. all aquatic and fishery resources whether inland, coastal or offshore fishing
areas, including but not limited to fishponds, fish pens and cages; and
c. all lands devoted to aquaculture, or businesses and activities relating to fish-
ery, whether private or public lands.
SEC. 4. Definition of terms.—As used in this Code, the following terms and
phrases shall mean as follows:
536
FISHERIES CODE
1. Ancillary industries—firms or companies related to the supply, construction

and maintenance of fishing vessels, gears, nets and other fishing paraphernalia; fishery
machine shops; and other facilities such as hatcheries, nurseries, feed plants, cold stor-
age and refrigeration, processing plants and other pre-harvest and post-harvest facili-
ties.
2. Appropriate fishing technology—adaptable technology, both in fishing and an-
cillary industries that is ecologically sound, locally source-based and labor intensive.
3. Aquaculture—fishery operations involving all forms of raising and culturing
fish and other fishery species in fresh, brackish and marine water areas.
4. Aquatic pollution—the introduction by human or machine directly or indi-
rectly, of substances or energy to the aquatic environment which results or is likely to
result in such deleterious effects as to harm living and non-living aquatic resources,
pose potential and/or real hazard to human health, hindrance to aquatic activities such
as fishing and navigation, including dumping/disposal of waste and other marine lit-
ters, discharge of petroleum or residual products of petroleum carbonaceous materi-
als/substances, and other radioactive, noxious or harmful liquid, gaseous or solid sub-
stances, from any water, land or air transport or other human-made structure. Defores-
tation, unsound agricultural practices such as the use of banned chemicals and exces-
sive use of chemicals, intensive use of artificial fish feed, and wetland conversion, which
cause similar hazards and deleterious effects shall also constitute aquatic pollution.
5. Aquatic resources—includes fish, all other aquatic flora and fauna and other
living resources of the aquatic environment, including, but not limited to, salt and cor-
als.
6. Artificial reefs—any structure of natural or man-made materials placed on a
body of water to serve as shelter and habitat, source of food, breeding areas for fishery
species and shoreline protection.
7. Catch ceilings—refer to the annual catch limits allowed to be taken, gathered
or harvested from any fishing area in consideration of the need to prevent overfishing
and harmful depletion of breeding stocks of aquatic organisms.
8. Closed season—the period during which the taking of specified fishery species
by a specified fishing gear is prohibited in a specified area or areas in Philippine waters.
9. Coastal area/zone—is a band of dry land and adjacent ocean space (water and
submerged land) in which terrestrial processes and uses directly affect oceanic proc-
esses and uses, and vice versa; its geographic extent may include areas within a land-
mark limit of one (1) kilometer from the shoreline at high tide to include mangrove
swamps, brackish water ponds, nipa swamps, estuarine rivers, sandy beaches and other
areas within a seaward limit of 200 meters isobath to include coral reefs, algal flats,
seagrass beds and other soft-bottom areas.
537
WATER
10. Commercial Fishing—the taking of fishery species by passive or active gear

for trade, business or profit beyond subsistence or sports fishing, to be further classified
as:
1. Small-scale commercial fishing æ fishing with passive or active gear util-
izing fishing vessels of 3.1 gross tons (GT) up to twenty (20) GT;
2. Medium scale commercial fishing æ fishing utilizing active gears and
vessels of 20.1 GT up to one hundred fifty (150) GT; and
3. Large scale commercial fishing æ fishing utilizing active gears and ves-
sels of more than one hundred fifty (150) GT.
11. Commercial Scale—a scheme of producing a minimum harvest per hectare
per year of milkfish or other species including those raised in pens, cages, and tanks to
be determined by the Department in consultation with the concerned sectors;
12. Coral—the hard calcareous substance made up of the skeleton of marine coe-
lenterate polyps which include reefs, shelves and atolls or any of the marine coelenter-
ate animals living in colonies where their skeletons form a stony mass. They include:
a. skeletons of
anthozoan coalenterates
characterized as having a rigid
axis of compact calcareous or
horny spicules, belonging to
the genus corallium as
represented by the red, pink,
and white corals which are
considered precious corals;
b. skeletons of antho-
zoan coelenterates character-
ized by thorny, honry axis such
as the antiphatharians repre-
sented by the black corals
which are considered semi-
precious corals; and (c) ordi-
“We who revel in nature’s diversity and feel instructed by
nary corals which are any kind
every animal tend to brand Homo sapiens as the greatest
of corals that are not precious catastrophe since the Cretaceous extinction.” — Stephen
nor semi-precious. Jay Gould (Y. Lee)
13. Coral reef—a natural
aggregation of coral skeleton, with or without living coral polyps, occurring in intertidal
and subtidal marine waters.
14. Demarcated areas—boundaries defined by markers and assigned exclusively
to specific individuals or organizations for certain specified and limited uses such as:
a. Aquaculture, sea ranching and sea farming;
538
FISHERIES CODE
b. Fish aggregating devices;

c. Fixed and passive fishing gears; and
d. Fry and fingerlings gathering.
15. Department—shall mean the Department of Agriculture.
16. Electrofishing—the use of electricity generated by batteries, electric genera-
tors and other source of electric
power to kill, stupefy, disable
or render unconscious fishery
species, whether or not the
same are subsequently recov-
ered.
17. Endangered, rare
and/or threatened species—
aquatic plants, animals,
including some varieties of
corals and sea shells in danger
of extinction as provided for in
existing fishery laws, rules and
regulations or in the Protected
Areas and Wildlife Bureau of
the Department of
Environment and Natural
Resources (DENR) and in the
Convention on the Interna-
tional Trade of Endangered
Species of Flora and Fauna
(CITES).
18. Exclusive Economic
Zone (EEZ)—an area beyond
“When a man wantonly destroys one of the works of man and adjacent to the territorial
we call him a vandal. When he destroys one of the works sea which shall not extend
of God we call him a sportsman.” — Joseph Wood beyond 200 nautical miles from
Krutch the baselines as defined under
(Yvette Lee, Apo Island)
existing laws.
19. FARMCs—the Fisheries and Aquatic Resources Management Councils.
20. Farm-to-market roads—shall include roads linking the production sites,
coastal landing points and other post-harvest facilities to major market and arterial
roads and highways.
539
WATER
21. Fine mesh net—with mesh size of less than three centimeters (3 cm.) mea-
sured between two (2) opposite knots of a full mesh when stretched or as otherwise
determined by the appropriate government agency.
22. Fish and fishery/aquatic products.—include not only finfish but also mol-
lusks, crustaceans, echinoderms, marine mammals, and all other species of aquatic
flora and fauna and all other products of aquatic living resources in any form.
23. Fish cage—refers to an enclosure which is either stationary or floating made
up of nets or screens sewn or fastened together and installed in the water with opening
at the surface or covered and held in place by wooden/bamboo posts or various types of
anchors and floats.
24. Fish corral or “baklad”—a stationary weir or trap devised to intercept and
capture fish consisting of rows of bamboo stakes, plastic nets and other materials fenced
with split bamboo mattings or wire mattings with one or more enclosures, usually with
easy entrance but difficult exit, and with or without leaders to direct the fish to the
catching chambers, purse or bags.
25. Fish fingerlings—a stage in the life cycle of the fish measuring to about 6-13
cm. depending on the species.
26. Fish fry—a stage at which a fish has just been hatched usually with sizes
from 1–2.5 cm.
27. Fish pen—an artificial enclosure constructed within a body of water for cul-
turing fish and fishery/aquatic resources made up of poles closely arranged in an enclo-
sure with wooden materials, screen or nylon netting to prevent escape of fish.
28. Fisherfolk—people directly or personally and physically engaged in taking
and/or culturing and processing fishery and/or aquatic resources.
29. Fisherfolk cooperative—a duly registered association of fisherfolk with a
common bond of interest, who have voluntarily joined together to achieve a lawful
common social or economic end, making equitable contribution to the capital require-
ment and accepting a fair share of the risks and benefits of the undertaking is accor-
dance with universally accepted cooperative principles.
30. Fisherfolk organization—an organized group, association, federation, alliance
or an institution of fisherfolk which has at least fifteen (15) members, a set of officers, a
constitution and by-laws, and organizational structure and a program of action.
31. Fisheries—refers to all activities relating to the act or business of fishing, cul-
turing, preserving, processing, marketing, developing, conserving and managing
aquatic resources and the fishery areas, including the privilege to fish or take aquatic
resources thereof.
32. Fish pond—a land-based facility enclosed with earthen or stone material to
impound water for growing fish.
540
FISHERIES CODE
33. Fishing boat/gear License—a permit to operate specific types of fishing

boat/gear for specific duration in areas beyond municipal waters for demersal or pelagic
fishery resources.
34. Fishery management areas—a bay, gulf, lake or any other fishery area which
may be delineated for fishery resource management purposes.
35. Fishery operator—one who owns and provides the means including land, la-
bor, capital, fishing gears and vessels, but does not personally engage in fishery.
36. Fishery refuge and sanctuaries—a designated area where fishing or other
forms of activities which may damage the ecosystem of the area is prohibited and hu-
man access may be restricted.
37. Fishery reserve—a designated area where activities are regulated and set
aside for educational and research purposes.
38. Fishery species—all aquatic flora and fauna including but not restricted to:
fish, algae, coelenterates, mollusks, crustaceans, echinoderms and cetaceans.
39. Fishing—the taking of fishery species from their wild state or habitat, with or
without the use of fishing vessels.
40. Fishing gear—any instrument or device and its accessories utilized in taking
fish and other fishery species.
Active fishing gear—is a fishing device characterized by gear movements, and/or
the pursuit of the target species by towing, lifting, and pushing the gears, surrounding,
covering, dredging, pumping and scaring the target species to impoundments; such as,
but not limited to, trawl, purse seines, Danish seines, bag nets, paaling, drift gill net
and tuna longline.
Passive fishing gear—is characterized by the absence of gear movements and/or
the pursuit of the target species, such as, but not limited to, hook and line, fishpots,
traps and gill nets across the path of the fish.
41. Fishing vessel—any boat, ship or other watercraft equipped to be used for
taking of fishery species or aiding or assisting one (1) or more vessels in the perform-
ance of any activity relating to fishing, including, but not limited to, preservation, sup-
ply, storage, refrigeration, transportation and/or processing.
42. Fishing with explosives—the use of dynamite, other explosives or other
chemical compounds that contain combustible elements or ingredients which upon igni-
tion by friction, concussion, percussion or detonation of all or parts of the compound,
will kill, stupefy, disable or render unconscious any fishery species. It also refers to the
use of any other substance and/or device which causes an explosion that is capable of
producing the said harmful effects on any fishery species and aquatic resources and
capable of damaging and altering the natural habitat.
43. Fishing with noxious or poisonous substances—the use of any substance,
plant extracts or juice thereof, sodium cyanide and/or cyanide compounds or other
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chemicals either in a raw or processed form, harmful or harmless to human beings,

which will kill, stupefy, disable or render unconscious any fishery species and aquatic
resources and capable of damaging and altering the natural habitat.
44. Fishworker—a person regularly or not regularly employed in commercial fishing
and related industries,
whose income is either
in wage, profit-sharing
or stratified sharing
basis, including those
working in fish pens,
fish cages, fish
corrals/traps, fish-
ponds, prawn farms,
sea farms, salt beds,
fish ports, fishing boat
or trawlers, or fish
processing and/or pack-
ing plants. Excluded
from this category are
administrators,
security guards and
overseers.
45. Food secu-
rity—refers to any
plan, policy or strat-
egy aimed at ensuring “In the eyes of Nature, humans are just another species in trou-
adequate supplies of ble.”— Lionel Tiger & Robin Fox, The Imperial Animal,
197I. (Y. Lee)
appropriate food at
affordable prices. Food security may be achieved through self-sufficiency (i.e. ensuring
adequate food supplies from domestic production), through self-reliance (i.e. ensuring
adequate food supplies through combination of domestic production and importation), or
through pure importation.
46. Foreshore land—a string of land margining a body of water; the part of a sea-
shore between the low-water line usually at the seaward margin of a low tide terrace
and the upper limit of wave wash at high tide usually marked by a beach scarp or berm.
47. Fully-developed fishpond area—a clean leveled area enclosed by dikes, at
least one foot higher than the highest floodwater level in the locality and strong enough
to resist pressure at the highest flood tide; consists of at least a nursery pond, a transi-
tion pond, a rearing pond or a combination of any or all said classes of ponds, and a
functional water control system and producing in a commercial scale.
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FISHERIES CODE
48. Gross tonnage—includes the underdeck tonnage, permanentlly enclosed spaces

above the tonnage deck, except for certain exemptions. In broad terms, all the vessel’s
‘closed-in’ spaces expressed in volume terms on the bases of one hundred cubic feet (that
equals one gross ton).
49. Inland fishery—the freshwater fishery and brackishwater fishponds.
50. Lake—an inland body of water, an expanded part of a river, a reservoir
formed by a dam, or a lake basin intermittently or formerly covered by water.
51. Limited access—a fishery policy by which a system of equitable resource use
and allocation is established by law through fishery rights granting and licensing proce-
dure as provided by this Code.
52. Mangroves—a community of intertidal plants including all species of trees,
shrubs, vines and herbs found on coasts, swamps, or border of swamps.
53. Maximum Sustainable Yield (MSY)—is the largest average quantity of fish
that can be harvested from a fish stocks/resource within a period of time (e.g. one year)
on a sustainable basis under existing environmental conditions.
54. Migratory species—refers to any fishery species which in the course of their
life could travel from freshwater to marine water or vice versa, or any marine species
which travel over great distances in waters of the ocean as part of their behavioral ad-
aptation for survival and speciation:
a. Anadromous species—marine fishes which migrate to freshwater areas to
spawn;
b. Catadromous species—freshwater fishes which migrate to marine areas to
spawn.
55. Monitoring, control and surveillance—
a. Monitoring - the requirement of continuously observing:
1. fishing effort which can be expressed by the number of days or hours of
fishing, number of fishing gears, and number of fisherfolk;
2. characteristics of fishery resources, and
3. resource yields (catch);
b. Control—the regulatory conditions (legal framework) under which the exploi-
tation, utilization and disposition of the resources may be conducted; and
c. Surveillance—the degree and types of observations required to maintain com-
pliance with regulations.
56. Municipal fisherfolk—persons who are directly or indirectly engaged in mu-
nicipal fishing and other related fishing activities.
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57. Municipal fishing—refers to fishing within municipal waters using fishing

vessels of three (3) gross tons or less, or fishing not requiring the use of fishing ves-
sels.
58. Municipal waters—include not only streams, lakes, inland bodies of water
and tidal waters within the municipality which are not included within the protected
areas as defined under Republic Act No. 7586 (The NIPAS Law), public forest, timber
lands, forest reserves or fishery reserves, but also marine waters included between two
(2) lines drawn perpendicular to the general 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 coast-
line. Where two (2) municipalities are so situated on opposite shores that there is less
than thirty (30) kilometers of marine waters between them, the third line shall be
equally distant from opposite shore of the respective municipalities.
59. Non-governmental organization (NGO)—an agency, institution, a foundation
or a group of persons whose purpose is to assist peoples organizations/associations in
various ways including, but not limited to, organizing, education, training, research
and/or resource accessing.
60. Payao—a fish aggregating device consisting of a floating raft, anchored by a
weighted line with suspended materials such as palm fronds to attract pelagic and
schooling species common in deep waters.
61. Pearl farm lease—public waters leased for the purpose of producing cultured
pearls.
62. People’s organization—a bonafide association of citizens with demonstrated
capacity to promote the public interest and with identifiable leadership, membership
and structure. Its members belong to a sector/s who voluntarily band themselves to-
gether to work for and by themselves for their own upliftment, development and greater
good.
63. Person—natural or juridical entities such as individuals, associations, part-
nership, cooperatives or corporations.
64. Philippine waters—include all bodies of water within the Philippine territory
such as lakes, rivers, streams, creeks, brooks, ponds, swamps, lagoons, gulfs, bays and
seas and other bodies of water now existing or which may hereafter exist in the prov-
inces, cities, municipalities, and barangays and the waters around, between and con-
necting the islands of the archipelago regardless of their breadth and dimensions, the
territorial sea, the sea beds, the insular shelves, and all other waters over which the
Philippines has sovereignty and jurisdiction including the 200-nautical miles Exclusive
Economic Zone and the continental shelf.
65. Post-harvest facilities—these facilities include, but are not limited to, fish-
port, fishlanding, ice plants and cold storages, and fish processing plants.
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FISHERIES CODE
66. Purse seine—a form of encircling net having a line at the bottom passing
through rings attached to the net, which can be drawn or pursed. In general, the net
is set from a boat or pair of boats around the school of fish. The bottom of the net is
pulled closed with the purse line. The net is then pulled aboard the fishing boat or
boats until the fish are concentrated in the bunt or fish bag.
“Nothing on earth is so weak and yielding as water, but for breaking down the firm and
strong it has no equal.”—Lao-Tze (Y. Lee)
67. Resource rent—the difference between the value of the products produced
from harvesting a publicly owned resource less the cost of producing it, where cost in-
cludes the normal return to capital and normal return to labor.
68. Sea farming—the stocking of natural or hatchery-produced marine plants or
animals, under controlled conditions, for purposes of rearing and harvesting, but not
limited to commercially important fishes, mollusks (such as pearl and giant clam cul-
ture), including seaweeds and seagrasses.
69. Sea ranching—the release of the young of fishery species reared in hatcheries
and nurseries into natural bodies of water for subsequent harvest at maturity or the
manipulation of fishery habitat to encourage the growth of the wild stocks.
70. Secretary—the Secretary of the Department of Agriculture.
71. Superlight—also called magic light, is a type of light using halogen or metal
halide bulb which may be located above the sea surface or submerged in the water. It
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consists of a ballast, regular, electric cable and socket. The source of energy comes from
a generator, battery or dynamo coupled with the main engine.
72. Total allowable catch (TAC)—the maximum harvest allowed to be taken dur-
ing a given period of time from any fishery area, or from any fishery species or group of
fishery species, or a combination of area and species and normally would not exceed the
MSY.
73. Trawl—an active fishing gear consisting of a bag shaped net with or without
other boards to open its opening which is dragged or towed along the bottom or through
the water column to take fishery species by straining them from the water, including all
variations and modifications of trawls (bottom, mid-water, and baby trawls) and tow nets.
Chapter II
Utilization, Management, Development, Conservation And Allocation
System Of Fisheries And Aquatic Resources
SEC. 5. Use of Philippine Waters.—The use and exploitation of the fishery and
aquatic resources in Philippine waters shall be reserved exclusively to Filipinos: Pro-
vided, however, That research and survey activities may be allowed under strict regula-
tions, for purely research, scientific, technological and educational purposes that would
also benefit Filipino citizens.
SEC. 6. Fees and Other Fishery Charges.—The rentals for fishpond areas cov-
ered by the Fishpond Lease Agreement (FLA) and license fees for Commercial Fishing
Boat Licenses (CFBL) shall be set at levels that reflect resource rent accruing from the
utilization of resources and shall be determined by the Department: Provided, That the
Department shall also prescribe fees and other fishery charges and issue fees and other
fishery charges and issue the corresponding license or permit for fishing gear, fishing
accessories and other fishery activities beyond the municipal waters: Provided, further,
That the license fees of fishery activity in municipal waters shall be determined by the
Local Government Units (LGUs) in consultation with the FARMCs. The FARMCs may
also recommend the appropriate license fees that will be imposed.
SEC. 7. Access to Fishery Resources.—The Department shall issue such number
of licenses and permits for the conduct of fishery activities subject to the limits of the
MSY of the resource as determined by scientific studies or best available evidence.
Preference shall be given to resource users in the local communities adjacent or nearest
to the municipal waters.
SEC. 8. Catch Ceiling Limitations.—The Secretary may prescribe limitations or
quota on the total quantity of fish captured, for a specified period of time and specified
area based on the best available evidence. Such a catch ceiling may be imposed per
species of fish whenever necessary and practicable: Provided, however, That in munici-
pal waters and fishery management areas, and waters under the jurisdiction of special
agencies, catch ceilings may be established upon the concurrence and approval or rec-
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FISHERIES CODE
ommendation of such special agency and the concerned LGU in consultation with the
FARMC for conservation or ecological purposes.
SEC. 9. Establishment of Closed Season.—The Secretary may declare, through
public notice in at least two (2) newspapers of general circulation, or in public service
announcements, whichever is applicable, at least five (5) days before the declaration, a
closed season in any
or all Philippine wa-
ters outside the
boundary of munici-
pal waters and in
bays, for conserva-
tion and ecological
purposes. The Secre-
tary may include
waters under the ju-
risdiction of special
agencies, municipal
waters and bays,
and/or other areas
reserved for the use
of the municipal fish-
erfolk in the area to
be covered by the
closed season: Provi-
“I have left almost to the last the magic of water, an element whih
ded, however, That owing to its changefulness of form and mood and colour and to the
this shall be done vast range of its effects is ever the principal source of landscape
only upon the con- beauty, and has like music a mysterious influence over the mind.”—
currence and appro- Sir George Sitwell (On the Making of Gardens) (Y. Lee)
val or recommen-
dation of such special agency and the concerned LGU and FARMC: Provided, further,
That in municipal waters, fishery management areas and other areas reserved for the
use of the municipal fisherfolk, closed season may be established by the concerned LGU
in consultation with the FARMC for conservation or ecological purposes. The FARMCs
may also recommend the establishment of closed seasons in municipal waters, fisheries
management and other areas reserved for the use of the municipal fisherfolk.
SEC. 10. Introduction of foreign aquatic species.—No foreign finfish, mollusk,
crustacean or aquatic plants shall be introduced in Philippine waters without a sound
ecological, biological and environmental justification based on scientific studies subject to
the bio-safety standards as provided for by existing laws: Provided, however, That the De-
partment may approve the introduction of foreign aquatic species for scientific/research
purposes.
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SEC. 11. Protection of rare, threatened and endangered species.—The Depart-

ment shall declare closed seasons and take conservation and rehabilitation measures
for rare, threatened and endangered species, as it may determine, and shall ban the
fishing and/or taking of rare, threatened and/or endangered species, including their
eggs/offspring as identified by existing laws in concurrence with concerned government
agencies.
SEC. 12. Environ-
mental Impact Statement
(EIS).—All government
agencies as well as private
corporations, firms and en-
tities who intend to under-
take activities or projects
which will affect the
quality of the environment
shall be required to pre-
pare a detailed Environ-
mental Impact Statement
(EIS) prior to undertaking
such development activity.
The preparation of the EIS
shall form an integral part
of the entire planning
process pursuant to the
provisions of Presidential
Decree No. 1586 as well as
its implementing rules and
“Water, thou hast no taste, no color, no odor, canst not be regulations.
defined, art relished while ever mysterious. Not necessary to
life, but rather life itself, thou fillest us with a gratificationSEC. 13. Environ-
mental Compliance Certifi-
that exceeds the delight of the senses.”—Antoine de Saint-
Exupery, From Wind, Sand and Stars, 1939 cate (ECC).—All Environ-
(Y. Lee)
mental Impact Statements
(EIS) shall be submitted to the Department of Environment and Natural Resources
(DENR) for review and evaluation. No person, natural or juridical, shall undertake any
development project without first securing an Environmental Compliance Certificate
(ECC) from the Secretary of the DENR.
SEC. 14. Monitoring, control and surveillance of Philippine waters.—A monitor-
ing, control and surveillance system shall be established by the Department in coordi-
nation with LGUs, FARMCs, the private sector and other agencies concerned to ensure
that the fisheries and aquatic resources in Philippine waters are judiciously and wisely
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FISHERIES CODE
utilized and managed on a sustainable basis and conserved for the benefit and enjoy-
ment exclusively of Filipino citizens.
SEC. 15. Auxiliary invoices.—All fish and fishery products must have an auxil-
iary invoice to be issued by the LGUs or their duly authorized representatives prior to
their transport from their point of origin to their point of destination in the Philippines
and/or export purposes upon payment of a fee to be determined by the LGUs to defray
administrative costs therefor.
ARTICLE I
MUNICIPAL FISHERIES
SEC. 16. Jurisdiction of municipality/city government.—The municipal/city

government shall have jurisdiction over municipal waters as defined in this Code. The
municipal/city government, in consultation with the FARMC shall be responsible for the
management, conservation, development, protection, utilization, and disposition of all
fish and fishery/aquatic resources within their respective municipal waters.
The municipal/city government may, in consultation with the FARMC, enact ap-
propriate ordinances for this purpose and in accordance with the National Fisheries
Policy. The ordinances enacted by the municipality and component city shall be re-
viewed pursuant to Republic Act No. 7160 by the sanggunian of the province which has
jurisdiction over the same.
The LGUs shall also enforce all fishery laws, rules and regulations as well as valid
fishery ordinances enacted by the municipality/city council.
The management of contiguous fishery resources such as bays which straddle sev-
eral municipalities, cities or provinces, shall be done in an integrated manner, and shall
not be based on political subdivisions of municipal waters in order to facilitate their
management as single-resource systems. The LGUs which share or border such re-
sources may group themselves and coordinate with each other to achieve the objectives
of integrated fishery resource management. The Integrated Fisheries and Aquatic
Resources Management Councils (IFARMCs) established under Section 76 of this Code
shall serve as the venues for close collaboration among LGUs in the management of
contiguous resources.
SEC. 17. Grant of fishing privileges in municipal waters.—The duly registered
fisherfolk organizations/cooperatives shall have preference in the grant of fishery rights
by the Municipal/City Council pursuant to Section 149 of the Local Government Code:
Provided, That in areas where there are special agencies or offices vested with jurisdic-
tion over municipal waters by virtue of special laws creating these agencies such as, but
not limited to, the Laguna Lake Development Authority and the Palawan Council for
Sustainable Development, said offices and agencies shall continue to grant permits for
proper management and implementation of the aforementioned structures.
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SEC. 18. Users of municipal waters.—All fishery related activities in municipal

waters, as defined in this Code, shall be utilized by municipal fisherfolk and their coop-
eratives/ organizations who are listed as such in the registry of municipal fisherfolk.
The municipal or city government, however, may, through its local chief executive
and acting pursuant to an appropriate ordinance, authorize or permit small and me-
dium commercial fishing vessels to operate within the ten point one (10.1) to fifteen (15)
kilometer area from the shoreline in municipal waters as defined herein, Provided, That
all the following are met:
a. no commercial fishing in municipal waters with depth less than seven (7) fath-
oms as certified by the appropriate agency;
b. fishing
activities utilizing
methods and gears
that are determined to
be consistent with
national policies set by
the Department;
c. prior consul-
tation, through public
hearing, with the
M/CFARMC has been
conducted; and
d. the applicant
vessel as well as the
shipowner, employer,
captain and crew have
been certified by the
appropriate agency as
not having violated “Nature is the glass reflecting God, as by the sea reflected is the
this Code, environ- sun, too glorious to be gazed on in his sphere.” — Brigham
mental laws and re- Young (Y. Lee)
lated laws.
In no case shall the authorization or permit mentioned above be granted for fish-
ing in bays as determined by the Department to be in an environmentally critical condi-
tion and during closed season as provided for in Section 9 of this Code.
SEC. 19. Registry of municipal fisherfolk.—The LGU shall maintain a registry
of municipal fisherfolk, who are fishing or may desire to fish in municipal waters for the
purpose of determining priorities among them, of limiting entry into the municipal
waters, and of monitoring fishing activities and/or other related purposes: Provided,
That the FARMC shall submit to the LGU the list of priorities for its consideration.
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FISHERIES CODE
Such list or registry shall be updated annually or as may be necessary, and shall
be posted in barangay halls or other strategic locations where it shall be open to public
inspection, for the purpose of validating the correctness and completeness of the list.
The LGU, in consultation with the FARMCs, shall formulate the necessary mechanisms
for inclusion or exclusion procedures that shall be most beneficial to the resident mu-
nicipal fisherfolk. The FARMCs may likewise recommend such mechanisms.
The LGUs shall also maintain a registry of municipal fishing vessels by type of
gear and other boat particulars with the assistance of the FARMC.
SEC. 20. Fisherfolk organizations and/or cooperatives.—Fisherfolk organiza-
tions/cooperatives whose members are listed in the registry of municipal fisherfolk, may
be granted use of demarcated fishery areas to engage in fish capture, marine culture
and/or fish farming: Provided, however, That an organization/cooperative other than for
fish capture cannot enjoy the fishing rights granted to the organization or cooperative.
SEC. 21. Priority of resident municipal fisherfolk.—Resident municipal fisher-
folk of the municipality concerned and their organizations/cooperatives shall have prior-
ity to exploit municipal and demarcated fishery areas of the said municipality.
SEC. 22. Demarcated fishery right.—The LGU concerned shall grant demarcated
fishery rights to fishery organizations/cooperatives for marine culture operation in spe-
cific areas identified by the Department.
SEC. 23. Limited entry into overfished areas.—Whenever it is determined by the
LGUs and the Department that a municipal water is overfished based on available data
or information or in danger of being overfished, and that there is a need to regenerate
the fishery resources in that water, the LGU shall prohibit or limit fishery activities in
the said waters.
SEC. 24. Support to municipal fisherfolk.—The Department and the LGUs shall
provide support to municipal fisherfolk through appropriate technology and research,
credit production and marketing assistance and other services such as, but not limited
to training for additional/supplementary livelihood.
SEC. 25. Rights and privileges of fishworkers.—The fishworkers shall be entitled
to the privileges accorded to other workers under the Labor Code, Social Security Sys-
tem and other benefits under other laws or social legislation for workers: Provided,
That fishworkers on board any fishing vessels engaged in fishing operations are hereby
covered by the Philippine Labor Code, as amended.
ARTICLE II
COMMERCIAL FISHERIES
SEC. 26. Commercial fishing vessel license and other licenses.—No person shall
operate a commercial fishing vessel, pearl fishing vessel or fishing vessel for scientific,
research or educational purposes, or engage in any fishery activity, or seek employment
as a fishworker or pearl diver without first securing a license from the Department, the
period of which shall be prescribed by the Department: Provided, That no such license
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shall be required of a fishing vessel engaged in scientific, research or educational pur-

poses within the Philippine waters pursuant to an international agreement of which the
Philippines is a signatory and which agreement defines the status, privileges and obli-
gations of said vessel and its crew and the non-Filipino officials of the international
agency under which said vessel operates: Provided, further, That members of the crew
of a fishing vessel used for commercial fishing except the duly licensed and/or author-
ized patrons, marine engineers, radio operators and cooks shall be considered as fisher-
folk: Provided, furthermore, That all skippers/master fishers shall be required to
undertake an
orientation training
on detection of fish
caught by illegal
means before they
can be issued their
fishworker licenses:
Provided, finally,
That the large
commercial fishing
vessel license herein
authorized to be gran-
ted shall allow the
licensee to operate
only in the Philippine
waters seven (7)
fathoms deep, the
An unnamed and illegally-operating commercial fishing boat trawl-
depth to be certified
ing in the municipal waters of Sta. Fe, Bantayan Island, Cebu,
by the NAMRIA, and September 2006. The Bureau of Fisheries, the gov’t. agency that
subject to the condi- issues the licenses, has indiscrimately issued commercial fishing
tions that may be licenses without first considering the carrying capacity and sus-
stated therein and tainable yield of the marine resources. This is a blatant and con-
the rules and tinuing violation of Sec. 7 of the Fisheries Code. (A. Oposa)
regulations that may
be promulgated by the Department.
SEC. 27. Persons eligible for commercial fishing vessel license.—No commercial
fishing vessel license shall be issued except to citizens of the Philippines, partnerships
or to associations, cooperatives or corporations duly registered in the Philippines at
least sixty percent (60%) of the capital stock of which is owned by Filipino citizens. No
person to whom a license has been issued shall sell, transfer or assign directly or indi-
rectly, his stock or interest therein to any person not qualified to hold a license. Any
such transfer, sale or assignment shall be null and void and shall not be registered in
the books of the association, cooperative or corporation.
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FISHERIES CODE
For purposes of commercial fishing, fishing vessels owned by citizens of the Philip-
pines, partnerships, corporations, cooperatives or associations qualified under this Sec-
tion shall secure Certificates of Philippine Registry and such other documents as are
necessary for fishing operations from the concerned agencies: Provided, That the com-
mercial fishing vessel license shall be valid for a period to be determined by the De-
partment.
SEC. 28. Commercial fishing vessel registration.—The registration, documenta-
tion, inspection and manning of the operation of all types of fishing vessels plying Phil-
ippine waters shall be in accordance with existing laws, rules and regulations.
SEC. 29. Registration and licensing of fishing gears used in commercial fish-
ing.—Before a commercial fishing vessel holding a commercial fishing vessel license
may begin fishing operations in Philippine waters, the fishing gear it will utilize in
fishing shall be registered and a license granted therefore. The Department shall prom-
ulgate guidelines to implement this provision within sixty (60) days from approval of
this Code.
SEC. 30. Renewal of commercial boat license.—The commercial fishing boat li-
cense shall be renewed every three (3) years.
The owner/operator of a fishing vessel has a period of sixty (60) days prior to the
expiration of the license within which to renew the same.
SEC. 31. Report of transfer of ownership.—The owner/operator of a registered
fishing vessel shall notify the Department in writing of the transfer of the ownership of
the vessel with a copy of such document within ten (10) days after its transfer to an-
other person.
SEC. 32. Fishing by Philippine commercial fishing fleet in international wa-
ters.—Fishing vessels of Philippine registry may operate in international waters or
waters of other countries which allow such fishing operations: Provided, That they
comply with the safety, manning and other requirements of the Philippine Coast Guard,
Maritime Industry Authority and other agencies concerned: Provided, however, That
they secure an international fishing permit and certificate of clearance from the De-
partment: Provided, further, That the fish caught by such vessels shall be considered
as caught in Philippine waters and therefore not subject to all import duties and taxes
only when the same is landed in duly designated fish landings and fish ports in the
Philippines: Provided, furthermore, That landing ports established by canneries, sea-
food processors and all fish landing sites established prior to the effectivity of this Code
shall be considered authorized landing sites: Provided, finally, That fishworkers on
board Philippine registered fishing vessels conducting fishing activities beyond the
Philippine Exclusive Economic Zone are not considered as overseas Filipino workers.
SEC. 33. Importation of fishing vessels or construction of new fishing boats.—
Prior to the importation of fishing vessels and the construction of new fishing vessels,
the approval/clearance of the Department must first be obtained.
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SEC. 34. Incentives for municipal and small-scale commercial fisherfolk.—

Municipal and small-scale commercial fisherfolk shall be granted incentives which shall
include, but are not limited to, the following:
a. at least ten percent (10%) of the credit and the guarantee funds of a govern-
ment financing institutions shall be made available for post-harvest and marketing
projects for the purpose of enhancing our fisherfolk competitiveness by reducing post-
harvest losses. Qualified projects shall include, but shall not be limited to, ice plants,
cold storage, canning, warehouse, transport and other related infrastructure projects
and facilities; and
b. the Department shall undertake the following programs:
1. a capability-building program for targeted parties shall be developed by
the Department to promote greater bankability and credit worthiness of municipal
and small-scale commercial fishers. Such program shall include organizing activi-
ties, technology transfer, and skills training related to commercial fishing as well
as credit management. Groups and cooperatives under the program shall have
priority access over credit and guarantee funds established under this Code; and
2. an information campaign shall be conducted to promote the capability-
building and credit programs. The campaign shall ensure greater information dis-
semination and accessibility to targeted fisherfolk.
SEC. 35. Incentives for commercial fishers to fish farther into the Exclusive Eco-
nomic Zone (EEZ).—In order to encourage fishing vessel operators to fish farther in the
EEZ and beyond, new incentives for improvement of fishing vessels and acquisition of
fishing equipment shall be granted in addition to incentives already available from the
Board of Investments (BOI). Such incentives shall be granted subject to exhaustive
evaluation of resource and exploitation conditions in the specified areas of fishing op-
erations. The incentive shall include, but not limited to:
a. long term loans supported by guarantee facilities to finance the building and
acquisition and/or improvement of fishing vessels and equipment;
b. commercial fishing vessel operators of Philippine registry shall enjoy a limited
period and duty exemptions on the importation of fishing vessels not more than five (5)
years old, equipment and paraphernalia, the period of exemption and guidelines shall
be fixed by the Department within ninety (90) days from the effectivity of this Code;
c. commercial fishing operator of Philippine registry engaged in fisheries in the
high seas shall be entitled to duty and tax rebates on fuel consumption for commercial
fisheries operations. Guidelines shall be promulgated within ninety (90) days from the
effectivity of this Code by the Department; and
d. all applicable incentives available under the Omnibus Investment Code of
1987; Provided, That the fishing operation project is qualified for registration and is
duly registered with the BOI.
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FISHERIES CODE
SEC. 36. Complement of fishing vessels.—Every commercial fishing vessel of

Philippine registry when actually operated, shall be manned in accordance with the
requirements of the Philippine Merchant Marine rules and regulations.
SEC. 37. Medical supplies and life-saving devices.—All fishing vessels shall be
provided with adequate medical supplies and life-saving devices to be determined by
the Occupational Safety and Health Center: Provided, That a fishing vessel of twenty
(20)GT or more shall have as a member of its crew a person qualified as a first aider
duly certified by the Philippine National Red Cross.
SEC. 38. Reportorial requirements.—Each commercial fishing vessel shall keep
a daily record of fish catch and spoilage, landing points, and quantity and value of fish
caught, and off-loaded for transshipment, sale and/or other disposal. Detailed informa-
tion shall be duly certified by the vessel’s captain and transmitted monthly to the officer
or representative of the Department, at the nearest designated landing point.
SEC. 39. Report of meteorological and other data.—All vessels and crafts pass-
ing navigational lanes or engaged in fisheries activity shall be required to contribute to
meteorological and other data, and shall assist the Department in documentation or
reporting of information vital to navigation and the fishing industry.
SEC. 40. Color code and radio frequency.—For administrative efficiency and en-
forcement of regulations, registered fishing vessels shall bear a color code as may be
determined by the Department, and may be assigned a radio frequency specific and
distinct to its area of operation.
SEC. 41. Passage.—Commercial and other passage not in the regular conduct of
fisheries activity shall be made at designated navigational lanes.
SEC. 42. Transshipment.—Foreign fishing vessels wishing to avail of land, air
and sea facilities available in the Philippines to transport fishery products which are
caught outside Philippine territorial waters to its final destination shall call only at
duly designated government owned or-controlled regional fishport complexes after se-
curing clearance from the Department.
SEC. 43. Operation of radio communication facilities on board fishing vessels.—
The Department shall promulgate guidelines in the operation of radio communication
facilities on board fishing vessels and the assignment of radio frequencies specific and
distinct to area of operation in coordination with the National Telecommunications
Commission.
SEC. 44. Use of superlight.—The number of wattage of superlights used in
commercial fishing vessels shall be regulated by the Department: Provided, That the
use of superlights is banned within municipal waters and bays.
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ARTICLE III
AQUACULTURE
SEC. 45. Disposition of public lands for fishery purposes.—Public lands such as
tidal swamps, mangroves, marshes, foreshore lands and ponds suitable for fishery op-
2
erations shall not be disposed or alienated. Upon effectivity of this Code, FLA may be
issued for public lands that may be declared available for fishpond development primar-
ily to qualified fisherfolk cooperatives/associations: Provided, however, That upon the
expiration of existing FLAs the current lessees shall be given priority and be entitled to
an extension of twenty-five (25) years in the utilization of their respective leased areas.
Thereafter, such FLAs shall be granted to any Filipino citizen with preference, primar-
ily to qualified fisherfolk cooperatives/associations as well as small and medium enter-
prises as defined under Republic Act No. 8289: Provided, further, That the Department
shall declare as reservation, portions of available public lands certified as suitable for
fishpond purposes for fish sanctuary, conservation, and ecological purposes: Provided,
finally, That two (2) years after the approval of this Act, no fish pens or fish cages or
fish traps shall be allowed in lakes.
SEC. 46. Lease of fishpond.—Fishponds leased to qualified persons and fisher-
folk organizations/cooperatives shall be subject to the following conditions:
a. Areas leased for fishpond purposes shall be no more than 50 hectares for indi-
viduals and 250 hectares for corporations or fisherfolk organizations;
b. The lease shall be for a period of twenty-five (25) years and renewable for an-
other twenty-five (25) years; Provided, That in case of the death of the lessee, his spouse
and/or children, as his heirs, shall have preemptive rights to the unexpired term of his
Fishpond Lease Agreement subject to the same terms and conditions provided herein
Provided, That the said heirs are qualified.
c. Lease rates for fishpond areas shall be determined by the Department: Pro-
vided, That all fees collected shall be remitted to the National Fisheries Research and
Development Institute and other qualified research institutions to be used for aquacul-
ture research development.
d. The area leased shall be developed and producing on a commercial scale within
three (3) years from the approval of the lease contract: Provided, however, That all
areas not full producing within five (5) years from the date of approval of the lease con-
tract shall automatically revert to the public domain for reforestation;
e. The fishpond shall not be subleased, in whole or in part, and failure to comply
with this provision shall mean cancellation of FLA;
f. The transfer or assignment of rights to FLA shall be allowed only upon prior
written approval of the Department;
_______________________
2
Fishpond Lease Agreement.
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FISHERIES CODE
g. The lessee shall undertake reforestation for river banks, bays, streams and
seashore fronting the dike of his fishpond subject to the rules and regulations to be
promulgated thereon; and
h. The lessee shall provide facilities that will minimize environmental pollution,
i.e., settling ponds, reservoirs, etc.: Provided, That failure to comply with this provision
shall mean cancellation of FLA.
SEC. 47. Code of practice for aquaculture.—The Department shall establish a
code of practice for aquaculture that will outline general principles and guidelines for
environmentally-sound design and operation to promote the sustainable development of
the industry. Such Code shall be developed through a consultative process with the
DENR, the fishworkers, FLA holders, fishpond owners, fisherfolk cooperatives, small-
scale operators, research institutions and the academe, and other potential stake-
holders. The Department may consult with specialized international organizations in
the formulation of the code of practice.
“We make a living by what we get; we make a life by what we give.”— W. Churchill
(Y. Lee)
SEC. 48. Incentives and disincentives for sustainable aquaculture practices.—

The Department shall formulate incentives and disincentives such as, but not limited
to, effluent charges, user fees and negotiable permits, to encourage compliance with the
environmental standards and to promote sustainable management practices.
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SEC. 49. Reversion of all abandoned, underdeveloped or underutilized fish-

ponds.—The DENR, in coordination with the Department, LGUs, other concerned agen-
cies and FARMCs shall determine which abandoned, undeveloped or underutilized
fishponds covered by FLAs can be reverted to their original mangrove state and after
having made such determination shall take all steps necessary to restore such areas in
their original mangrove state.
SEC. 50. Absentee fishpond lease agreement holders.—Holders of fishpond lease
agreements who have acquired citizenship in another country during the existence of
the FLA shall have their lease automatically cancelled and the improvements thereon
to be forfeited in favor of the government and disposed of in accordance with the rules
and regulations promulgated thereon.
SEC. 51. License to operate fish pens, fish cages, fish traps, and other structures
for the culture of fish and other fishery products.—Fish dens, fish cages, fish traps and
other structures for the culture of fish and other fishery products shall be constructed
and shall operate only within established zones duly designated by LGUs in consulta-
tion with the FARMCs concerned consistent with national fisheries policies after the
corresponding licenses thereof have been secured. The area to be utilized for this pur-
pose for individual persons shall be determined by the LGUs in consultation with the
concerned FARMC: Provided, however, That not over ten percent (10%) of the suitable
water surface area of all lakes and rivers shall be allotted for aquaculture purposes like
fish pens, fish cages and fish traps; and the stocking density and feeding requirement
which shall be controlled and determined by its carrying capacity; Provided, further,
That fish pens and fish cages located outside municipal waters shall be constructed and
operated only within fish pen and fish cage belts designated by the Department and
after corresponding licenses therefor have been secured and the fees thereof paid.
SEC. 52. Pearl farm leases.—The foregoing provisions, notwithstanding, existing
pearl farm leases shall be respected and allowed to operate under the terms thereof.
New leases may be granted to qualified persons who possess the necessary capital and
technology, by the LGUs having jurisdiction over the area.
SEC. 53. Grant of privileges for operations of fish pens, cages, corrals/traps and
similar structures.—No new concessions, licenses, permits, leases and similar privileges
for the establishment or operation of fish pens, fish cages, fish corrals/traps and other
similar structures in municipal areas shall be granted except to municipal fisherfolk
and their organizations.
SEC. 54. Insurance for fishponds, fish cages and fish pens.—Inland fishponds,
fish cages and fish pens shall be covered under the insurance program of the Philippine
Crop Insurance Corporation for losses caused by force majeure and fortuitous events.
SEC. 55. Non-obstruction to navigation.—Nothing in the foregoing sections shall
be construed as permitting the lessee, licensee, or permittee to undertake any construc-
tion which will obstruct the free navigation in any stream, river, lakes, or bays flowing
through or adjoining the fish pens, fish cages, fish traps and fishponds, or impede the
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FISHERIES CODE
flow of the tide to and from the area. Any construction made in violation hereof shall be
removed upon the order of the Department in coordination with the other government
agencies concerned at the expense of the lessee, licensee, or occupants thereof, when-
ever applicable. The Department shall within thirty (30) days after the effectivity of this
Code formulate and implement rules and regulations for the immediate dismantling of
existing obstruction to navigation.
SEC. 56. Non-obstruction to defined migration paths.—Nothing in the foregoing
sections shall be construed as permitting the lessee, permittee, or licensee to undertake
any construction which will obstruct any defined migration path of migratory fish spe-
cies such as river mouths and estuaries within a distance determined by the concerned
LGUs in consultation with and upon the recommendation of the FARMCs.
SEC. 57. Registration of fish hatcheries and private fishponds, etc..—All fish
hatcheries, fish breeding facilities and private fishponds must be registered with the
LGUs which shall prescribe minimum standards for such facilities in consultation with
the Department: Provided, That the Department shall conduct a yearly inventory of all
fishponds, fish pens and fish cages whether in public or private lands; Provided, further,
That all fishpond, fish pen and fish cage operators shall annually report to the Depart-
ment the type of species and volume of production in areas devoted to aquaculture.
ARTICLE IV
POST-HARVEST FACILITIES, ACTIVITIES AND TRADES
SEC. 58. Comprehensive post-harvest and ancillary industries plan.—The De-

partment shall conduct a regular study of fisheries post-harvest operations and ancil-
lary industries, in the formulation of a comprehensive plan for post-harvest and ancil-
lary industries. It shall take into account, among others, the following:
a. detailed and clear guidelines on the distribution, construction, maintenance
and use of post-harvest infrastructure facilities;
b. extension of credit and incentives for post-harvest operations;
c. promotion and strengthening of semi-processing, processing and handling;
d. development of domestic fishmeal industry;
e. development of fisheries ship-building and repair as a viable industry;
f. development and strengthening of marketing facilities and activities, including
the pricing system, with emphasis on collective marketing and the elimination of mid-
dlemen;
g. increased participation of cooperatives and non-governmental organizations in
post-harvest operations and ancillary industries; and
h. integration of fisheries post-harvest operations into the national fisheries plan.
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SEC. 59. Establishment of post-harvest facilities for fishing communities.—The

LGUs shall coordinate with the private sector and other concerned agencies and
FARMCs in the establishment of post-harvest facilities for fishing communities such as,
but not limited to, municipal fish landing sites, fish ports, ice plants and cold storage
and other fish processing establishments to serve primarily the needs of municipal
fisherfolk: Provided, That such post-harvest facilities shall be consistent with the Com-
prehensive Post-Harvest and Ancillary Industries Plan.
SEC. 60. Registration and licensing of all post-harvest facilities.—All post-
harvest facilities such as fish processing plants, ice plants and cold storages, fish
ports/landings and other fishery business establishments must register with and be
licensed by the LGUs which shall prescribe minimum standards for such facilities in
consultation with the Department.
SEC. 61. Importation and exportation of fishery products.—
a. Export of fishery products shall be regulated whenever such exportation af-
fects domestic food security and production: Provided, That exportation of live fish
shall be prohibited except those which are hatched or propagated in accredited hatcher-
ies and ponds;
b. To protect and maintain the local biodiversity or ensure the sufficiency of do-
mestic supply, spawners, breeders, eggs and fry of bangus, prawn and other endemic
species, as may be determined by the Department, shall not be exported or caused to be
exported by any person;
c. Fishery products may be imported only when the importation has been certi-
fied as necessary by the Department, in consultation with the FARMC, and all the re-
quirements of this Code, as well as all existing rules and regulations have been com-
plied with: Provided, That fish imports for canning/ processing purposes only may be
allowed without the necessary certification, but within the provisions of Section 61 (d) of
this Code; and
d. No person, shall import and/or export fishery products of whatever size, stage
or for any purpose without securing a permit from the Department.
The Department in consultation with the FARMC shall promulgate rules and
regulations on importation and exportation of fish and fishery/aquatic resources with
the Government’s export/import simplification procedures.
SEC. 62. Instruments of weights and measures, and quality grades/standards.—
Standards for weights, volume and other measurements for all fishery transactions
shall be set by the Department.
All fish and fishery products for export, import and domestic consumption shall
meet the quality grades/standards as determined by the Department.
The LGU concerned shall, by appropriate ordinance, penalize fraudulent practices
and unlawful possession or use of instruments of weights and measures.
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FISHERIES CODE
Chapter III
Reconstitution of the Bureau of Fisheries and Aquatic Resources and
Creation of Fisheries and Aquatic Resources Management Councils
ARTICLE I
RECONSTITUTION OF THE BUREAU OF FISHERIES
AND AQUATIC RESOURCES
SEC. 63. Creation of the position of Undersecretary for Fisheries and Aquatic Re-
sources.—There is hereby created in the Department of Agriculture the position of Un-
dersecretary for Fisheries and Aquatic Resources, solely for the purpose of attending to
the needs of the fishing industry, to be appointed by the President. Such Undersecre-
tary shall have the following functions:
a. set policies and formulate standards for the effective, efficient and economical
operations of the fishing industry in accordance with the programs of the government;
b. exercise overall supervision over all functions and activities of all offices and
instrumentalities and other offices related to fisheries including its officers;
c. establish with the assistance of the director, such regional, provincial and
other fishery offices as may be necessary and appropriate and organize the internal
structure of BFAR in such manner as is necessary for the efficient and effective attain-
ment of its objectives and purposes; and
d. perform such other functions as may be necessary or proper to attain the objec-
tives of this Code.
SEC. 64. Reconstitution of the BFAR.—The Bureau of Fisheries and Aquatic Re-
sources (BFAR) is hereby reconstituted as a line bureau under the Department of Agri-
culture.
SEC. 65. Functions of the Bureau of Fisheries and Aquatic Resources.—As a line
bureau, the BFAR shall have the following functions:
a. prepare and implement a Comprehensive National Fisheries Industry Devel-
opment Plan;
b. issue licenses for the operation of commercial fishing vessels;
c. issue identification cards free of charge to fishworkers engaged in commercial
fishing;
d. monitor and review joint fishing agreements between Filipino citizens and for-
eigners who conduct fishing activities in international waters, and ensure that such
agreements are not contrary to Philippine commitment under international treaties and
convention on fishing in the high seas;
e. formulate and implement a Comprehensive Fishery Research and Develop-
ment Program, such as, but not limited to, sea farming, sea ranching, tropi-
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cal/ornamental fish and seaweed culture, aimed at increasing resource productivity,

improving resource use efficiency, and ensuring the long-term sustainability of the
country’s fishery and aquatic resources;
f. establish and maintain a Comprehensive Fishery Information system;
g. provide extensive development support services in all aspects of fisheries pro-
duction, processing and marketing;
h. provide advisory services and technical assistance on the improvement of qual-
ity of fish from the time it is caught (i.e., on board fishing vessel, at landing areas, fish
markets, to the processing plants and to the distribution and marketing chain);
i. advise and coordinate with LGUs on the maintenance of proper sanitation and
hygienic practices in fish markets and fish landing areas;
j. establish a corps of specialists in collaboration with the Department of Na-
tional Defense, Department of the Interior and Local Government, Department of For-
eign Affairs for the efficient monitoring, control and surveillance of fishing activities
within Philippine territorial waters and provide the necessary facilities, equipment and
training therefor;
k. implement an inspection system for import and export of fishery/aquatic prod-
ucts and fish processing establishments consistent with international standards to ensure
product quality and safety;
l. coordinate efforts relating to fishery production undertaken by the primary
fishery producers, LGUs, FARMCs, fishery and organizations/cooperatives;
m. coordinate with LGUs and other concerned agencies for the establishment of
productivity enhancing and market development programs in fishing communities to
enable women to engage in other fisheries/economic activities and contribute signifi-
cantly to development efforts;
n. enforce all laws, formulate and enforce all rules and regulations governing the
conservation and management of fishery resources, except in municipal waters and to
settle conflicts of resource use and allocation in consultation with the NFARMC, LGUs
and local FARMCs;
o. develop value-added fishery-products for domestic consumption and export;
p. recommend measures for the protection/enhancement of the fishery industries;
q. assist the LGUs in developing their technical capability in the development,
management, regulation, conservation, and protection of the fishery resources;
r. formulate rules and regulations for the conservation and management of
straddling fish stocks and highly migratory fish stocks; and
s. perform such other related functions which shall promote the development,
conservation, management, protection and utilization of fisheries and aquatic resources.
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FISHERIES CODE
SEC. 66. Composition of BFAR.—As a line bureau, the BFAR shall be headed by
a Director and assisted by two (2) Assistant Directors who shall supervise the adminis-
trative and technical services of the bureau respectively. It shall establish regional,
provincial and municipal offices as may be appropriate and necessary to carry out effec-
tively and efficiency the provisions of this Code.
SEC. 67. Fisheries inspection and quarantine service.—For purposes of monitoring
and regulating the importation and exportation of fish and fishery/aquatic resources, the
Fisheries Inspection
and Quarantine Service
in the BFAR is hereby
strengthened and shall
have the following
functions:
a. conduct fishe-
ries quarantine and
quality inspection of
all fish and fish-
ery/aquatic products
coming into and going
out of the country by
air or water transport,
to detect the presence
of fish pest and dis-
eases and if found to
harbor fish pests or
diseases shall be con-
“Nature uses only the longest threads to weave her patterns, so
fiscated and disposed that each small piece of her fabric reveals the organization of the
of in accordance with entire tapestry.”—Richard Feynman (Y. Lee)
environmental stan-
dards and practices;
b. implement international agreements/commitments on bio-safety and bio-
diversity as well as prevent the movement or trade of endemic fishery and aquatic re-
sources to ensure that the same are not taken out of the country;
c. quarantine such aquatic animals and other fishery products determined or
suspected to be with fishery pests and diseases and prevent the movement or trade from
and/or into the country of these products so prohibited or regulated under existing laws,
rules and regulations as well as international agreements of which the Philippines is a
State Party;
d. examine all fish and fishery products coming into or going out of the country
which may be a source or medium of fish pests or diseases and/or regulated by existing
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fishery regulations and ensure that the quality of fish import and export meet interna-
tional standards; and
e. document and authorize the movement or trade of fish and fishery products
when found free of fish pests or diseases and collect necessary fees prescribed by law
and regulations.
ARTICLE II
THE FISHERIES AND AQUATIC RESOURCES MANAGEMENT
COUNCILS (FARMCs)
SEC. 68. Development of fisheries and aquatic resources in municipal waters and
bays.—Fisherfolk and their organizations residing within the geographical jurisdiction
of the barangays, municipalities or cities with the concerned LGUs shall develop the
fishery/aquatic resources in municipal waters and bays.
SEC. 69. Creation of Fisheries and Aquatic Resources Management Councils
(FARMCs).— FARMCs shall be established in the national level and in all municipali-
ties/cities abutting municipal waters as defined by this Code. The FARMCs shall be
formed by fisherfolk organizations/ cooperatives and NGOs in the locality and be as-
sisted by the LGUs and other government entities. Before organizing FARMCs, the
3
LGUs, NGOs, fisherfolk, and other concerned POs shall undergo consultation and ori-
entation on the formation of FARMCs.
SEC. 70. Creation and Composition of the National Fisheries and Aquatic Re-
sources Management Council (NFARMC).—There is hereby created a National Fisheries
and Aquatic Resources Management Council hereinafter referred to as NFARMC as an
advisory/recommendatory body to the Department. The NFARMC shall be composed of
fifteen (15) members consisting of:
a. the Undersecretary of Agriculture, as Chairman;
b. the Undersecretary of the Interior and Local Government;
c. five (5) members representing the fisherfolk and fishworkers;
d. five (5) members representing commercial fishing and aquaculture operators
and the processing sectors;
e. two (2) members from the academe; and
f. one (1) representative of NGOs involved in fisheries.
The members of the NFARMC, except for the Undersecretary of Agriculture and
the Undersecretary of the Interior and Local Government shall be appointed by the
President upon the nomination of their respective organizations.
_______________________
3
People’s Organization.
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FISHERIES CODE
SEC. 71. Terms of office.—The members of NFARMC, except the Undersecre-

tary of Agriculture and the Undersecretary of the Interior and Local Government, shall
serve for a term of three (3) years without reappointment.
SEC. 72. Functions of the NFARMC.—The NFARMC shall have the following
functions:
a. assist in the formulation of national policies for the protection, sustainable de-
velopment and management of fishery and aquatic resources for the approval of the
Secretary;
b. assist the Department in the preparation of the National Fisheries and Indus-
try Development Plan; and
c. perform such other functions as may be provided by law.
SEC. 73. The Municipal/City Fisheries and Aquatic Resources Management
Councils (M/CFARMCs).—The M/CFARMCs shall be created in each of the municipali-
ties and cities abutting municipal waters. However, the LGU may create the Barangay
Fisheries and Aquatic Resources Management Councils (BFARMCs) and the Lakewide
Fisheries and Aquatic Resources Management Councils (LFARMCs) whenever neces-
sary. Such BFARMCs and LFARMCs shall serve in an advisory capacity to the LGUs.
SEC. 74. Functions of the M/CFARMCs.—The M/CFARMCs shall exercise the
following functions:
a. assist in the preparation of the Municipal Fishery Development Plan and
submit such plan to the Municipal Development Council;
b. recommend the enactment of municipal fishery ordinances to the sangguniang
bayan/sangguniang panlungsod through its Committee on Fisheries;
c. assist in the enforcement of fishery laws, rules and regulations in municipal
waters;
d. advise the sangguniang bayan/panlungsod on fishery matters through its
Committee on Fisheries, if such has been organized; and
e. perform such other functions which may be assigned by the sangguniang ba-
yan/panlungsod.
SEC. 75. Composition of the M/CFARMC.—The regular member of the
M/CFARMCs shall be composed of:
a. Municipal/City Planning Development Office;
b. Chairperson, Agriculture/Fishery Committee of the Sangguniang Ba-
yan/Panlungsod;
c. representative from the accredited non-government organization;
d. representative from the Municipal/City Development Council;
e. representative from the private sector;
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WATER
f. representative from the Department of Agriculture; and

g. at least eleven (11) fisherfolk representatives (seven (7) municipal fisherfolk,
one (1) fishworker and three (3) commercial fishers) in each municipality/city which
include representatives from youth and women sector.
The Council shall adopt rules and regulations necessary to govern its proceedings
and election.
SEC. 76. The Integrated Fisheries and Aquatic Resources Management Councils
(IFARMCs).—The IFARMCs shall be created in bays, gulfs, lakes and rivers and dams
bounded by two (2) or more municipalities/cities.
SEC. 77. Functions of the IFARMCs.—The IFARCs shall have the following
functions:
a. assist in the preparation of the Integrated Fishery Development Plan and
submit such plan to the concerned Municipal Development Council;
b. recommend the enactment of integrated fishery, ordinances to the concerned
sangguniang bayan/panlungsod through its Committee on Fisheries, if such has been
organized;
c. assist in the enforcement of fishery laws, rules and regulations in concerned
municipal waters;
d. advise the concerned sangguniang bayan/panlungsod on fishery matters
through its Committee on Fisheries, if such as has been organized; and
e. perform such other functions which may be assigned by the concerned sang-
guniang bayan/panlungsod.
SEC. 78. Composition of the IFARMCs.—The regular members of the IFARMCs
shall be composed of the following:
a. the chairperson of the Committee on Agriculture/Fisheries of the concerned
sangguniang bayan/panlungsod;
b. the Municipality/City Fisheries Officers of the concerned municipalities/cities;
c. the Municipal/City Development Officers of the concerned municipali-
ties/cities;
d. one (1) representative from NGO;
e. one (1) representative from private sector; and
f. at least nine (9) representatives from the fisherfolk sector which will include
representatives from the youth and women sector.
The Council shall adopt rules and regulations necessary to govern its proceedings
and election.
SEC. 79. Source of funds of the FARMCs.—A separate fund for the NFARMC,
IFARMCs and MCFARMCs shall be established and administered by the Department
from the regular annual budgetary appropriations.
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FISHERIES CODE
Chapter IV
Fishery Reserves, Refuge And Sanctuaries
“But mighty Nature bounds as from her birth; The sun is in the heavens, and life
on earth: Flowers in the valley, splendor in the beam, Health on the gale, and
freshness in the stream.”—Lord Byron (A. Oposa)
SEC. 80. Fishing areas reserves for exclusive use of government.—The Depart-
ment may designate an area or areas in Philippine waters beyond fifteen (15) kilome-
ters from shoreline as fishery reservation for the exclusive use of the government or any
of its political subdivisions, agencies or instrumentalities, for propagation, educational
research and scientific purposes: Provided, That in municipalities or cities, the con-
cerned LGUs in consultation with the FARMCs may recommend to the Department
that portions of the municipal waters be declared as fishery reserves for special or lim-
ited use, for educational research, and/or special management purposes. The FARMCs
may recommend to the Department portions of the municipal waters which can be de-
clared as fisheries reserves for special or limited use for educational, research and spe-
cial management purposes.
SEC. 81. Fish refuge and sanctuaries.—The Department may establish fish ref-
uge and sanctuaries to be administered in the manner to be prescribed by the BFAR at
least twenty-five percent (25%) but not more than forty percent (40%) of bays, foreshore
lands, continental shelf or any fishing ground shall be set aside for the cultivation of
mangroves to strengthen the habitat and the spawning grounds of fish. Within these
areas no commercial fishing shall be allowed. All marine fishery reserves, fish sanctuar-
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ies and mangrove swamp reservations already declared or proclaimed by the President
or legislated by the Congress of the Philippines shall be continuously administered and
supervised by the concerned agency: Provided, however, That in municipal waters, the
concerned LGU in consultation with the FARMCs may establish fishery refuge and
sanctuaries. The FARMCs may also recommend fishery refuge and sanctuaries: Pro-
vided, further, That at least fifteen percent (15%) where applicable of the total coastal
areas in each municipality shall be identified, based on the best available scientific data
and in consultation with the Department and automatically designated as fish sanctu-
aries by the LGUs in consultation with the concerned FARMCs.
Chapter V
Fisheries Research and Development
SEC. 82. Creation of a National Fisheries Research and Development Institute

(NFRDI).—In recognition of the important role of fisheries research in the development,
management, conservation and protection of the country’s fisheries and aquatic re-
sources, there is hereby created a National Fisheries Research and Development Insti-
tute (NFRDI).
The Institute shall form part of the National Research and Development Network
of the Department of Science and Technology (DOST).
The Institute, which shall be attached to the Department, shall serve as the pri-
mary research arm of the BFAR. The overall governance of the Institute shall be vested
in the Governing Board which shall formulate policy guidelines for its operation. The
plans, programs and operational budget shall be passed by the Board. The Board may
create such committees as it may deem necessary for the proper and effective perform-
ance of its functions. The composition of the Governing Board shall be as follows:
a. Undersecretary for Fisheries – Chairman
b. BFAR Director – Vice-Chairman
c. NFRDI Executive Director – Member
d. PCAMRD Executive Director – Member
e. Representative from the academe – Member
f. four (4) representatives from the private sector who shall come from the follow-
ing subsectors: - Members
(1) Municipal Fisherfolk
(2) Commercial Fishing Operator
(3) Aquaculture Operator
(4) Post-Harvest/Processor
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FISHERIES CODE
The NFRDI shall have a separate budget specific to its manpower requirements
and operations to ensure the independent and objective implementation of its research
activities.
SEC. 83. Qualification standard.—The Institute shall be headed by an Execu-
tive Director to be appointed by the President of the Philippines upon the recommenda-
tion of the governing board. The Executive Director shall hold a Doctorate degree in
fisheries and/or other related disciplines. The organizational structure and staffing
pattern shall be approved by the Department: Provided, however, That the staffing
pattern and remunerations for scientific and technical staff shall be based on the quali-
fication standards for science and technology personnel.
SEC. 84. Research and development objectives.—Researches to be done by the
NFRDI are expected to result in the following:
a. To raise the income of the fisherfolk and to elevate the Philippines among the
top five (5) in the world ranking in the fish productions;
b. to make the country’s fishing industry in the high seas competitive;
c. to conduct social research on fisherfolk families for a better understanding of
their conditions and needs; and
d. to coordinate with the fisheries schools, LGUs and private sectors regarding
the maximum utilization of available technology, including the transfer of such technol-
ogy to the industry particularly the fisherfolk.
SEC. 85. Functions of the NFRDI.—As a national institute, the NFRDI shall
have the following functions:
a. establish a national infrastructure unit complete with technologically-
advanced features and modern scientific equipment which shall facilitate, monitor, and
implement various research needs and activities of the fisheries sector;
b. provide a venue for intensive training and development of human resources in
the field of fisheries, a repository of all fisheries researches and scientific information;
c. provide intensive training and development of human resources in the field of
fisheries for the maximum utilization of available technology;
d. hasten the realization of the economic potential of the fisheries sector by
maximizing developmental research efforts in accordance with the requirements of the
national fisheries conservations and development programs, also possibly through col-
laborative effort with international institutions; and
e. formally establish, strengthen and expand the network of fisheries-researching
communities through effective communication linkages nationwide.
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Chapter VI
Prohibitions and Penalties
SEC. 86. Unauthorized fishing or engaging in other unauthorized fisheries ac-

tivities.—No person shall exploit, occupy, produce, breed, culture, capture or gather fish,
fry or fingerlings of any fishery species or fishery products, or engage in any fishery
activity in Philippine waters without a license, lease or permit.
Discovery of any person in an area where he has no permit or registration papers
for a fishing vessel shall constitute prima facie presumption that the person and/or
vessel is engaged in unauthorized fishing: Provided¸ That fishing for daily food suste-
nance or for leisure which is not for commercial, occupation or livelihood purposes may
be allowed.
It shall be unlawful for any commercial fishing vessel to fish in bays and in such
other fishery management areas which may hereinafter be declared as over-exploited.
Any commercial fishing boat captain or the three (3) highest officers of the boat
who commit any of the above prohibited acts upon conviction shall be punished by a fine
equivalent to the value of catch or Ten thousand pesos (P10,000.00) whichever is
higher, and imprisonment of six (6) months, confiscation of catch and fishing gears, and
automatic revocation of license.
It shall be unlawful for any person not listed in the registry of municipal fisherfolk
to engage in any commercial fishing activity in municipal waters. Any municipal fisher-
folk who commit such violation shall be punished by confiscation of catch and a fine of
Five hundred pesos (P500.00).
SEC. 87. Poaching in Philippine waters.—It shall be unlawful for any foreign
person, corporation or entity to fish or operate any fishing vessel in Philippine waters.
The entry of any foreign fishing vessel in Philippine waters shall constitute prima
facie evidence that the vessel is engaged in fishing in Philippine waters.
Violation of the above shall be punished by a fine of One hundred thousand U.S.
Dollars (US$100,000.00), in addition to the confiscation of its catch, fishing equipment
and fishing vessel: Provided, That the Department is empowered to impose an adminis-
trative fine of not less than Fifty thousand U.S. Dollars (US$50,000.00) or not more
than Two hundred thousand (US$200,000.00) or its equivalent in Philippine Currency.
SEC. 88. Fishing through explosives, noxious or poisonous substance, and/or
electricity.—
1. It shall be unlawful for any person to catch, take or gather or cause to be
caught, taken or gathered, fish or any fishery species in Philippine waters with the use
of electricity, explosives, noxious or poisonous substance such as sodium cyanide in the
Philippine fishery areas, which will kill, stupefy, disable or render unconscious fish or
fishery species: Provided, That the Department, subject to such safeguards and condi-
tions deemed necessary and endorsement from the concerned LGUs, may allow, for
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FISHERIES CODE
research, educational or scientific purposes only, the use of electricity, poisonous or

noxious substances to catch, take or gather fish or fishery species: Provided, further,
That the use of poisonous or noxious substances to eradicate predators in fishponds in
accordance with accepted scientific practices and without causing adverse environ-
mental impact in neighboring waters and grounds shall not be construed as illegal fish-
ing.
It will likewise be unlawful for any person, corporation or entity to possess, deal
in, sell or in any manner dispose of, any fish or fishery species which have been illegally
caught, taken or gathered.
The discovery of dynamite, other explosives and chemical compounds which con-
tain combustible elements, or noxious or poisonous substances, or equipment or device
for electro-fishing in any fishing vessel or in the possession of any fisherfolk, operator,
fishing boat official or fishworker shall constitute prima facie evidence, that the same
was used for fishing in violation of this Code. The discovery in any fishing vessel of fish
caught or killed with the use of explosive, noxious or poisonous substances or by elec-
tricity shall constitute prima facie evidence that the fisherfolk, operator, boat official or
fishworker is fishing with the use thereof.
2. Mere possession of explosive, noxious or poisonous substances or electrofishing
devices for illegal fishing shall be punishable by imprisonment ranging from six (6)
months to two (2) years.
3. Actual use of explosives, noxious or poisonous substances or electrofishing de-
vices for illegal fishing shall be punishable by imprisonment ranging from five (5) years
to ten (10) years without prejudice to the filing of separate criminal cases when the use
of the same results to physical injury or loss of human life.
4. Dealing in, selling, or in any manner disposing of, for profit, illegally
caught/gathered fisheries species shall be punished by imprisonment ranging from six
(6) months to two (2) years.
5. In all cases enumerated above, the explosives, noxious or poisonous substances
and/or electrical devices, as well as the fishing vessels, fishing equipment and catch
shall be forfeited.
SEC. 89. Use of fine mesh net.—It shall be unlawful to engage in fishing using
nets with mesh smaller than that which may be fixed by the Department: Provided,
That the prohibition of the use of fine mesh net shall not apply to the gathering of fry,
glass eels, elvers, tabios, and alamang and such species which by their nature are small
but already mature to be identified in the implementing rules and regulations by the
Department.
Violation of the above shall subject the offender to a fine from Two thousand pesos
(P2,000.00) to Twenty thousand pesos (P20,000.00) or imprisonment from six (6)
months to two (2) years or both such fine and imprisonment at the discretion of the
court: Provided, That if the offense is committed by a commercial fishing vessel, the
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boat captain and the master fisherman shall also be subject to the penalties provided
herein: Provided, further, That the owner/operator of the commercial fishing vessel
who violates this provision shall be subjected to the same penalties provided herein:
Provided, finally, That the Department is hereby empowered to impose upon the of-
fender an administrative fine and/or cancel his permit or license or both.
SEC. 90. Use of active gear in the municipal waters and bays and other fishery
management areas.—It shall be unlawful to engage in fishing in municipal waters and
in all bays as well as other fishery management areas using active fishing gears as
defined in this Code.
Violators of the above prohibitions shall suffer the following penalties:
1. The boat captain and master fisherman of the vessels who participated in the
violation shall suffer the penalty of imprisonment from two (2) years to six (6) years;
2. The owner/operator of the vessel shall be fined from Two thousand pesos
(P2,000.00) to Twenty thousand pesos (P20,000.00) upon the discretion of the court.
If the owner/operator is a corporation, the penalty shall be imposed on the
chief executive officer of the Corporation.
3. The catch shall be confiscated and forfeited.
SEC. 91. Ban on co-
ral exploitation and expor-
tation.—It shall be unlawful
for any person or cor-
poration to gather, possess,
sell or export ordinary, pre-
cious and semi-precious
corals, whether raw or in
processed form, except for
scientific or research pur-
poses.
Violations of this pro-
vision shall be punished by
imprisonment from six (6)
months to two (2) years
and a fine from Two thou-
sand pesos (P2,000.00) to
Twenty thousand pesos “The least movement is of importance to all nature. The entire
(P2,000.00), or both such ocean is affected by a pebble.”—Blaise Pascal (Y. Lee)
fine and imprisonment, at
the discretion of the court, and forfeiture of the subject corals, including the vessel and
its proper disposition.
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FISHERIES CODE
The confiscated corals shall either be returned to the sea or donated to schools and
museums for educational or scientific purposes or disposed through other means.
SEC. 92. Ban on Muro-Ami, other methods and gear destructive to coral reefs
and other marine habitat.—It shall be unlawful for any person, natural or juridical, to
fish with gear method that destroys coral reefs, seagrass beds, and other fishery marine
life habitat as may be determined by the Department. “Muro-ami” and any of its varia-
tion, and such similar gear and methods that require diving, other physical or mechani-
cal acts to pound the coral reefs and other habitat to entrap, gather or catch fish and
other fishery species are also prohibited.
The operator, boat captain, master fisherman, and recruiter or organizer of fish-
workers who violate this provisions shall suffer a penalty of two (2) years to ten (10)
years imprisonment and a fine of not less than One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) or both fine and impris-
onment, at the discretion of the court. The catch and gear used shall be confiscated.
It shall likewise be unlawful for any person or corporation to gather, sell or export
white sand, silica, pebbles and any other substances which make up any marine habi-
tat.
The person or corporation who violates this provision shall suffer a penalty of two
(2) years to ten (10) years imprisonment and a fine of not less than One hundred thou-
sand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) or both such
fine and imprisonment, at the discretion of the court. The substance taken from its
marine habitat shall be confiscated.
SEC. 93. Illegal use of superlights.—It shall be unlawful to engage in fishing
with the use of superlights in municipal waters or in violation of the rules and regula-
tions which may be promulgated by the Department on the use of superlights outside
municipal waters.
Violations of this provision shall be punished by imprisonment from six (6) months
to two (2) years and a fine of Five thousand pesos (P5,000.00) per superlight, or both
such fine and imprisonment, at the discretion of the court. The superlight, fishing gears
and vessel shall be confiscated.
SEC. 94. Conversion of mangroves.—It shall be unlawful for any person to con-
vert mangroves into fishponds or for any other purposes.
Violation of the provision of this section shall be punished by imprisonment of six
(6) years and one (1) day to twelve (12) years and/or a fine of Eighty thousand pesos
(P80,000.00): Provided, That if the area requires rehabilitation or restoration as deter-
mined by the court, the offender should also be required to restore or compensate for the
restoration of the damage.
SEC. 95. Fishing in overfished area and during closed season.—It shall be
unlawful to fish in overfished area and during closed season.
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(6) months and one day (1) day to six (6) years and/or fine of Six thousand pesos
(P6,000.00) and by forfeiture of the catch and cancellation of fishing permit or license.
SEC. 96. Fishing in fishery reserves, refuge and sanctuaries.—It shall be unlaw-
ful to fish in fishery areas declared by the Department as fishery reserves, refuge and
sanctuaries.
Violation of the provision of this section shall be punished by imprisonment of two
(2) years to six (6) years and/or fine of Two thousand pesos (P2,000.00) and by forfeiture
of the catch and cancellation of fishing permit or license.
SEC. 97. Fishing.—or taking of rare, threatened or endangered species -- It
shall be unlawful to fish or take rare, threatened or endangered species as listed in the
CITES and as determined by the Department.
Violation of the provision of this section shall be punished by imprisonment of
twelve (12) years to twenty (20) years and/or a fine of One hundred and twenty thou-
sand pesos (P120,000.00) and forfeiture of the catch, and the cancellation of fishing
permit.
SEC. 98. Capture of sabalo and other breeders/spawners.—It shall be unlawful
for any person to catch, gather, capture or possess mature milkfish or “sabalo” and
such other breeders or spawners of other fishery species as may be determined by the
Department: Provided That catching of “sabalo” and other breeders/spawners for local
breeding purposes or scientific or research purposes may be allowed subject to guide-
lines to be promulgated by the Department.
(6) months and one (1) day to eight (8) years and/or a fine of Eighty thousand pesos
(P80,000.00) and forfeiture of the catch, and fishing equipment used and revocation of
license.
SEC. 99. Exportation of breeders, spawners, eggs or fry.—Exportation of breed-
ers, spawners, eggs or fry as prohibited in this Code shall be punished by imprisonment
of eight (8) years, confiscation of the same or a fine equivalent to double the value of the
same, and revocation of the fishing and/or export license permit.
SEC. 100. Importation or exportation of breeders, fish or fishery species.—Any
importation or exportation of fish or fisheries species in violation of this Code shall be
punished by eight (8) years of imprisonment, a fine of Eighty thousand pesos
(P80,000.00) and destruction of live fishery species or forfeiture of non-live fishery spe-
cies in favor of the Department for its proper disposition: Provided, That violator of this
provision shall be banned from being members or stock holders of companies currently
engaged in fisheries or companies to be created in the future, the guidelines for which
shall be promulgated by the Department.
SEC. 101. Violation of catch ceilings.—It shall be unlawful for any person to fish
in violation of catch ceilings as determined by the Department. Violation of the pro-
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FISHERIES CODE
vision of this section shall be punished by imprisonment of six (6) months and one day
(1) day to six (6) years and/or fine of Fifty thousand pesos (P50,000.00) and by forfeiture
of the catch, and fishing equipment used and revocation of license.
SEC. 102. Aquatic pollution.—Aquatic pollution, as defined in this Code shall be
unlawful.
Lettuce Coral Violation of the provision of
this section shall be punished by
imprisonment of six (6) months
and one day (1) day to twelve
(12) years and/or fine of Eighty
thousand pesos (P80,000.00) plus
an additional fine of Eight thou-
sand pesos (P8,000.00) per day
until such violation ceases and
the fines paid.
SEC. 103. Other viola-
tions.—The following fisheries
activities shall also be considered
as a violation of this Code:
a. Failure to Comply with
Minimum Safety Standards—
The owner and captain of a com-
mercial fishing vessel engaged in
fishing who, upon demand by
proper authorities, fails to ex-
hibit or show proof of compliance
with the safety standards pro-
“For I have learned to look on nature, not as in the hour
vided in this Code, shall be im-
of thoughtless youth, but hearing oftentimes the still,
sad music of humanity.”— William Wordsworth
mediately prevented from con-
tinuing with his fishing activity
(A. Oposa)
and escorted to the nearest port
or landing point. The license to operate the commercial fishing vessel shall be sus-
pended until the safety standard has been complied with.
b. Failure to Conduct a Yearly Report on all Fishponds, Fish Pens and Fish
Cages—The FLA of the holder who fails to render a yearly report shall be immediately
cancelled: Provided, That if the offender be the owner of the fishpond, fish pen or fish
cage, he shall be subjected to the following penalties:
1. first offense, a fine of Five hundred pesos (P500.00) per unreported hec-
tare;
2. subsequent offenses, a fine of One thousand pesos (P1,000.00) per unre-
ported hectare.
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c. Gathering and Marketing of Shell Fishes—It shall be unlawful for any person
to take, sell, transfer, or have in possession for any purpose any shell fish which is sexu-
ally mature or below the minimum size or above the maximum quantities prescribed for
the particular species.
d. Obstruction to Navigation or Flow and Ebb of Tide in any Stream, River, Lake
or Bay—It shall be unlawful for any person who causes obstruction to navigation or flow
or ebb of tide.
e. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish
Cages—It shall be unlawful to construct and operate fish, corrals/traps, fish pens and
fish cages without a license/ permit.
Subject to the provision of subparagraph (b) of this section, violation of the above-
enumerated prohibited acts shall subject the offender to a fine ranging from Two thou-
sand pesos (P2,000.00) to Ten thousand pesos (P10,000.00) or imprisonment from one
(1) month and one (1) day to six (6) months, or both such fine and imprisonment, upon
the discretion of the court: Provided, That the Secretary is hereby empowered to impose
upon the offender an administrative fine of not more than Ten thousand pesos
(P10,000.00) or to cancel his permit or license, or to impose such fine and to cancel his
permit and license, in the discretion of the Secretary: Provided, further, That the Sec-
retary, or his duly authorized representative, and law enforcement agents are hereby
empowered to impound with the assistance of the Philippine Coast Guard, PNP-
Maritime Command: Provided, finally, That any person who unlawfully obstructs or
delays the inspection and/or movement of fish and fishery/aquatic products when such
inspection and/or movement is authorized under this Code, shall be subject to a fine of
not more than Ten thousand pesos (P10,000.00) or imprisonment of not more than two
(2) years, or both such fine and imprisonment, upon the discretion of the court.
Every penalty imposed for the commission of an offense shall carry with it the for-
feiture of the proceeds of such offense and the instruments or tools with which it was
committed.
Such proceeds and instruments or tools shall be confiscated and forfeited in favor
of the Government, unless they be the property of a third person not liable for the of-
fense, but those articles which are not subject of lawful commerce shall be destroyed.
SEC. 104. Commercial fishing vessel operators employing unlicensed fisherfolk
or fishworker or crew.—The owner/operator of a commercial fishing vessel employing
unlicensed fisherfolk or fishworker shall be fined Five hundred pesos (P500.00) each for
every month that the same has been employed and/or One thousand pesos (P1,000.00)
for every month for each unlicensed crew member who has been employed.
SEC. 105. Obstruction of defined migration paths.—Obstruction of any defined
migration paths of anadromous, catadromous and other migratory species in areas
including, but not limited to river mouths and estuaries within a distance determined
by the concerned FARMCs shall be punished by imprisonment of seven (7) years to
twelve (12) years or a fine from Fifty thousand pesos (P50,000.00) to One hundred thou-
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FISHERIES CODE
sand pesos (P100,000.00) or both imprisonment and fine at the discretion of the court,
and cancellation of permits/license, if any, and dismantling of obstruction shall be at his
own expense and confiscation of same.
SEC. 106. Obstruction to fishery law enforcement officer.—The boat, owner, mas-
ter or operator or any person acting on his behalf of any fishing vessel who evades, ob-
structs or hinders any fishery law enforcement officer of the Department to perform his
duty, shall be fined Ten thousand pesos (P10,000.00). In addition, the registration,
permit and/or license of the vessel including the license of the master fisherman shall
be canceled.
SEC. 107. Promulgation of administrative orders.—For purposes of fishery regu-
lation or other fishery adjustments, the Department in consultation with the LGUs and
local FARMCs shall issue Fishery Administrative Orders or regulations for the conser-
vation, preservation, management and sustainable development of fishery and aquatic
resources.
Chapter VII
General Provisions
SEC. 108. Fisherfolk settlement areas.—The Department shall establish and

create fisherfolk settlement areas in coordination with concerned agencies of the gov-
ernment, where certain areas of the public domain, specifically near the fishing
grounds, shall be reserved for the settlement of the municipal fisherfolk. Nothing in
this section shall be construed to vest ownership of any resettlement area to a munici-
pal fisherfolk for whom said areas may have been reserved for or had been actually
granted to.
SEC. 109. Municipal fisheries grant fund.—For the development, management
and conservation of the municipal resources, there is hereby created a Fishery Grand
Fund to finance fishery projects of the LGUs primarily for the upliftment of the munici-
pal fisherfolk. The amount of One hundred million pesos (P100,000,000.00) is hereby
appropriated out of the Department’s allocation in the General Appropriations Act
(GAA) to support the Grand Fund.
For this purpose, the Department may seek financial assistance from any source
and may receive any donation therefor.
SEC. 110. Fishery loan and guarantee fund.—Pursuant to Section 7, Article XIII
of the Constitution, there is hereby created a Fishery Loan and Guarantee Fund with
an initial of One hundred million pesos (P100,000,000.00), which shall be administered
by the Land Bank of the Philippines. The fund shall be made available for lending to
qualified borrowers to finance the development of the fishery industry under a program
to be prescribed by the Department.
For the same purpose, the Department may seek financial assistance from any
source and may receive any donation therefrom.
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SEC. 111. Fishing vessels development fund.—There is hereby created a Fishing

Vessel’s Development Fund to enhance the building and/or acquisition of fishing ves-
sels. This shall be a long-term loan facility that shall be administered by the Develop-
ment Bank of the Philippines. The amount of Two hundred and fifty million pesos
(P250,000,000.00) per year for five (5) years is hereby appropriated out of the Depart-
ment’s allocation in the GAA to support this Development Fund.
SEC. 112. Special fisheries science and approfishtech fund.—The Department
shall provide subsidy for full technical and financial support to the development of ap-
propriate technology, both in fishery and ancillary industries, that are ecologically
sound, locally source-based and labor intensive, based on the requirement and needs of
the FARMCs. An initial amount of One hundred million pesos (P100,000,000.00) shall
be authorized for the purpose of a Special Fisheries Science and Approfishtech Fund,
and thereafter shall be included in the GAA.
SEC. 113. Aquaculture investment fund.—An aquaculture Investment Fund in
the minimum amount of Fifty million pesos (P50,000,000.00) shall be established for
soft loans which shall be extended to municipal fisherfolk and their organization who
will engage in aquaculture, and for the development of underdeveloped or underutilized
inland fishponds.
SEC. 114. Other fisheries financing facilities.—In addition to fisheries credit
guarantee, grant and other similar facilities granted under this Code, qualified Filipino
fisherfolk and fisheries enterprises shall enjoy such other facilities granted them under
existing and/or new laws, especially as to rural credit, with preference being given to
fisheries cooperatives.
SEC. 115. Professionalization of fisheries graduates.—There is hereby created a
Fisheries Board of Examiners in the Professional Regulation Commission to upgrade
the Fisheries Profession: Provided, however, That those who have passed the Civil Ser-
vice Examination for Fisheries shall automatically be granted eligibility by the Fisher-
ies Board of Examiners: Provided, further, That they have served the industry in either
public or private capacity for not less than five (5) years: Provided, finally, That the
first Board Examination for B.S. Fisheries Graduates shall be conducted within one (1)
year from the approval of this Code.
SEC. 116. Upgrading of state fisheries school/colleges.—The Department, in co-
ordination with the Commission on Higher Education (CHED), Department of Educa-
tion, Culture and Sports (DECS), and Technical Education and Skills Development
Authority (TESDA), shall upgrade State Fisheries Schools/Colleges which provide both
formal and non-formal education: Provided, however, that the CHED shall incorporate
Approfishtech in the curricula of fisheries schools/colleges.
The Department and the CHED shall jointly formulate standards to upgrade all
fisheries schools/colleges. Fisheries schools/colleges that do not meet minimum stan-
dards shall be closed.
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FISHERIES CODE
SEC. 117. Inclusion of fisheries conservation subjects in school curriculum.—

Fisheries conservation subjects shall be incorporated in the curricula of elementary and
secondary schools both private and public.
SEC. 118. Educational campaign at all levels.—The Department, the CHED, the
DECS and the Philippine Information Agency shall launch and pursue a nationwide
educational campaign to:
a. help realize the policies and implement the provisions of this Code;
b. promote the development, management, conservation and proper use of the
environment;
c. promote the principle of sustainable development; and
d. promote the development of truly Filipino-oriented fishing and ancillary indus-
tries
SEC. 119. Infrastructure support.—The Department in cooperation with con-
cerned agencies shall:
a. prepare and implement a nationwide plan for the development of municipal
fishing ports and markets;
b. prioritize the construction of farm-to-market roads linking the fisheries pro-
duction sites, coastal landing points and other post-harvest facilities to major markets
and arterial roads/highways;
c. identify community infrastructure facilities such as fish landing ports, ice
plant and cold storage facilities in consultation with fishery cooperatives/associations
and prepare plans and designs for their construction that would be consistent with
international environmental standards and occupational safety in sanitation and envi-
ronmental impact;
d. establish and maintain quality laboratories in major fish ports and prescribe
the highest standards for the operation and maintenance of such post-harvest facilities;
e. arrange and make representations with appropriate funding institutions to fi-
nance such facilities for the use of the fishery cooperatives/associations;
f. develop and strengthen marketing facilities and promote cooperative market-
ing systems; and
g. promote and strengthen local fisheries ship-building and repair industry.
SEC. 120. Extension services.—The Department shall develop cost-effective,
practical and efficient extension services on a sustained basis, in addition to those pro-
vided by state educational institutions, especially to municipal fisherfolk in undevel-
oped areas, utilizing practicable and indigenous resources and government agencies
available, and based upon a system of self-reliance and self-help.
SEC. 121. Protection of sensitive technical information.—The Department shall
take such measures as may be necessary in order to protect trade, industrial and policy
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information of Filipino fisherfolk fisheries owners/operators, entrepreneurs, manufac-

turers and researchers, when disclosure of such information will injure the competi-
tiveness or viability of domestic fisheries.
SEC. 122. Assistance in collective information.—The Department, in coordina-
tion with other government entities concerned, may require Filipino representatives
abroad and foreign-based
personnel to assist in the
collection of fisheries data and
information.
SEC. 123. Charting of
navigational lanes and deli-
neation of municipal waters.—
The Department shall author-
ize the National Mapping and
Resource Information Author-
ity (NAMRIA) for the designa-
tion and charting of naviga-
tional lanes in fishery areas
and delineation of municipal
waters. The Philippine Coast
Guard shall exercise control
and supervision over such
“The highest good is like water. Water gives life to the ten
thousand things and does not strive. It flows in places
designated navigational lanes.
men reject and so is like the Tao.”—Excerpt from the SEC. 124. Persons and
Tao Te Ching, Chapter 8 (A. Oposa)
deputies authorized to enforce
this code and other fishery laws, rules and regulations.—The law enforcement officers of
the Department, the Philippine Navy, Philippine Coast Guard, Philippine National
Police (PNP), PNP-Maritime Command, law enforcement officers of the LGUs and other
government enforcement agencies, are hereby authorized to enforce this Code and other
fishery laws, rules and regulations. Other competent government officials and employ-
ees, punong barangays and officers and members of fisherfolk associations who have
undergone training on law enforcement may be designated in writing by the Depart-
ment as deputy fish wardens in the enforcement of this Code and other fishery laws,
rules and regulations.
SEC. 125. Strengthening prosecution and conviction of violators of fishery
laws.—The Department of Justice (DOJ) shall embark on a program to strengthen the
prosecution and conviction aspects of fishery law enforcement through augmentation of
the current complement of state prosecutors and through their continuous training and
reorientation on fishery laws, rules and regulations.
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FISHERIES CODE
SEC. 126. Foreign grants and aids.—All foreign grants, aids, exchange pro-
grams, loans, researches and the like shall be evaluated and regulated by the Depart-
ment to ensure that such are consistent with the Filipinization, democratization and
industrialization of fishing industry and the development of the entire country.
SEC. 127. Mandatory review.—The Congress of the Philippines shall undertake
a mandatory review of this Code at least once every five (5) years and as often as it may
deem necessary, to ensure that fisheries policies and guidelines remain responsive to
changing circumstances.
Chapter VIII
SEC. 128. Moratoria.—The Department shall, upon the recommendation of the

Bureau, have the power to declare a moratorium on the issuance of licenses for com-
mercial fishing vessels to operate in specified area or areas in Philippine waters for a
limited period of time if there are indications of overfishing brought about by a decrease
in the volume and sizes of fish caught therein or for, conservation or ecological pur-
poses.
No new licenses and similar privileges on exploitation of specific fisheries areas in
Philippine waters and aquaculture production areas shall be issued in accordance with
this Code. Such moratoria shall not exceed five (5) years from the effectivity of this
Code.
SEC. 129. Formulation of implementing rules and regulations.—An Inter-
Agency Committee is hereby created to formulate rules and regulations for the full
implementation of this Code within ninety (90) days of its effectivity: Provided, how-
ever, That the formulated rules and regulations shall be submitted to both Houses of
Congress for information and guidance. Such rules and regulations shall take effect
upon publication in a newspaper of general circulation.
The Inter-Agency Committee shall be composed of the following:
a. Secretary of Agriculture as Chairman;
b. Secretary of the Interior and Local Government;
c. Secretary of Environment and Natural Resources;
d. Secretary of Justice;
e. Secretary of Finance;
f. Secretary of Budget and Management;
g. Secretary of Labor and Employment
h. Secretary of National Defense;
i. Commissioner of Civil Service Commission;
581
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j. Director of BFAR;
k. Executive Director of PCAMRD;
l. General Manager of PFDA;
m. One (1) representative from each of the following:
a.1. The League of Provinces;
a.2. The League of Cities
a.3. The League of Municipalities;
a.4. The Liga ng mga Barangay;
n. Representative of the municipal fisherfolk;
o. Representative of the commercial fishers;
p. Representative of the non-government organizations involved in fishing con-
cerns; and
q. A representative from the academe coming from the specialized fisheries insti-
tution.
Chapter IX
Final Provisions
SEC. 130. Appropriation.—The sum necessary to effectively carry out the provi-
sions of this Act during the first year of implementation shall be sourced from the
budget of the DA/BFAR and other agencies performing fisheries-related functions: Pro-
vided, however, That such amount as may be necessary to carry out the provisions of
Sections 79, 109, 110, 111, 112, 113 are hereby appropriated out of the unappropriated
funds of the National Treasury. The Congress of the Philippines shall provide for the
appropriations of the Department, the BFRDI and the Fisheries Scholarship Program
for the succeeding years to be included in the annual GAA.
SEC. 131. Repealing Clause.—Presidential Decree No. 704 amended by Presi-
dential Decree No. 1015 and 1058, Presidential Decree No. 977, as amended, Executive
Order No. 967, series of 1984, Executive Order No. 116, Series of 1987, Executive Order
No. 292, Series of 1987, Executive Order No. 473, Series of 1991, and other existing
laws except Republic Act No. 7611, decrees, executive orders, and rules and regulations
or parts thereof, which are inconsistent with this Code, are hereby repealed or modified
accordingly.
SEC. 132. Separability clause.—If any portion or provision of this Code is de-
clared unconstitutional or invalid, the other portions of provisions hereof, which are not
affected thereby, shall continue to be in full force and effect.
SEC. 133. Effectivity.—This Code shall take effect fifteen (15) days after its pub-
lication in the Official Gazette or in two (2) newspapers of general publication.
582
PROTECTED SPECIES
PROTECTED SPECIES
Dolphins (FAO No. 185, 192)
Pursuant to Sections 4 and 7 of P. D. No. 704, as amended, and the Convention on

International Trade of Endangered Species (CITES) the following rules and regulations
for the protection and conservation of dolphins in Philippine waters are hereby promul-
gated:
SECTION 1. De-
4
finition —As used in this
Order, the following
terms are defined, as
follows:
a. Dolphins—Any
of certain small-toothed
marine mammals of the
Order Cetacea having
beaklike snouts, the neck
vertebrae of which is
partially fused.
b. Take or catch—
includes the killing, cap-
turing, trapping, snaring
and netting of dolphins.
c. Sell—includes
barter, exchange, or “All animals except man know that the ultimate goal of life is to
offering or exposing for enjoy it.” — Samuel Butler
sale.
d. Purchase— means to buy and includes agreeing or offering to buy.
e. Possess—means to have actual or constructive possession or control thereof.
f. Transport—means to carry or move or cause to be carried or moved.
g. Export—means to send or ship out of the country.
5
SEC. 2. Prohibition. —It shall be unlawful to take or catch dolphins in Philip-
pine waters or to sell, purchase, possess, transport, or export the same whether dead or
alive, in any state or form whether raw or processed: Provided, That the Secretary of
Agriculture, upon the recommendation of the Director of Fisheries and Aquatic Re-
sources, may issue a special permit in favor of any government or private agency or
_______________________
4
As amended by Sec. 1, FAO Admin. Order No. 185-1, July 25, 1997.
5
As amended by Sec. 2, FAO Admin. Order No. 185-1, July 25, 1997.
583
WATER
institution engaged in research work on dolphins, including those to be used for exhibi-
tion or show purposes subject to such terms and conditions as the said Secretary may
deem wise to impose.
It shall, likewise, be unlawful to wound or kill dolphins in the course of catching
other species of fish. Dolphins, which are accidentally included in the catch by any gear
shall immediately be released unharmed in the sea; otherwise, the liability shall be
deemed to still exist. Dead dolphins that are washed to the seashore shall be surren-
dered to nearest Department of Agriculture Office for proper disposition.
SEC. 3. Penalty.—Violation of this Order shall subject the offender to a fine of
not less than five hundred (P500.00) pesos to not more than five thousand (P5,000.00)
pesos or imprisonment from six (6) months to four (4) years, or both such fine and im-
prisonment in the discretion of the Court: Provided, That the Director of Fisheries and
Aquatic Resources is hereby empowered to impose upon the offender an administrative
fine of not more than five thousand (P5,000.00) pesos or to cancel his permit or license
or to impose such fine and to cancel his permit or license at his discretion including the
confiscation of the dolphins for proper disposition of the government.
SEC. 4. Effectivity.—This Order shall take effect fifteen (15) days after its publi-
cation in the Official Gazette and/or in two (2) newspapers of general circulation.
Issued on this 16th day of December, 1992.
Whale Sharks and Manta Rays (FAO No. 193, 1998)

Pursuant to Sections 65 and 107 of RA No. 8550 otherwise known as the Philip-
pine Fisheries Code of 1998, the following rules and regulations for the protection and
conservation of whale sharks and manta rays in Philippine waters are hereby promul-
gated:
SECTION 1. Definition.—The terms used herein shall be construed as follows:
Whale Shark—a large elasmobranch of the family Rhincodontidae, of the species
Rhincodon typus characterized externally by a broad, flattened head, a very large and
nearly terminal mouth, very large gill slits, three prominent longitudinal ridges on its
upper flanks, a large first dorsal fin, a semi-lunate caudal fin and a unique “checker-
board” pattern of light spots and stripes on a dark background
Manta Rays—a elasmobranch of the family Mobulidae, synonymous with the giant
Atlantic manta (Manta birostris).
Take or catch—includes the killing, capturing, trapping, snaring and netting of
whale shark and manta rays.
Sell—includes barter, exchange, or offering or exposing for sale.
Possess—means to have actual or constructive possession or control thereof.
Transport—means to carry or move or cause to be carried or moved.
584
WHALE SHARKS AND MANTA RAYS
Export—means to send or ship out of the country.

SEC. 2. Prohibition.—It shall be unlawful to take or catch whale shark and
manta rays in Philippine waters or to sell, purchase, possess, transport, or export the
same whether dead or alive, in any state or form whether raw or processed.
It shall likewise, be
unlawful to wound or to kill
whale shark and manta rays in
the course of catching other
species of fish. Whale shark
and manta rays which are
accidentally included in the
catch by any gear shall imme-
diately be released unharmed
in the sea; otherwise the liabil-
ity shall be deemed to still
exist. Dead whale shark and
manta rays which are drifted
to the seashore shall be
surrendered to the nearest
Department of Agriculture
(DA) Regional Field Unit or
Bureau of Fisheries Regional
or Provincial Fishery Office, as
“Butanding” (Local name of Whale Shark) are regu- the case may be for proper
lar visitors of Donsol from November to May.” (Y. Lee) disposition.
SEC. 3. Issuance of Permit to Conduct Research and/or Collect Specimens for Re-
search/Scientific Purposes.—The Secretary or his duly appointed representative, upon
the recommendation of the Director of the Bureau of Fisheries and Aquatic Resources
(BFAR), may issue a Special Permit in favor of any government or private institution
engaged in purely research work on whale shark and manta rays, subject to such terms
and conditions as the DA Secretary may deem wise to impose.
SEC. 4. Penalty.—Violation of this Order shall subject the offender to a fine of
not less than five hundred (P500.00) pesos to not more than five thousand (P5,000)
pesos or imprisonment from six (6) months to four (4) years, or both such fine and im-
prisonment depending on the discretion of the court: Provided, That the Director of
Fisheries and Aquatic Resources is hereby empowered to impose upon the offender an
administrative fine not more than five thousand (P5,000.00) pesos or to cancel his per-
mit or license or to impose such fine and to cancel his permit or license at his discretion
including the confiscation of the whale shark and/or manta rays for proper disposi-
tion/documentation of the government.
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SEC. 5. Repealing Clause.—All existing administrative orders, rules and regula-

tions which are inconsistent with the provisions of this Order are hereby repealed.
SEC. 6. Effectivity.—This Order shall take effect fifteen (15) days after its publi-
cation in the Official Gazette and/or in two (2) newspaper of general circulation.
Sea Cows (DENR Admin. Order No. 55-91)
Pursuant to Executive Order 192, and in cognizance of the intents and purposes of
Section 1 of ACT VIII of the Convention on International Trade of Endangered Species
(CITES) agreement and in the interest of protecting and preserving endangered species,
the following are hereby promulgated with regard to Dugong or Sea Cow (Dugong du-
gon):
SECTION 1. Basic
that Dugong or Sea Cow
(Dugong dugon) is a pro-
tected marine mammal of
the Philippines. As such, the
killing or taking of such
species for whatever pur-
pose, except for scientific re-
search, and the destruction
or disturbance of its habitat,
is hereby prohibited.
SEC. 2. Illegal Acts.
—Any person who shall
hunt, kill, wound or take
Dugongs dependence on seagrass habitat community makes
away, possess, transport
it vulnerable to human-caused impacts on the seabed such
and/or dispose of Dugong or
as pollution and coastal development.
Sea Cow, dead or alive, its
meat or any of its by-products in violation of the provisions of this Order shall he pun-
ished by imprisonment from six (6) months to four (4) years or a fine from Five Hundred
Pesos (P500.00) to Five Thousand Pesos (P5,000.00) or both upon sound discretion of
the Court, pursuant to Section 38 (d) of PD 704 or the Philippine Fisheries Code.
Furthermore, the vessels/carrier, gears, tools, equipment and other paraphernalia
used in the commission of the prohibited acts and offenses including the catch thereof,
as instrument and proceeds of the offense, shall be confiscated in favor of the govern-
ment pursuant to the pertinent provisions of DENR Administrative Order No. 36, series
of 1991, entitled “Guidelines Governing the Confiscation, Seizure and Disposition of
Wild Flora and Fauna Illegally Collected, Gathered, Acquired, Transported, and Im-
ported Including Paraphernalia”, and the Revised Penal Code.
586
SEASHORES AND BEACH PROTECTION
SEC. 3. Disposition of Confiscated Species.—Confiscated species of Dugong or

Sea Cow, or any of its by-products shall be forfeited in favor of the DENR for disposition
to any research institution as determined by the DENR pursuant to Section 9 of DENR
Administrative Order No. 36, series of 1991.
SEC. 4. Implementing DENR Unit.—The Protected Areas and Wildlife Bureau
(PAWB) through the Pawikan Conservation Project (PCP) shall lead the implementa-
tion of this Order. It shall generate funds and implement a national program for the
conservation and protection of the country’s remaining Dugong or Sea Cow population
and shall also coordinate With other concerned agencies likewise involved in the con-
servation and management of the country’s marine resources.
The Offices of the Undersecretary for Environment and Research and the Under-
secretary for Field Operations through their respective bureaus and regional offices
shall assist PAWB in the enforcement of the provisions of this Order.
SEC. 5. Effectivity.—This Order shall take effect fifteen (15) days after publica-
tion in newspapers of general circulation.
Seashores and Beach Protection (Batas Pambansa Blg. 265)
Front yard of the School of the Seas. (A. Oposa)
SECTION 1. Any provision of law, presidential decree, rule or regulation to the

contrary notwithstanding, the extraction of gravel and sand and such other activities as
would erode or diminish the natural beauty of beaches are prohibited: Provided, however,
587
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That the extraction of silica sand may be allowed under such rules as may be promul-
gated by the Ministry of Natural Resources consistent with the objectives of this Act.
SEC. 2. Any person who violates the provision of this Act shall be punished with
imprisonment of not less than six months or fine of not less six months or fine of not
less than One thousand pesos (P1,000.00) or both such imprisonment and fine at the
discretion of the court.
Approved, November 13, 1982.
Accretion by the Action of Waves
Riparian owner refers to the owner of the land that adjoins a river. The soil depos-
ited on the riparian land automatically becomes the property of the riparian owner. How-
ever, owners of land that adjoins the sea are, strictly speaking, called littoral owners. The
accretion thereto is land of public domain, i.e., public land. The littoral owner has prefer-
ential right to register the property in case said land is not needed for public use.
Facts: The ownership of a tract of alluvial land in Sibocon, Balanga, Bataan is
being disputed in this case. This land is in the northern tip of a triangular tract of land
facing Manila Bay. It is bounded on the east by the Talisay River, on the west by the
Bulacan River, and on the north by Manila Bay.
On October 3, 1946, Sinforoso Pascual, owner of the adjacent property in between
the two rivers, south of the alluvial land, sought to register said land claiming that it is
an accretion on his property. Pascual claimed the accretion as the Riparian owner bas-
ing his demand on Article 457 of the Civil Code. The Director of Lands opposed saying
that the land is foreshore, thus a part of the public domain and owned by the State.
During the pendency of the Land Registration case, Navarro and his privies built a
provisional dike thereon. For this reason, Pascual filed a complaint of ejectment against
Navarro. He lost and later appealed to the CFI of Balanga, Bataan. The Court consoli-
dated the two cases of land registration and ejectment and rendered judgment finding
the subject property to be foreshore land and, being a part of the public domain, cannot
be subject of land registration proceedings.
Pascual appealed to the CA which reversed the findings of the lower court and
granted the petition for registration. The CA found that the land in question is an ac-
cretion formed by the action of two rivers which bounded Pascual’s property. Thus,
being the Riparian owner, he is entitled to the accretion.
The heirs of Navarro appealed the case to the Supreme Court.
Issue: May the land sought to be registered be deemed an accretion in the sense
that it naturally accrues in favor of the Riparian owner or should the land be considered
as foreshore land?
588
Held: Land is foreshore. Accretion as a mode of acquiring property under said

Article 457 of the Civil Code, requires the concurrence of the following requisites:
1. that the accumulation of solid or sediment be gradual and imperceptible;
2. that it be the result of the action of the waters of the river; and
3. that the land where the accretion takes place is adjacent to the bank of the
river.
Accretion is the process whereby the soil deposited on the land fronts the river
bank. In this case, the owner of such estate is called the Riparian owner. Riparian own-
ers are, strictly speaking, distinct from the littoral owners, the latter being owners of
lands bordering the shore of the sea or lake or other tidal waters. The alluvium, by
mandate of Article 457 of the Civil Code, is automatically owned by the Riparian owner
from the moment the soil deposit can be seen.
The location of the area in dispute is undisputed. The disputed area is adjacent to
the Manila Bay, and not to either rivers. Clearly lacking, therefore, is the third requi-
site of accretion: that the alluvium is deposited on the portion of the claimant’s land
adjacent to a riverbank. Moreover, Manila Bay was adjacent to it on the north. It was
only after the planting of trees in said area in 1948 that the land in question began to
rise or get higher in elevation. In other words, the combined and interactive effect of the
planting of palapat and bakawan trees and the receding waters of Manila Bay eventu-
ally resulted in the drying up of its former foreshore.
The controversy, however, (as distinguished from the Laguna de Bay which is con-
sidered a lake) brings a situation calling for the application of Article 4 of the Spanish
Law of Waters of 1866 which states:
“Lands added to the foreshores by accretions and alluvial deposits caused by the action of
the sea form part of the public domain. When they are no longer washed by the waters of the sea
and are not necessary for purposes of public utility, or for the establishment of special industries,
or for the coastguard service, the government shall declare them to be the property of the owners
of the estates adjacent thereto and as increment thereof.”
In the light of the aforecited vintage but still valid law, the land created by the ac-
tion of the waves of the sea is public land. As part of the public domain, the disputed
land is intended for public use, and “so long as the land in litigation belongs to the na-
tional domain and is reserved for public uses, it is not capable of being appropriated by
any private person, except (in certain specific instances, e.g. when it is no longer needed
for public purposes, etc.).”
Heirs of Emiliano Navarro v. JAC, Heirs of Pascual

G.R. No. 68166, February 12, 1997
589
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Accretion Land Belongs to the Littoral Owner
“The law recognizes the preferential right of the littoral owner to the foreshore
land formed by accretions or alluvial deposits due to the action of the sea.
“The reason for that preferential right is the same as the justification for giving
accretions to the riparian owner, which is that accretion compensates the riparian
owner for the diminution which his land suffers by reason of the destructive force of the
waters. So, in the case of littoral lands, he who loses by the encroachments of the sea
should gain by its recession.”
Santulan v. Executive Secretary

G.R. No. L-2802 1, December 15, 1977
*
Table of Offenses and Penalties
For Violations on Marine Resources Laws
Destructive/Illegal Fishing Practice Penalty
Blast or dynamite fishing (Sec. 88)
• Mere possession of dynamite, other • Imprisonment ranging from 6

explosives, and chemical compounds months to 2 years
which contain combustible elements • Prision mayor maximum (10 yrs.
and 1 day to 12 years) to reclusion tempo-
ral (12 years and 1 day to 20 years) (Sec.
3, P.D. No. 1866, as amended for illegal
possession of explosives
• Fishing with explosives • Imprisonment ranging from 5 to 10
years in addition to a separate criminal
case when the use of explosives results to
physical injury or loss of human life
• Dealing in, selling, or in any manner • Imprisonment ranging from 6
disposing of illegally caught/gathered months to 2 years
fisheries for profit • Forfeiture of the fishing vessels,
and fishing equipment
_______________________
*
Unless otherwise indicated, sections refer to provisions contained in R.A. 8550, (The Fish-
eries Code) The contributions of Suzanne Babb and the Coastal Resource Management Project in
the preparation of this table are gratefully acknowledged.
590

Electrofishing (Sec. 88)
• Mere possession of equipment or de- • Imprisonment ranging from 6
vice for electrofishing months to 2 years
• The use results in physical injury or • Imprisonment ranging from 5 to 10

loss of human life years without prejudice to the filing of
separate criminal cases
• Dealing in selling or in any manner • Imprisonment ranging from 6

disposing of, for profit illegally months to 2 years
caught/gathered fisheries • Forfeiture of the fishing vessels,
fishing equipment, and catch
Use of fine mesh nets (Sec. 89)
• Fine mesh nets are those with • A fine from P2,000.00 to P20,000.00
mesh-size of less than 3 cms. measured or imprisonment from 6 months to 2 years
between two opposite knots of a full mesh or both such fine and imprisonment at the
when stretched or as otherwise deter- discretion of the court
mined by the appropriate government • If the offense is committed by a
agency commercial fishing vessel, the boat cap-
tain and the master fisherman shall also
be subjected to the penalties provided
herein
• The owner/operator of the commer-
cial fishing vessel shall be subjected to the
same penalties
• The Department of Agriculture-
Bureau of Fisheries and Aquatic Re-
sources (BFAR) is empowered to impose
upon the offender an administrative fine
and/or cancel his permit or license or both
Use of active gear in municipal wa- • Imprisonment from 2 to 6 years for
ters and bays and other fishery man- the boat captain
agement areas (Sec. 90) • Fine of P2,000.00 to P20,000.00 for
the owner/operator, chief executive officer
if the owner is a corporation or managing
partner
• Confiscation of the catch and gear
591
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Exportation of breeders, spawners, • Imprisonment of 8 years, confisca-
eggs, or fry (Sec. 99) tion of the breeders, spawners, eggs or fry
or a fine equivalent to double the value of
the same, and revocation of the fishing
and/or export license/permit
Taking or catching, selling, possess- • A fine of P80,000.00 and/or impris-
ing, transporting of Sabalo or onment of 6 months and 1 day to 8 years
Chanos chanos (Sec. 98) • Forfeiture of the catch and fishing
N.B. Aside from sabalo or Chanos equipment used and revocation of license
chanos, it is also unlawful for any person
to catch, gather, capture of breeders or
spawners of other fishery species as may
be determined by the DA
Exportation or importation of fish • Imprisonment of 7 years and a fine
and fishery products from point of of P80,000.00
origin to another place without per- • Forfeiture of non-live fishery species
mit (Sec. 100) or destruction of live fishery species
• Violators banned from being mem-
bers or stockholders of companies cur-
rently engaged in fisheries or companies
to be created in the future
Importation of live shrimp and • Imprisonment of 6 months to 4
prawns at all stages except those years or a fine of P500.00 to P5,000.00 or
without special permit (FAO 189, both
Series of 1993)
Foreign boat illegally fishing in Phil- • Confiscation of its catch, fishing
ippine waters (Sec. 87) equipment, and fishing vessel
• A fine of US$100,000.00
• An administrative fine ranging from
US$50,000.00 to US$200,000.00
Discharging in Philippine waters • Imprisonment of 6 years and 1 day
substances of materials deleterious to 12 years and/or a fine of P80,000.00
to fishery aquatic life (Sec. 102) • An additional fine of P8,000.00 per
day until such violation ceases and the
These are substances that can kill,
fines paid
stupefy, disable or render unconsciously
any fishery species and aquatic resources
and are capable of damaging and altering
the natural habitat
592

Construction and operation of fish • Imprisonment from 1 month and 1
corrals/traps, fish pens, and fish day to 6 months at the court’s discretion
cages without permit (Sec. 103, par. • A fine ranging from P2,000.00 to
e) P10,000.00 at the court’s discretion
• A discretionary administrative fine
of P10,000.00 and/or cancellation of permit
Obstructing fishery law enforcement • A fine of P10,000.00 and cancella-
officer in the performance of his tion of registration, permit and/or license
duty (Sec. 106) • Cancellation of the master fisher-
man’s license
Unlawful obstruction or delay in the • A fine of P10,000.00 and cancella-
inspection and/or movement of fish tion of registration, permit and/or license
and fishery products when such in- • Cancellation of the master fisher-
spection and movement are author- man’s license
ized (Sec. 103)
Fishing in fishery reserves, refuge, • Imprisonment from 2 to 6 years
and sanctuaries (Sec. 96) and/or a fine from P2,000.00 to P20,000.00
• Forfeiture of catch and the cancella-
tion of fishing permit and license
Exploiting and exporting corals (Sec. • Imprisonment from 6 months to 2
91) years and a fine from P2,000.00 to
P20,000.00 or both
• Gathering, possessing, selling or ex- • Forfeiture and proper disposition of
porting ordinary, precious or semi- the subject corals and the vessels used
precious raw or processed corals
N.B. This amends P.D. No. 1219
Illegal use of superlights (Sec. 93)
Use of superlight in municipal wa- • Imprisonment from 6 months to 2

ters or in violation of the rules and years and/or a fine of P5,000.00 per super-
regulations on the use of superlights light
outside municipal waters
Obstruction to navigation or the flow • Confiscation of superlight, fishing
and ebb of tide in any stream, river, gears, and the vessel
lake, or bay (Sec. 103, par. d)
Commercial fishing vessel operators • Imprisonment of 1 month and 1 day
employing unlicensed fisherfolk, to 6 months and/or a fine of P2,000.00 to
fishworker or crew (Sec. 104) P10,000.00, and impoundment of the ves-
593
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sel and cancellation of fishing permit or
license
Commercial fishing is defined as the • A fine for the owner/operator of
taking of fishery species by passive P500.00 for every month of employment of
or active gear for trade, business, or an unlicensed crew member and/or
profit beyond subsistence or sports P1,000.00 for every month for each unli-
fishing censed crew member employed
A fishery operator is one who owns

and provides the means including
land, labor, capital, fishing gears and
vessels, but does not personally en-
gage in fishery
Catching, taking, selling, purchasing, • Imprisonment of 12 to 20 years

possessing, and transporting dol- and/or a fine of P120,000.00
phins, whales, and porpoises and
other rare, threatened, or endan-
gered species (Sec. 2, FAO No. 185,
Series of 1992)
Taking or catching, selling, purchas- • Imprisonment of 6 months to 4
ing and possessing, transporting and years
exporting of whale sharks and manta
rays (Sec. 2, FAO No. 193, Series of
1998)
Collecting, gathering, utilizing, pos- • Fine of not more than P600.00 or
sessing, transporting, removing, ex- imprisonment of not more than 6 months
porting and/or disposing of marine or both Automatic cancellation of permit
turtles, turtle eggs, or any of its
products, except in Regions 9 and 12
(MNR Administrative Order No. 12,
Series of 1979)
Gathering, catching, taking, remov- • Imprisonment of 8 to 10 years
ing marine tropical or aquarium fish
without permit (FAO 124, as
amended by FAO 148)
Gathering and farming seaweed • Imprisonment of 6 months to 4
without license or permit (FAO 108, years or a fine of P500.00 to P5,000.00 or
as amended by FAO 146) both
594

Conversion of mangroves into fish- • Imprisonment from 6 years and 1
ponds or for any other purposes (Sec. day to 12 years and/or a fine of P80,000.00
94) • Compensation for restoration or re-
habilitation
Fishing in overfished area (Sec. 95) • Imprisonment of 6 months and 1
N.B. There has to be an official proc- day to 6 years and/or a fine of P6,000.00
lamation that a certain area is over- • Forfeiture of the catch and cancella-
fished and therefore not open for tion of fishing permit or license
fishing
Fishing during closed season (Sec. 95) • Imprisonment of 6 months and 1
day to 6 years and/or a fine of P6,000.00
• Closed season is the period during • Forfeiture of the catch and cancella-
which the taking of specified fishery spe- tion of fishing permit or license
cies by a specified fishing gear is prohib-
ited in a specified area or areas in Philip-
pine waters
Gathering and marketing of shell- • Imprisonment of 1 month and 1 day
fishes without proper permit (Sec. to 6 months and/or a fine of P2,000.00 to
103, par. c) P10,000.00 and impoundment of the ves-
license
Obstruction of defined migration • Imprisonment of 7 to 12 years
paths (Sec. 105) and/or a fine of P50,000.00 to P100,000.00,
cancellation of permit/license if any, and
dismantling of obstruction
Fishing beyond catch ceiling (Sec. • Imprisonment of 6 months and 1
101) day to 6 years and/or a fine of P50,000.00
• Catch ceilings refer to the annual • Forfeiture of the catch and fishing
catch limits allowed to be taken, gathered equipment used and revocation of license
or harvested from any fishing area in
consideration of the need to prevent over-
fishing and harmful depletion of breeding
stocks of aquatic organisms
Failure to comply with minimum • Imprisonment of 1 month and 1 day
safety standards (Sec. 103, par. a) to 6 months and/or a fine of P2,000.00 to
P10,000.00, and impoundment of the ves-
license
595
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Failure to conduct a yearly report on • Imprisonment of 1 month and 1 day
all fishponds, fish pens, and fish to 6 months and/or a fine of P2,000.00 to
cages (Sec. 103, par. b) P10,000.00 and impoundment of the ves-
license
Fishing in Philippine waters with • Imprisonment of 2 to 10 years or a
the use of muro-ami (drive-in-net), fine of P100,000.00 to P500,000.00 or both
kayakas, scareline (Serosca) (Sec. 92) such fine and imprisonment at the discre-
tion of the court to the operator, boat cap-
tain, master fisherman
• Confiscation of catch and gear
Cases for Violations of Fishery/Marine Resources Laws
JURISDICTION OVER ILLEGAL FISHING
Where a case for illegal fishing with dynamite is brought to the Municipal Court
and it finds that the same is beyond its jurisdiction, the Court should conduct a pre-
liminary investigation and elevate the case to the proper court (the RTC) if it finds
probable cause. The Court cannot simply consider the case as a lower offense and decide
it then and there.
Facts: The two accused were apprehended in the seawaters of Cebu aboard a
banca and in the possession of dynamites and other fishing implements. An Information
(indictment/charge sheet) was filed against them for violation of Presidential Decree No.
1058 or for illegal fishing. They were brought to respondent Municipal Circuit Judge,
but the latter, instead of conducting preliminary investigation, treated the complaint as
a violation of Act 3023 which prohibits the manufacture, possession aw sale of dynamite
without a special permit. He proceeded to arraign the accused, who pleaded guilty, and
sentenced them to four months imprisonment and a fine.
Petitioner De Guzman, provincial commander of the police at Cebu City, opposed
the action taken by the judge. He alleged that the proper offense charged should have
been a violation of Presidential Decree No. 704, as amended by Presidential Decree No.
1058, which penalizes illegal fishing with the use of explosives. Thus, respondent could
only have conducted the preliminary investigation since the penalty provided for in
these laws are outside of his jurisdiction and falls within the exclusive original jurisdic-
tion of the CFI (now Regional Trial Court).
Issue: What is the offense committed in this case? Who should have jurisdiction
to try the offense?
596
Held: The acts committed by the two accused properly falls within the letter of
Presidential Decree No. 704, as amended by Presidential Decree No. 1058 which penal-
izes the possession of explosives intended for use in illegal fishing. The Judge erred in
disregarding the charge in the Information. The proper action for a municipal judge
where the offense charged does not fall within the jurisdiction of the Municipal Court is
either to elevate the case to the proper court with the results of the preliminary investi-
gation or in the absence of probable cause, to dismiss the case. He has no jurisdiction to
decide the cast on the merits.
De Guzman v. Escalona
97 SCRA 619, May 16, 1980
Blast Fishing and Illegal Possession of Explosives
Note that Presidential Decree No. 704 has since been revised as Republic No. 8550
(Fisheries Code of 1998) and the offenses of blast/dynamite fishing and possession of
explosives for fishing have since been consolidated into this law. However, it must be
pointed out that the act of possessing explosives without a permit is also a violation of
Presidential Decree No. 1866.
Arrest Without Warrant
Possession of illegally-caught fish (e.g., from dynamite or cyanide fishing) is an of-

fense in itself and its possessor may be immediately be arrested even without a warrant.
Facts: This is an appeal from the decision granting the petition for replevin in-
stituted by Magdayo Ramirez, owner of the sea vessel Tony Lex I, to recover 85 tubs of
fish seized by the Philippine Navy from the said vessel. Ramirez based his petition on
law which stated in part that “not more than one kilo” of fish or aquatic animals should
be taken as samples for examination by the authorities to determine whether the said
specimens were killed or stupefied using illegal equipment or chemicals. The lower
court held that the seizure of the 85 tubs of fish was illegal.
Issue: Was the seizure illegal?
Held: No. The seizure was made by the Philippine Navy after a finding was
made by the fishery product examiner of the Bureau of Fisheries from samples taken
earlier that the fish in question had been killed or caught with the use of dynamite.
The law provides that the mere possession of these fish is a crime. Thus, the
above-quoted provision is inapplicable to the case instead, it should be “governed by the
rule to the effect that the subject of the offense and the proceeds thereof are proper
objects of seizure. This is particularly so-when-as it is in the present case-the mere
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possession of the objects seized constitutes a crime, for the holder of said objects is then
committing a crime in the presence of the officer effecting the seizure. Thus, despite the
absence of a search warrant, the seizure is valid and legal.”
“Furthermore, respondent Judge erred in requiring the posting of a redelivery bond as a con-
dition precedent to the dissolution of the warrant of seizure issued by said officer, for petitioner is
the Republic of the Philippines and the same is exempt from the obligation to post such bond.”
Republic v. Cansino
5 SCRA 103, May 26, 1962
LEGAL PRESSURE POINTS
Mere Possession of Illegally-Caught Fish is an Offense

The possession of illegally-caught fish is an offense in like manner as the posses-
sion of illegally-cut/illegally sourced forest products. The mere possession is, in itself, a
crime and the possessor may be arrested without a warrant as he would then be “in the
act of committing a crime” (in flagrante delicto).
This is also known as being “caught in the act.” Any person, whether a private citi-
zen or an enforcement officer, may proceed to effect the arrest.
Fencing
If someone buys fish knowing, actually or presumptively, that it was illegally
caught, the buyer may also be charged with violation of anti-fencing law.
Availability of a Replevin Suit to Recover Fishing Gear and Boat
One must also look at the similarity between this case and that of Paat v. Court of
Appeals. In that forestry-related case, it was held by the Supreme Court that that the
remedy of a replevin suit to recover the custody of a vehicle seized in a forestry law
violation is not applicable.
Warrantless Search of a Fishing Vessel
Warrantless search of a fishing vessel is allowed because of the inherent mobility

of said craft and the likelihood of escape before a warrant can be secured.
The presumption of guilt in case a person is apprehended with explosives or fish
caught with explosives is constitutionally allowed because the presumption arises only
when a fact has been proved.
Facts: The accused crew members of F/B Robinson were apprehended by mem-
bers of the PNP Maritime Command off the coast of Puerto Princesa, Palawan. They
were brought to the city and charged with fishing with the use of sodium cyanide. The
trial court found them guilty and the CA affirmed. Two issues were presented before
this Court:
598
Issues:
1. Is the warrantless search and seizure of the boat valid?
2. Is the statutory presumption of guilt under Sec. 33 of Presidential Decree No.
704 valid?
Held:
1. Yes. “Search and seizure of vessels and aircrafts without a search warrant for
violations of customs law, have been the traditional exceptions to the constitutional
requirement of a search warrant. It is rooted on the recognition that a vessel and an
aircraft, like motor vehicles, can be quickly moved out of the locality a or jurisdiction in
which the search warrant must be sought and secured.” ‘The same exception ought w
apply to seizures of fishing vessels and boats breaching our fishery laws.”
2. Yes. The third paragraph of Sec. 33 of Presidential Decree No. 704 (now R.A.
No. 8550) creates a presumption of guilt whenever: (a) explosives, obnoxious or poison-
ous substances or equipment or device for electric fishing are found in a fishing boat or
in the possession of a fisherman; or (b) when fish caught or killed with the use of explo-
sives, obnoxious or poisonous substances or by electricity are found in a fishing boat.
The presumption is “based on facts proved and hence is not constitutionally impermis-
sible.” “The fact presumed is a natural inference from the fact proved.”
Hizon v. CA
265 SCRA 517, December 13, 1996
Evidence of Blast-Fishing
Apprehension and evidence of possession of explosives paraphernalia and fish caught
with explosives is sufficient proof to convict a person for fishing with explosives.
Facts: Renerio Vergara together with three co-accused were fishing in the waters of
Palo, Leyte using bottled explosives (badil) to catch, take and gather fish locally known as
bolinao. They were seen and apprehended by the Bantay Dagat team patrolling the area and
their various illegal fishing paraphernalia including the fish caught were confiscated. They
were charged and found guilty by the RTC of Taclo-ban City for violating Sections 33 and 38 of
Presidential Decree No. 704, as amended by Presidential Decree No. 1508, pertaining to illegal
fishing. Vergara appeals to this Court alleging that the trial court erred in convicting him.
Issue: Was the conviction by the trial court correct?
Held: Yes. Aside from the illegal fishing paraphernalia taken from Vergara, other evi-
dence point to the commission of the crime alleged. According to an agricultural technologist
and fish examiner working with the Bantay Dagat team, the fish samples taken from the
accused showed signs of ruptured capillaries, ruptured and blooded abdominal portion, and
crushed internal organs indicating that explosives were indeed used.
People v. Vergara
270 scra 624, April 2, 1997
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Non-Interference by Another Court
When a court already acquires jurisdiction over a vessel apprehended while fishing
with the use of explosives, a co-equal court cannot issue orders directing the release of
said vessel. Arrest and detention of the crew and the seizure of the vessel incidental to
the arrest are all valid even without a warrant.
Facts: Two fishing vessels, Tony Lex VI and Tony Lex III, repeatedly violated
fishing laws. On August 5 or 6, 1965. the two fishing boats were seized for illegal fishing
with dynamite off the coast of Palawan. Fish caught with dynamite and sticks of dyna-
mite were found aboard. Two Informations were filed against each set of crew members
of the vessels for violation of Act No. 4003, as amended, for illegal fishing with dyna-
mite. Subsequently. the CFI of Palawan ordered the Philippine Navy to take custody of
the boats. That same day, the respondent owners of the vessels filed a petition for pre-
liminary mandatory injunction with CFI of Manila against herein petitioners. They
alleged, among others, that the boats were in the act of legitimate fishing operations
when they were seized and that whatever violations committed by the crew members of
the vessels were already settled by virtue of a compromise agreement with the Secre-
tary of Agriculture and Natural Resources dated September 1, 1965. Despite opposition
by Roldan, then the Commissioner of the Philippine Fisheries Commission, the injunc-
tion was issued upon filing of a minimal bond. Hence this petition.
Issue: Was the issued preliminary mandatory injunction valid?
Held: No. When the challenged order was issued, the fishing vessels were already
under the jurisdiction of the CFI Palawan by virtue of its orders directing the Philippine
Navy to detain said vessels, It is immaterial that the vessels were then docked in the
Philippine Navy basin in Manila. The vessels are subject to forfeiture as instrument:, of
the crime. Jurisdiction of the vessels acquired by the Palawan court cannot be interfered
with by another CFI. Only the Palawan court can order the release of the vessels. Since
January 28, 1964, both vessels were cited for violation of fishing laws and were either
ordered impounded or forfeited. When they were apprehended in August 5 or 6, both
vessels were without any permit or license to fish. Moreover, they were caught in fla-
grante, unlawfully fishing with explosives. Thus, the detention of crew without a war-
rant of arrest is lawful and the seizure of the vessels, its equipment and the dynamite
used equally valid as an incident to a lawful arrest.”
Roldan v. Arca
65 SCRA 336, July 25, 1975
600
Fishery Privileges
Municipalities and cities have jurisdiction over their municipal waters and may grant
fishery privileges to certain persons. The principle embodied in this decision has actually
been reaffirmed and made more explicit in the Local Government Code of 1991.
Facts: Ten defendants were caught off the coast of Batangas fishing with a
torchlight in a portion of the sea marked off as No. 106. That place was intended for a
fish weir and leased for that purpose to Lino Mendoza. There was yet no wire installed
and the fishing was done without the consent or knowledge of the lessee. The defen-
dants were charged with violation of Municipal Ordinance No. 4, regulating fishing
privileges in the municipality of Batangas.
The defendants filed a demurrer alleging that the Ordinance is unconstitutional,
and even admitting its validity, their acts were not penalized under said Ordinance.
The CH agreed and dismissed the complaint.
Issue: Is the ordinance unconstitutional?
Held: The right to engage in fishing is a common and general one, but it can be
regulated by a municipal corporation under a provision of law or authority granted by
the Legislature, being in this case, a delegation of the State’s authority to the munici-
pality. By virtue of such authority, a municipality may also grant to the inhabitants the
exclusive right to fish in the sea within the municipal boundaries.
US v. Hernandez
31 Phil. 343, August 26, 1915
… Rising and gliding out

I wandered off by myself
Into the mystical moist night air
And from time to time Looked up
In the perfect silence of stars.
— Walt Whitman
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Creation of the Philippine Coast Guard (Republic Act 5173)

SECTION 1. Coast Guards Objectives.—There is hereby created in the Philip-
pine Navy a major unit to be known as Philippine Coast Guard which shall have the
following general objectives:
a. To enforce or assist in the enforcement of all applicable laws upon the high
seas and waters subject to the jurisdiction of the Republic of the Philippines;
b. To enforce
laws, promulgate
and administer
regulations for the
promotion of safety
of life and property
within the maritime
jurisdiction of the
Philippines; and
c. To develop,
establish, maintain
and operate, with
due regard to the
requirements of na-
tional defense, aids
to maritime naviga-
tion and rescue
facilities for the “Nature encourages no looseness, pardons no errors.”— Ralph
promotion of safety Waldo Emerson (A. Oposa)
on and over the high
seas and waters, subject to the jurisdiction of the Philippines.
SEC. 2. Board of Visitors.—A Board of Visitors is created which shall have visi-
torial and policy-making powers to be composed of the Flag Officer-in-Command of the
Philippine Navy, the Commissioner of the Bureau of Customs, the Secretary of the
Department of Foreign Affairs, the Commissioner of the Bureau of Immigration, the
President of the Filipino Ship-owners Association, and the Commandant of the Philip-
pine Coast Guard who will act as ex-officio member.
SEC. 3. Specific Functions.—The Philippine Coast Guard shall perform the fol-
lowing functions:
a. To prevent and suppress illegal entry, smuggling, other customs frauds and
violations of other maritime laws that may be committed within the waters subject to
the jurisdiction of the Republic of the Philippines, and for the purpose surveillance by
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CREATION OF THE PHILIPPINE COAST GUARD
the Philippine Coast Guard may be made on vessels entering and/or leaving the Phili-
ppine territory;
b. To assist in the suppression of fishing by means of dynamite, explosives or
toxic substances or other methods as may be declared destructive by proper authorities;
c. To promulgate and enforce rules for lights, signals, speed, steering, sailing,
passing, anchorage, movement and towlines of vessels and lights and signals on
bridges;
d. To approve plans for the construction, repair, or alteration of vessels; approve
materials, equipment and appliances of vessels; approved the classification of vessels;
inspect vessels and their equipment and appliances; register all types of motorized
watercraft plying in Philippine waters; issue certificates of inspection and of permits
indicating the approval of vessels for operation; issue certificates of Philippine registry
of vessels; administer load line requirements; promulgate and enforce other provisions
for the safety of life and property on vessels; and determine the numbering of undocu-
mented vessels: Provided, That certification and approval of any plans, equipment and
any vessel by internationally known classification societies which are recognized by the
Philippine Government shall be deemed to have complied with this section;
e. To issue licenses and certificates to officers, pilots, major and minor patrons
and seamen, as well as suspend and revoke such licenses and certificates;
f. To investigate marine casualties and disasters including those arising from
marine protests filed with the Bureau of Customs relative to the liability of ship-owners
and officers;
g. To enforce laws, rules and regulations governing manning, citizenship and
mustering and drilling of crews requirements, control of logbooks, shipment, discharge,
protection, and welfare merchant seamen;
h. To enforce laws requiring the performance of duties of ship-owners and officers
after accidents;
i. To prescribe and enforce regulations for outfitting and operation of motorboats
and the licensing of motorboat operators;
j. To regulate regattas and marine parades;
k. To render aid to distressed persons or vessels on the high seas and on waters
subject to the jurisdiction of the Philippines, and, in this connection, the Philippine
Coast Guard may perform any and all acts necessary to rescue and aid persons; furnish
clothing, food, lodging, medicine and other necessary supplies and services to persons
succored; protect, save, and take charge of all property saved from marine disasters
until such property is delivered to persons authorized to receive it or is otherwise dis-
posed of in accordance with law or applicable regulations; and collect and take charge of
bodies of those who may perish in such disasters;
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l. To develop, establish, maintain, and operate aids to maritime navigation. In

the performance of these functions, the Philippine Coast Guard is authorized to destroy
or tow in port sunken of floating dangers to navigation;
m. To supervise nautical schools with reference to activities relative to navigation,
seamanship, marine engineering and other allied matters, in coordination with the
Department of Education;
n. To perform functions pertaining to maritime communications which are not
specifically delegated to some other office or department; and
o. To assist, within its capabilities and upon request of the appropriate authori-
ties, other Government agencies in the performance of their functions, within the wa-
ters subject to the jurisdiction of the Philippines, relating to matters and activities not
specifically mentioned in this section: Provided, That in the exercise of these functions,
personnel of the Philippine Coast Guard shall be deemed to be acting as agents of the
particular departments, bureau, office, agency or instrumentality charged with the
enforcement and administration of the particular law. Members of the Philippine Coast
Guard are peace officers for all purposes of this Act and shall be, and shall act, as law
enforcement agents of the Bureau of Customs, and the Bureau of Immigration, the
Bureau of Internal Revenue, the Fisheries Commission, and such other departments,
bureaus or offices in the enforcement of pertinent laws, rules and regulations.
SEC. 4. Organization Administration.—The Philippine Coast Guard shall be
headed by a Commandant who shall be a Flag Officer. Subject to the approval of the
Secretary of National Defense, the Flag Officer-in-Command, Philippine Navy, shall
organize the Philippine Coast Guard into operational units or subordinate commands
and equip the same as may be necessary for effective exercise of the functions and du-
ties vested upon it by law, and shall promulgate rules and regulations necessary for its
administration. The Philippine Coast Guard shall be administered and maintained as a
separate unit of the Philippine Navy and it shall be specially trained and equipped for
the effective discharge of police and duties at sea.
The Marine Safety Division, including the Naval Architecture and Engineering
Section, the Maritime Safety Inspection Section, the Registration and Licensing Section
and the functions of the Hulls and Boilers Division, the Marine Board of Inquiry as
existing in the Bureau of Customs, and all other agencies or instrumentalities of the
Government presently performing any of the function provided for in subparagraphs (c)
to (n), inclusive of Section three of this Act, are hereby transferred with their personnel,
records, files, supplies, equipment, furnitures, funds and other properties to the Philip-
pine Coast Guard: Provided, That no person shall be deprived of his office employment
or rank, or suffer any diminution of his salary by operation of this Act. The Lighthouse
Service of the Philippine Navy is, likewise, transferred to the Philippine Coast Guard.
Personnel transferred to the Philippine Coast Guard shall continue to be governed by
the Civil Service Law and other existing laws relating to their individual status, rights,
emoluments and benefits.
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COAST GUARD LAW
SEC. 5. Unauthorized Aids to Maritime Navigation.—The person, association or

corporation shall establish, erect, or maintain any aid to maritime navigation without
first obtaining authorization from the Philippine Coast Guard in accordance with appli-
cable regulations.
SEC. 6. Interference with Aids to Navigation.—It shall be unlawful for any per-
son, association or corporation, to remove, change the location of, obstruct, willfully
damage, make fast to, or interfere with any aid to maritime navigation.
SEC. 7. Penal Provisions.—Any person, association or corporation who violate
any provision of this Act, or the rules and regulations made thereunder, shall upon
conviction, be punished with a fine of not less than one hundred pesos nor more than
five hundred pesos or by imprisonment of not less than thirty days nor more than six
months or both: Provided, finally, That, in case the violation is committed by an asso-
ciation or corporation, the penalty herein prescribed shall be imposed on the responsible
officers or directors thereof: Provided, finally, That, nothing in this Act shall prevent
the Philippine Coast Guard from providing administrative penalties for violation of any
regulation that it promulgates.
SEC. 8. To carry out the purposes of this Act, there is hereby appropriated, out
of any funds in the National Treasury not otherwise appropriated, the sum of fifteen
million three hundred twenty-seven thousand five hundred pesos for the purchase of
watercraft, personnel services, requirement for maintenance and other operating ex-
penses: Provided, That sixty thousand pesos shall be used exclusively for the updating
of the Philippine merchant maritime regulations. To enable the Philippine Coast Guard
to acquire the necessary vessel-requirement to accomplish effectively its mission, the
sum of nine million pesos each year for the first two years after the passage of this Act
and thirteen million pesos each for the succeeding three years shall be included in the
annual General Appropriations Act.
SEC. 9. All laws, executive orders, rules and regulations and parts thereof in-
consistent with this Act are hereby repealed.
Approved: August 4, 1967
Coast Guard Law (Presidential Decree 601)
Whereas, there is a need to organizationally modify the Philippine Coast Guard to

enable it to discharge its functions more efficiently and effectively;
Whereas, there is a need to consolidate functionally related activities into an inte-
grated system to best promote safety of life and property at sea;
Whereas, it is urgently necessary to maintain the present role of the Coast Guard
as the guardian of sea safety, and afford a total approach in its supervision over the
Philippine merchant ships with the end in view of promoting a progressive, reliable and
safe merchant marine;
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the powers in me vested by the Constitution, in order to effect the desired changes and
reforms in the social, economic and political structure of our society, do hereby decree
and order that the following be adopted and made part of the laws of the land:
SECTION 1. Title.—This Decree shall be known as the Revised Coast Guard
Law of 1974.
SEC. 2. Coast Guard objectives.—The Philippine Coast Guard created pursuant
to Republic Act No. 5173 shall have the following general objectives:
a. To enforce or assist in the enforcement of all applicable laws upon the high
seas and territorial waters of the Philippines including all ports, customs zones, water-
ways and other inland waters;
b. To enforce laws, promulgate and administer regulations for the promotion of
safety of life and property within the maritime jurisdiction of the Philippines;
c. To develop, establish, maintain and operate with due regard to the require-
ments of national defense aids to maritime navigation for the promotion of safety on
and over high seas and territorial waters of the Philippines;
“To see a world in a grain of sand and heaven in a wild flower hold infinity in the
palm of your hand and eternity in an hour” — William Blake (Y. Lee)
d. To promulgate, administer and enforce rules and regulations, operate rescue

facilities and participate in behalf of the Philippine government in international confer-
ences for regional cooperation relative to the promotion of safety of life and property at
sea;
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COAST GUARD LAW
e. To provide necessary assistance to government agencies promoting the eco-

nomic development of the maritime industry in the Philippines; and
f. To enforce laws, promulgate and administer regulations for marine environ-
mental protection of the territorial waters of the Philippines.
SEC. 3. Abolition of Board of Visitors.—The Board of Visitors provided under
Section 2 of RA 5173 is abolished.
SEC. 4. Administration and operation.—The Philippine Coast Guard shall be
placed under the direct supervision and control of the Secretary of National Defense.
SEC. 5. Specific functions.—The Philippine Coast Guard shall perform the fol-
lowing functions:
a. To prevent and suppress illegal entry, illegal fishing, illegal gathering of corals
and other marine products, smuggling, other customs frauds and violations of other
maritime and fishery laws that may be committed within the waters of the Philippines
and, for this purpose, surveillance and inspection by the Philippine Coast Guard may be
made on vessels entering and/or leaving Philippine territory; Provided, That any other
law enforcement agency may be called upon by the Philippine Coast Guard to render
assistance in the discharge of this function;
b. To approve plans for the construction, repair or alteration of vessels; approve
materials, equipment and appliances of vessels; approve the classification of vessels;
inspect vessels and their equipment and appliances; register all types of motorized
watercraft plying in Philippine waters; issue certificates of inspection and/or permits
indicating the approval of vessels for operation; issue certificates of Philippine registry
of vessels; administer load line requirements; promulgate and enforce other provisions
for the safety of life and property of vessels; determine the numbering of undocumented
vessels; Provided, That certification and approval of any plans, equipment and any
vessels by internationally known classification societies which are recognized by the
Philippine government shall be deemed to have complied with this Section;
c. To promulgate and enforce rules for lights, signals, speed, steering, sailing,
passing, anchorage, movement and towlines of vessels and lights and signals on
bridges; supervise, control and regulate vessels engaged in the carriage of passengers
and dangerous cargo; and, regulate the length, method and speed of tow in bays and
rivers of the Philippines;
d. To prescribe and enforce regulations for outfitting and operation of motorboats
and the licensing of motorboats;
e. To destroy or tow in port sunken or floating dangers to navigation, including
fish traps at or close to sea lanes, and to issue permits for the salvage of vessels and to
supervise all marine salvage operations as well as prescribe and enforce rules and regu-
lations governing the same;
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f. To establish, develop, operate and maintain aids to navigation and facilities for
search and rescue operations as well as prescribe rules and regulations relative thereto;
g. To promulgate, administer and enforce rules and regulations giving effect to
the provisions of international conventions for the safety of life and property at sea and
to represent the Philippine government in such conventions in the interest of promoting
regional cooperation;
h. To supervise nautical schools and maritime training programs and prescribe
minimum requirements in the conduct of courses in navigation, seamanship, marine
engineering and other allied matters in coordination with the Department of Education
and Culture;
i. To establish, maintain and operate a Seaman’s Training Center for the train-
ing of seafarers for employment aboard inter-island and ocean-going vessels, and in this
connection, to establish, maintain and operate a registration and placement unit or
office for the administration or seaman’s affairs;
j. To enforce laws and promulgate rules and regulations governing manning of
merchant vessels and fishing boats as well as those governing citizenship and muster-
ing and drilling of crews requirements, control of logbooks, shipment, discharge, protec-
tion, and welfare of merchant seamen;
k. To quality officers, pilots, major and minor patrons and seamen through
proper examinations and issue licenses and certificates as proof of their qualification, as
well as suspend and revoke such licenses and certificates in accordance with the rules
and regulations prescribed by the Commandant of the Philippine Coast Guard;
l. To prescribe rules and regulations for the training and certification of unli-
censed merchant marine personnel and selected skills in the shipbuilding industry;
m. To enforce laws and promulgate rules and regulations requiring performance
of duties of ship-owners and officers after accidents and investigate marine casualties
and disasters including those arising from marine protests relative to the liability of
ship-owners and officers;
n. To render aid to distressed persons or vessels on the high seas and on waters
subject to the jurisdiction of the Philippines, and, in this connection, the Philippine
Coast Guard may perform any and all acts necessary to rescue and aid persons; furnish
clothing, food, lodging, medicine and other necessary supplies and services to persons
succored; protect, save, and take charge of all property saved from marine disasters
until such property is delivered to persons authorized to receive it or is otherwise dis-
posed of in accordance with law or applicable regulations; and, collect and take charge
of bodies of those who may perish in such disasters;
o. To regulate regattas and marine parades;
p. To enforce laws, promulgate and administer rules and regulations for the pre-
vention of marine pollution within the territorial waters of the Philippines in coordina-
tion with the National Pollution Control Commission;
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COAST GUARD LAW
q. To perform functions pertaining to maritime communications in coordination

with the Radio Control Office and other cognizant agencies, particularly the require-
ments of international conventions on Safety of Life at Sea (SOLAS) as regards mari-
time communications;
r. To control, operate and manage all privately owned ships, barges and other
watercraft of Philippine registry relative to the movement of strategic materials as the
national security and economic interest of the country may warrant or as ordered by the
President of the Philippines or his duly designated representative;
s. To enforce laws and prescribe rules and regulations relative to vessels engaged
in the barter trade as provided in Presidential Decree No. 93;
t. To exercise exclusive jurisdiction over seizure proceedings against vessels ap-
prehended for violations of the Coast Guard Law, rules and regulations;
u. To assist within its capabilities and upon request of the appropriate authori-
ties, other government agencies in the performance of their functions, within the waters
subject to the jurisdiction of the Philippines, relating to matters and activities not spe-
cifically mentioned in this section; Provided, That in the exercise of these functions,
personnel of the Philippine Coast Guard shall be deemed to be acting as agents of the
particular department, bureau, office, agency or instrumentality charged with the en-
forcement and administration of the particular law. Members of the Philippine Coast
Guard are peace officers for all purposes of this Decree and shall be, and shall act, as
law enforcement agents of the Bureau of Customs, the Bureau of Fisheries and Aquatic
Resources, the Commission on Immigration and Deportation, the Bureau of Internal
Revenue, the National Pollution Control Commission, the Radio Control Office and such
other departments, bureaus or offices in the enforcement of pertinent laws, rules and
regulations.
SEC. 6. Organization.—The Philippine Coast Guard shall continue to be headed
by a Commandant who shall be a Flag Officer. The Philippine Coast Guard shall be
organized into operational units or subordinate commands for the effective exercise of
the functions and duties vested upon it under this Decree and shall modify or revise
such organization to suit the requirements of its functions.
The Marine Safety Division, including the Naval Architecture and Engineering
Section, the Maritime Safety Inspection Section, the Registration and Licensing Sec-
tion, and the functions of the Hulls and Boilers Division, the Board of Marine Inquiry as
then existing in the Bureau of Customs, and all other agencies or instrumentalities of
the Government, and pertaining any of the functions provided for in sub-paragraphs (c)
to (n). inclusive, of Section 3 of RA 5173, which were transferred to the Philippine Coast
Guard, together with their personnel, records, files, supplies, equipment, furniture,
funds and other properties, pursuant to the said Act, shall remain so transferred, in-
cluding the Lighthouse Service of the Philippine Navy; Provided, That the Comman-
dant of the Philippine Coast Guard shall have the power to reorganize these divisions
and sections to be responsive to the needs of the Philippine Coast Guard.
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SEC. 7. Composition of the Board of Marine Inquiry.—The Board of Marine In-

quiry shall be composed of five (5) members to be appointed by the Secretary of Na-
tional Defense upon the recommendation of the Commandant, Philippine Coast Guard.
Unless otherwise directed by the Secretary of National Defense, the Board of Marine
Inquiry shall be constituted as follows: One Coast Guard line of officer of Captain’s rank
as Chairman, two Master Mariners, and one Chief Engineer of the Philippine merchant
marine, and one other who shall be a member of the Philippine Bar. The Commandant,
Philippine Coast Guard shall prescribe the rules of procedure for proceedings before the
Board of Marine Inquiry. The members of the Board shall receive a per diem of forty
pesos for each day of not less than seven hours of service rendered in connection with
marine investigations.
SEC. 8. Organization of the Philippine Merchant Marine Academy.—The Philip-
pine Merchant Academy created pursuant to RA 3680, to include its personnel, funds,
records, equipment and other assets, is hereby placed under the administrative and op-
erational control of the Philippine Coast Guard. The Academy shall be headed by a Super-
intendent who shall be appointed by the Secretary of National Defense upon the recom-
mendation of the Commandant, Philippine Coast Guard.
SEC. 9. Unauthorized aids to maritime navigation.—No person, association or
corporation shall establish, erect, or maintain any aid to maritime navigation without
first obtaining authorization from the Philippine Coast Guard in accordance with appli-
cable regulations.
SEC. 10. Interference with aids to navigation.—It shall be unlawful for any per-
son, association, or corporation, to remove, change the location of, obstruct, willfully
damage, make fast to, or interfere with any aid to maritime navigation.
SEC. 11. Penal provision.—Any person, association, or corporation that violates
any provision of this Decree, or the rules and regulations promulgated thereunder,
shall, upon conviction, be punished with a fine of not less than two hundred pesos nor
more than one thousand pesos or by imprisonment of not less than thirty days nor more
than six months, or both; Provided, That, in case the violation is committed by an asso-
ciation or corporation, the penalty herein prescribed shall be imposed on the responsible
officers or directors thereof; Provided, finally, That nothing in this Decree shall prevent
the Philippine Coast Guard from providing administrative penalties for violation of any
regulation that it promulgates.
SEC. 12. Appropriation.—Such sums as may be needed to carry out the provi-
sions of this Decree which are now appropriated for the Philippine Coast Guard shall
continue to be carried in the annual General Appropriations Decree and increase corre-
spondingly until the Coast Guard shall have attained fully its growth and shall be au-
thorized a separate Project under Program II of the Program and Budget System of the
Armed Forces of the Philippines to be denominated Coast Guard Operations, with the
Commandant, Philippine Coast Guard as the Project Coordinator/Administrator. Not-
withstanding the amount specifically provided in the appropriations for the Philippine
610
PREVENTION AND CONTROL OF MARINE POLLUTION
Coast Guard, any revenue collected and/or donations received by it shall be automati-
cally appropriated for the Philippine Coast Guard.
SEC. 13. All laws, decrees, orders, instructions, rules and regulations and parts
thereof inconsistent with this Decree are hereby repealed and/or modified accordingly.
Coast Guard Jurisdiction
Coast Guard is now under the administrative supervision of the Department of

Transportation and Communications (DOTC) by virtue of Exec. Order No. 477 (1998).
Its functions are now limited to safety of life at sea (SOLAS) and anti- marine pollution
activities. The enforcement of criminal laws in coastal waters, including illegal fishing
activities, is now the principal responsibility of the Maritime Group of the Philippine
National Police (PNP).
Prevention and Control of Marine Pollution

(Presidential Decree 600 as amended by PD 979)
WHEREAS, the marine environment and the living organisms which it supports
are of vital importance to humanity, and all people have an interest in assuring that it
is managed and protected, and its quality is not impaired;
WHEREAS, recognizing that the capacity of the sea to assimilate wastes and ren-
der them harmless, and its ability to regenerate natural resources is limited;
WHEREAS, knowing that marine pollution originates from many sources, such as
dumping and discharging through the rivers, estuaries, brooks or springs;
WHEREAS, it is our responsibility to control public and private activities that cause
damage to the marine environment by using the best practicable means and by develop-
ing improved disposal processes to minimize harmful wastes;
WHEREAS, there is an urgent need to prevent, mitigate or eliminate the increas-
ing damages to marine resources as a result of pollution;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers vested in me by the Constitution do hereby
decree and order the following:
SECTION 1. Title.—This Decree shall be known as the Marine Pollution Decree
of 1974.
SEC. 2. Statement of Policy.—It is hereby declared a national policy to prevent
and control the pollution of seas by the dumping of wastes and other matter which cre-
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ate hazards to human health, harm living resources and marine life, damage amenities,
or interfere with the legitimate uses of the sea within the territorial jurisdiction of the
Philippines.
SEC. 3. Definition of Terms.— As used in this Decree:
a. “Discharge”
includes, but is not
limited to, any spilling,
leaking, pumping,
pouring, emitting,
emptying or dumping.
b. “Dumping”
means any deliberate
disposal at sea of wastes
or other matter from
vessels, aircraft, plat-
forms or other man-made
structures at sea, but
does not include (1) the
disposal at sea of wastes
or other matter inciden-
tal to or derived from the
normal operations of
vessels, aircraft, plat- “Look deep into nature, and then you will understand every-
forms or other man-made thing better.”— Albert Einstein (Y. Lee)
structures at sea and
their equipment, nor (2) the disposal of wastes or other matter directly arising from or
related to the exploitation and associated off-shore processing of seabed mineral re-
sources.
c. “Oil” means oil of any kind or in any form including, but not limited to, petro-
leum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredge spoil.
d. “Ocean Waters” means all marine waters other than the territorial sea and
inland waters of the Philippines and other states.
e. “Public Vessel” means a vessel owned or bareboat chartered and operated by
the Republic of the Philippines, and political subdivision thereof, or by a foreign nation,
except when such a vessel is engaged in commerce.
f. “Tank vessel” means any vessel especially constructed or converted to carry
liquid bulk cargo in tanks.
g. “Tank barge” means any tank vessel not equipped with a means of self propul-
sion.
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PREVENTION AND CONTROL OF MARINE POLLUTION
h. “Vessel” means every description of watercraft, or other artificial contrivance

used, or capable of being used, as a means of transportation on water.
i. “Person” means an individual, partnership, corporation, or association any
owner, master, officer or employee of the Republic of the Philippines.
SEC. 4. Deposit of Refuse in Navigable Water.—It shall be unlawful to throw,
discharge, or deposit, or cause, suffer, or procure to be thrown, discharged, or deposited
either from or out of any ship, barge, or other floating craft of any kind, or from the
shore, wharf, manufacturing establishment, or mill of any kind, any refuse matter of
any kind or description whatever other than that flowing from streets and sewers and
passing therefrom in a liquid state, into any navigable water of the Philippines, or into
any tributary of any navigable water from which the same shall float or be washed into
such navigable water; and it shall be unlawful to deposit, or cause, suffer or procure to
be deposited material of any kind in any place on the bank of any navigable water or on
the bank of any tributary of any navigable water, where the same shall be liable to be
washed into such navigable water, either by ordinary or high tides, or by storms or
floods, or otherwise, whereby navigation shall or may be impeded or obstructed or in-
crease the level of pollution of such waters: Provided, that nothing herein contained
shall extend to, apply to, or prohibit the operations in connection with the improvement
of navigable waters or construction of public works; Provided, further, That the Com-
mandant, Philippine Coast Guard, whenever in his judgment navigation will not be
injured thereby, may permit the deposit of any material above mentioned in navigable
waters, within limits to be defined and under conditions to be prescribed by him, pro-
vided application is made to him prior to depositing such material; and whenever any
permit is so granted the conditions thereof shall be strictly complied with and any viola-
tion thereof shall be unlawful.
SEC. 5. Prohibition Against Discharge of Oil and Other Harmful Substances.—
Except in case of emergency imperiling life or property, or unavoidable accident, colli-
sion, or stranding, and except as otherwise permitted by regulations prescribed by the
Commandant, Philippine Coast Guard, it shall be unlawful for any person to discharge,
or suffer, or permit the discharge of oil, noxious liquid substances and other harmful
substances, by any method, means or manner into or upon the territorial and inland
waters of the Philippines.
SEC. 6. Penalties for Violations.—Any person who violates Sections 4 or 5 of this
Decree or any regulation prescribed in pursuance thereof, shall be liable to a fine of not
less than P5,000, or by imprisonment not exceeding one year nor less than thirty days,
or both such fine and imprisonment, for each offense. Any vessel from which oil or other
harmful substances are discharged in violation of Sections 4 or 5 or any regulation pre-
scribed in pursuance thereof, shall be liable for the pecuniary penalty specified in this
section, and clearance of such vessel from a port of the Philippines may be withheld
until the penalty is paid, and said penalty shall constitute a lien on such vessel, which
may be recovered in proceedings by libel in rem in a court of first instance within which
the vessel may be.
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SEC. 7. Responsibility and Liability on Oil Spills.—Any ship, tank vessel, tank
barge or any other watercraft which accidentally or otherwise discharged oil or oily
mixture on waters sub-
ject to the jurisdiction
of the Philippines, the
person in charge of the
vessel shall immedi-
ately notify the Philip-
pine Coast Guard,
giving particulars of
the name of the ship
and company, location
of spill, type of oil
spilled, and quantity.
In addition, the wea-
ther, tide, sea condi-
tions and cause of spill
shall be reported. Any
person in charge of a
“The voice of the sea speaks to the soul. The touch of the sea is
vessel who fails to
sensuous, enfolding the body in its soft, close embrace.” — Kate
notify the Coast Guard
Chopin (Y. Lee)
of any oil or oily mix-
ture discharged from his vessel is liable to a fine of P10,000 or imprisonment of not
more than six months but not less than 30 days. The owner or operator of a vessel or
facility which discharged the oil or oily mixture may be liable to pay for any clean-up
costs.
SEC. 8. Rules and Regulations.—The Commandant, Philippine Coast Guard is
authorized and empowered to prescribe rules and regulations in pursuance of the pur-
poses of this Decree, to include but not limited to, vessel design and equipment, oil
transfer procedures, oil transfer operations, communications requirement, supervision
of operations, equipment test and inspection.
SEC. 9. Containment Recovery System.—The Philippine Coast Guard shall de-
velop an adequate capability for containment and recovery of spilled oil for inland wa-
ters and high seas use. An initial amount of two (2) million pesos is hereby appropriated
out of any funds in the National Treasury not otherwise appropriated for the procure-
ment of necessary equipment for this purpose. For the succeeding fiscal years, the ap-
propriation for the development of such capability shall be included in the Philippine
Coast Guard portion of the General Appropriation Decree.
SEC. 10. Repealing Clause.—Any law, rules and regulations inconsistent with
this Decree is hereby repealed or modified accordingly.
SEC. 11. Effectivity.—This Decree shall take effect immediately.
DONE in the City of Manila, this 9th day of December, 1974.
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MARITIME GROUP
Maritime Group (Republic Act 6975)
SECTION 1. Title of the Act.—This Act shall be known as the “Department of

the Interior and Local Government Act of 1990.”
SEC. 2. Declaration of Policy.—It is hereby declared to be the policy of the State
to promote peace and order, ensure public safety and further strengthen local govern-
ment capability aimed towards the effective delivery of the basic services to the citi-
zenry through the establishment of a highly efficient and competent police force that is
national in scope and ci-
vilian in character. To-
wards this end, the State
shall bolster a system of
coordination and coo-
peration among the citi-
zenry, local executives
and the integrated law
enforcement and public
safety agencies created
under this Act.
The police force
shall be organized,
trained and equipped
primarily for the per-
formance of police func-
tions. Its national scope
and civilian character
“We may brave human laws, but we cannot resist natural ones.” shall be paramount. No
— Jules Verne (A. Oposa) element of the police
force shall be military
nor shall any position thereof be occupied by active members of the Armed Forces of the
Philippines.
SEC. 35. Support units.—The PNP shall be supported by administrative and ope-
rational support units. The administrative support units shall consist of the Crime Labo-
ratory, Logistic Unit, Communications Unit, Computer Center, Finance Center and Civil
Security Unit. The operational support units shall be composed of the Maritime Police
Unit, Police Intelligence Unit, Police Security Unit, Criminal Investigation Unit, Special
Action Force, Narcotics units, Aviation Security Unit, Traffic Management Unit, the
Medical and Dental Centers and the Civil Relations Unit. To enhance police operational
efficiency and effectiveness, the Chief of the PNP may constitute such other support units
as may be necessary subject to the approval of the Commission: Provided, That no sup-
port unit headed by a chief superintendent or a higher rank can be created unless pro-
vided by law.
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b. Operational support units—(1) Maritime Police Unit. Headed by a Director

with the rank of chief superintendent, the Maritime Police Unit shall perform all police
functions over Philippine territorial waters and rivers.
SEC. 86. Assumption of the PNP of Police Functions.—The PNP shall absorb the
functions of the PC, the INP, and the Narcotics Command upon the effectivity of this
Act.
All the function of the PAFSECOM and the police function of the Coast Guard
shall be taken over by the PNP when it acquires the capability to perform such func-
tions after the transition period of eighteen (18) months. The personnel of the PAF-
SECOM or the Coast Guard shall, within the transition period, have the option to join
the PNP or remain with the PAFSECOM or the Coast Guard as the case may be.
Approved: December 13, 1990
Unity of Functions
While the Maritime group has greatly expanded police powers, it is sorely under-
funded and ill-equipped. On the other hand, the Coast Guard has more floating assets
and resources, despite more limited functions. It is necessary to consider a memoran-
dum of cooperation whereby the Maritime Group is given access to the resources (espe-
cially the boats) of the Coast Guard while the latter may have access to the additional
manpower of the PNP Maritime Group. After all, it is the same sea both seek to protect.
This issue has been muddled even more by the passage of Republic Act No. 9295
(Sec. 10, No. 8), also known as the act promotive the development of Philippine domes-
tic shipping law. The responsibilities of safety of life at sea and other seaborne functions
were given to the Maritime Industry Authority (MARINA). However, MARINA does not
have the boats and personnel to perform this function. So MARINA is delegating the
function back to the Coast Guard.
A case of poor policy planning by Congress. If ‘pro’ is the opposite of ‘con’, is “pro-
gress” the opposite of “congress”?
Republic Act 9295 expands the jurisdiction and powers of the MARINA.
Maritime Industry Authority (MARINA)

Whereas, the efficient sea transport of raw materials, products, commodities and
people is vital to the growth of the Philippine economy;
Whereas, the functions pertaining to the development and regulation of shipping
enterprises are fragmented among various government agencies, resulting in inade-
quate and inefficient shipping facilities, dependence on external shipping interests,
maldistribution of commodities, and piece-meal solutions;
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MARITIME INDUSTRY AUTHORITY
Whereas, there is imperative need to modernize and expand the Philippine mer-
chant fleet, and to rationalize and improve their operations in order to make them effec-
tive instruments in promoting domestic production, inter-island and overseas trade,
price stabilization, and employment generation;
Whereas, it is urgently necessary to provide a strong organizational framework to
effect the accelerated and integrated development and effective regulation of shipping
enterprises;
the powers vested in me by the Constitution, in order to effect the desired changes and
reforms in the social, economic and political structure of our society, do hereby decree
and order that the following be adopted and made part of the laws of the land:
SECTION 1. Title.—This Decree shall be known as the Maritime Industry De-
cree of 1974.
SEC. 2. Declaration of Policies and Objectives.—It is hereby declared the policy
of the State to accelerate the integrated development of the maritime industry of the
Philippines to attain the following objectives: a. To increase production and productivity
in the various islands and regions of the archipelago through the provision of effective
sea linkage; b. To provide for the economical, safe, adequate and efficient shipment of
raw materials, products, commodities and people; c. To enhance the competitive posi-
tion of Philippine flag vessels in the carriage of foreign trade; d. To strengthen the bal-
ance of payments position by minimizing the outflow of foreign exchange and increasing
dollar earnings; (e) To generate new and more job opportunities.
For the attainment of these objectives, the Government through the Maritime In-
dustry Authority hereinafter created shall:
a. Adopt and implement a practicable and coordinated Maritime Industry Devel-
opment Program which shall include, among others, the early replacement of obsoles-
cent and uneconomic vessels; modernization and expansion of the Philippine merchant
fleet, enhancement of domestic capability for shipbuilding, repair and maintenance; and
the development of reservoir of trained manpower;
b. Provide and help provide the necessary; (i) financial assistance to the industry
through public and private financing institutions and instrumentalities; (ii) technologi-
cal assistance; and (iii) in general, a favorable climate for expansion of domestic and
foreign investments in shipping enterprises; and
c. Provide for the effective supervision, regulation and rationalization of the or-
ganizational management, ownership and operations of all water transport utilities,
and other maritime enterprises.
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REPUBLIC ACT NO. 9295
AN ACT PROMOTING THE DEVELOPMENT OF PHILIPPINE DOMESTIC SHIP-

PING, SHIPBUILDING, SHIP REPAIR AND SHIP BREAKING, ORDAINING
REFORMS IN GOVERNMENT POLICIES TOWARDS SHIPPING IN THE PHIL-
IPPINES AND FOR OTHER PURPOSES
CHAPTER I
GENERAL PROVISIONS
SECTION 1. Short Title.—This Act shall be known as the “Domestic Shipping

Development Act of 2004.”
SEC. 2. Declaration of Policy.—The State recognize that shipping is a necessary
infrastructure, which is vital to the economic development of our country.
The Philippines needs a strong and competitive domestic merchant fleet owned
and controlled by Filippinos or by corporations at least sixty percent (60%) of the capital
of which is owned by Filipinos and manned by qualified Filipino officers and crew which
shall: (a) bridge our islands by ensuring safe, reliable, efficient, adequate and economic
passenger and cargo services; (b) encourage the dispersal of industry and the economic
development of our regional communities by ensuring the availability of regular, reli-
able and efficient shipping services; (c) ensure the growth of exports by providing neces-
sary, competitive and economical domestic as linkage; (d) serve as a naval and military
auxiliary in times of war and other national emergencies; and (e) function as an em-
ployment support base for our Filipino seafarers.
To attain these objectives, it is hereby declared to the policy of the State to: (a)
promote Filipino ownership of vessels operated under the Philippine flag; (b) attract
private capital to invest in the shipping industry by creating a healthy and competitive
investment and operating environment; (c) provide necessary assistance and incentives
for the continued growth of the Philippine domestic merchant marine fleet; (d) encour-
age the improvement and upgrading of the existing domestic merchant marine fleet and
Filipino crew to meet international standards; (e) ensure the continued viability of do-
mestic shipping operations; and (f) encourage the development of a viable shipbuilding
and ship repair industry to support the expansion and modernization of the Philippine
domestic merchant marine fleet and its strict adherence to safety standards which will
ensure the seaworthiness of all sea-borne structures.
SEC. 3. Definition of Terms.—As used in and for purposes of this Act, the follow-
ing terms, whether in singular or plural are hereby defined as follows:
(a) “Domestic shipping” shall mean the transport of passenger or cargo, or both,
by ships duly registered and licensed under Philippine law to engage in trade and com-
merce between Philippine ports and within Philippine territorial or internal waters, for
hire or compensation, with general or limited clientele, whether permanent occasional
618
or incidental, with or without fixed routes, and done for contractual or commercial pur-
poses;
(b) “Domestic trade” shall mean the sale, barter or exchange goods, materials or
products within the Philippines;
(c) “Domestic Ship Operator” or “Domestic Ship Owner” may be used inter-
changeably and shall mean a citizen of the Philippines, or a commercial partnership
wholly owned by Filipinos, or a corporation at least sixty percent (60%) of the capital of
which is owned by Filipinos, which is duly authorized by the Maritime Industry Author-
ity (MARINA) to engage in the business of domestic shipping;
(d) “Shipper” shall mean any person, partnership or corporation who shall pro-
cure for itself the services of a domestic ship operator for the carriage of its cargo in the
domestic trade upon payment of proper compensation;
(e) “MARINA” shall mean the Maritime Industry Authority;
(f) “Ship” or “Vessel” may be used interchangeably and shall mean any kind, class
or type of craft or artificial contrivance capable of floating in water, designed to be used,
or capable of being used as a means of water transport in the domestic trade for the car-
riage of passengers or cargo, or both, utilizing its own motive power or that of another;
(g) “Importation” shall mean the direct purchase, lease or charter of newly con-
structed or previously owned ships, or the purchase of ship’s spare parts from foreign
sources or from registered enterprises operating in special economic zones as this terms
is defined in Republic Act No. 7916 entitled. “The Special Economic Zone Act of 1995.”
(h) “Spare parts” shall mean the replacement parts or components of vessel, in-
cluding but not limited to its hull, engines, machineries, equipment, appurtenances,
necessaries accessories, article, supplies, materials, steelplates, aluminum plates, other
metal plates, communications, equipment, and other parts or components thereof, in-
stalled abroad the ships necessary for its safe and efficient navigation and operation;
(i) “Certificate of Public Convenience” shall mean the license on authority issued
by MARINA to a domestic ship operator to engage in domestic shipping;
(j) “Cargo handling equipment” shall mean any machinery, gear or equipment
used by the ship operator or a duly authorized and licensed port operator to service or
handle cargo, on board the vessel at the port or in the terminal or container yard such
as, but not limited to cranes, forklifts, top lifts, stackers, tractor heads, containers, pal-
let boards and the like, including all spare parts, replacement parts, appurtenances
accessories, articles, supplies and materials thereof;
(k) “Shipbuilding” shall mean the design, construction, launching and outfitting
of all types of ships and watercraft;
(l) “Ship repair” shall mean the overhaul, refurbishment renovation improve-
ment, or alteration of the hull, machineries, equipment, outfits and components of all
types of ships;
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(m) “Shipyard” shall mean the shipbuilding or repair facilities which have the
capability to lift vessels above the waterline in order to effect ship work on vessels,
appendages, structure, machinery and equipment; and
(n) “Shipbuilder” or “Ship repairer” shall mean a citizen of the Philippines, or a
commercial partnership owned by majority of Filipinos or a corporation incorporated
under the laws of the Philippines, the capital of which is owned or controlled in any
proportion by Filipinos or by foreign nationals, or by both such Filipinos or foreign na-
tionals, or by corporations whether Filipino or foreign-owned, which is duly authorized
by the MARINA to engage in the business of shipbuilding or ship repair or to otherwise
operate a shipyard, graving dock or marine repair yard.
CHAPTER II
INVESTMENT INCENTIVES
SEC. 4. Investment Incentives.—To insure the continued viability of domestic

shipping, and to encourage investments in the domestic shipping industry, the following
incentives shall be granted to qualified domestic ship operators:
(a) Exemption from value-added tax on the importation and local purchase of
passenger and/or cargo vessels of one hundred fifty (150) tons and above, including
engine and spare parts of said vessels: Provided, That the vessels to be imported shall
comply with the age limit requirement at the time of acquisition counted from the date
of the vessels, original commissioning, as follows: 1) For passenger and/or cargo vessels,
the age limit is fifteen (15) years old, 2) For tankers, the age limit is ten (10) years old,
and 3) For high-speed passenger crafts, the age limit is five (5) years old; and
(b) Exemption from value-added tax on the importation of life saving equipment,
safety and rescue equipment and communication and navigational safety equipment,
steel plates and other metal plates including marine-grade aluminum plates, used for
transport operations;
The importation of the articles under Section 4(a) and (b) of the Act shall be
granted exemption from value-added tax subject to the following conditions: (1) That
said articles are not manufactured domestically in sufficient quantity, of comparable
quality and at reasonable prices; (2) That said articles are directly impoted by a MA-
RINA-registered domestic shipping operator; (3) That said articles are reasonably-
needed and will be used exclusively by the registered domestic shipping operator in its
transport operations; (4) That the approval of MARINA was obtained prior to the im-
portation of said articles; and (5) That exemption from value-added tax on the importa-
tion of said articles shall be granted to all domestic shipping operators within a period
of ten (10) years from the effectivity of this Act.
Any safe, transfer or disposition of articles covered under Section 4(a) and (b)
within ten (10) years from the effectivity of this Act to another registered shipping op-
erator enjoying similar incentive shall require prior approval of MARINA. If the sale,
620
transfer or disposition was made without prior approval of MARINA, both the vendor
and the transferee or assignee shall be liable to pay twice the amount of value-added
tax exemption given him: Provided, further, That if the sale transfer or disposition was
made to nonexempt entity or to a party other than a registered domestic ship operator
within ten (10) years from the effectivity of this Act, both the vendor and the transferee
or assignee shall be solidarily liable to pay twice the amount of the value-added tax
waived: Provided, finally. That the sale, transfer or disposition made after ten (10)
years from the effectivity of this Act shall be made by informing MARINA in writing.
The purchasers, transferees, or recipients shall be considered the importers thereof,
who shall be liable for any internal revenue tax on such importation. The tax due on
such importation shall constitute a lien on the article itself, and such lien shall be supe-
rior to all charges or liens on the goods, irrespective of the possessor thereof. The Bu-
reau of Internal Revenue (BIR) shall be furnished with notice of actions taken by the
MARINA.
(c) Net operating loss carry over. A net operating loss in any taxable year imme-
diately preceding the current taxable year, which had not been previously offset as a
deduction from gross income shall be carried over for the next three (3) consecutive
taxable years immediately following the year of such loss subject to the pertinent provi-
sions of the National Internal Revenue Code of 1997, as amended.
(d) Accelerated depreciation. Fixed assets may be depreciated as follows:
(i) To the extent of not more than twice as fast as the normal rate of depre-
ciation or depreciated at normal rate of depreciation if the expected life is ten (10)
years or less; or
(ii) Depreciation over any number of years between five (5) years and the
expected life if the latter is more than ten (10) years, and the depreciation thereon
allowed as deduction from taxable income: Provided, That the domestic shipping
operator notifies the BIR at the beginning of the depreciation period which depre-
ciation rate allowed by this section will be used.
CHAPTER III
DEREGULATION OF THE DOMESTIC SHIPPING INDUSTRY-AUTHORITY
OF THE MARITIME INDUSTRY AUTHORITY
SEC. 5. Authority to Operate.—No franchise, certificate or any other form au-

thorization for the carriage of cargo or passenger, or both in the domestic trade, shall be
granted except of domestic ship owners or operators.
SEC. 6. Foreign Vessels Engaged in Trade and Commerce in the Philippines Ter-
ritorial Waters.—No foreign vessels shall be allowed to transport passengers or cargo
between ports or place within the Philippine territorial waters, except upon the grant
Special Permit by the MARINA when no domestic vessels is available or suitable to
provide the needed shipping service and public interest warrants the same.
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SEC. 7. Issuance of Authority to operate.—The MARINA shall have the power

and authority to issue certificates of public convenience to qualified domestic ship op-
erators, taking into consideration the economic and beneficial effect which the proposed
services shall have to the port province or region which it proposes to serve, and the
financial capacity of the domestic ship operator to provide and sustain safe, reliable,
adequate, efficient and economic service in accordance with the standards set by the
government regulation.
Every domestic ship operator shall state in its application the route it proposes to
serve, and the service it proposes to offer. Domestic ship operators who do not intent to
operate in a fixed route shall nevertheless state in its application the service it proposes
to offer.
SEC. 8. Deregulation of the Domestic Shipping Industry.—In order to encourage
investments in the domestic shipping industry by existing domestic ship operators and
attract new investment from new operators and investors, domestic ship operators are
hereby authorized to establish their own domestic shipping rates: Provided, That effec-
tive competition is fostered and public interest is served.
The MARINA shall monitor all shipping operations and exercise regulatory inter-
vention where it is established after due process that public interest needs to be pro-
tected and safeguarded.
SEC. 9. Safety Standards.—All vessels operate by domestic ship operators shall
at all times be in seaworthy condition properly equipped with adequate life-saving,
communication, safety and other equipment operated and maintained in accordance
with the standards set by MARINA, and manned by duly licensed and competent ves-
sel crew.
The MARINA shall have the power to inspect vessels and all equipment on board
to ensure compliance with safety standards.
SEC. 10. Jurisdiction; Power and Duties of MARINA.—The MARINA shall have
the power and authority to:
(1) Register vessels;
(2) Issue certificates of public convenience or any extensions or amendments
thereto, authorizing the operation of all kinds. Classes and types of vessels in domestic
shipping: Provided, That no such certificate shall be valid for a period of more than
twenty-five (25) years;
(3) Modify, suspend or revoke at any time upon notice and hearing, any certifi-
cate, license or accreditation it may have issued to any domestic ship operator;
(4) Establish and prescribe routes, zones or areas of operations of domestic ship
operators;
(5) Require any domestic ship operator to provide shipping services to any coastal
area, island or region in the country where such services are necessary for the develop-
622
ment of the area, to meet emergency sealift requirements, or when public interest so
requires;
(6) Set safely standards for vessels in accordance with applicable conventions and
regulations;
(7) Require all domestic ship operators to comply with operational and safety
standards for vessels set by applicable conventions and regulations, maintain its vessels
in safe and serviceable conditions, meet the standards of safety of life at sea and safe
manning requirements, and furnish safe, adequate, efficient, reliable and proper service
at all times;
(8) Inspect all vessels to ensure and enforce compliance with safely standards
and other regulations;
(9) Ensure that all domestic ship operators shall have the financial capacity to
provid and sustain safe, reliable, efficient and economic passenger or cargo service, or
both;
(10) Determine the impact which any new service shall have to the locality it will
serve;
(11) Adopt and enforce such rules and regulations which will ensure compliance
by every domestic ship operator with required safety standards and other rules and
regulations on vessel safety;
(12) Adopt such rules and regulations which ensure the reasonable stability of
passengers and freight rates and, if necessary, to intervene in order to protect publi
interest;
(13) Hear and adjudicate any complaint made in writing involving any violation
of this law or the rules and regulations of the Authority;
(14) Impose such fines and penalties on, including the revocations of licenses of
any domestic ship operator who shall fall to maintain its vessels in safe and serviceable
condition, or who shall violate or fail to comply with safely regulations;
(15) Investigate any complaint made in writing against any domestic ship opera-
tor, or any shipper, or any group of shippers regarding any matter involving violations
of the provisions of this Act;
(16) Upon notice and hearing, impose such fines, suspend or revoke certificates of
public convenience or other license issued, or otherwise penalize any ship operator,
shipper or group of shippers found violating the provisions of this Act; and
(17) Issued such rules and regulations necessary to implement the provisions of
this Act. Provided, That such rules and regulations cannot change or in any way amend
or be contrary to the intent and purposes of this Act.
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CHAPTER IV
RATES
SEC. 11. Rates.—Every domestic ship operator shall have the right to fix its own
passenger or cargo rates, or both.
SEC. 12. Government Cargo.—Every domestic ship operator shall have the obli-
gation to carry mail on mutually agreed terms and conditions and preferential, negoti-
ated conditions shall be given for the carriage of other government cargo.
SEC. 13. Monopolized Routes.—The MARINA shall have the authority to draw
up such rules and regulations necessary for service in monopolized routes to determine
the fairness of passenger and cargo rates needed to sustain the service taking into con-
sideration the economic and beneficial effect which the service shall have to the port,
province, island or region it proposes to serve, the volume of passengers and cargo
available, the level and quality of service offered by the ship operator, and the available
port facilities and terminal handling services.
CHAPTER V
COMPULSORY INSURANCE COVERAGE
SEC. 14. Compulsory Insurance Coverage for Passenger and Cargo.—To meet its
financial responsibility for any liability which a domestic ship operator may incur for
any breach of the contract of carriage, every domestic ship operator shall be required to
submit annually the following:
(1) Adequate insurance coverage for each passenger in an amount to be computed
in accordance with existing laws, rules and regulations, and the total amount of such
coverage shall be equivalent to the total number of passenger accommodations being
offered by the vessel;
(2) Adequate insurance coverage for cargo in an amount to be computed in accor-
dance with existing laws, rules and regulations, and the total amount of such coverage
shall be equivalent to the total cargo capacity being offered by the vessel; and
(3) If a domestic ship operator should offer both passenger and cargo service,
then the total insurance coverage shall be in the total sum equivalent to that stipulated
in paragraphs (1) and (2) of this section. Provided, That if a domestic ship operator
should operate more than one (1) vessels, the amount of insurance coverage required
under this Section for purposes of providing financial capacity, shall be the amount
equivalent to the total number of passenger accommodations, or total cargo capacity, or
both of the largest operating vessel which the domestic ship operator may have. Pro-
vided, further, That the total insurance coverage which may be required of any domestic
ship operator shall not exceed the value of such vessel: Provided, finally, that adequate
insurance coverage shall be obtained from any duly licensed insurance company or
international protection and indemnity association.
624
SEC. 15. Other Insurance Coverage.—The MARINA shall have the power to re-
quire every ship operator to obtain such other compulsory insurance coverage necessary
to adequately cover claims for damages.
CHAPTER VI
PROHIBITED ACT AND PRACTICES
SEC. 16. Prohibited Acts and Practices of Domestic Ship Operators.—The MA-
RINA shall have the power to impose such fines and penalties against every domestic
ship operator who shall:
(1) Operate without a valid certificate of public convenience, accreditation or
other form of authority required by this Act;
(2) Refuse to accept or carry any passenger or cargo without just cause;
(3) Fail to maintain its vessels in safe and serviceable condition, or violate safety
rules and regulations;
(4) Fail to obtain or mantain adequate insurance coverage;
(5) Fail to meet or maintain safe manning requirements; and
(6) Such other acts which the MARINA shall determine, after due notice and
hearing to be detrimental or prejudice to the safety, stability and integrity of domestic
shipping.
CHAPTER VII
FEE, FINES AND PENALTIES
SEC. 17. Fees.—The MARINA shall have the power to impose, fix, collect and re-
ceive, in accordance with the schedules approved by its Board, such fees necessary for the
licensing, supervision, regulation, inspection, approval and accreditation of domestic ship
operators and the promotion and development of the country’s maritime industry. The
MARINA shall have the power to establish and manage a trust fund for this purpose.
Fees prescribed by the MARINA under this section shall be imposed and collected
in order to recover the cost for rendering the service and shall not be used in order to
impose a penalty on the domestic ship operator. Excessive fees, multiple fees and dupli-
cative fees shall at all times be avoided.
The supervision fee provided in Section 40(e) of Commonwealth Act No. 146 inso-
far as the same applies to the operation, management, control and regulation of vessels,
steamboats, steamship lines, ferries, water craft and the like, is hereby repealed.
SEC. 18. Fines and Penalties.—The MARINA, upon notice and hearing and a
determination of the existence of any breach or violation of the provisions of this Act or
any rules and regulations issued pursuant thereto, shall have the power and authority
to:
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(1) Suspend or revoke any certificate of public convenience, license, permit, ac-
creditation, or other form of authority issued to any domestic ship operator who shall
violate any provision of this Act or any rules and regulations issued pursuant thereto,
or any condition impose on such certificate of public convenience, license, permit or
accreditation;
(2) Impose a fine on a domestic ship operator who shall operate without a valid
certificate of public convenience, license, permit, accreditation or other form of author-
ity;
(3) Impose a fine on a domestic ship operator in an amount to be determined by
the MARINA for refusing to accept, or to carry passengers or cargo, without just cause,
or for engaging in any prejudicial discriminatory or disadvantageous act towards any
class of passengers or shippers;
(4) Impose a fine on any domestic ship operator in an amount to be determined
by the MARINA, or suspend or revoke the certificate of public convenience of such do-
mestic ship operator, or both, who shall fail to meet the standards of such safety or who
refuses to comply with or violates safety regulations imposed by the MARINA or fails to
maintain its vessels in safe and serviceable condition;
by the MARINA, or impose such other penalty, including the revocation of any certifi-
cate or license, who fails to procure or renew insurance policies;
by the MARINA or impose such other penalty, including the revocation of any certifi-
cate or license who fails to meet or maintain safe manning requirements; and
(7) Impose such other fines and penalties the MARINA may deem necessary and
appropriate in order to enforce the provision of this Act.
CHAPTER VIII
SHIPBUILDING
SEC. 19. Shipbuilding and Ship Repair Investment Incentives.—To encourage

investments and to ensure the development of a viable shipbuilding and ship repair
industry, the following incentives are hereby granted.
(a) Exemption from value-added tax on the importation of capital equipment,
machinery, spare parts, life-savings and navigational equipment, steel plates and other
metal plates including marine-grade aluminum plates to be used in the construction,
repair, renovation or alteration or any merchant marine vessel operated or to be oper-
ated in the domestic trade.
The importation of the above articles shall be granted exemption from value-added
tax subject to the following conditions: (1) That said articles are not manufactured do-
mestically in sufficient quantity, of comparable quality and at reasonable prices; (2)
626
That said articles are directly imported by a MARINA-registered shipbuilders and ship
repairer; (3) That said articles are reasonably needed and will be used exclusively by
the registered shipbuilders and ship repairer; (4) That the approval of MARINA was
obtained prior to the importation of said articles; and (5) That shipbuilders and ship
repairers may avail of the exemption from value-added tax provided herein within a
period of ten (10) years from the approval of this Act.
Any sale, transfer or disposition of articles under Section 19(a) within ten (10)
years from the effectivity of this Act to another registered shipbuilder or repairer enjoy-
ing similar incentive shall require prior approval of MARINA. If the sale, transfer or
disposition was made without prior approval of MARINA, both the vendor and the
transferee or assignee shall be liable to pay twice the amount of the value-added tax
exempt given him: Provided, further, That if the sale, transfer or disposition was made
to a nonexempt entity or to a party other than that a registered shipbuilder or repairer
within ten (10) years from the effectivity of this Act, both the vendor and the transferee
or assignee shall be solidarily liable to pay twice the amount of the value-added tax
waived; Provided, finally, That the sale, transfer or disposition made after ten (10)
years from the effectivity of this Act shall be made by informing MARINA in writing.
The purchaser, transferees or recipients shall be considered the Importers thereof, who
shall be liable for any internal revenue tax on such importation. The tax due on such
importation shall constitute a lien on the foods superior to all changes or liens on the
goods, irrespective of the possessor thereof. The BIR shall be furnished with notice of
actions taken by the MARINA.
(b) Net operating loss carry-over. A net operating loss in any taxable year immedi-
ately preceding the current taxable year, which had not been previously offset as a deduc-
tion from gross income shall be carried over as a deduction from gross income for the next
three (3) consecutive taxable years immediately following the year of such loss subject to
the pertinent provisions of the National Internal Revenue Code of 1997, as amended:
(c) Accelerated depreciation. Fixed assets may be depreciated as follow:
(i) To the extent of not more than twice as fast as the normal rate of depre-
ciation or depreciated at normal rate of depreciation if the expected life is ten (10)
years or less; or
(ii) Depreciated over any number of years between five (5) years and the ex-
pected life if the latter is more than ten (10) years, and the depreciation thereon
allowed as deduction from taxable income. Provided, That the registered ship-
builder and ship repairer notifies the BIR at the beginning of the depreciation pe-
riod which depreciation rate allowed by this section will be used.
SEC. 20. Restrictions on Vessel Importation.—Ten (10) years from the effective
date of this Act and every year thereafter, the MARINA shall evaluate and determine
the progressive capability of MARINA-registered shipyards to build and construct new
vessels for the domestic trade.
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In the first year of evaluation, the MARINA shall determine the capability of MA-
RINA-registered shipyards to build new vessels below 500 GRT. If, upon evaluation, the
capability of MARINA-registered shipyards to build classed vessels below 500 GRT in
quantities sufficient to meet domestic demand is proven, then all domestic ship opera-
tors shall be discouraged from importing new or previously owned vessels that are less
than 500 GRT for the domestic trade and vessels built in MARINA-registered shipyards
shall be given priority for entry in the Philippines Registry and allowed to operate in
the domestic trade.
The MARINA shall undertake a yearly evaluation of the progressive capabilities of
all Marina-registered shipyards to build larger classed vessels for the domestic trade in
quantities sufficient to meet the demand of domestic ship owners and shall correspond-
ingly adjust the size of vessels which may be sourced from MARINA-registered ship-
yards.
CHAPTER IX
TRANSITORY PROVISIONS
SEC. 21. Period of Transition.—Upon the approval of this Act existing liner op-
erators shall continue to operate in their route.
SEC. 22. Classification of Vessels in the Domestic Trade.—A vessels, whether
newly built or previously owned, which are acquired or after the effectivity of this Act
shall be classed by a government recognized classification society on the date of acquisi-
tion prior to the operation in the domestic trade.
SEC. 23. Retirement of Old Vessels.—Immediately upon the approved of this
Act, the MARINA shall prepare and implement a mandatory vessel retirement program
for all unclassed vessels that fail to meet the classification standards of a government-
recognized classification society. All vessels which have attained the maximum vessel
age stipulate by MARINA’s mandatory vessel retirement program and which do not
carry a class certificate issued by a government-recognized classification society shall
not be allowed to operate in the domestic trade and shall be automatically de-listed
from the Philippine Registry.
CHAPTER X
FINAL PROVISIONS
SEC. 24. Temporary Take-Over of Operations.—In times of national emergency,

when the public interest so requires, the State may during emergencies and under rea-
sonable terms prescribed by it, temporary take over or direct the operations or any
vessel engaged in domestic trade and commerce, or prescribe its rates or routes of op-
eration. Immediately, upon the cessation of the emergency, the State shall immediately
reinstate to the domestic ship operation of its vessel under the same terms and condi-
tions prior to the occurrence of the emergency.
628
SEC. 25. Separability Clause.—If, for any reason, any section, subsection, sen-
tence, clause or term of this Act is held to be illegal invalid or unconstitutional, such
parts not affected by such declaration shall remain in full force and effect.
SEC. 26. Repealing Clause.—The provisions of Commonwealth Act No. 146. in-
sofar as the same applies to the operation, management control and regulation of ves-
sels, steamboats, steamships, lines, ferries, water craft and the like, as well as the pro-
visions of Presidential Decree No. 474, Executive Order Nos. 125 and 125-A, and such
other laws, presidential decrees, executive orders, issuances, rules and regulations or
parts thereof, which are inconsistent with the provisions of this Act are hereby re-
pealed, amended or modified accordingly.
SEC. 27. Effectivity.—This Act shall take effect after fifteen (15) days following
its publication in at least two (2) newspapers of general circulation.
Sea – Fever
I must go down to the seas again, to the lonely sea and sky,
And all I ask is a tall ship and a star to steer her by,
And the wheel’s kick and the wind’s song and the white sail’s shaking,
And a grey mist on the sea’s face, and a grey dawn breaking.
I must go down to the seas again, for the call of the running tide
Is a wild call and a clear call that may not be denied;
And all I ask is a windy day with the white clouds flying,
And the flung spray and the blown spume, and the sea-gulls crying.
I must go down to the seas again to the vagrant and gypsy life.
To the gull’s way and the whale’s way where the wind’s like a whetted knife;
And all ask is a merry yarn from a laughing fellow-rover,
Quiet sleep and a sweet dream when the long trick is over.
— John Masefield
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WATER
Fresh Water
Water
“Dear Water, clear water, playful in all your streams …”
Next to Air, water is the important element of all life. They are found in the sur-
face—on the sea and on lakes and rivers, and underground, in underground lakes and
water wells called aquifers.
Man is a strange animal. He is the only animal that dirties the very water he
drinks. Not even snakes, wild boar, monkeys, and other wild animals do that. For all of
his pretensions to being civilized
notwithstanding, much needs to be done
for the human habits of good manners
and right conduct to at least make it as
good as, if not better, than that of
snakes, wild boar, and monkeys.
The sight of water is also a wonder
to behold. Great cities of the world al-
ways have some body of water to be iden-
tified with, and be proud of. There is the
San Francisco Bay, the Sydney Harbor,
the River Thames of London, the Charles
River of Boston, etc.
A body of water is also food for the
spirit. It is in the splendor in the sight of
water, and to be beside it, that touches
every heart and spirit like no other.
“. . . . in the arms of his Mother”
Element of Life
The second most important ele-
ment of life after air is water. It is also
the most abused.
“Thousands have lived without love, not one
Water comes in two kinds—sea without water.”—W.H. Auden (A. Oposa)
water and fresh water. Water in its
entirety makes up about ¾ of the surface area of the Earth. The rest is land.
If we likened all the water in the world to 100 drops of water in the world, 97
drops are made up of salty water, and the remaining three drops is made of fresh water.
Of the remaining three drops of fresh water, two are locked in glaciers and underneath
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FRESH WATER
the ground, the so-called aquifers, and only one drop is what we find on the surface,
circulating in the atmosphere as rain or snow (precipitation) and flowing through the
rivers and streams.
The Value of Water
The whole point of this discussion on how much freshwater there is in the atmos-
phere is that it is very
limited. As we know, it
is the source of life.
Without food, we can
last for weeks, but
without water, after 72
hours, the organs,
especially the kidneys,
begin to falter and fail.
Yet, because we
are either not aware of
how limited are the
sources of fresh water
we tend to misuse, and
often abuse it. Note for
example: We use pota-
ble fresh water to not
only to wash things
(like our motor vehi-
th
cles), in the 20 cen-
“Anyone who can solve the problems of water will be worthy of two
tury, we even use pota-
Nobel prizes—one for peace and one for science.”—John Kennedy
ble fresh water to flush
(M. Velas) down human wastes.
Worse, we even dirty
the very water that we drink with our human-generated wastes–from our houses (in the
form of domestic sewage) and from our factories (in the form of industrial pollution).
Truly, this is a very unusual trait of humankind. Among all the animals in the animal
kingdom, we, supposedly wise creatures, are the only animals that dirty the very water
that we drink.
And then there is our treatment of our waterways and seashores. It is said that
‘water seeks its own level.’ What does that mean?
It only means that water will find a way to penetrate spaces where it can. If a
space that was once filled with water will be filled up with land, the water displaced
will seek some space elsewhere.
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WATER
This is a basic law of nature, a law of physics. Why is this important to under-
stand? Because if we violate it, there is no right or wrong, there are no rewards nor
punishments … there are only consequences. If we displace water from a certain place,
like a river banks, by filling it up, it will seek other places to fill up. And if we fill up low
lying areas, so-called
‘flood prone’ areas, let
us not complain that
there is flooding. It is
simple the Law of
Nature!
Moving Waters
The movement of
water is also very dy-
namic. The movement
of water follows more
or less a regular pat-
tern, the ‘mean’ flood
(for rivers and water-
ways) and the mean
tide (for seashores).
But there are times of
unusual movement of
water. In the water-
ways, there are times “We ourselves feel that what we are doing is just a drop in the ocean.
when there is an un- But the ocean would be less because of that missing drop.”—
usually heavy down- Mother Teresa of Calcutta (A. Oposa)
pour of rain (or snow) which then causes the flooding of riverbanks and the tributaries
and the mouth of the waterways.
When structures are erected by mindless humans right on the riverbanks too close
to the water, the risk of flooding is ever present. That is why these are called ‘flood-
prone areas’. These places should never be built up with human settlements and struc-
tures. If such flood-prone areas are built up with structures by humans, and they ex-
perience flooding, is it the fault of water?
Open Shoreline
In the case of the seashore, there must be a wide margin of the beach that must be
kept open and free at all times. The reasons are many. One is for safety. If humans
build there homes too close to the sea, they risk destruction and death during sudden
storm surges or typhoons when large waves hit the shore. Second is for recreation. The
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FRESH WATER
seashore is a primary place of recreation for everyone – for the public in general. It is
on the beach and beside that sea where man seeks to return and communes with
Mother Nature. After all, hundreds of millions of years ago, did all life not come from
the womb of Mother Sea? Thus, the law reserves the seashore and the beaches as ‘land
of public domain’ for everyone to enjoy. Besides, there is nothing more beautiful to
behold than the sight of an open beach and the grand vista of the Sea.
As such, therefore, it should never be the subject of any private land title. For
special public uses (such as ports), the State, as trustee of the people, may grant a tem-
porary permit. This comes in the form of ‘foreshore lease agreement’ or some such in-
strument of tenure or occupation.
Seashore and Foreshore
Incidentally, one must understand the difference between seashore and foreshore.
Seashore is the generally dry land -- the beach, so to speak – starting from the edge of the
water landward. On the other hand, ‘foreshore’ refers to the land underneath the sea that
is submerged (or covered with water) during high tide and exposed (and becomes rela-
tively dry land) during low tide. They are also sometimes known as tidal flats.
And then there is a third reason for keeping the beaches open: It is reserved for
access of fishermen. Especially in such bountiful seas as the Philippines, one can just go
fishing from the seashore. In an island in the Visayan Sea, people still talk of the time
for example, only about 30 years ago, when they would go to the foreshore areas not
with hook and line, nor with nets, but with a BASKET to simply scoop out dozens of fish
(especially the delicious danggit or rabbit fish), from the tidal pools.
And then there is a fourth reason: This margin of land along the seashore is re-
served for navigational use. There are times when a boat may be in distress and must
seek immediate shelter on land. And even if a boat is not in distress, small boats cannot
be placed on water the whole year round and must be kept dry (temporary dry-docked)
especially when it is not in use or when the waves are strong and it is unsafe to leave
the boat in the water.
In Law is this called ‘land of public domain.’ It means that this land is not capable
of being owned by any private person for exclusive and private use. In a larger sense, it
is like the road – it is for use by everyone and not just by any private individual. It can-
not be titled to any private individual. And even if it is so titled, this area must be kept
open and free for the use by everyone. That is why the Law reserves this area as an
easement zone.
Boracay: An Island of Beauty and Abuse
And then there is the consideration of sanitation, health and hygiene. When hu-
man settlements are built too closely to the waters of the sea or river, the human waste
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WATER
water (sewage) and other human-generated refuse are likely to seep or be thrown into
the body of water. Septic tanks of houses, wherever there are any, eventually leak out
through the ground and seep into the sea. In the mid-1990s, the world-famous beaches
of Boracay was discovered to contain the coliform bacteria. In a recently-concluded
study (2005) by the University of the Philippines, this pollution still goes on in some
parts the island.
The environmental experience of Boracay is a perfect example of rampant, uncon-
trolled, and mindless development very close to the shore without the proper environ-
mental safeguards. The lack of proper sewage and solid waste disposal systems, the
absence of land use and zoning controls, and an unhealthy obsession for money by both
the local government and the private sector have resulted in the present sad state of
Boracay—a typical scenario of mindless over-development and crass commercialism.
Eventually, all these factors result in degrading or totally destroying the very
qualities (and reason) why people come to visit the island. After all, who would want to
go to crowded beaches only to swim in waters with e.coli bacteria.
Yet, other local governments—(such as those in Bantayan Island, Moalboal,
Anilao, Puerto Galera, and almost everywhere else), places which also have nice
beaches and bountiful seas—are falling into the same abyss of unplanned and dim-
witted development. Sad.
The Law on Easements
We go through a lengthy discussion of the reasons for the Law to set the stage for
everyone to understand why this area, this margin of land on the riverbank and on the
seashore, must be kept open and free at all times—for recreation, navigation, salvage
and ‘floatage’. It also makes us understand the reason behind the law (in Latin, it is
called the ratio legis) why the Law provides that:
“The banks of rivers and streams and the shores of the seas and lakesthroughout their
entire length and within a zone of 3 meters in urban areas, 20 meters in agricultural areas,
and 40 meters in forest (or protected) areas, along their margins are subject to the easement
zone of public use in the in-terest of recreation, navigation, floatage, fishing and salvage. No
person shall stay in this zone longer than what is necessary for recreation, navigation,
floatage, fishing, or salvage or to build structures of any kind.” (Section 51, Pres. Decree
1067, The Water Code; See also Section 16 of Pres. Decree 705, The Forestry Code, for the
definition of ‘forest land’ which cannot be the subject of occupation and unlawful construc-
tion).
The Law is so protective of this margin of land, this ‘easement zone of recreation
and navigation’ that the act of building structures of any kind and “occupancy of a
riverbank or seashore without permission” is penalized with a fine and/or 3 to 6 years of
imprisonment (Section 91-B, Water Code).
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FRESH WATER
Sadly, however, for a beautiful island nation like the Philippines, surrounded by the
richest body of marine waters on Earth—with a coastal zone three times longer than that
of the United States—this Law languishes in the sickbed of non-compliance. Private
structures are built right on the seashore by ignorant or unscrupulous or downright
greedy individuals dep-
riving the public access
to the easement zone
specially reserved by
Law to recreation, navi-
gation, etc. Some, no
many, individuals are
even so brazen as to
construct right on the
water itself, filling up
the riverbed or the tidal
flat or foreshore itself,
and blocking the pas-
sage of people through
the beach or even
through the sea. To
‘walk’ along the sea-
shore and get from one
point to another, one
would have to swim. “We think of our land and water and human resources not as static
and sterile possessions but as lifegiving assets to be directed by wise
Political Will provisions for future days.”—Franklin D. Roosevelt (A. Oposa)
And pray tell:
Why do Government Officials, especially Local Government Officials, especially the
Mayors, allow this? Is it out of sheer and gross ignorance of the Law? Is it out of apathy
to the benefit and welfare of the general public? Is it out of inexcusable negligence and
unlawful tolerance of a criminal conduct? Or it is also because of confusion of who (or
which government agency) has jurisdiction over riverbanks and seashores?
The answer is: All of the above.
There are a few things that need to be recalled for better clarity:
1. The seashore/riverbank is land of public domain and is not subject to private
use.
2. Even if the land has been erroneously titled, it is subject to the easement of
public recreation, navigation, fishing, floatage and salvage and must therefore
be kept open and free for public access.
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WATER
3. This area is like a road—it is for public use. Any structure built on this area is
a public nuisance for being an obstruction of the passageway of the human
public to the sea (or to the river) or an obstruction of the way of the water. To
recall, any interference in the waterway results in the undesirable conse-
quence of flooding.
4. As a public nuisance, the primary responsibility for its abatement, removal, or
demolition rests with the local government unit. It is similar in character to
an obstruction of the road. If the Mayor wakes up tomorrow morning and sees
a shanty built in the middle of the road, he would have no second thoughts
about ordering its immediate removal. So too must seashores and riverbanks
be treated and cleared when there are obstructions and structures are built on
these areas reserved for public use. Marikina City was able to clear its river
banks, cleared its seashores. There is no reason why other local government
should not.
5. The Water Code sets the minimum standards—3 meters for urban, 20 meters
for agricultural areas, and 40 meters for forest or protected areas. Local gov-
ernments, taking into consideration its local conditions and circumstances are
free to expand the areas. In Metro Manila, for example, while urban in charac-
ter (the minimum easement of which is only 3 meters), the former Metro Ma-
nila Commission enacted a local ordinance establishing an easement zone of 10
meters along the Pasig River. Not only is this legally correct, it is also
highly commendable. Unfortunately, like many laws in the Philippines, this
has not been implemented.
6. However, riparian local government units have not had the political will to
implement this ordinance.
7. As local chief executive—the Punong Barangay (also called the Bgy. Chairman
or Captain) and the Mayor – have all the legal power and to remove and de-
molish the structures on the beaches. He/She can draw authority from the
following legal provisions:
a. General Provisions for the LGU:
— “Local government units shall share with the national government the re-
sponsibility (for) the maintenance of ecological balance within their territorial
jurisdiction” [Sec. 3 (i)]
— General Welfare Clause: “Every local government shall exercise powers ex-
pressly granted, necessarily implied, and those essential to the promotion of the
general welfare“ (Section 16).
b. For the Barangay Captain, and as the local chief executive, he is empowered
to execute all laws; particularly to “enforce laws and regulations (on) environmental
protection“ [Section 389 (b)(9)].
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FRESH WATER
c. For the City and Municipal Mayor:

— General police powers of the LGU and the chief executive to implement and
enforce all national and local laws and “exercise such duties and functions pro-
vided by the (Local Government) Code and other laws.” [Sec. 444 (a)].
— Adopt adequate measures to safeguard and conserve land … marine … and
forest resources [Sec. 444 (3)(vii). Similar provisions are also found in the appro-
priate section on the powers of the City Mayor].
d. For the Sangguniang Bayan (SB):
— Approve ordinances and pass resolutions necessary (to) … “Protect the envi-
ronment … and impose appropriate penalties for acts which endanger the envi-
ronment and activities which result in … ecological imbalance.” [Sec. 447
(a)(1)(vi)].
— “Prescribe reasonable limits and restraints on the use of property” [Sec. 447
(a)(2)(vi)]
— “Adopt a comprehensive land use plan for the municipality and enact inte-
grated zoning ordinances …” ([Sec. 447 (a)(2)(ix)]
— Incidentally, the local government, particularly the SB (or Sangguniang
Panlungsod) is also mandated to “provide for the establishment of communal for
ests, watershed, tree parks, greenbelts, mangroves, and other similar forest devel-
opment projects” [Sec. 447 (a)(5)(i)]. It is also duty-bound to “protect the purity and
quantity of the water supply of the municipality… and extend the coverage of the
appropriate ordinances over all territory within the drainage area of said water
supply and within one hundred meters … of the watershed” [Sec. 447 (a)(2)(vii)].
Man in the Wrong Place
We again go through great lengths to explain the reason behind the law and the
legal provisions in the LGUs arsenal of authority if only for the hope that this law is
understood by all concerned, especially by the local officials. For an island nation like
the Philippines, the beaches, marine waters, and coastal zones are our greatest wealth.
Unless we understand that, appreciate it, and give it the value that it deserves, we will
continue to despoil the priceless wealth that we hold in our hands. When we continue
to build human settlements in wetlands and ‘flood-prone areas’ — like in Manila, Mala-
bon, Navotas, Iloilo, etc.—we will always have floods. One does not need to know rocket
science to understand that.
Flooding is not water in the wrong place. Water was there long before men came
along. Flooding is man in the wrong place.
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CLEAN WATER ACT (Republic Act 9275)
Chapter 1
General Provisions
Article 1
Declaration of Principles and Policies
SECTION 1. Short
Title.—This Act shall be known
as the “Philippine Clean Water
Act of 2004.”
Policy.—The State shall pursue
a policy of economic growth in a
manner consistent with the pro-
tection, preservation and revival
of the quality of our fresh,
brackish and marine waters. To
achieve this end, the framework
for sustainable development
shall be pursued. As such, it
shall be the policy of the State:
a. To streamline proc-
esses and procedures in the
prevention, control and
abatement of pollution of the “Nature’s law affirm instead of prohibit. If you violate
country’s water resources; her laws, you are your own prosecuting attorney, judge,
jury, and hangman.”— Luther Burbank
b. To promote
(T. Cayton)
environmental strategies, use of
appropriate economic instruments and of control mechanisms for the protection of wa-
ter resources;
c. To formulate a holistic national program of water quality management that
recognizes that water quality management issues cannot be separated from concerns
about water sources and ecological protection, water supply, public health and quality
of life;
d. To formulate an integrated water quality management framework through
proper delegation and effective coordination of functions and activities;
e. promote commercial and industrial processes and products that are environ-
ment friendly and energy efficient;
638
CLEAN WATER ACT
f. To encourage cooperation and self-regulation among citizens and industries

through the application of incentives and market-based instruments and to promote the
role of private industrial enterprises in shaping its regulatory profile within the accept-
able boundaries of public health and environment;
g. To provide for a comprehensive management program for water pollution fo-
cusing on pollution prevention;
h. To promote public information and education and to encourage the participa-
tion of an informed and active public in water quality management and monitoring;
i. To formulate and enforce a system of accountability for short and long-term
adverse environmental impact of a project, program or activity; and
j. To encourage civil society and other sectors, particularly labor, the academe
and business undertaking environment-related activities in their efforts to organize,
educate and motivate the people in addressing pertinent environmental issues and
problems at the local and national levels.
SEC. 3. Coverage of the Act.—This Act shall apply to water quality management
in all water bodies: Provided, That it shall primarily apply to the abatement and control
of pollution from land based sources: Provided, further, That the water quality stan-
dards and regulations and the civil liability and penal provisions under this Act shall be
enforced irrespective of sources of pollution.
Article 2
Definition of Terms
SEC. 4. Definition of Terms.—As used in this Act:

a. Aquifer—means a layer of water-bearing rock located underground that
transmits water in sufficient quantity to supply pumping wells or natural springs.
b. Aquatic life—means all organisms living in freshwater, brackish and marine
environment.
c. Beneficial use—means the use of the environment or any element or segment
thereof conducive to public or private welfare, safety and health; and shall include, but
not be limited to, the use of water for domestic, municipal, irrigation, power generation,
fisheries, livestock raising, industrial, recreational and other purposes.
1. Use of water for domestic purposes—means the utilization of water for
drinking, washing, bathing, cooking or other household needs, home gardens and
watering of lawns or domestic animals;
2. Use of water for municipal purposes—means the utilization of water for
supplying water requirements of the community;
3. Use of water for irrigation—means the utilization of water for producing
agricultural crops;
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WATER
4. Use of water for power generation—means the utilization of water for

producing electrical or mechanical power;
5. Use of water for fisheries—means the utilization of water for the propaga-
tion of culture of fish as a commercial enterprise;
6. Use of water for livestock raising—means the utilization of water for large
herds or flocks of animals raised as a commercial enterprise;
7. Use of water for industrial purposes—means the utilization of water in
factories, industrial plants and mines, including the use of water as an ingredient
of a finished product; and
8. Use of water for recreational purposes—means the utilization of water for
swimming pools, bath houses, boating, water skiing, golf courses and other similar
facilities in resorts and other places of recreation.
d. Classification/Reclassification of Philippine Waters—means the categorization
of all water bodies taking into account, among others, the following: (1) existing quality
of the body of water; (2) size, depth, surface area covered, volume, direction, rate of flow
and gradient of stream; (3) most beneficial existing and future use of said bodies of
water and lands bordering them, such as for residential, agricultural, aquacultural,
commercial, industrial, navigational, recreational, wildlife conservation and aesthetic
purposes; and (4) vulnerability of surface and groundwater to contamination from pol-
lutive and hazardous wastes, agricultural chemicals and underground storage tanks of
petroleum products.
e. Civil Society—means non-government organizations (NGOs) and people’s or-
ganizations (POs).
f. Cleaner Production—means the application of an integrated, preventive envi-
ronmental strategy to processes, products, services to increase efficiency and reduce
risk to humans and the environment;
g. Clean-up operations—means activities involving the removal of pollutants dis-
charged or spilled into a water body and its surrounding areas, and the restoration of
the affected areas to their former physical, chemical and biological state or conditions.
h. Contamination—means the production of substances not found in the natural
composition of water that make the water less desirable or unfit desirable or unfit for
intended use.
i. Department—means the Department of Environment and Natural Resources.
j. Discharge—includes, but is not limited to, the act of spilling, leaking, pump-
ing, pouring, emitting, emptying, releasing or dumping of any material into a water
body or onto land from which it might flow or drain into said water.
k. Drinking water—means water intended for human consumption or for use in
food preparation.
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CLEAN WATER ACT
l. Dumping - means any unauthorized or illegal disposal into any body of water
or land of wastes or toxic or hazardous material: Provided, That it does not mean a
release of effluent coming from commercial, industrial, and domestic sources which are
within the effluent standards.
m. Effluent—means discharge from known sources which is passed into a body of
water or land, or wastewater flowing out of a manufacturing plant, industrial plant
including domestic, commercial and recreational facilities.
n. Effluent standard—means any legal restriction or limitation on quantities,
rates, and/or concentrations or any combination thereof, of physical, chemical or biologi-
cal parameters of effluent which a person or point source is allowed to discharge into a
body of water or land.
o. Environmental management—means the entire system which includes, but is
not limited to, conservation, regulation and minimization of pollution, clean production,
waste management, environmental law and policy, environmental education and infor-
mation, study and mitigation of the environmental impacts of human activity, and envi-
ronmental research.
p. Environmental management system—means the part of the overall manage-
ment system that includes organizational structure, planning activities, responsibili-
ties, practices, procedures, processes and resources for developing, implementing,
achieving, reviewing and maintaining the environment policy.
q. Freshwater—means water containing less than 500 ppm dissolved common
salt, sodium chloride, such as that in groundwater, rivers, ponds and lakes.
r. Groundwater—means a subsurface water that occurs beneath a water table in
soils and rocks, or in geological formations.
s. Groundwater vulnerability—means relative ease with which a contaminant lo-
cated at or near the land surface can migrate to the aquifer or deep well.
t. Groundwater vulnerability map—means the identified areas of the land sur-
face where groundwater quality is most at risk from human activities and shall reflect
the different degrees of groundwater vulnerability based on a range of soil properties
and hydro geological criteria to serve as guide in the protection of the groundwater from
contamination.
u. Hazardous waste—means any waste or combination of wastes of solid liquid,
contained gaseous, or semi-solid form which cause, of contribute to, an increase in mor-
tality or an increase in serious irreversible, or incapacitating reversible illness, taking
into account toxicity of such waste, its persistence and degradability in nature, its po-
tential for accumulation or concentration in tissue, and other factors that may other-
wise cause or contribute to adverse acute or chronic effects on the health of persons or
organism.
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WATER
v. Industrial waste—means any solid, semi-solid or liquid waste material with no

commercial value released by a manufacturing or processing plant other than excluded
material.
w. Integrated Water Quality Management Framework—means the policy guide-
line integrating all the existing frameworks prepared by all government agencies con-
tain the following; water quality goals and targets; (b) period of compliance; (c) water
pollution control strategies and techniques; (d) water quality information and education
program; (e) human resources development program.
x. Margin—means a landward and outer limiting edge adjacent to the border of
any water bodies or a limit beyond where beyond where saturation zone ceases to exist.
y. National Water Quality Status Report—means a report to be prepared by the
Department indicating: a) the location of water bodies, their quality, taking into ac-
count seasonal, tidal and others variations, existing and potential uses and sources of
pollution per specific pollutant and pollution load assessment; b) water quality man-
agement areas pursuant to Section 5 of this Act; c) and water classification.
z. Non-point source—means any source of pollution not identifiable as point
source to include, but not be limited to, runoff from irrigation or rainwater, which picks
up pollutants from farms and urban areas.
aa. Point source—means any identifiable source of pollution with specific point of
discharge into a particular water body.
bb. Pollutant—shall refer to any substance, whether solid, liquid, gaseous or ra-
dioactive, which directly or indirectly:
(i) alters the quality of any segment of the receiving water body to affect or
tend to affect adversely any beneficial use thereof;
(ii) is hazardous or potential hazardous to health;
imparts objectionable odor, temperature change, or physical, chemical or bio-
logical change to any segment of the water body; or is in excess of the allowable
limits, concentrations, or quality standards specified, or in contravention of the
condition, limitation or restriction prescribed in this Act.
cc. Pollution control technology—means pollution control devices or apparatus,
processes, or other means that effectively prevent control or reduce pollution of water
caused by effluents and other discharges, from any point source at levels within the
water pollution standards.
dd. Potentially infectious medical waste—include isolation wastes, infectious
agents, human blood and blood products, pathological wastes, sharps, body parts, con-
taminated bedding, surgical wastes, and other disposable medical equipment and mate-
rial that may pose a risk to the public health, welfare or the marine environment.
ee. Secretary—means the Secretary of the Department of Environmental and
Natural Resources (DENR).
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CLEAN WATER ACT
ff. Septage—means the sludge produced on individual onsite wastewater dis-

posal systems, principally septic tanks and cesspools.
gg. Sewage—means water-borne human or animal wastes, excluding oil or oil
wastes, removed from residences, building, institutions, industrial and commercial
establishments together with such groundwater, surface water and storm water as
maybe present including such waste from vessels, offshore structures, other receptacles
intended to receive or retain waste or other places or the combination thereof.
“Throughout the history of literature, the guy who poisons the well has been the worst of
all villains..”—Author unknown (T. Cayton)
hh. Sewerage—includes, but is not limited to, any system or network of pipelines,
ditches, channels, or conduits including pumping stations, lift stations and force mains,
service connections including other constructions, devices, and appliances appurtenant
thereto, which includes the collection, transport, pumping and treatment of sewage to a
point of disposal.
ii. Sludge—means any solid, semi-solid or liquid waste or residue generated
from a wastewater treatment plant, water supply treatment plant, or water control
pollution facility, or any other such waste having similar characteristics and effects.
jj. Surface water—means all water, which is open to the atmosphere and subject
to surface runoff.
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kk. Treatment—means any method, technique, or process designed to alter the

physical, chemical or biological and radiological character or composition of any waste
or wastewater to reduce or prevent pollution.
ll. Toxic amount—means the lowest amount of concentration of toxic pollutants,
which may cause chronic or long-term acute or lethal conditions or effects to the aquatic
life, or health of persons or which may adversely affect designated water uses.
mm. Waste—means any material either solid, liquid, semisolid, contained gas or
other forms resulting industrial, commercial, mining or agricultural operations, or from
community and household activities that is devoid of usage and discarded.
nn. Wastewater—means waste in liquid state containing pollutants.
oo. Water body—means both natural and man-made bodies of fresh, brackish,
and saline waters, and includes, but is not limited to, aquifers, groundwater, springs,
creeks, streams, rivers, ponds, lagoons, water reservoirs, lakes, bays, estuarine, coastal
and marine waters. Water bodies do not refer to those constructed, developed and used
purposely as water treatment facilities and / or water storage for recycling and re-use
which are integral to process industry or manufacturing.
pp. 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.
qq. Water Quality—means the characteristics of water, which define its use in
characteristics by terms of physical, chemical, biological, bacteriological or radiological
characteristics by which the acceptability of water is evaluated.
rr. Water quality guidelines—means the level for a water constituent or numeri-
cal values of physical, chemical, biological and bacteriological or radiological parameters
which are used to classify water resources and their use, which does not result in sig-
nificant health risk and which are not intended for direct enforcement but only for wa-
ter quality management purposes, such as determining time trends, evaluating stages
of deterioration or enhancement of the water quality, and as basis for taking positive
action in preventing, controlling or abating water pollution.
ss. Water Quality Management Area Action Plan—includes, but not be limited to,
the following: (a) goals and targets including sewerage or septage program, (b) schedule
of compliance to meet the applicable requirements of this Act; (c) water pollution control
strategies or techniques; (d) water quality information and education program; e) re-
source requirement and possible sources; f) enforcement procedures of the plan and (g)
rewards and incentives under Chapter 4 of this Act.
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CLEAN WATER ACT
Chapter 2
Water Quality Management System
Article 1
General Provisions
SEC. 5. Water Quality Management Area.—The Department, in coordination

with National Water Resources Board (NWRB), shall designate certain areas as water
quality management areas using appropriate physiographic units such as watershed,
river basins or water resources regions. Said management areas shall have similar
hydrological, hydrogeological, meteorological or geographic conditions which affect the
physicochemical, biological and bacteriological reactions and diffusions of pollutants in
the water bodies, or otherwise share common interest or face similar development pro-
grams, prospects or problems.
Said management area shall be governed by a governing board composed of repre-
sentatives of mayors and governors of member local government units (LGUs), and
representatives of relevant national government agencies, duly registered non-
governmental organization, water utility sector, and business sector. The Department
representative shall chair the governing board. In the case of the LGUs with member-
ships on more than one (1) management board, the LGU shall designate only one (1)
single representative for all the management areas wherein is a member.
The governing board shall formulate strategies to coordinate policies necessary for
the effective implementation of this Act in accordance with those established in the
framework and monitor the compliance with the action plan.
Each management area shall create a multi-sectoral group to establish and affect
water quality surveillance and monitoring network including sampling schedules and
other similar activities. The group shall submit its report and recommendation to the
chairman of the governing board.
A technical secretariat for each management area is hereby created which shall be
part of the department and shall provide technical support to the governing board. They
shall be composed of at least four (4) members who shall have the following minimum
qualifications:
a. One (1) member shall be a member of the Philippines Bar;
b. One (1) member shall be a Chemical Engineer, Chemist, Sanitary Engineer,
Environmental Engineer or Ecologist or significant training and experience in chemis-
try;
c. One (1) member shall be a Civil Engineer or Hydrologist or Significant train-
ing and experience in closely related fields and experience on ground water, respec-
tively; and
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WATER
d. One (1) member shall be a Geologist, Biologist, or significant training and ex-
perience in closely related fields.
The areas within the jurisdiction of the Laguna Lake Development Authority
(LLDA) shall be designated as one management area under the administration of LLDA
in accordance with R.A. No. 4850, as amended: Provided, However, That the standards
promulgated pursuant to this Act and wastewater charge system established pursuant
hereof shall be enforced in said area.
SEC. 6. Management of Non-attainment Areas.—The Department shall desig-
nate water bodies, or portions thereof, where specific pollutants from either natural or
man-made source have already exceeded water quality guidelines as non-attainment
areas for the exceeded pollutants. It shall prepare and implement a program that will
not allow new sources of exceeded water pollutant in non-attainment areas without a
corresponding reduction in discharges from existing sources; Provided, That if the pol-
lutant is naturally occurring, e.g. naturally high boron and other elements in geother-
mal areas, discharge of such pollutant may be allowed: Provided, further, That the
effluent concentration of discharge shall not exceed the naturally occurring level of such
pollutant in the area: Provided, Finally, That the effluent concentration and volume of
discharge shall not adversely affect water supply, public health and ecological protec-
tion.
The Department shall, in coordination with NWRB, Department of Health (DOH),
Department of Agriculture (DA), governing board and other concerned government
agencies and private sectors shall take such measures as may be necessary to upgrade
the quality of such water in non-attainment areas to meet the standards under which it
has been classified.
Upgrading of water quality shall likewise include undertakings, which shall im-
prove the water quality of a water body to a classification that will meet its projected or
potential use.
The LGUs shall prepare and implement contingency plans and other measures in-
cluding relocation, whenever necessary, for the protection of health and welfare of the
residents within potentially affected areas.
SEC. 7. National Sewerage and Septage Management Program.—The Depart-
ment of Public Works and Highways (DPWH), through its relevant attached agencies,
in coordination with the Department, local government units (LGUs) and other con-
cerned agencies, shall, as soon as possible, but in no case exceeding a period of twelve
(12) months from the affectivity of this Act, prepare a national program on sewerage
and septage management in connection with Section 8 hereof.
Such program shall include a priority listing of sewerage, septage and combined
sewerage-septage projects for LGUs based on population density and growth, degrada-
tion of water resources, topography, geology, vegetation, program/projects for the reha-
bilitation of existing facilities and such other factors that the Secretary may deem rele-
vant to the protection of water quality. On the basis of such national listing, the na-
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CLEAN WATER ACT
tional government may allot, on an annual basis, funds for the construction and reha-
bilitation of required facilities.
Each LGU shall appropriate the necessary land, including the required rights-of-
way/road access to the land for the construction of the sewage and/or septage treatment
facilities.
Each LGU may raise funds to subsidize necessary expenses for the operation and
maintenance of sewerage treatment or septage facility servicing their area of jurisdic-
tion through local property taxes and enforcement of a service fee system.
SEC. 8. Domestic Sewage Collection, Treatment and Disposal.—Within five (5)
years following the effectivity of this Act, the Agency vested to provide water supply and
sewerage facilities and/or concessionaires in Metro Manila and other highly urbanized
cities (HUCs) as defined in Republic Act No. 7160, in coordination with LGUs, shall be
required to connect the existing sewage line found in all subdivisions, condominiums,
commercial centers, hotels, sports and recreational facilities, hospitals, market places,
public buildings, industrial complex and other similar establishments including house-
holds to available sewerage system. Provided, That the said connection shall be subject
to sewerage services charge/fees in accordance with existing laws, rules or regulations
unless the sources had already utilized their own sewerage system: Provided, further,
That all sources of sewage and septage shall comply with the requirements herein.
In areas not con-
sidered as HUCs, the
DPWH in coordination
with the Department,
DOH and other concer-
ned agencies, shall em-
ploy septage or combined
sewerage-septage mana-
gement system.
For the purpose of
this section, the DOH,
coordination with other
government agencies,
shall formulate guide-
lines and standards for
the collection, treatment
“And this, our life, exempt from public haunt, finds tongues in and disposal of sewage
trees, books in the running brooks, sermons in stones, and good including guidelines for
in everything.”— William Shakespeare (T. Cayton) the establishment and
operation of centralized
sewage treatment system.
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SEC. 9. National Water Quality Management Fund.—A water quality manage-

ment fund, to be administered by the Department, in coordination with other concerned
agencies, as a special account in the National Treasury is hereby established. The fund
shall be used to finance the following:
a. Finance containment and clean-up operations of the government in water pol-
lution cases;
b. Guarantee restoration of ecosystems and rehabilitation of affected areas;
c. Support research, enforcement and monitoring activities;
d. Provide technical assistance to the implementing agencies;
e. Grant rewards and incentives;
f. Support information and educational campaign; and
g. Such other disbursements made solely for the prevention, control or abatement
of water pollution and management and administration of the management areas in the
amounts authorized by the Department.
The fines imposed and damages awarded to the government by the Pollution Ad-
judication Board (PAB), proceeds of permits issued by the Department under this Act,
donations, endowments and grants in the form of contributions to the national govern-
ment under this Act shall form part of the fund. Such donations, endowments and
grants shall be exempt from donor’s taxes and all other taxes, charges or fees imposed
by the government and shall be deductible from the gross income of the donor for in-
come tax purposes.
Disbursements from the fund shall be subject to the usual accounting and budget-
ing rules and regulations.
SEC. 10. The Area Water Quality Management Fund.—The area water quality
management fund is hereby established for the maintenance and upkeep of the water
bodies in a water quality management area. The fund shall be utilized for the grant of
rewards and incentives for entities whose effluent discharges are better than the water
quality criteria of the target classification of the receiving body of water, loans for ac-
quisitions and repairs of facilities to reduce quantity and improve quality of wastewater
discharges, and regular maintenance of the water bodies within the management area.
An amount of not more than ten percent (10%) of the total amount accruing to the
funds annually shall be allocated for the operational expenses of the governing board,
its secretariat and multi-sectoral water quality surveillance and monitoring network.
This fund shall initially be sourced from the fines incurred by the establishments
located in rural areas before the effectivity of this Act. Thereafter, the fees collected
under the wastewater charge system established under Section 13 of this Act, dona-
tions, endowments and grants for water quality management of the area shall accrue to
the fund.
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CLEAN WATER ACT
Disbursements from the fund shall be subject to the usual accounting and budget-
ing rules and regulations. This fund shall be managed by the Board of the correspond-
ing management area.
SEC. 11. Water Quality Variance for Geothermal and Oil and Gas Explora-
tion.—The Department may provide variance in water quality criteria and standards
for geothermal exploration that encounters re-injection constraints: Provided, That
there shall be provision for adequate protection of beneficial use of water bodies, down-
stream of the geothermal project: Provided, further, That this provision may be applied
to oil and gas exploration as determined by the Department.
SEC. 12. Catego-
ries of Industry Sector.—
Within twenty-four (24)
months from the effectiv-
ity of this Act, and every
two (2) years thereafter,
the Department shall,
through due public con-
sultation, revise and
publish a list of catego-
ries of industry sector for
which effluent standards
will be provided for each
significant wastewater
parameter per industry
sector.
The Department
shall provide additional
classification based on
“Follow the river and you will find the sea”— French Proverb other parameters specifi-
(A. Oposa) cally associated to dis-
charge of a particular
industry which shall be included in the listing of categories prescribed in the preceding
paragraph.
Article 2
Water Pollution Permits and Charges
SEC. 13. Wastewater Charge System.—The Department shall implement a

wastewater charge system in all management areas including the Laguna Lake Region
and Regional Industrial Centers through the collection of wastewater charges/fees. The
system shall be established on the basis of payment to the government for discharging
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WATER
wastewater into the water bodies. Wastewater charges shall be established taking into
consideration the following:
a. To provide strong economic inducement for polluters to modify their produc-
tion or management processes or to invest in pollution control technology in order to
reduce the amount of water pollutants generated;
b. To cover the cost of administering water quality management or improvement
programs;
c. Reflect damages caused by water pollution on the surrounding environment,
including the cost of rehabilitation;
d. Type of pollutant;
e. Classification of the receiving water body; and
f. Other special attributes of the water body.
The fee shall be based on the net waste load depending on the wastewater, charge
formula which shall be established with due public consultation within six (6) months
from the effectivity of this Act: Provided, That net waste load shall refer to the differ-
ence of the initial waste load of the abstracted water and the waste load of the final
effluent discharge of an industry: Provided, further, That no net waste load shall be
lower than the initial waste load: Provided, finally, That wastewater charge system
shall not apply to wastewater from geothermal exploration.
Industries whose water effluent are within standards promulgated pursuant to
this Act, shall only be charged with minimal reasonable amount which shall be deter-
mined by the Department after due public consultation, giving account to volumetric
rate of discharge and effluent concentration.
SEC. 14. Discharge Permits.—The Department shall require owners or opera-
tors of facilities that discharge regulated effluents pursuant to this Act to secure a per-
mit to discharge. The discharge permit shall be the legal authorization granted by the
Department to discharge wastewater: Provided, That the discharge permit shall specify
among others, the quantity and quality of effluent that said facilities are allowed to
discharge into a particular water body, compliance schedule and monitoring require-
ment.
As part of the permitting procedure, the Department shall encourage the adoption
of waste minimization and waste treatment technologies when such technologies are
deemed cost effective. The Department shall also develop procedures to relate the cur-
rent water quality guideline or the projected water quality guideline of the receiving
water body/ies with total pollution loadings from various sources, so that effluent quo-
tas can be properly allocated in the discharge permits. For industries without any dis-
charge permit, they may be given a period of twelve {12) months after the effectivity of
the implementing rules and regulations promulgated pursuant to this Act, to secure a
discharge permit.
Effluent trading may be allowed per management area.
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CLEAN WATER ACT
Article 3
Financial Liability Mechanism
SEC. 15. Financial Liability for Environmental Rehabilitation.—The Depart-

ment shall require program and project proponents to put up environmental guarantee
fund {EGF) as part of the
environmental manage-
ment plan attached to
the environmental comp-
liance certificate pur-
suant to Presidential
Decree No.1586 and its
implementing rules and
regulations. The EGF
shall finance the mainte-
nance of the health of
the ecosystems and spe-
cially the conservation of
watersheds and aquifers
affected by the deve-
lopment, and the needs
of emergency response,
clean-up or rehabilita-
tion of areas that may be
damaged during the pro- “You could write the story of man’s growth in terms of his epic
gram’s or project’s actual concerns with water.”—Bernard Frank (Y. Lee)
implementation. Liabil-
ity for damages shall continue even after the termination of a program or project and,
until the lapse of a given period indicated in the environmental compliance certificate,
as determined by the Department. The EGF may be in the form of a trust fund, envi-
ronmental insurance, surety bonds, letters of credit, self-insurance and any other in-
struments which may be identified by the Department. The choice of the guarantee
instrument or combinations thereof shall depend, among others, on the assessment of
the risks involved and financial test mechanisms devised by the Department. Propo-
nents required to put up guarantee instruments shall furnish the Department with
evidence of availment of such instruments from accredited financial instrument provid-
ers.
SEC. 16. Clean-Up Operations.—Notwithstanding the provisions of Sections 15
and 26 hereof, any person who causes pollution in or pollutes water bodies in excess of
the applicable and prevailing standards shall be responsible to contain, remove and
clean-up any pollution incident at his own expense to the extent that the same water
bodies have been rendered unfit for utilization and beneficial use: Provided, That in the
651
WATER
event emergency clean-up operations are necessary and the polluter fails to immedi-
ately undertake the same, the Department, in coordination with other government
agencies concerned, shall conduct containment, removal and clean-up operations. Ex-
penses incurred in said operations shall be reimbursed by the persons found to have
caused such pollution upon proper administrative determination in accordance with
this Act. Reimbursements of the cost incurred shall be made to the Water Quality Man-
agement Fund or to such other funds where said disbursements were sourced.
SEC. 17. Programmatic Environmental Impact Assessment.—The Department
shall implement programmatic compliance with the environmental impact assessment
system, as in the following types of development:
a. development consisting of a series of similar projects, or a project subdivided
into several phases and/or stages whether situated in a contiguous area or geographi-
cally dispersed; and
b. development consisting of several components or a cluster of projects co-
located in an area such as an industrial estate, an export processing zone, or a develop-
ment zone identified in a local land use plan.
Programmatic compliance with the environmental impact assessment system shall
be guided by carrying capacity assessments determined from ecological profiles. Eco-
logical profiles shall Identify environmental constraints and opportunities in program-
matic areas. Programmatic assessment shall also take into account cumulative impacts
and risks.
Consistent with the provisions of the Local Government Code, the Department
may enter into agreement with LGUs to incorporate programmatic environmental im-
pact assessment into the preparation, updating or revision of local land use plans and
area development plans.
SEC. 18. Environmental Impact Assessment System Programmatic Compliance
with Water Quality Standards.—The Department may allow each regional industrial
center established pursuant to Republic Act No.7916 (PEZA law) to allocate effluent
quotas to pollution sources within its jurisdiction that qualify under an environmental
impact assessment system programmatic compliance program in accordance with
Presidential Decree No. 15867 and its implementing rules and regulations.
Chapter 3
SEC. 19. Lead Agency.—The Department shall be the primary government

agency responsible for the implementation and enforcement of this Act unless otherwise
provided herein. As such, it shall have the following functions, powers and responsibili-
ties:
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CLEAN WATER ACT
a. Prepare a National Water Quality Status Report within twenty-four (24)

months from the effectivity of this Act: Provided, That the Department shall thereafter
review or revise and publish annually, or as the need arises, said report;
b. Prepare an Integrated Water Quality Management Framework within twelve
(12) months following the completion of the status report;
c. Prepare a ten (10) year Water Quality Management Area Action Plan within
twelve (12) months following the completion of the framework for each designated water
management area. Such action plan shall be reviewed by the water quality manage-
ment area governing board every five (5) years or as need arises;
d. Prepare and publish a national a national groundwater vulnerability map in-
corporating the prevailing standards and methodologies, within twenty four (24)
months after the effectivity of this Act;
e. Enforce, review and revise within twelve (12) months from the effectivity of
this Act water quality guidelines after due consultation with the concerned stakeholder
sectors: Provided, That the Department, in coordination with appropriate agencies shall
review said guidelines every five (5) years or as need arises;
f. Review and set effluent standards every five (5) years from the effectivity of
this Act or sooner as determined by the Department: Provided, That in the interim, the
provisions of DENR Administrative Order No. 35 of the Department shall apply: Pro-
vided, further, That when new and more stringent standards are set in accordance with
this section, the Department may establish a grace period with a maximum of five (5)
years: Provided, finally, That such grace period shall be limited to the moratorium on
the issuance of cease and desist and/or closure order against the industry’s operations
except in the event such operation poses serious and grave threat to the environment,
or the industry fails to institute retooling, upgrading or establishing an environmental
management system (EMS).
g. Establish within twelve (12) months from the effectivity of this Act, interna-
tionally-accepted procedures for sampling and analysis of pollutants and in coordination
with other concerned agencies, formulate testing procedures and establish an accredita-
tion system for laboratories;
h. Within eighteen (18) months from the effectivity of this Act and every two (2)
years thereafter, categorize point and non-point sources of water pollution;
i. Classify groundwater sources within twelve (12) months from the effectivity of
this Act;
j. Classify or reclassify all water bodies according to their beneficial usages: Pro-
vided, that in the interim, the provisions of DENR Administrative Order No.34 shall
apply: Provided, further, that such classification or reclassification shall take into con-
sideration the operation of businesses or facilities that are existing prior to the effectiv-
ity of the Act: Provided, furthermore, that the Department may authorize the use of the
water for other purposes that are more restrictive in classification: Provided, finally,
653
WATER
That discharges resulting from such use shall meet the effluent standards set by the
Department;
k. Exercise jurisdiction over all aspects of water pollution, determine its location,
magnitude, extent, severity, causes, effects and other pertinent information on pollu-
tion, and to take measures, using available methods and technologies to prevent and
abate such pollution;
l. Exercise supervision and control over all aspects of water quality manage-
ment;
m. Establish a cooperative effort in partnership with the government, LGUs, aca-
demic institutions, civil society and the private sector to attain the objectives of this Act;
n. Disseminate information and conduct educational awareness and value forma-
tion programs and campaigns on the effects of water pollution on health and environ-
ment, water quality management, and resource conservation and recovery to encourage
an environmentally action-oriented society in coordination with government agencies
identified in Section 22 (f);
o. Promote. and encourage private and business sectors especially manufacturing
and processing plants the use of water quality management systems equipment, includ-
ing but not limited to, industrial wastewater treatment collection and treatment facili-
ties;
p. Report, on an annual basis, to Congress the, quality status of water bodies and
other pertinent information and recommend possible legislation, policies and programs
for environmental management and water pollution control;
q. Issue rules and regulations for the effective implementation of the provisions
of this Act;
r. Issue orders against any person or entity and impose fines, penalties and other
administrative sanctions to compel compliance with water quality the provisions of this
Act;
s. Undertake appropriate protocol with other concerned agencies for immediate
coordinated responses to water related emergency incidents;
t. Issue permits, clearances and similar instruments pursuant to this Act; and
u. Exercise such powers and perform such other functions as may be necessary to
carry out the objectives of this Act
The Department shall gradually devolve to the LGUs, and to the governing boards
the authority to administer some aspects of water quality management and regulation,
including, but not to be limited to, permit issuance, monitoring and imposition of ad-
ministrative penalties, when, upon the Department’s determination, the LGU or the
governing board has demonstrated readiness and technical capability to undertake such
functions.
654
CLEAN WATER ACT
SEC. 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 within six (6) months after the establishment of
the water quality management area action plan prepare a compliance scheme in, accor-
dance thereof, subject to review and approval of the governing board.
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 con-
cerned sectors in the implementation of measures to prevent and control water pollu-
tion: Provided, however, That in provinces/cities/municipalities where there are no envi-
ronment 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: Pro-
vided, finally, That in case an employee is designated as such, he must have sufficient
experience in environmental and natural resources management, conservation and
utilization.
SEC. 21. Business and Industry Role in Environmental Management.—The De-
partment 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 proc-
esses that reduce if totally eliminate discharge of pollutants into our water bodies.
SEC. 22. Linkage Mechanism.—The Department and its concerned attached
agencies including LLDA shall coordinate and enter into agreement with other govern-
ment agencies, industrial sector and other concerned sectors in the furtherance of the
objectives of this Act- The following agencies shall perform tile functions specified here-
under:
a. Philippine Coast Guard in coordination with DA and the Department shall en-
force for the enforcement of water quality standards in marine waters, set pursuant to
this Act, specifically from offshore sources;
655
WATER
b. DPWH through its attached agencies, such as the MWSS, LWUA, and includ-
ing other urban water utilities for the provision or sewerage and sanitation facilities
and the efficient and safe collection, treatment and disposal of sewage within their area
of jurisdiction;
c. DA, shall coordinate with the Department, in the formulation of guidelines for
the re-use of wastewater for irrigation and other agricultural uses and for the preven-
tion, control and abatement of pollution from agricultural and aquaculture activities:
Provided, That discharges coming from non-point sources be categorized and further
defined pursuant to this Act: Provided, further, That the Bureau of Fisheries and
Aquatic Resources (BFAR) of the DA shall be primarily responsible for the prevention
and control of water pollution for the development, management and conservation of
the fisheries and aquatic resources;
d. DOH shall be primarily responsible for the promulgation, revision and en-
forcement of drinking water quality standards;
e. DOST, in coordination with the Department and other concerned agencies,
shall prepare a program for the evaluation, verification, development and public dis-
semination of pollution prevention and cleaner production technologies; and
f. Department of Education (DepEd), Commission Higher Education (CHED),
Department of the Interior and Local Government (DILG) and Philippine Information
Agency (PIA) shall assist and coordinate with the Department in, the preparation and
implementation of a comprehensive program pursuant to the objectives of this Act.
SEC. 23. Requirement of Record-keeping, Authority for Entry to Premises and
Access to Documents.—The Department or its duly authorized representative shall,
after proper consultation and notice, require any person who owns or operates any pol-
lution source or who is subject to. any requirement of this Act to submit reports and
other written information as may be required by the department.
Any record, report or information obtained under this section shall be made avail-
able to the public, except upon a satisfactory showing to the Department by the, entity
concerned that the record, report, or information or parts thereof, if made public, would
divulge secret methods or processes entitled to protection as intellectual property. Such
record, report or information shall likewise be incorporated in the Department’s indus-
trial rating system. Pursuant to this Act, the Department, through its authorized repre-
sentatives, shall have the right to:
a. enter any premises or to have access to documents and relevant materials as
referred to in the herein preceding paragraph;
b. inspect any pollution or waste source, control device, monitoring equipment or
method required; and
c. test any discharge.
656
CLEAN WATER ACT
In cases of fish kill incidence, the Bureau of Fisheries of the DA, in the course of
its investigation, may enter the premises of an establishment reported to have caused
said incident.
SEC. 24. Pollution Research and Development Programs.—The Department, in
coordination with the Department of Science and Technology (DOST), other concerned
agencies and academic research institutions, shall establish a national research and
development program for the prevention and control of water pollution. As part of said
program, the DOST shall conduct and promote the coordination and acceleration of
research, investigation, experiments, training, survey and studies relating to the
causes, extent, prevention and control of pollution among concerned government agen-
cies and research institutions.
Chapter 4
Incentives and Rewards
SEC. 25. Rewards.—Rewards, monetary or otherwise, shall be provided to indi-

viduals, 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.
SEC. 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
1. Inclusion in the Investments Priority Plan (IPP).—Subject to the rules
and regulations of the Board of Investments (BOI), industrial wastewater treat-
ment and/or adoption of water pollution control technology, cleaner production and
waste minimization technology shall be classified as preferred areas of investment
under its annual priority plan and shall enjoy the applicable fiscal and non-fiscal
incentives as may be provided for under the Omnibus Investment Code, as
amended.
B. Fiscal Incentives
1. Tax and Duty Exemption on Imported Capital Equipment.—Within ten

10) years upon the effectivity of this Act, LGUs, WDs, enterprises or private enti-
ties shall enjoy tax-and-duty-free importation of machinery, equipment and spare
parts used for industrial wastewater treatment/collection and treatment facilities:
Provided, That the importation of such machinery, equipment and spare parts
shall comply with the following conditions:
657
WATER
a. They are not manufactured domestically in sufficient quantity, of

comparable quality and at reasonable prices;
b. They are reasonably needed and will be used actually, directly and
exclusively for the above mentioned activities; and
c. Written endorsement by the Department that the importation of
such machinery, equipment and spare parts would be beneficial to environ-
mental protection and management: Provided, further, That the sale, transfer
or disposition of such machinery, equipment and spare parts without prior
approval of the BOI within five (5) years from the date of acquisition shall be
prohibited, otherwise the LGU concerned, WD, enterprise or private entity
and the concerned vendee, transferee or assignee shall be solidarity liable to
pay twice the amount of tax and duty exemption given it.
2. Tax Credit on Domestic Capital Equipment.—Within ten (10) years from the
effectivity of this Act, a tax credit equivalent to one hundred percent (100%) of the value
of the national internal revenue taxes and customs duties that would have been waived
on the machinery, equipment, and spare parts, had these items been imported shall be
given to enterprises or private entities and individuals, subject to the same conditions
and prohibition cited in the preceding paragraph.
3. Tax and Duty Exemption of Donations, Legacies and Gifts.—All legacies, gifts
and donations to LGUs, WDs, enterprises, or private entities and individuals, for the
support and maintenance of the program for effective water quality management shall
be exempt from donor’s tax and shall be deductible from the gross income of the donor
for income tax purposes.
Imported articles donated to, or for the account of any LGUs, WDs, local water
utilities, enterprises, or private entities and individuals to be exclusively used for water
quality management programs shall be exempted from the payment of customs duties
and applicable internal revenue taxes.
Industrial wastewater treatment and/or installation of water pollution control de-
vices shall be classified as pioneer and preferred areas of investment under the BOI’s
annual priority plan and shall enjoy- the applicable fiscal and non-fiscal incentives as
may be provided for under the Omnibus Investment Code, as amended.
B. Financial Assistance Program
Government financial institutions such as the Development Bank of the Philip-

pines, Land Bank of the Philippines, Government Service Insurance System, and such
other government institutions providing financial services shall, in accordance with and
to the extent allowed by the enabling provisions of their respective charters or applica-
ble laws, accord high priority to extend financial services to LGUs, WDs, enterprises, or
private entities engaged in sewage collection and treatment facilities.
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CLEAN WATER ACT
C. Extension or Grants to LGUs
Cities and municipalities which shall establish or operate sewerage facilities may
be entitled to receive grants for the purpose of developing technical capabilities.
Chapter 5
Civil Liability/Penal Provisions
SEC. 27. Prohibited Acts.—The following acts are hereby prohibited:

a. Discharging, depositing or causing to be deposited material of any kind di-
rectly 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 sub-
stance in any form that would pollute groundwater. In the case of geothermal projects,
and subject to the approval of the Department, regulated discharge for short- term
activities (e.g. well testing, flushing, commissioning, venting) and deep re-injection of
geothermal liquids may be allowed: Provided, That safety measures are adopted to
prevent the contamination of the 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 as defined under Republic Act No.9003;
f. Transport, dumping or discharge of prohibited chemicals, substances or pol-
lutants listed under Republic Act No.6969;
g. Operate facilities that discharge or allow to seep, willfully or through gross
negligence, prohibited chemicals, substances or pollutants listed under R. A. No. 6969
into water bodies or wherein the same shall be liable to be washed into such surface,
ground, coastal, and marine water;
h. Undertaking activities or development and expansion of projects, or operating
wastewater/sewerage facilities in violation of Presidential Decree. No.1586 and its im-
plementing 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 condi-
tion therein;
659
WATER
j. Non-compliance of the LGU with the Water Quality Framework and Manage-
ment Area Action Plan. In such a case, sanctions shall be imposed on the local govern-
ment officials concerned;
k. Refusal to allow entry, inspection and monitoring by the Department in accor-
dance 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
“I know no safe depository of the ultimate powers of
pumps in the distribution system society but the people themselves.”—Thomas Jef-
or tampering with the water sup- ferson
ply in such a way as to alter or
impair the water quality.
SEC. 28. Fines, Damages and Penalties.—Unless otherwise provided herein, any
person who commits any of the prohibited acts provided in the immediately preceding
section or violates any of the provision of this Act or its implementing rules and regula-
tions, shall be fined by the Secretary, upon the recommendation of the PAB in the
amount of not less than Ten thousand pesos (P10,000.00) nor more than Two hundred
thousand pesos (P200,000.00) for every day of violation. The fines herein prescribed
shall be increased by ten percent (10%) every two (2) years to compensate for inflation
and to maintain the deterrent function of such fines: Provided, That the Secretary, upon
recommendation of the PAB may order the closure, suspension of development or con-
struction, or cessation of operations or, where appropriate disconnection of water sup-
ply, until such time that proper environmental safeguards are put in place and/or com-
pliance with this Act or its rules and regulations are undertaken. This paragraph shall
be without prejudice to the issuance of an ex parte order for such closure, suspension of
development or construction, or cessation of operations during the pendency of the case.
Failure to undertake clean-up operations, willfully, or through gross negligence,
shall be punished by imprisonment of not less than two (2) years and not more than
four (4) years and a fine not less than Fifty thousand pesos (P50,000.00) and not more
than One hundred thousand pesos (P100,000.00) per day for each day of violation. Such
failure or refusal which results in serious injury or loss of life and/or irreversible water
contamination of surface, ground, coastal and marine water shall be punished with
imprisonment of not less than six (6) years and one day and not more than twelve (12)
years, and a fine of Five Hundred Thousand Pesos (P500,000.00) per day for each day
during which the omission and/or contamination continues.
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CLEAN WATER ACT
In case of gross violation of this Act, the PAB shall issue a resolution recommend-
ing that the proper government agencies file criminal charges against the violators.
Gross violation shall mean any of the following:
a. deliberate discharge of toxic pollutants identified pursuant to Republic Act
No.6969 in toxic amounts;
b. five {5) or more violations within a period of two (2) years; or
c. blatant disregard of the orders of the PAB, such as the non-payment of fines,
breaking of seals or operating despite the existence of an order for closure, discontinu-
ance or cessation of operation.
In which case, offenders shall be punished with a fine of not less than Five hun-
dred thousand pesos (P500,000.00) but not more than Three million pesos
(P3,000,000.00} per day for each day of violation or imprisonment of not less than six {6)
years but not more than ten {10) years, or both, at the discretion of the court. If the
offender is a juridical person, the president, manager and the pollution control officer or
the official in charge of the operation shall suffer the penalty herein provided.
For violations falling under Section 4 of Presidential Decree No.979 or any regula-
tions prescribed in pursuance thereof, such person shall be liable for a fine of no1 less
than Fifty thousand pesos {P50,000.00) nor more than One million pesos (P1,000,000.00)
or by imprisonment of not less than one {1) year nor more than six (6) years or both, for
each offense, without prejudice to the civil liability of the offender in accordance with
existing laws. If the offender is a juridical entity, then its officers, directors, agents or any
person primarily responsible shall be held liable: Provided, That any vessel from which oil
or other harmful substances are discharged in violation of Section 4 of Presidential De-
cree No.979 shall be liable for penalty of fine specified in the immediately preceding para-
graph and clearance of such vessel from the port of the Philippines may be withheld until
the fine is paid and such penalty shall constitute a lien on such vessel which may be re-
covered in proceedings by libel in rem in the proper court which the vessel may be. The
owner or operator of a vessel or facility which discharged the oil or other harmful sub-
stances will be liable to pay for any clean-up costs.
Provided, finally, That water pollution cases involving acts or omissions—
committed within the Laguna Lake Region shall be dealt with in accordance with the
procedure under R. A. No.4850 as amended.
SEC. 29. Administrative Sanctions Against Non-compliance with the Water
Quality Management Area Action Plan.—Local government officials concerned shall be
subject to Administrative sanctions incase of failure to comply with their action plan
accordance with the relevant provisions of R.A. No. 7160.
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WATER
Chapter 6
Actions
SEC. 30. Administrative Action.—Without prejudice to the right of any affected

person to file an administrative action, the Department shall, on its own instance or
upon verified complaint by any person, institute administrative proceedings in the
proper forum against any person who violates:
a) Standards or limitations provided by this Act; or
b) By any such order, rule or regulation issued by the Department with respect to
such standard or limitation.
Chapter 7
Final Provisions
SEC. 31. Appropriations.—An amount of One hundred million pesos

(P100,000,000.00) shall be appropriated from the savings of the National Government
to the Department for the initial implementation of this Act. Thereafter, the amount
necessary to effectively carry out the provision of this Act shall be included in the Gen-
eral Appropriations Act of the year following its enactment into law and thereafter.
SEC. 32. Implementing Rules and Regulations.—The Department, in coordina-
tion with the Committees on Environment and Ecology of the Senate and the House of
Representatives, respectively and other concerned agencies shall promulgate the im-
plementing rules and regulations for this Act, within one (1) year after the enactment of
this Act: Provided. That rules and regulations issued by other government agencies and
instrumentalities for the prevention and/or abatement of water pollution not inconsis-
tent with this Act shall supplement the rules and regulations issued by the Depart-
ment, pursuant to the provisions of this Act.
The draft of the implementing rules and regulations shall be published and be the
subject of public consultations with affected sectors.
There shall be a mandatory review of the implementing rules and regulations and
standards set pursuant to the provisions of this Act.
Joint Congressional Oversight Committee to monitor the implementation of this Act
and to review the implementing rules and regulations promulgated by the Department.
The Committee shall be composed of five (5) Senators and five; (5) Representatives to be
appointed by the Senate President and the Speaker of the House of Representatives,
respectively. The Oversight Committee shall be co-chaired by the Chairpersons of the
Committee on Environment of the Senate and the Committee on Ecology of the House
of Representatives.
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WATER CODE
SEC. 34. Repealing Clause.—Presidential Decree No. 984 is hereby repealed.

Republic Act Nos. 6969 and 4850 as amended, Presidential Decree Nos. 1586, 1152, 979
and 856 are hereby amended and modified accordingly. All other laws, orders, issuance,
rules and regulations inconsistent herewith are hereby repealed or modified accord-
ingly.
SEC. 35. Separability Clause.—If any provision of this Act or the application
such provision to any person or circumstances is declared unconstitutional, the remain-
der of the Act or the application of such provision to other person or circumstances shall
not be affected by such declaration.
SEC. 36. Effectivity.—This Act shall take effect fifteen (15) days from the date of
its publication in the Official Gazette or in at least two (2) newspapers of general circu-
lation.
Approved: March 22, 2004
The Implementing rules of the Clean Water Act may be found in
<htlp://58.71.14.170/elaws/images/DAO%2005-10.pdf>
Water Code (Presidential Decree 1067)
Whereas, Article 14, Section 8 of the New Constitution of the Philippines provides,
inter alia, that all waters of the Philippines belong to the State;
Whereas, existing
water legislations are
piecemeal and inade-
quate to cope with in-
creasing scarcity of water
and changing patterns of
water use;
Whereas, there is a
need for a Water Code
based on rational con-
cepts or integrated and
multi-purpose manage-
ment of water resources
and sufficiently flexible
to adequately meet fu-
ture developments; “Water is the mother of the vine, The nurse and fountain of
Whereas, water is fecundity, The adorner and refresher of the world.”— Charles
Mackay (T. Cayton)
vital to national devel-
opment and it has become increasingly necessary for government to intervene actively
in improving the management of water resources;
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WATER

the powers in me vested by the Constitution, do hereby order and decree the enactment
of the Water Code of the Philippines of 1976, as follows:
Chapter I
Declaration of Objectives and Principles
Article 1. This Code shall be known as “The Water Code of the Philippines.”
Art. 2. The objectives of this Code are:
a. To establish the basic principles and framework relating to the appropriation,
control, and conservation of water resources to achieve the optimum development and
rational utilization of these resources;
b. To define the extent of the rights and obligations of water users and owners in-
cluding the protection and regulation of such rights;
c. To adopt a basic law governing the ownership, appropriation, utilization, ex-
ploitation, development, conservation, and protection of water resources and rights to
land related thereto; and
d. To identify the administrative agencies which will enforce this Code.
Art. 3. The underlying principles of this Code are:
a. All waters belong to the State.
b. All waters that belong to the State cannot be the subject to acquisitive pre-
scription.
c. The State may allow the use or development of waters by administrative con-
cession.
d. The utilization, exploitation, development, conservation, and protection of wa-
ter resources shall be subject to the control and regulation of the government through
the National Water Resources Council, hereinafter referred to as the Council.
e. Preference in the use and development of waters shall consider current usages
and be responsive to the changing needs of the country.
Art. 4. Waters, as used in this Code, refer to water under the ground, water
above the ground, water in the atmosphere, and the waters of the sea within the terri-
torial jurisdiction of the Philippines.
Chapter II
Ownership of Waters
Art. 5. The following belong to the State:

a. Rivers and their natural beds;
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WATER CODE
b. Continuous or intermittent waters of springs and brooks running in their

natural beds and the beds themselves;
c. Natural lakes and lagoons;
d. All other categories of surface waters such as water flowing over lands, water
from rainfall whether natural or artificial, and water from agriculture run-off, seepage,
and drainage;
e. Atmospheric water;
f. Subterranean or ground waters; and
g. Seawater.
Art. 6. The following waters found on private lands belong to the State:
a. Continuous or intermittent waters rising on such lands;
b. Lakes and lagoons naturally occurring on such lands;
c. Rain water falling on such lands;
c. Subterranean or ground waters; and
e. Water in swamps and marshes.
The owner of the land where the water is found may use the same for domestic
purposes without securing a permit, provided that such use shall be registered, when
required by the Council. The Council, however, may regulate such when there is wast-
age, or in times of emergency.
Art. 7. Subject to the provisions of this Code, any person who captures or collects
water by means of cisterns, tanks, or pools shall have exclusive control over such water
and the right to dispose of the same.
Art. 8. Water legally appropriated shall be subject to the control of the appro-
priator from the moment it reaches the appropriator’s canal or aqueduct leading to the
place where the water will be used or stored and, thereafter, so long as it is being bene-
ficially used for the purposes for which it was appropriated.
Chapter III
Appropriation of Waters
Art. 9. Waters may be appropriated and used in accordance with the provisions
of this Code.
Appropriation of water, as used in this Code, is the acquisition of rights over the
use of waters or the taking or diverting of waters from a natural source in the manner
and for any purpose allowed by law.
Art. 10. Water may be appropriated for the following purposes:
a. Domestic
665
WATER
b. Municipal
c. Irrigation
d. Power generation
e. Fisheries
f. Livestock raising
g. Industrial
h. Recreational
i. Other purposes
Use of water for domestic purposes is the utilization of water for drinking, wash-
ing, bathing, cooking, or other household needs, home gardens, and watering of lawns
or domestic animals.
Use of water for municipal purposes is the utilization of water for supplying the
water requirements of the community.
Use of water for irrigation is the utilization of water for producing agricultural
crops.
Use of water for power generation is the utilization of water for producing electri-
cal or mechanical power.
Use of water for fisheries is the utilization of water for the propagation and culture
of fish as a commercial enterprise.
Use of water for livestock raising is the utilization of water for large herds or
flocks of animals raised as a commercial enterprise.
Use of water for industrial purposes is the utilization of water in factories, indus-
trial plants, and mines, including the use of water as an ingredient of a finished prod-
uct.
Use of water for recreational purposes is the utilization of water for swimming
pools, bath houses, boating, water skiing, golf courses, and other similar facilities in
resorts and other places of recreation.
Art. 11. The State, for reasons of public policy, may declare waters not previ-
ously appropriated, in whole or in part, exempt from appropriation for any or all pur-
poses and, thereupon, such waters may not be appropriated for those purposes.
Art. 12. Waters appropriated for a particular purpose may be applied for an-
other purpose only upon prior approval of the Council and on condition that the new use
does not unduly prejudice the rights of other permittees, or require an increase in the
volume of water.
Art. 13. Except as otherwise herein provided, no person, including government
instrumentalities or government-owned or controlled corporations, shall appropriate
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WATER CODE
water without a water right, which shall be evidenced by a document known as a water
permit.
Water right is the privilege granted by the government to appropriate and use wa-
ter.
Art. 14. Subject to the provisions of this Code concerning the control, protection,
conservation, and regulation of the appropriation and use of waters, any person may
appropriate or use natural bodies of water without securing a water permit for any of
the following:
a. Appropriation of water by means of handcarried receptacles; and
b. Bathing or washing, watering or dipping of domestic or farm animals, and
navigation of watercrafts or transportation of logs and other objects by flotation.
Art. 15. Only citizens of the Philippines, of legal age, as well as juridical per-
sons, who are duly qualified by law to exploit and develop water resources, may apply
for water permits.
Art. 16. Any person who desires to obtain a water permit shall file an applica-
tion with the Council who shall make known said application to the public for any pro-
tests.
In determining whether to grant or deny an application, the Council shall consider
the following: protests filed, if any; prior permits granted; the availability of water; the
water supply needed for beneficial use; possible adverse effects; land use economics; and
other relevant factors.
Upon approval of an application, a water permit shall be issued and recorded.
Art. 17. The right to the use of water is deemed acquired as of the date of filing
of the application for a water permit in case of approved permits, or as of the date of
actual use in a case where no permit is required.
Art. 18. All water permits granted shall be subject to conditions of beneficial
use, adequate standards of design and construction, and such other terms and condi-
tions as may be imposed by the Council.
Such permits shall specify the maximum amount of water which may be diverted
or withdrawn, the maximum rate of diversion or withdrawal, the time or times during
the year when water may be diverted or withdrawn, the point or points of diversion or
location of wells, the place of use, the purposes of which water may be used, and such
other requirements the Council deems desirable.
Art. 19. Water rights may be leased or transferred in whole or in part to another
person with prior approval of the Council, after due notice and hearing.
Art. 20. The measure and limit of appropriation of water shall be beneficial use.
667
WATER
Beneficial use of water is the utilization of water in the right amount during the
period that the water is needed for producing the benefits for which the water is appro-
priated.
Art. 21. Standards of beneficial use shall be prescribed by the Council for the
appropriator of water for different purposes and conditions, and the use of waters which
are appropriated shall be measured and controlled in accordance therewith.
Excepting for domestic use, every appropriator of water shall maintain water con-
trol and measuring devices, and keep records of water withdrawal. When required by
the Council, all appropriators of water shall furnish information on water use.
Art. 22. Between two or more appropriators of water from the same sources of
supply, priority in time of appropriation shall give the better right, except that in times
of emergency the use of water for domestic and municipal purposes shall have a better
right over all other uses; Provided, That where water shortage is recurrent and the
appropriator for municipal use has a lower priority in time of appropriation, then it
shall be his duty to find an alternative source of supply in accordance with conditions
prescribed by the Council.
Art. 23. Priorities may be altered on grounds of greater beneficial use, multi-
purpose use, and other similar grounds after due notice and hearing, subject to pay-
ment of compensation in proper cases.
Art. 24. A water right shall be exercised in such a manner that the rights of
third persons or of other appropriators are not prejudiced thereby.
Art. 25. A holder of a water permit may demand the establishment of easements
necessary for the construction and maintenance of the works and facilities needed for
the beneficial use of the waters to be appropriated subject to the requirements of just
compensation and to the following conditions:
a. That he is the owner, lessee, mortgagee, or one having real right over the land
upon which he proposes to use water; and
b. That the proposed easement is the most convenient and the least onerous to
the servient estate.
Easements relating to the appropriation and use of waters may be modified by
agreement of the contracting parties provided the same is not contrary to law or preju-
dicial to third persons.
Art. 26. Where water shortage is recurrent, the use of the water pursuant to a
permit may, in the interest of equitable distribution of the benefits among legal appro-
priators, reduce after due notice and hearing.
Art. 27. Water users shall bear the diminution of any water supply due to natu-
ral causes or force majeure.
Art. 28. Water permits shall continue to be valid as long as water is beneficially
used; however, they may be suspended on the grounds of non-compliance with approved
668
WATER CODE
plans and specifications or schedules of water distribution; use of water for a purpose
other than that for which it was granted; non-payment of water charges; wastage; fail-
ure to keep records of water diversion, when required; and violation of any term or con-
dition of any permit or rules and regulations promulgated by the Council.
Temporary permits may be issued for the appropriation and use of water for short
periods under special circumstances.
Art. 29. Water permits may be revoked after due notice and hearing on grounds
of non-use; gross violation of the conditions imposed in the permit; unauthorized sale of
water; willful failure or refusal to comply with rules and regulations of any lawful order;
pollution, public nuisance, or acts detrimental to public health and safety; when the
appropriator is found to be disqualified under the law to exploit and develop natural
resources of the Philippines; when, in the case, of irrigation, the land is converted to
nonagricultural purposes; and other similar grounds.
Art. 30. All water permits are subject to modification or cancellation by the
Council after due notice and hearing, in favor of a project of greater beneficial use or for
multipurpose development, and a water permittee who suffers thereby shall be duly
compensated by the entity or person in whose favor the cancellation was made.
Chapter IV
Utilization of Waters
Art. 31. Preference in the development of water resources shall consider security
of the State, multiple
use, beneficial effects,
adverse effects, and costs
of development.
Art. 32. The utili-
zation of subterranean or
ground water shall be
coordinated with that of
surface waters such as
rivers, streams, springs,
and lakes, so that a su-
perior right in one is not
adversely affected by an
inferior right in the
other.
For this purpose
the Council shall pro-
“We never know the worth of water till the well is dry.”— Tho- mulgate rules and regu-
mas Fuller (A. Oposa) lations and declare the
669
WATER
existence of control areas for the coordinated development, protection, and utilization of
subterranean or ground water and surface waters.
Control area is an area of land where subterranean or ground water and surface
water are so interrelated that withdrawal and use in one similarly affects the other.
The boundary of a control area may be altered from time to time, as circumstances
warrant.
Art. 33. Water contained in open canals, aqueducts, or reservoirs of private per-
sons may be used by any person for domestic purpose or for watering plants as long as
the water is withdrawn by manual methods without checking the stream or damaging
the canal, aqueduct or reservoir; Provided, That this right may be restricted by the
owner should it result in loss or injury to him.
Art. 34. A water permittee or appropriator may use any watercourse to convey
water to another point in the watercourse for the purpose stated in a permit and such
water may be diverted or recaptured at that point by said permittee in the same
amount less allowance for normal losses in transit.
Art. 35. Works for the storage, diversion, distribution, and utilization of water
resources shall contain adequate provision for the prevention and control of diseases
that may be induced or spread by such works when required by the Council.
Art. 36. When the reuse of waste water is feasible, it shall be limited, as much
as possible, to such uses other than direct human consumption. No person or agency
shall distribute such water for public consumption until it is demonstrated that such
consumption will not adversely affect the health and safety of the public.
Art. 37. In the construction and operation of hydraulic works, due consideration
shall be given to the preservation of scenic places and historical relics and, in addition
to the provisions of existing laws, no works that would require the destruction or re-
moval of such places or relics shall be undertaken without showing that the distribution
or removal is necessary and unavoidable.
Art. 38. Authority for the construction of dams, bridges, and other structures
across of which may interfere with the flow of navigable or floatable waterways shall
first be secured from the Department of Public Works, Transportation and Communica-
6
tions.
Art. 39. Except in cases of emergency to save life or property, the construction or
repair of the following works shall be undertaken only after the plans and specifications
therefore, as may be required by the Council, are approved by the proper government
agency: dams for the diversion or storage of water, structures for the use of water
power, installations for the utilization of subterranean or ground water and other struc-
tures for utilization of water resources.
_______________________
6
Now Department of Public Works and Highways (DPWH).
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WATER CODE
Art. 40. No excavation for the purpose of emission of a hot spring or for the
enlargement of the existing opening thereof shall be made without prior permit.
Any person or agency who intends to develop a hot spring for human consumption
must first obtain a permit from the Department of Health.
Art. 41. No person shall develop a stream, lake, or spring for recreational pur-
poses without first securing a permit from the Council.
Art. 42. Unless otherwise ordered by the President of the Philippines and only
in time of national calamity or emergency, no person shall induce or restrain rainfall by
any method such as cloud seeding without a permit from the proper government
agency.
Art. 43. No person shall raise or lower the water level of a river stream, lake, la-
goon, or marsh nor drain the same without a permit.
Art. 44. Drainage systems shall be so constructed that their outlets are rivers,
lakes, the sea, natural bodies of water, or such other watercourse as may be approved
by the proper government agency.
Art. 45. When a drainage channel is constructed by a number of persons for
their common benefit, the cost of construction and maintenance of the channel shall be
borne by each in proportion to the benefits derived.
Art. 46. When artificial means are employed to drain water from higher to lower
land, the owner of the higher land shall select the routes and methods of drainage that
will cause the minimum damage to the lower lands, subject to the requirements of just
compensation.
Art. 47. When the use, conveyance, or storage of waters results in damage to an-
other, the person responsible for the damage shall pay compensation.
Art. 48. When a water resources project interferes with the access of a land-
owner to a portion of his property or with the conveyance of irrigation or drainage wa-
ter, the person or agency constructing the project shall bear the cost of construction and
maintenance of the bridges, flumes, and other structures necessary for maintaining
access, irrigation, or drainage, in addition to paying compensation for land and inciden-
tal damages.
Art. 49. Any person having an easement for an aqueduct may enter upon the
servient land for the purpose of cleaning, repairing, or replacing the aqueduct or the
removal of obstructions therefrom.
without the intervention of man flow from the higher estate, as well as the stones or
earth which they carry with them.
The owner of the lower estate cannot construct works which will impede this natu-
ral flow, unless he provides an alternative method of drainage; neither can the owner of
the higher estate make works which will increase this natural flow.
671
WATER
Art. 51. The banks of rivers and streams and the shores of the seas and lakes
throughout their entire length and within a zone of three (3) meters in urban areas,
twenty (20) meters in agricultural areas, and forty (40) meters in forest areas, along
their margins are subject to the easement of public use in the interest of recreation,
navigation, floatage, fishing, and salvage. No person shall be allowed to stay in this
zone longer than what is necessary for recreation, navigation, floatage, fishing, or sal-
vage or to build structures of any kind.
Art. 52. The establishment, extent, form, and conditions of easements of water
not expressly determined by the provisions of this Code shall be governed by the provi-
sions of the Civil Code.
Chapter V
Control of Waters
Art. 53. To promote the best interest and the coordinated protection of flood
7
plain lands, the Secretary of Public Works, Transportation and Communications may
declare flood control areas and promulgate guidelines for governing flood plain man-
agement plans in these areas.
Art. 54. In declared flood control areas, rules, and regulations may be promul-
gated to prohibit or control activities that may damage or cause deterioration of lakes
and dikes, obstruct the flow of water, change the natural flow of the river, increase flood
losses, or aggravate flood problems.
Art. 55. The government may construct necessary flood control structures in de-
clared flood control areas, and for this purpose it shall have a legal easement as wide as
may be needed along and adjacent to the river bank and outside of the bed or channel of
the river.
Art. 56. River beds, sand bars, and tidal flats may not be cultivated except upon
prior permission from the Secretary of the Department of Public Works, Transportation
8
and Communications and such permission shall not be granted where such cultivation
obstructs the flow of water or increase flood levels so as to cause damage to other areas.
Art. 57. Any person may erect levees or revetments to protect his property from
flood, encroachment by the river, or change in the course of the river, provided that
such constructions does not cause damage to the property of another.
Art. 58. When a river or stream suddenly changes its course to traverse private
lands, the owners of the affected lands may not compel the government to restore the
river to its former bed; nor can they restrain the government from taking steps to revert
the river or stream to its former course. The owners of the land thus affected are not
entitled to compensation for any damage sustained thereby. However, the former own-
_______________________
7
Now Secretary of Public Works and Highways.
8
Id.
672
WATER CODE
ers of the new bed shall be the owners of the abandoned bed in proportion to the area
lost by each.
The owners of the affected lands may undertake to return the river or stream to its
old bed at their own expense; Provided, That a permit therefore is secured from the
Secretary of Public Works, Transportation and Communication and work pertaining
thereto is commenced within two years (2) from the change in the course of the river or
stream.
Art. 59. Rivers, lakes, and lagoons may, upon the recommendation of the Philip-
pine Coast Guard, be declared navigable either in whole or in part.
Art. 60. The rafting of logs and other objects on rivers and lakes which are float-
able may be controlled or prohibited during designated seasons of the year with due
regard to the needs of irrigation and domestic water supply and other uses of water.
Art. 61. The impounding of water in ponds or reservoirs may be prohibited by
the Council upon consultation with the Department of Health if it is dangerous to public
health, or it may order that such pond or reservoir be drained if such is necessary for
the protection of public health.
Art. 62. Waters of a stream may be stored in a reservoir by a permittee in such
amount as will not prejudice the right of any permittee downstream. Whoever operates
the reservoir shall, when required, release water for minimum stream flow.
All reservoir operations shall be subject to rules and regulations issued by the
Council or any proper government agency.
Art. 63. The operator of a dam for the storage of water may be required to em-
ploy an engineer possessing qualifications prescribed for the proper operation, mainte-
nance, and administration of the dam.
Art. 64. The Council shall approve the manner, location, depth, and spacing in
which borings for subterranean or ground water may be made, determine the require-
ments for the registration of every boring or alteration to existing borings, as well as
other control measures for the exploitation of subterranean or ground water resources,
and, in coordination with the Professional Regulation Commission, prescribe the quali-
fications of those who would drill such borings.
No person shall drill a well without prior permission from the Council.
Art. 65. Water from one river basin may be transferred to another river basin
only with approval of the Council. In considering any request for such transfer, the
Council shall take into account the full costs of the transfer, the benefits that would
accrue to the basin of origin without the transfer, the benefits that would accrue to the
receiving basin on account of the transfer, alternative schemes for supplying water to
the receiving basin, and other relevant factors.
673
WATER
Chapter VI
Conservation and Protection of Waters and Watersheds and
Related Land Resources
Art. 66. After due notice and hearing when warranted by circumstances, mi-
nimum stream flows for rivers and streams and minimum water levels for lakes may be
established by the Council under such conditions as may be necessary for the protection
of the environment, control of pollution, navigation, prevention of salt damage, and
general public use.
Art. 67. Any watershed or

any area of land adjacent to any
surface water or overlying any
ground water may be declared by
the Department of Natural
9
Resources as protected area.
Rules and regulations may be
promulgated by such Depart-
ment to prohibit or control such
activities by the owners or
occupants thereof within the
protected area which may
damage or cause the dete-
rioration of the surface water or
ground water or interfere with
the investigation, use, control,
protection, management, or ad-
ministration of such waters.
Art. 68. It shall be the
duty of any person in control of a
well to prevent the water from
“In an age when man has forgotten his origins and is
flowing on the surface of the
blind even to his most essential needs for survival,
water along with other resources has become the victim
land, or into any surface water,
of his indifference.” — Rachel Carson or any porous stratum
(Carl Ompad) underneath the surface without
being beneficially used.
Art. 69. It shall be the duty of any person in control of a well containing water
with minerals or other substances injurious to man, animals, agriculture, and vegeta-
tion to prevent such waters from flowing on the surface of the land or into any surface
water or into any other aquier or porous stratum.
_______________________
9
Now Department of Environment and Natural Resources.
674
WATER CODE
Art. 70. No person shall utilize an existing well, or pond, or spread waters for re-
charging subterranean or ground water supplies without prior permission of the Council.
Art. 71. To promote better water conservation and usage for irrigation purposes,
the merer of irrigation associations and the appropriation of waters by associations
instead of by individuals shall be encouraged.
No water permit shall be granted to an individual when his water requirement can
be supplied through an irrigation association.
Art. 72. In the consideration of a proposed water resource project, due regard
shall be given to ecological changes resulting from the construction of the project in
order to balance the needs of development and the protection of the environment.
Art. 73. The conservation of fish and wildlife shall receive proper consideration
and shall be coordinated with other features of water resources development programs
to ensure that fish and wildlife values receive equal attention with other project pur-
poses.
Art. 74. Swamps and marshes which are owned by the State and which have
primary value for waterfowl propagation or other wildlife purposes may be reserved and
protected from drainage operation and development.
Art. 75. No person shall, without prior permission from the National Pollution
Control Commission, build any works that may produce dangerous or noxious sub-
stances or perform any act which may result in the introduction of sewage, industrial
waste, or any pollutant into any source of water supply.
Water pollution is the impairment of the quality of water beyond a certain stan-
dard. This standard may vary according to the use of the water and shall be set by the
National Pollution Control Commission.
Art. 76. The establishment of cemeteries and waste disposal areas that may af-
fect the source of a water supply or a reservoir for domestic or municipal use shall be
subject to the rules and regulations promulgated by the Department of Health.
Art. 77. Tailings from mining operations and sediments from placer mining
shall not be dumped into rivers and waterways without prior permission from the
Council upon recommendation by the National Pollution Control Commission.
Art. 78. The application of agricultural fertilizers and pesticides may be prohib-
ited or regulated by the National Pollution Control Commission in the areas where such
application may cause pollution of a source of water supply.
Chapter VII
Administration of Waters and Enforcement of the
Provisions of This Code
Art. 79. The administration and enforcement of the provisions of this Code, in-
cluding the granting of permits and the imposition of penalties for administrative viola-
675
WATER
tions hereof, are hereby vested in the Council, and except in regard to those functions
which under this Code are specifically conferred upon other agencies of the government,
the Council is hereby empowered to make all decisions and determinations provided for
in this Code.
Art. 80. The Council may deputize any official or agency of the government to
perform any of its specific functions or activities.
Art. 81. The Council shall provide a continuing program for data collection, re-
search, and manpower development needed for the appropriation, utilization, exploita-
tion, conservation, and protection of the water resources of the country.
“Civilization has been a permanent dialogue between human beings and water.”—
Paolo Lugari (Y. Lee)
Art. 82. In the implementation of the provisions of this Code, the Council shall
promulgate the necessary rules and regulations which may provide for penalties con-
sisting of a fine not exceeding one thousand pesos (P1,000.00) and/or suspension or
revocation of the water permit or other right to the use of water. Violations of such rules
and regulations may be administratively dealt with by the Council.
Such rules and regulations prescribed by any government agency that pertain to
the utilization, exploitation, development, control, conservation, or protection of water
resources shall, if the Council so requires, be subject to its approval.
Art. 83. The Council is hereby authorized to impose and collect reasonable fees
or charges for water resources development from water appropriators, except when it is
for purely domestic purposes.
676
WATER CODE
Art. 84. The Council and other agencies authorized to enorce this Code are em-
powered to enter upon private lands, with previous notice to the owner, for the purpose
of conducting surveys and hydrologic investigations, and to perform such other acts as
are necessary in carrying out their functions including the power to exercise the right of
eminent domain.
Art. 85. No program or project involving the appropriation, utilization, exploita-
tion, development, control, conservation, or protection of water resources may be under-
taken without prior approval of the Council, except those which the Council may, in its
discretion, exempt.
The Council may require consultation with the public prior to the implementation
of certain water resources development projects.
Art. 86. When plans and specifications of a hydraulic structure are submitted
for approval, the government agency whose functions embrace the type of project for
which the structure is intended, shall review the plans and specifications and recom-
mend to the Council proper action thereon and the latter shall approve the same only
when they are in conformity with the requirements of this Code and the rules and regu-
lations promulgated by the Council. Notwithstanding such approval, neither the engi-
neer who drew up the plans and specifications of the hydraulic structure, nor the con-
structor who built it, shall be relieved of his liability for damages in case of failure
thereof by reason of defect in plans and specifications, or failure due to defect in con-
struction, within ten (10) years from the completion of the structure.
Any action to recover such damages must be brought within five (5) years follow-
ing such failure.
Art. 87. The Council or its duly authorized representatives, in the exercise of its
power to investigate and decide cases brought to its cognizance, shall have the power to
administer oaths, compel the attendance of witnesses by subpoena and the production
of relevant documents by subpoena duces tecum.
Non-compliance or violation of such orders or subpoena and subpoena duces tecum
shall be punished in the same manner as indirect contempt of an inferior court upon
10
application by the aggrieved party with the proper Court of First Instance in accor-
dance with the provisions of Rule 71 of the Rules of the Court.
Art. 88. The Council shall have original jurisdiction over all disputes relating to
appropriation, utilization, exploitation, development, control, conservation, and protec-
tion of waters within the meaning and context of the provisions of this Code.
The decisions of the Council on water rights controversies shall be immediately
executory and the enforcement thereof may be suspended only when a bond, in an
amount fixed by the Council to answer for damages occasioned by the suspension or
_______________________
10
Now Regional Trial Court.
677
WATER
stay of execution, shall have been filed by the appealing party, unless the suspension is
by virtue of an order of a competent court.
All disputes shall be decided within sixty (60) days after the parties submit the
same for decision or resolution.
The Council shall have the power to issue writs of execution and enforce its deci-
sions with the assistance of local or national police agencies.
Art. 89. The decisions of the Council on water rights controversies may be ap-
11
pealed to the Court of First Instance of the province where the subject matter of the
controversy is situated, within fifteen (15) days from the date the party appealing re-
ceives a copy of the decision, on any of the following grounds; (1) grave abuse of discre-
tion; (2) question of law; and (3) questions of fact and law.
Chapter VIII
Penal Provisions
Art. 90. The following acts shall be penalized by suspension or revocation of the
violator’s water permit or other right to the use of water and/or a fine not exceeding one
thousand pesos (P1,000.00), in the discretion of the Council:
a. Appropriation of subterranean or ground water for domestic use by an overly-
ing landowner without registration required by the Council.
b. Nonobservance of any standard of beneficial use of water.
c. Failure of the appropriator to keep a record of water withdrawal, when re-
quired.
d. Failure to comply with any of the terms or conditions in a water permit or a
water rights grant.
e. Unauthorized use of water for a purpose other than that for which a right or
permit was granted.
f. Construction or repair of any hydraulic work or structure without duly ap-
proved plans and specifications, when required.
g. Failure to install a regulating and measuring device for the control of the vol-
ume of water appropriated, when required.
h. Unauthorized sale, lease, or transfer of water and/or water rights.
i. Failure to provide adequate facilities to prevent or control diseases when re-
quired by the Council in the construction of any work for the storage, diversion, distri-
bution and utilization of water.
j. Drilling of a well without permission of the Council.
_______________________
11
Now Regional trial Court.
678
WATER CODE
k. Utilization of an existing well or ponding or spreading of water for recharging

subterranean or ground water supplies without permission of the Council.
l. Violation of or non-compliance with any order, rules, or regulations of the
Council.
m. Illegal taking or diversion of water in an open canal, aqueduct, or reservoir.
n. Malicious destruction of hydraulic works or structure valued at not exceeding
five thousand pesos (P5,000.00).
Art. 91-A. A fine of not exceeding Three thousand pesos (P3,000.00) or impris-
onment for not more than three (3) years, or both such fine and imprisonment, in the
discretion of the Court, shall be imposed upon any person who commits any of the fol-
lowing acts:
1. Appropriation of water without a water permit, unless such person is ex-
pressly exempted from securing a permit by the provisions of this Code.
2. Unauthorized obstruction of an irrigation canal.
3. Cultivation of a river bed, sand bar, or tidal flat without permission.
4. Malicious destruction of hydraulic works or structure valued at not exceeding
twenty-five thousand pesos (P25,000.00).
Art. 91-B. A fine exceeding Three Thousand Pesos (P3,000.00) but not more
than Six thousand pesos (P6,000.00) or imprisonment exceeding three (3) years but not
more than six (6) years, or both such fine and imprisonment in the discretion of the
Court, shall be imposed on any person who commits any of the following acts:
1. Distribution for public consumption of water which adversely affects the
health and safety of the public.
2. Excavation or enlargement of the opening of a hot spring without permission.
3. Unauthorized obstruction of a river or waterway, or occupancy of a river bank
or seashore without permission.
4. Establishment of a cemetery or a waste disposal area near a source of water
supply or reservoir for domestic municipal use without permission.
5. Constructing, without prior permission of the government agency concerned,
works that produce dangerous or noxious substances, or performing acts that result in
the introduction of sewage, industrial waste, or any substance that pollutes a source of
water supply.
6. Dumping mine tailings and sediments into rivers of waterways without per-
mission.
7. Malicious destruction of hydraulic works or structure valued more than twenty
five thousand pesos (P25,000.00) but not exceeding one hundred thousand pesos
(P100,000.00).
679
WATER
Art. 91-C. A fine exceeding Six thousand pesos (P6,000.00) but not more than
Ten thousand pesos (P10,000.00) or imprisonment exceeding six (6) years but not more
than twelve (12) years, or both such fine and imprisonment, in the discretion of the
Court, shall be imposed upon any person who commits any of the following acts:
1. Misrepresentation of citizenship in order to qualify for water permit.
2. Malicious destruction of a hydraulic works or structure, valued at more than
one hundred thousand pesos (P100,000.00).
Art. 92. If the offense is committed by a corporation, trust, firm, partnership, as-
sociation, or any other juridical person, the penalty shall be imposed upon the presi-
dent, general manager, and other guilty officer or officers of such corporation, trust
firm, partnership, association, or entity, without prejudice to the filing of a civil action
against said juridical person. If the offender is an alien, he shall be deported after serv-
ing his sentence, without further proceedings.
After final judgment of conviction, the Court, upon petition of the prosecution at-
torney in the same proceedings and after due hearing, may, when the public interest so
requires, order suspension of or dissolution of such corporation, trust, firm, partnership,
association, or juridical person.
Art. 93. All actions for offenses punishable under Article 91 of this Code shall be
brought before the proper court.
Art. 94. Actions for offenses punishable under this Code by a fine of not more
than Three thousand pesos (P3,000.00) or by an imprisonment of not more than three
(3) years, or both such fine and imprisonment, shall prescribe in five (5) years; those
punishable by a fine exceeding Three thousand pesos (P3,000.00) but not more than Six
thousand pesos (P6,000.00) or an imprisonment exceeding three (3) years but not more
than six (6) years, or both such fine and imprisonment, shall prescribe in seven (7)
years; and those punishable by a fine exceeding six thousand pesos (P6,000.00) but not
more than Ten thousand pesos (P10,000.00) or an imprisonment exceeding six (6) years
but not more than twelve (12) years, or both such fine and imprisonment, shall pre-
scribe in ten (10) years.
Chapter IX
Transitory and Final Provisions
Art. 95. Within two (2) years from the promulgation of this Code, all claims for a
right to use water existing on or before December 31, 1974 shall be registered with the
Council which shall confirm said rights in accordance with the provisions of this Code,
and shall set their respective priorities.
When priority in time of appropriation from a certain source of supply cannot be
determined, the order of preference in the use of the waters shall be as follows:
a. Domestic and municipal use
680
WATER CODE
b. Irrigation
c. Power generation
d. Fisheries
e. Livestock raising
f. Industrial use
g. Other uses
Any claim not registered within said period shall be considered waived and the use
of the water deemed abandoned, and the water shall thereupon be available for disposi-
tion as unappropriated waters in accordance with the provisions of this Code.
Art. 96. No vested or acquired right to the use of water can arise from acts or
omissions which are against the law or which infringe upon the rights of others.
Art. 97. Acts and contracts under the regime of old laws, if they are valid in ac-
cordance therewith, shall be respected, subject to the limitations established in this
Code. Any modification or extension of these acts and contracts after the promulgation
of this Code shall be subject to the provisions hereof.
Art. 98. Interim rules and regulations promulgated by the Council shall continue
to have binding force and effect, when not in conflict with the provisions of this Code.
Art. 99. If any provision or part of this Code, or the application thereof to any
person or circumstance, is declared unconstitutional or invalid for any reason, the other
provisions or parts therein shall not be affected.
Art. 100. The following laws, parts, and/or provisions of laws are hereby re-
pealed:
a. The provisions of the Spanish Law on Waters of August 3, 1866, the Civil Code
of Spain of 1889, and the Civil Code of the Philippines (Republic Act No. 386) on owner-
ship of waters, easements relating to waters, use of public waters, and acquisitive pre-
scription on the use of waters, which are inconsistent with the provisions of this Code;
b. The provisions of Republic Act No. 6395, otherwise known as the Revised
Charter of National Power Corporation, particularly Section 3, paragraph (f), and Sec-
tion 12, insofar as they relate to the appropriation of waters and the grant thereof;
c. The provisions of Act No. 2152, as amended, otherwise known as the Irrigation
Act; section 3, paragraphs (k) and (m) of Presidential Decree No. 813; Republic Act No.
2056; Section 90, Commonwealth Act No. 137; and,
d. All decrees, laws, acts, parts of acts, Rules of Court, executive orders, and ad-
ministrative regulations which are contrary to or inconsistent with the provisions of
this Code.
Art. 101. This Code shall take effect upon its promulgation.
Done in the City of Manila, this 31st day of December, 1976.
681
WATER
Dear Water, clear water

Playful in all your streams,
As you dash and loiter through life,
Who does not love to sit beside you,
Hear you, feel you,
Perfect in music and movement
— William H. Auden
MMDA Easement Provision Along Pasig River
The Metropolitan Manila Development Authority (MMDA) passed a resolution

(MMDA Resolution No. 3, Series of 1996) adopting a uniform easement of 10 meters
along the riverbanks and esteros (estuarine waterways). This is without prejudice to
other local governments imposing wider easement zones.
Beautiful as it may sound, only one local government (the City of Marikina) has
been implementing this provision. Most of the others, not just in Metro Manila but also
elsewhere in the country have local officials who are either (1) ignorant of the provision
of law mandating an easement zone; (2) too scared of the squatters/informal settlers of
the riverbanks and seashores and therefore lack the political will and cojones to enforce
the law or (3) simply do not give a damn. Many of them prefer constructing roads and
buildings which, to put it gently, are more visibly profitable—politically and financially.
682
WATER CODE
Metro Manila Council, MMDA

Resolution No. 3, Series of 1996
“Water helped ancient man learn those first lessons about the rights of others and respon-
sibility to a larger society.... It became part of the moral and mental legacy parents passed
on to their children.” — M. Meyer, “Water in the Hispanic Southwest”
(Digital Vision)
ADOPTING A UNIFORM “EASEMENT PROVISION” ALONG THE PASIG

RIVER SYSTEM INCLUDING ITS TRIBUTARIES, MAINTAINING A LINEAR PARK
AT THE MINIMUM SETBACK OF TEN (10) METERS FROM EXISTING SHORE-
LINE, BANKS OR STREAMS AND THREE (3) METERS FROM EXISTING ESTEROS
AND CANALS AS PROVIDED FOR IN THE MMC ZONING ORDINANCE NO. 81-01
AND SECTION 51 OF THE PHILIPPINE WATER CODE RESPECTIVELY
WHEREAS, Republic Act 7924 mandates the Metropolitan Manila Development
Authority to formulate and implement policies, standards, programs and projects with
respect to flood control, drainge and sewerage, urban renewal, and environmental en-
hancement;
WHEREAS, the uncontrolled encroachments on esteros, creeks, and rivers by ille-
gally-constructed private structures, including squatter shanties along river banks,
have continually clogged the waterways of the Pasig River and its tributaries resulting
to constant flooding of the streets of Metro Manila;
683
WATER
WHEREAS, there are different “easement” provisions along waterways found in

both the national and local laws and ordinances, i.e. Sec. 51 Philippine Water Code,
Urban-3 meters; Agricultural—20 meters; Art. IX MMC Ordinance No. 81-01—10 me-
ters; DPWH—3-6.6 meters,
has hampered the flood
control and sewerage activi-
ties of the DENR, DPWH,
Presidential Task Force on
Pasig River Rehabilitation,
among others;
WHEREAS, there is a
need to clarify which ease-
ment provisions should be
imposed in Metro Manila;
WHEREAS, in line with
the foregoing premises and
in consonance with the Presi-
dent’s directives to rehabi-
litate the worsening water
quality of the Pasig River
and to relocate the mush-
“A waster of water is a waster of better.” — Old Irish rooming squatters along the
Adage (T. Cayton) river banks, in the interest of
flood control, urban renewal
and environmental management and enhancement, the Metro Manila Council (Coun-
cil), in session assembled, agreed and resolved to adopt a uniform easement provision
along the Pasig River System, including its tributaries;
NOW THEREFORE, be it resolved as it is hereby resolved by the Council pursu-
ant to Sec. 6 of RA 7924, that the Council hereby adopt a uniform “easement provision”
along the Pasig river system including its tributaries, maintaining a lining park or
service road at the minimum setback of ten (10) meters from the existing esteros and
canals as provided for the MMC Ordinance No. 81-01 and Sec. 51 of the Philippine Wa-
ter Code respectively, without prejudice to the LGUs prerogative to impose more strin-
gent easement provisions.
This Resolution shall take effect upon approval.
APPROVED.
684
CIVIL CODE PROVISIONS ON WATERS
Civil Code Provisions on Waters (Republic Act 386)
SEC. 2. The Use of Public Waters
Art. 504. The use of public waters is acquired:

1. By administrative concession;
12
2. By prescription for ten years.”
The extent of the rights and obligations of the use shall be that established, in the
first case, by the terms of the concession, and, in the second case, by the manner and
form in which the waters have been used.
Art. 505. Every concession for the use of waters is understood to be without
prejudice to third persons.
Art. 506. The right to make use of public waters is extinguished by the lapse of
the concession and by non-user for five years.
SEC. 3. The Use of Waters of Private Ownership
Art. 507. The owner of a piece of land on which a spring or brook rises, be it con-
tinuous or intermittent, may use its waters while they run through the same, but after
the waters leave the land they shall become public, and their use shall be governed by
the Special Law of Waters of August 3, 1866, and by the Irrigation Law.
Art. 508. The private ownership of the beds of rainwater does not give a right to
make works or constructions which may change their course to the damage of third
persons, or whose destruction, by the force of floods, may cause such damage.
Art. 509. No one may enter private property to search waters or make use of
them without permission from the owners, except as provided by the Mining Law.
Art. 510. The ownership which the proprietor of a piece of land has over the wa-
ters rising thereon does not prejudice the rights which the owners of lower estates may
have legally acquired to the use thereof.
Art. 511. Every owner of a piece of land has the right to construct within his
property reservoirs for rainwater, provided he causes no damage to the public or to
third persons.
SEC. 4. Subterranean Waters
Art. 512. Only the owner of a piece of land, or another person with his permis-
sion, may make explorations thereon for subterranean waters, except as provided by the
Mining Law.
_______________________
12
But note that under the Water Code, waters cannot be acquired by prescription. Because
the Water Code (P.D. 1067) is a later law than the Civil Code (R.A. 386), the Civil Code provisions
on waters are deemed modified by the Water Code.
685
WATER
Explorations for subterranean waters on lands of public dominion may be made

only with the permission of the administrative authorities.
Art. 513. Waters artificially brought forth in accordance with the Special Law of
Waters of August 3, 1866, belong to the person who brought them up.
Art. 514. When the owner of waters artificially brought to the surface abandons
them to their natural course, they shall become of public dominion.
SEC. 5. General Provisions
Art. 515. The owner of a piece of land on which there are defensive works to
check waters, or on which, due to a change of their course, it may be necessary to recon-
struct such works, shall be obliged, at his election, either to make the necessary repairs
or construction himself, or to permit them to be done, without damage to him, by the
owners of the lands which suffer or are clearly exposed to suffer injury.
Art. 516. The provisions of the preceding article are applicable to the case in
which it may be necessary to clear a piece of land of matter, whose accumulation or fall
may obstruct the course of the waters, to the damage or peril of third persons.
Art. 517. All the owners who participate in the benefits arising from the works
referred to in the two preceding articles, shall be obliged to contribute to the expenses of
construction in proportion to their respective interests. Those who by their fault may
have caused the damage shall be liable for the expenses.
Art. 518. All matters not expressly determined by the provisions of this Chapter
shall be governed by the Special Law of Waters of August 3, 1866, and by the Irrigation
Law.
without the intervention of man descend from the higher estates, as well as the stones
or earth which they carry with them.
The owner of the lower estate cannot construct works which will impede this
casement; neither can the owner of the higher estate make works which will increase
the burden.
Art. 638. The banks of rivers and streams, even in case they are Of private own-
ership, are subject throughout their entire length and within a zone of three (3) meters
along their margins, to the easement of public use in the general interest of navigation,
13
floatage, fishing and salvage.
Estates adjoining the banks of navigable or floatable rivers are, furthermore sub-
ject to the easement of towpath for the exclusive service of river navigation and
floatage.
_______________________
13
Note that the easement provided here is deemed modified by the Water Code. The ease-
ment requirement is now 3 meters for urban areas, 20 meters for agricultural areas, and 40 me-
ters for forest/protected areas.
686
CIVIL CODE PROVISIONS ON WATERS
If it be necessary for such purpose to occupy lands of private ownership, the proper
indemnity shall first be paid.
Art. 639. Whenever for the diversion or taking of water from a river or brook, or
for the use of any other continuous or discontinuous stream, it should be necessary to
build a dam, and the person who is to construct it is not the owner of the banks, or
lands which must support it, he may establish the easement of abutment of a dam, after
payment of the proper indemnity.
Art. 640. Compulsory easements for drawing water or for watering animals can
be imposed only for reasons of public use in favor of a town or village, after payment of
the proper indemnity.
Art. 641. Easements for drawing water and for watering animals carry with
them the obligation of the owners of the servient estates to allow passage to persons
and animals to the place where such easements are to be used, and the indemnity shall
include this service.
Art. 642. Any person who may wish to use upon his own estate any water of
which he can dispose shall have the right to make it flow through the intervening es-
tates, with the obligation to indemnify their owners, as well as the owners of the lower
estates upon which the waters may filter or descend.
Art. 643. One desiring to make use of the right granted in the preceding article
is obliged:
1. To prove that he can dispose of the water and that it is sufficient for the use
for which it is intended;
2. To show that the proposed right of way is the most convenient and the least
onerous to third persons;
3. To indemnify the owner of the servient estate in the manner determined by
the laws and regulations.
Art. 644. The easement of aqueduct for private interest cannot be imposed on
buildings, courtyards, annexes, or outhouses, or on orchards or gardens already existing.
Art. 645. The easement of aqueduct does not prevent the owner of the servient
estate from closing or fencing it, or from dominant estate, or upon a schedule of alter-
nate days or hours.
Art. 646. For legal purposes, the easement of aqueduct shall be considered as
continuous and apparent, even though the flow of the water may not be continuous, or
its use depends upon the needs of the dominant estate, or upon a schedule of alternate
days or hours.
Art. 647. One who, for the purposes of irrigating or improving his estate, has to
construct a stop lock or sluice gate in the bed of the stream from which the water is to
be taken may demand that the owners of the banks permit its construction, after pay-
687
WATER
ment of damages, including those caused by the new easement to such owners and to
the other irrigators.
Art. 648. The establishment, extent, form, and conditions of the servitudes of
waters, to which this section refers, shall be governed by the special laws relating
thereto insofar as no provision therefore is made in this Code.
The Spanish Law on Waters of 1866
Although this law is more than 100 years old, the principles and provisions, in so
far as they are not inconsistent with the Civil Code, and provisions of the Water Code,
continue to be valid and effective.
In a 1977 case, the
Supreme Court of the
Philippines had occasion to
use the Spanish Law of
Waters in determining the
ownership of a piece of
land that formed along the
coast of Manila Bay. In
this case the court ruled
that a piece of land that
formed along the coastal
zone by the action of the
waves and the accretion of
sand is public land and not
owned by the littoral
owner. (Littoral refers to
the land adjoining the
seashore. For rivers, the
term used is “riparian”. “If there is magic on this planet, it is contained in water”—
Loran Eisley (A. Oposa)
A full copy of the
Spanish Law of Waters of 1866, an antiquated law but whose rules and principles con-
tinued to be valid and effective, is available upon request.
688
LAGUNA LAKE DEVELOPMENT AUTHORITY
LAGUNA LAKE DEVELOPMENT AUTHORITY (REPUBLIC ACT 4850)
Chapter I
Declaration of Policy and Creation of Authority
14
SECTION 1. Declaration of Policy.—It is hereby declared to be the national
policy to promote and accelerate the development and balanced growth of the Laguna
Lake area and the surrounding provinces, cities, and towns hereinafter referred to as
the region, within the context of the national and regional plans and policies for social
and economic development and to carry out the development of the Laguna Lake region
with due regard and adequate provisions for environmental management and control,
preservation of the quality of human life and ecological systems, and the prevention of
undue ecological disturbances, deterioration, and pollution.
SEC. 2. Laguna Lake Development Authority Created.—For the purpose of car-
rying out and effecting the declared policy, as provided for in Section 1 hereof, there is
hereby created a body corporate to be known as the Laguna Lake Development Author-
ity, hereinafter referred to as the Authority, which shall be organized within one hun-
dred twenty (120) days after the approval of this Act. The Authority shall execute the
powers and functions herein vested and conferred upon it in such a manner as will, in
its judgment, aid to the fullest possible extent in carrying out the aims and purposes set
forth below. This Act may be known as the Laguna Lake Development Authority Act of
1966.
SEC. 3. Location of Principal Office.—The Authority shall maintain its principal
office at a convenient place within the region, but it may have branch offices in such
other places as are necessary for the proper conduct of its business.
15
SEC. 4. Special Powers and Functions.— The Authority shall exercise and per-
form the following powers and functions:
a. To make a comprehensive survey of the physical and natural resources and po-
tentialities of the Laguna Lake region particularly its social and economic conditions,
hydrologic characteristics, power potentials, scenic and tourist spots, regional problems,
and on the basis thereof, to draft a comprehensive and detailed plan designed to con-
serve and utilize optimally the resources within the region particularly Laguna de Bay
to promote the region’s rapid social and economic development and upon approval by
the National Economic and Development Authority (NEDA) Board of such plan, to im-
plement the same including projects in line with said plan: Provided, That implementa-
tion of all fisheries plans and programs of the authority shall require prior consensus of
the Bureau of Fisheries and Aquatic Resources to ensure that such plans and programs
are consistent with the national fisheries plans and programs. For the purpose of said
_______________________
14
As amended by Sec. 1, P.D. No. 813, 17 October 1975.
15
689
WATER
survey, public agencies shall submit and private entities shall provide necessary data
except such data which under existing laws are deemed inviolable.
b. To provide the machinery for extending the necessary planning, management,
and technical assistance to prospective and existing investors in the region;
c. To make recommendation to the proper agencies on the peso or dollar financ-
ing, technical support, physical assistance, and, generally, the level of priority to be
accorded agricultural, industrial, and commercial projects, soliciting or requiring direct
help from or through the government or any of its instrumentalities;
d. To pass upon and approve or disapprove all plans, programs, and projects pro-
posed by local government offices/agencies within the region, public corporations, and
private persons or enterprises where such plans, programs, and/or projects are related
to those of the Authority for the development of the region as envisioned in this Act.
The Authority shall issue the necessary clearance for approved proposed plans, pro-
grams, and projects within thirty (30) days from submission thereof unless the propos-
als are not in consonance with those of the Authority or that those will contribute to the
unmanageable pollution of the Laguna Lake waters or will bring about the ecological
imbalance of the region: Provided, further, That the Authority is hereby empowered to
institute necessary legal proceeding against any person who shall commence to imple-
ment or continue implementation of any project, plan or program within the Laguna de
Bay region without previous clearance from the Authority: Provided, furthermore, That
any local government office, agency, public corporation, private person, or enterprise
whose plans, programs, and/or projects have been disapproved by the Authority may
appeal the decision of the Authority to the NEDA within fifteen (15) days from receipt
of such disapproval whose decision on the matter shall be final. Reasonable processing
fees as may be fixed by the Authority’s Board of Directors shall be collected by the Au-
thority for the processing of such plans, programs and/or projects: Provided, finally,
That expansion plans shall be considered as new plans subject to review of the Author-
ity and to payment of the processing fees.
The Authority and national and local government offices, agencies, and public cor-
porations shall coordinate their plans, programs, projects, and licensing procedures
with respect to the Laguna Lake region for the purpose of drawing up a Laguna Lake
development plan which shall be binding upon all parties concerned upon approval of
the NEDA Board.
e. To engage in agriculture, industry, commerce, or other activities within the re-
gion which may be necessary or directly contributory to the socioeconomic development
of the region, and, for this purpose, whether by itself or in cooperation with private
persons or entities, to organize, finance, invest in, and operate subsidiary corporations:
Provided, That the Authority shall engage only, unless public interest requires other-
wise, in those activities as are in the nature of new ventures or are clearly beyond the
scope, capacity, or interest of private enterprises due to consideration of geography,
technical or capital requirements, returns on investment, and risk;
690
f. To plan, program, finance, and/or undertake infrastructure projects such as

river, flood, and tidal control works, wastewater and sewerage works, water supply,
roads, portworks, irrigation, housing and related works, when so required within the
context of its development plans and programs including the readjustment, relocation
or settlement of population within the region as may be necessary and beneficial by the
Authority: Provided, That should any project be financed wholly or in part by the Au-
thority, it is hereby authorized to collect reasonable fees and tolls as may be fixed by its
Board of Directors subject to the approval of the NEDA Board from users and/or benefi-
ciaries thereof to recover costs of construction, operation and maintenance of the pro-
jects: Provided, further, That if the Authority should find it necessary to undertake such
infrastructure projects which are classified, as social overhead capital projects as de-
termined by the NEDA, the Authority shall be authorized to receive financial assistance
from the government in such amount as may be necessary to carry out the said projects
subject to such terms and condition that may be imposed by the government, upon rec-
ommendation of the NEDA Board: Provided, finally, That such amount as may be nec-
essary for the purpose is hereby authorized to be appropriated out of the funds of the
National Treasury not otherwise appropriated.
g. To make an annual report to the stockholders regarding the operation of the
Authority more particularly a statement of its financial conditions, activities under-
taken, progress of projects and programs and plans of actions for the incoming years:
Provided, however, That a majority of the stockholders may require the Authority to
submit a report or reports other than the annual report herein required, which report
must be submitted within a period of thirty (30) days from notice thereof;
h. To lend or facilitate the extension of financial assistance and/or act as surety
or guarantor to worthwhile agricultural, industrial and commercial enterprises;
i. To reclaim or cause to be reclaimed portions of the lake or undertake reclama-
tion projects and/or acquire such bodies of land from the lake which may be necessary to
accomplish the aims and purposes of the Authority subject to the approval of the NEDA
Board: Provided, That the land so reclaimed shall be the property of the Authority and
title thereto shall be vested in the Authority: Provided, further, That the resulting lake
shore shall continue to be owned by the national government.
j. The provisions of existing laws to the contrary notwithstanding, to engage in
fish production and other aquaculture projects in Laguna de Bay and other bodies of
water within its jurisdiction and in pursuance thereof to conduct studies and make
experiments, whenever necessary, with the collaboration and assistance of the Bureau
of Fisheries and Aquatic Resources, with the end in view of improving present tech-
niques and practice. Provided, That until modified, altered or amended by the proce-
dure provided in the following subparagraph, the present laws, rules and permits or
16
authorizations remain in force;
_______________________
16
New subsection introduced by Sec. 3, P.D. No. 813, 17 October 1975.
691
WATER
k. For the purpose of effectively regulating and monitoring activities in Laguna

de Bay, the Authority shall have exclusive jurisdiction to issue new permits for the use
of the lake waters for any projects or activities in or affecting the said lake including
navigation, construction, and operation of fishpens, fish enclosures, fish corrals, and the
like, and to impose necessary safeguards for lake quality control and management and
to collect necessary fees for said activities and projects: Provided, That the fees collected
for fisheries may be shared between the Authority and other government agencies and
political subdivisions in such proportion as may be determined by the President of the
Philippines upon recommendation of the Authority’s Board: Provided, further, That the
Authority’s Board may determine new areas of fisheries development or activities which
it may place under the supervision of the Bureau of Fisheries and Aquatic Resources
taking into account the overall development plans and programs for Laguna de Bay and
related bodies of water: Provided, finally, That the Authority shall, subject to the ap-
proval of the President of the Philippines, promulgate such rules and regulations which
shall govern fisheries development activities in Laguna de Bay which shall take into
consideration among others the following: socioeconomic amelioration of bona fide resi-
dent fisherman whether individually or collectively in the form of cooperatives, lake-
shore town development, a master plan for fishpen construction and operation, commu-
nal fishing ground for lakeshore town residents, and preference to lakeshore town resi-
17
dents in hiring laborers for fishery projects.
l. To require the cities and municipalities embraced within the region to pass
appropriate zoning ordinances and other regulatory measures necessary to carry out
the objectives of the Authority and enforce the same with the assistance of the Author-
18
ity.
m. The provisions of existing laws to the contrary notwithstanding, to exercise
water rights over public waters within the Laguna de Bay region whenever necessary to
19
carry out the Authority’s projects;
n. To act in coordination with existing governmental agencies in establishing wa-
ter quality standards for industrial, agricultural and municipal waste discharges into
the lake and to cooperate with said existing agencies of the government of the Philip-
pines in enforcing such standards, or to separately pursue enforcement and penalty
actions as provided for in Section 4 (d) and Section 39A of this Act: Provided, That in
case of conflict on the appropriate water quality standard to be enforced, such conflict
20
shall be resolved through the NEDA Board;
o. To develop water supply from ground and/or lake water resources for munici-
pal, agricultural, and industrial usages, in coordination with the National Water Re-
sources Council created by Presidential Decree No. 424 dated March 28, 1974 or its
_______________________
17
Ibid.
18
Ibid.
19
Ibid.
20
Ibid.
692
successors in interests, and to enter into agreements with municipalities, governmental

agencies, and corporations and the private sector to supply, distribute, and market such
21
water;
p. Undertake studies on the improvement and maintenance of the desirable lake
water quality of Laguna de Bay, and in pursuance thereof, prepare a water quality
management prog-
ram on a continuing
basis, subject to the
approval of the
NEDA, which the
Authority shall carry
out with the assis-
tance and support of
all national and local
government units in-
volved in water qua-
22
lity management.
SEC. 4A.
Compensation for da-
mages to the water
and aquatic resour-
ces of Laguna de Bay
and its tributaries
resulting from failure
to meet established
water and effluent “In sweet water there is a pleasure ungrudged by anyone.”—Ovid,
quality standards or 13 A.D. (T. Cayton)
from such other
wrongful act or omission of a person, private or public, juridical or otherwise, punish-
able under the law shall be awarded to the Authority to be earmarked for water quality
23
control and management.
SEC. 4B. The Authority is hereby empowered to collect annual fees as provided
for in Section 4 (j) herein, for the use of the lake waters and its tributaries for all benefi-
cial purposes including recreation, municipal, industrial, agricultural, fisheries, naviga-
tion, and waste disposal purposes. All the fees so collected shall be used for the man-
agement and development of the lake and its watershed areas: Provided, That the rates
_______________________
21
Ibid.
22
Ibid.
23
Inserted by Sec. 4, P.D. No. 813, 17 October 1975.
693
WATER
of the fees to be collected shall be subject to the approval of the President of the Philip-
24
pines.
Chapter II
Corporate Powers
25
SEC. 5. The Powers of the Authority.—The Authority shall have the following
powers and functions:
a. To succeed on its corporate name;
b. To sue and be sued in such corporate name;
c. To adopt, alter, and use a corporate seal;
d. To adopt, amend, and repeal its by-laws;
e. To enter into contracts of any kind and description, to enable it to carry out its
purposes and functions under this Act;
f. To acquire, buy, purchase, hold, or lease such personal and real property as it
deems necessary or convenient in the transaction of its business and/or in relation with
carrying out its purposes under this Act; and to lease, mortgage, sell, alienate, or oth-
erwise encumber, utilize, exploit or dispose any such personal and real property held by
it, subject to prior or existing individual or communal right of private parties or of the
government or any agency or enterprise thereof.
g. To exercise the right of eminent domain whenever the Authority deems it nec-
essary for the attainment of the objectives of the Authority under this Act;
h. To borrow funds from any local or foreign financial institutions independent of
the bonds it may issue or may continue to issue, to carry out the purposes of this Au-
thority under this Act;
i. To purchase, hold, alienate, mortgage, pledge, or otherwise dispose of the
shares of the capital stock of, or any bond, securities, or other evidence of indebtedness
created by any other corporation, co-partnership, or government agencies or instrumen-
talities; and while the owner of said stock to exercise all the rights or ownership, includ-
ing the right to vote thereon; Provided, That the Authority shall not invest its funds in
any highly risky debt instruments issued without recourse to commercial banks or in-
vestment houses as well as in any highly speculative stocks.
j. For carrying on its business, or for the purpose of attaining or furthering any
of its objectives, to perform any and all acts which a corporation, co-partnership, or
natural person is authorized to perform under the laws now existing or which may be
enacted hereafter.
_______________________
24
Ibid.
25
As amended by Secs. 5 and 6, P.D. No. 813, 17 October 1975.
694
k. To issue such rules and regulations as may be necessary to effectively carry

out the powers and purposes herein provided including the plans, programs and pro-
jects of the Authority, subject to the approval of the NEDA, the same to take effect
thirty (30) days after publication thereof, in a newspaper of general circulation.
26
SEC. 6. Capitalization and Financing.—The Authority shall have an author-
ized capital of one hundred million pesos (P100,000,000) of which the amount of fifty-
one million pesos (P51,000,000) shall be subscribed by the national government and
forty-nine million pesos (P49,000,000) shall be subscribed by cities, provinces, munici-
palities, government corporations, and private investors; Provided, That at least
twenty-five percent (25%) of the national government’s subscription shall be fully paid:
Provided, further, That the authorized capital stock may be increased upon the recom-
mendation of NEDA.
The authorized capital stock of one hundred million pesos (P100M) shall be di-
vided into one million (1,000,000) shares of stock with a par value of one hundred pesos
(P100) per share.
The shares of stock of the Authority shall be divided into (1) 700,000 common
shares (voting) and (2) 300,000 preferred shares (nonvoting) with such fixed rates of
return as shall be determined by the Board. Of the common shares of 700,000 a mini-
mum of 400,000 shares shall be subscribed by the national government and at least
sixty percent (60%) of the balance shall be subscribed by the provinces of Laguna and
Rizal in such proportion as may be agreed upon by both provincial governments in ac-
cordance with their respective capacities. The remaining balance of the common shares
shall be open for subscription to cities, provinces, municipalities, and private investors.
Of the preferred shares of stock of 300,000, a minimum of 110,000 shares shall be
subscribed by the national government. The balance of the preferred shares shall be
available for subscription to cities, provinces, municipalities, government corporations,
and private investors; Provided, however, That preferred shares shall enjoy preference
with respect to distribution of dividends and assets in case of dissolution.
SEC. 7. Powers of Municipal Corporations to Subscribe.—For purposes of attain-
ing the purposes of this Authority, municipalities, cities and provinces are hereby au-
thorized to subscribe, own, buy and hold shares of stock of this Authority.
27
SEC. 8. Operating Expenses.—For the operating expenses of the Authority, the
sum of one million pesos (P1,000,000) is hereby appropriated annually for five (5) years
from the general fund of the national government not otherwise appropriated from the
date of approval of this Decree.
The Board of Directors may appropriate out of the funds of the Authority such as
may be needed or necessary for its operating expenses.
_______________________
26
27
695
WATER
28
SEC. 9. Power to Incur Debts and Issue Bonds.—Whenever the Board of Direc-
tors may deem it necessary for the Authority to incur indebtedness or to issue bonds to
carry out the provisions of this Act, it shall by resolution so declare and state the pur-
pose for which the proposed debt is to be incurred. The resolution shall be confirmed by
the affirmative vote of the stockholders representing a majority of the subscribed capi-
tal stock outstanding and entitled to vote.
The Authority shall submit to the NEDA Board and the Monetary Board of the
Central Bank for approval its proposal to incur indebtedness or to issue bonds. This
shall be considered authorized upon approval of the President of the Philippines.
SEC. 10. Bond Limit.—The bonds shall be issued in such amounts as will be
needed at any one time, taking into account the rate at which said bonds may be ab-
sorbed by the buying public and the fund requirements of projects ready for execution,
and considering further a proper balanced productive and nonproductive projects so
that inflation shall be held to the minimum.
SEC. 11. Form, Rates of Interest, etc. of Bonds.—The Board of Directors shall
prescribe the form, rates of interest, denominations, maturities, negotiability, converti-
bility, call and redemption features, and all other terms and conditions of issuance,
placement, sale, servicing, redemption, and payment of all bonds issued by the Author-
ity under this Act.
The bonds issued by virtue of this Act may be made payable both as to principal
and interest in Philippine currency or any readily convertible foreign currency; said
bonds shall be receivable as security in any transaction with the government in which
such security is required.
SEC. 12. Exemption from Tax.—The Authority shall be exempt from all taxes,
licenses, fees, and duties, incidental to its operations. This exemption shall extend to its
subsidiary corporation: Provided, That its subsidiary corporations shall be subject to all
said taxes, licenses, fees, and duties five (5) years after their establishment under a
graduated scale as follows: twenty percent (20%) of all said taxes during the sixth year,
forty percent (40%) of all said taxes during the seventh year, sixty percent (60%) of all
said taxes during the eighth year, eighty percent (80%) of all said taxes during the
ninth year, and one hundred percent (100%) of all taxes during the tenth year, after
said establishment. Such examination shall include any tax or fee imposed by the gov-
ernment on the sale, purchase or transfer of foreign exchange. All notes, bonds, deben-
tures, and other obligations issued by the Authority shall be exempt from all taxes both
as to principal and interest, except inheritance and gift taxes.
SEC. 13. Sinking Fund.—A sinking fund shall be established in such manner
that the total annual contribution thereto accrued at such rate of interest as may be
determined by the Board of Directors as confirmed by the stockholders representing a
_______________________
28
696
majority of the subscribed capital stock outstanding and entitled to vote, shall be suffi-
cient to redeem at maturity the bonds issued under this Act.
Such funds shall be under the custody of the treasurer of the Authority who shall
invest the same in such manner as the Board of Directors may direct; charge all ex-
penses of investment to said sinking fund, and credit the same with the interest on
investment and other income belonging to it.
SEC. 14. Guarantee by
“There is too little public recognition of how much we all
the Government.—The Repub- depend upon farmers as stewards of our soil, water and
lic of the Philippines hereby wildlife resources.”—John Kennedy
guarantees the payment by the
Authority of both the principal and the interest of the bonds, debentures, collaterals,
notes or such other obligations issued by the Authority by virtue of this Act, and shall
pay such principal and interest in the event that the Authority fails to do so. In case the
Authority shall be unable to pay the said principal and interest, the Secretary of Fi-
nance shall pay the amount thereof which is hereby appropriated out of any funds in
the National Treasury not otherwise appropriated, and thereupon, to the extent of the
amounts so paid, the government of the Republic of the Philippines shall succeed to all
rights of the holders of such bonds, debentures, collaterals, notes or other obligations,
unless the sum so paid by the Republic of the Philippines shall be refunded by the Au-
thority within a reasonable time.
Chapter III
Management and Personnel
29
SEC. 15. Incorporation.—The members of the first Board of Directors shall be
elected by the stockholders and the incorporation shall be held to have been effected
from the date of the first meeting of such Board.
30
SEC. 16. Board of Directors: Composition.—The corporate powers shall be
vested in and exercised by a Board of Directors, hereinafter referred to as the Board,
which shall be composed of eight (8) members, to wit: the Executive Secretary, the Sec-
retary of Economic Planning, the Secretary of Natural Resources, the Secretary of In-
dustry, a representative of Laguna Province, who shall be designated by the Provincial
Board of Laguna; a representative of Rizal Province to be designated by its Provincial
Board; the General Manager of the Authority to be appointed by the President of the
Philippines, and a representative of the private investors, likewise to be appointed by
the President of the Philippines from among a list of recommendees to be submitted by
the private investors: Provided, That the incumbent representative of the private inves-
tors shall continue as member until the President appoints his successor. The Board of
_______________________
29
30
697
WATER
Directors shall elect annually from among their members a chairman and a vice chair-
man. There shall be a Corporate Secretary who shall be appointed by the Board.
The officials next in rank to the abovementioned member shall serve as permanent
alternate members and shall attend meetings of the Board in the absence of their prin-
cipals and receive the corresponding per diems.
SEC. 17. Acting Chairman.—In case of vacancy in the position of chairman, or
in the absence of or temporary incapacity of the chairman, the vice chairman shall act
as such until a new chairman is duly elected by the Board.
(Sections 18 and 19 were repealed by Presidential Decree No. 813, Section 19,
promulgated on October 17, 1975.)
SEC. 18. Election and tenure.—The first members of the Board shall be elected
in accordance with the provisions of Section fifteen of this Act, whose terms of office
shall be as follows: two at the end of the first year; two at the end of the second year;
two at the end of the third year; one at the end of the fourth year. Thereafter, the suc-
ceeding members of the Board of Directors shall serve the term of four (4) years from
the date of the election.
SEC. 19. Vacancy before expiration of terms.—Any member elected to fill any va-
cancy in the Board occurring prior to the expiration of the term for which his predeces-
sor was elected shall serve only for the unexpired period.
SEC. 20. Effect of Vacancies; Quorum.—Vacancies in the Board, as long as there
shall be four members in office, shall not impair the powers of the Board to execute the
functions of the Authority. The affirmative vote of four (4) members of the Board shall
be necessary at all times to pass or approve any act or resolution.
31
SEC. 21. Qualifications of Directors.—All members of the Board shall be citi-
zens and residents of the Philippines. They shall have demonstrated executive compe-
tence and experience in the field of public administration, economic planning, resource
management, or in the establishment and management of large agricultural, industrial
or commercial enterprises. No person shall be nominated as member of the Board
unless he be of unquestioned integrity and competence.
SEC. 22. Prohibition Against “Conflict of Interest”.—No member of the Board
shall be financially interested, directly or indirectly, in any contract entered into by the
Authority or in any special privileges granted by the Authority during his term of office.
All contracts entered into in violation of this provision shall automatically be null and
void. Any member of the Board found violating the provisions of this section by two-
thirds (2/3) vote of the Board shall automatically be disqualified from serving his unex-
pired term, and he shall furthermore be perpetually disqualified for membership in the
said Board.
_______________________
31
698
SEC. 23. Removal, Courtesy Resignation.—A member of the Board may be re-
moved from office by a vote of the stockholders holding or representing three-fourths
(3/4) of the subscribed capital stock outstanding and entitled to vote. No member of the
Board shall be required to submit a courtesy resignation at any time during his term of
office.
32
SEC. 24. Board Meetings.—The Board shall meet at least once a month. The
Board shall be convoked by the chairman or upon written request signed by a majority
of the members.
33
SEC. 25. Per Diems and Allowances.—The members of the Board shall receive
for every meeting attended a per diem to be determined by the Board: Provided, That in
no case will the total amount received by each exceed the sum of one thousand pesos
(P1,000.00) for any one month. Members of the Board shall be entitled to commutable
transportation and representation allowances in the performance of official functions
for the Authority as authorized by the Board the aggregate amount of which shall not
exceed one thousand pesos (P1,000.00) for any one month.
34
SEC. 25A. Powers and Functions of the Board of Directors.—
a. To formulate, prescribe, amend, and repeal rules and regulations to govern the
conduct of business of the Authority;
b. To appoint and fix the compensation of all officials from division heads and
above, and others of comparable rank including the assistant general manager upon the
recommendation of the general manager;
c. By a majority vote of all members of the Board, to suspend, remove, or other-
wise discipline for just cause all officials appointed by the Board;
d. To approve the annual and/or supplemental budgets of the Authority; and
e. To do such other acts and perform such other functions as may be necessary to
carry out the provisions of this charter.
35
SEC. 26. Powers and Functions of the General Manager.—The General Man-
ager shall be the chief executive of the Authority. As such, he shall have the following
powers and duties:
a. Submit for consideration of the Board the policies and measures which he be-
lieves to be necessary to carry out the purposes and provisions of this Act;
b. Execute and administer the policies, plans, programs, and projects approved
by the Board;
_______________________
32
33
34
35
699
WATER
c. Direct and supervise the operation and internal administration of the Author-
ity. The General Manager may delegate certain of his administrative responsibilities to
other officers of the Authority subject to the rules and regulations of the Board.
d. Appoint officials and employees below the rank of division heads to positions in
the approved budget upon written recommendation of the division head concerned using
as guide the standard set forth in the Authority’s merit system;
e. Submit quarterly reports to the Board on personnel selection, placement, and
training;
f. Submit to the NEDA an annual report and such other reports as may be re-
quired, including the details of the annual and supplemental budgets of the Authority,
and
g. Perform such other functions as may be provided by law.
36
SEC. 29. Compensation.—The General Manager shall receive a compensation
of at least thirty-six thousand pesos (P36,000.00) per annum which shall be charged
against the annual appropriation of the Authority for operating expenses. The Board of
Directors may provide per diems and allowances for the General Manager.
SEC. 30. Residence.—The General Manager shall establish his residence within
the region. The General Manager shall not, during his term of office, engage in any
business or profession or calling other than those connected in the performance of his
official duties as General Manager of the Authority.
37
SEC. 31. Activities of the Authority: Key Officials.—In carrying out the activi-
ties of the Authority, the General Manager shall be assisted by an Assistant General
Manager who shall have such powers, duties, and functions that may be delegated to
him by the General Manager, and shall act as General Manager in the absence of or
during the temporary incapacity of and/or until such time as a new General Manager is
duly appointed.
The Authority shall have the following divisions under the direct supervision and
control of the General Manager:
a. An administrative division which shall be responsible for providing services re-
lating to personnel, training, information, records, supplies, general services, equip-
ment, and security;
_______________________
36
37
700
b. A legal division, to be headed by a legal counsel who shall represent the Au-
thority in legal actions and proceedings. This division shall be responsible for providing
staff advice and assistance on legal matters;
c. A finance division which shall be responsible for providing staff advice and as-
sistance on budgetary and financial matters, and safekeeping of corporate assets;
d. A project management division which shall be responsible for the operation of
approved projects, project evaluation, and management improvement matters;
e. A planning and project development division which shall be responsible for
providing services relating to planning, programming, statistics, and project develop-
ment; and
f. An engineering and construction division which shall be responsible for provid-
ing services relating to detailed engineering plans and the construction and mainte-
nance of project facilities.
The business and activities of each of these divisions shall be directed by an officer
to be known as its Division Head.
The Board may create such other divisions and positions as may be deemed neces-
sary for the efficient, economical, and effective conduct of the activities of the Authority.
38
SEC. 32. Merit and Compensation System.—All officials, agents, and employ-
ees of the Authority shall be selected and appointed on the basis of merit and fitness in
accordance with a comprehensive and progressive merit system to be established by the
Authority. The recruitment, transfer, promotion, and dismissal of all personnel of the
authority, including temporary workers, shall be governed by such merit system: Pro-
vided, That the regular professional and technical personnel of the Authority shall be
exempt from the coverage of the classification and compensation plans of the WAPCO
and Civil Service rules and regulations: Provided, however, That such personnel shall
be permanent in status and shall be entitled to the benefits and privileges normally
accorded to government employees, such as retirement, GSIS insurance, leave, and
similar matters: Provided, further, That the Director General of the NEDA shall review
and recommend the approval of the staffing pattern for professional and technical per-
sonnel of the Authority including modifications thereof as may be necessary for five
years from the date of approval of this Decree.
39
SEC. 34A. Supervision by the NEDA.—The Authority shall be directly under
the NEDA for policy and program integration.
_______________________
38
39
Inserted by Sec. 25, P.D. No. 813, 17 October 1975 suspended by E.O. No. 149, s. 1993
with transfer of LLDA to DENR.
701
WATER
40
SEC. 34B. Submission of Financial Statement to NEDA.—The Authority shall
submit audited financial statements to NEDA within sixty (60) days after the close of
the fiscal year, and it shall continue to operate on the basis of not more than the preced-
ing year’s budget until the said financial statements shall have been submitted.
41
SEC. 34C. Management Audit by the NEDA.—The NEDA, may, at its own in-
stance, initiate a management audit of the Authority when there is a reasonable ground
to believe that the affairs of the Authority have been mismanaged. Should such audit
indicate mismanagement, the NEDA shall take such appropriate measures as may be
required by circumstances.
SEC. 35. Minimum Wage.—All contracts entered into by the Authority which
require the employment of persons shall contain provision that not less than the mini-
mum wage fixed by law shall be paid to such persons so employed.
SEC. 36. Plans to Be Formulated Within One Year.—Upon its organization, the
Board of Directors shall formulate and report to the stockholders with the utmost expe-
ditious manner, but in no case longer than one (1) year, its plans and recommendations
for the accelerated and balanced development of the region in accordance with the aims
and purposes of this Act.
SEC. 37. Supplies and Services Other than Personnel.—All purchases of supplies
or contracts for services, except for personnel services, entered into by the Authority
shall be done only after the proper bidding is held. Bidding shall not be required when:
(1) the amount involved is five thousand pesos (P5,000.00) or less; (2) an emergency, as
certified to by the General Manager, requires immediate delivery of the supplies or
performance of the services: Provided, That in comparing bids and making awards, the
Authority shall consider such factors as the cost and relative quality and adaptability of
supplies or services; the bidders’ financial responsibility, skill, experience, integrity, and
ability to furnish repairs and maintenance services; the time of delivery or performance
offered; and the compliance with the specifications desired.
SEC. 38. Auditing.—The Board of Directors shall provide and appoint an audi-
tor who shall formulate an auditing system for the Authority. The Auditor shall make a
semestral and/or annual report covering the financial conditions and operation of the
Authority to the Board. These auditing reports shall contain a statement of the re-
sources and liabilities, including earnings and expenses, the amount of paid-up capital
stock, surplus, reserves, and profits, as well as losses, bad debts and such other facts
which, under auditing rules and regulations, are considered necessary to accurately
described the financial conditions and operation of the Authority. The Auditor shall
report and be directly responsible to the Board.
SEC. 39. (This provision was repealed by Presidential Decree No. 813, Section
26, promulgated on October 17, 1975.)
_______________________
40
41
702
42
SEC. 39A. Penal and Civil Liability Clause.—Any person, natural or juridical,
who shall violate any of the provisions of this Act or any rules or regulations promul-
gated by the Authority pursuant thereto shall be liable to imprisonment of not exceed-
ing three years or to a fine not exceeding five thousand pesos (P5,000.00) or both at the
discretion of the Court.
If the violator be a corporation, partnership or association, the officer or officers of
the organization concerned shall be liable therefore.
The authority is hereby authorized to pursue separate civil actions for damages
resulting from infractions of the provisions of this Act, rules or regulations issued pur-
suant thereto and/or conditions embodied in the clearances or permits issued by the
Authority.
SEC. 40. Separability Clause.—The provisions of this Act are hereby declared to
be separable, and in the event any one or more such provisions are held unconstitu-
tional, they shall not affect the validity of other provisions.
43
SEC. 40A. Transitory Provision.—When the Regional Development Council for
the region becomes operational, the socioeconomic planning functions as envisioned
under this Charter shall be assumed by the aforementioned Regional Development
Council in accordance with the provisions of the Integrated Reorganization Plan, as
amended. All incumbent officials and employees shall continue in office and those quali-
fied shall have preference in filling up new positions that may be created as conse-
quence of this Decree.
44
1. Act — Whenever used in this Act, shall refer to the enabling Act creating the
Laguna Lake Development Authority;
2. Authority — Whenever cited in this Act shall mean the Laguna Lake Devel-
opment Authority;
3. Board — The word Board shall always refer to the Board of Directors of the
Laguna Lake Development Authority;
4. Region — The word region in this connection means the Laguna Lake area
proper comprising the provinces of Rizal and Laguna and the cities of San Pablo, Ma-
nila, Pasay, Quezon, and Caloocan;
5. Government instrumentalities, agencies, or entities — Whenever used in this
Act shall mean instruments of the national or local governments vested with powers to
accomplish a definite government aim or purpose;
6. Municipal corporation — Whenever used in this Act shall mean one that is or-
ganized for political purposes with political powers exercised for the good of the public,
_______________________
42
43
44
Amended by Sec. 29, P.D. No. 813, 17 October 1975.
703
WATER
subject to legislative control and with officers of the government as its members to ad-
minister or discharge public duties;
7. Government corporation — Whenever used shall refer to corporations engaged
in performing functions impressed with public interest;
8. Investors — With regards to this Act, investors shall include public and private
investors whether foreign or local;
9. External auditor — Shall mean a firm or a person hired outside the Authority
or agency to audit the books of accounts of another corporation or agency, examine fi-
nancial records, prepare audit reports on findings in the operation of the agency, review
the statement on the performance report of the Authority.
10. Subsidiary corporation — A corporation that is organized or a corporation al-
ready in existence wherein at least fifty-one percent (51%) of its shares of stock are
owned or controlled by the organizing or subscribing Authority, in this case, the Laguna
Lake Development Authority, to carry out or accomplish its purposes.
11. Laguna Lake or lake — Whenever used in this Act, the same shall refer to La-
guna de Bay which is that area covered by the lake water when it is at the average
annual maximum lake level of elevation 12.50 meters, as referred to a datum 10.00
meters below mean lower low water (MLLW). Lands located at and below such eleva-
tion are public lands which form part of the bed of said lake.
SEC. 42. Laws repealed.—All acts, charters, executive orders, administrative
orders, proclamations, rules and regulations, or parts thereof in conflict with this Act
are hereby repealed or modified accordingly.
SEC. 43. Effectivity.—This Act shall take effect upon its approval.
Additional Powers of LLDA (Executive Order No. 927)
Whereas, the land and the waters of the Laguna Lake Region are limited natural
resources requiring judicious management for their optimal utilization to insure renew-
ability and to preserve the ecological balance;
Whereas, the increasing pressure of urban growth and development dictate the
need for a more rational allocation of the limited land and lake resources of the region
responsive to the demands of the various beneficial users thereof;
Whereas, the competing options for the use of such resources and conflicting juris-
dictions over such uses are creating undue constraints on the institutional capabilities
of LLDA in the light of the limited powers vested in it by its charter;
Whereas, for LLDA to effectively perform its role, a thorough corporate reorgani-
zation aimed at: regrouping its various units for better administrative control and di-
rection; expansion of its field offices; strengthening of the linkages with other govern-
ment and private institutions; broadening of its financial base and revenue generations;
704
ADDITIONAL POWERS OF LLDA
and, enlarging its prerogatives of monitoring, licensing and enforcement, would be nec-
essary.
the powers vested in me by the Constitution and the authority vested in me by the
Presidential Decree No. 1416, do hereby order and ordain:
SECTION 1. Reclassification — The Authority is hereby classified among the in-
dustrial/area development group (Class A) of corporations under Letter of Implementa-
tion No. 97 and for this purpose the Authority is hereby granted authority to modify its
organization, providing for the creation of the position of deputy general manager, up-
grading the existing divisions into departments to be headed by directors and regroup-
ing of these departments into offices coordinated by assistant general managers, and
creating other offices its Board may deem necessary and appropriate to achieve its ob-
jectives and aims.
SEC. 2. Water Rights
over Laguna de Bay and
Other Bodies of Water within
the Lake Region.—To effec-
tively regulate and monitor
activities in the Laguna de
Bay region, the Authority
shall have exclusive jurisdic-
tion to issue permit for the
use of all surface water for
any projects or activities in
or affecting the said region
including navigation, con-
struction, and operation of
fishpens, fish enclosures,
fish corrals and the like.
For the purpose of this
executive order, the term
Laguna de Bay Region shall
refer to the provinces of Rizal “Irrigation of the land with seawater desalinated by fusion
and Laguna; the cities of San power is ancient. It’s called rain.”— Michael McClary
Pablo, Pasay, Caloocan, (A. Oposa)
Quezon, Manila and Tagay-
tay; the towns of Tanauan, Sto. Tomas and Malvar in Batangas province; the towns of
Silang and Carmona in Cavite province; the town of Lucban in Quezon province; and the
towns of Marikina, Pasig, Taguig, Muntinlupa, and Pateros in Metro Manila.
SEC. 3. Collection of Fees.—The Authority is hereby empowered to collect fees
for the use of the lake waters and its tributaries for all beneficial purposes including but
705
WATER
not limited to fisheries, recreation, municipal, industrial, agricultural, navigation, irri-

gation, and waste disposal purpose; Provided, That the rates of the fees to be collected,
and the sharing with other government agencies and political subdivisions, if necessary,
shall be subject to the approval of the President of the Philippines upon recommenda-
tion of the Authority’s Board, except fishpen fee, which will be shared in the following
manner: twenty percent (20%) of the fee shall go to the lakeshore local governments,
five percent (5%) shall go to the Project Development Fund which shall be administered
by a Council and the remaining seventy-five percent (75%) shall constitute the share of
LLDA. However, after the implementation within the three-year period of the Laguna
Lake Fishery Zoning and Management Plan, the sharing will be modified as follows:
thirty-five percent (35%) of the fishpen fee goes to the lakeshore local governments, five
percent (5%) goes to the Project Development Fund and the remaining sixty percent
(60%) shall be retained by LLDA; Provided, however, That the share of LLDA shall
form part of its corporate funds and shall not be remitted to the National Treasury as
an exception to the provisions of Presidential Decree No. 1234.46
SEC. 4. Additional Powers and Functions.—The Authority shall have the follow-
ing powers and functions:
a. Issue standards, rules and regulations to govern the approval of plans and
specifications for sewage works and industrial waste disposal system and the issuance
of permits in accordance with the provisions of this Executive Order; inspect the con-
struction and maintenance of sewage works and industrial waste disposal systems for
compliance to plans.
b. Adopt, prescribe, and promulgate rules and regulations governing the Proce-
dures of the Authority with respect to hearings, plans, specifications, designs, and other
data for sewage works and industrial waste disposal system, the filing of reports, the
issuance of permits, and other rules and regulations for the proper implementation and
enforcement of this Executive Order.
c. Issue orders or decisions to compel compliance with the provisions of this Ex-
ecutive Order and its implementing rules and regulations only after proper notice and
hearing.
d Make, alter, or modify orders requiring the discontinuance of population speci-
fying the conditions and time within which such discontinuance must be accomplished.
e. Issue, renew, or deny permits, under such conditions as it may determine to be
reasonable, for the prevention and abatement of pollution, for the discharge of sewage,
industrial waste, or for the installation or operation of sewage works and industrial
disposal system or parts thereof: Provided, however, That the Authority, by rules and
regulations, may require subdivisions, condominiums, hospitals, public buildings, and
other similar human settlements to put up appropriate central sewerage system and
sewage treatment works, except that no permits shall be required of any new sewage
works or changes to or extensions of existing works that discharge only domestic or
sanitary wastes from a single residential building provided with septic tanks or their
706
equivalent. The Authority may impose reasonable fees and charges for the issuance or
renewal of all permits herein required.
f. After due notice and hearing, the Authority may also revoke, suspend, modify
any permit issued under this Order whenever the same is necessary to prevent or abate
pollution.
g. Deputize in writing or request assistance of appropriate government agencies
or instrumentalities for the purpose of enforcing this Executive Order and its imple-
menting rules and regulations and the orders and decisions of the Authority.
h. Authorize its representative to enter at all reasonable times any property of
the public dominion and private property devoted to industrial, manufacturing, process-
ing or commercial use without doing damage, for the purpose of inspecting and investi-
gating conditions relating to pollution or possible or imminent pollution.
i. Exercise such powers and perform such other functions as may be necessary to
carry out its duties and responsibilities under this executive order.
SEC. 5. Board of Directors Composition.—The corporate powers shall be vested
in and exercised by the Board of Directors, hereinafter referred to as the Board which
shall be composed of ten (10) members, to wit: Representative of the Office of the Presi-
dent; Minister of Economic Planning; Minister of Natural Resources; Minister of Trade
and Industry; Representative of Laguna Province who shall be designated by the Pro-
vincial Board of Laguna; Representative of Rizal Province who shall be designated by
the Provincial Board of Rizal; Representative of the Office of the Governor of the Metro
Manila Commission; President of Laguna Lake Federation of Mayors, Inc.; General
Manager of the Laguna Lake Development Authority to be appointed by the President
of the Philippines; Representative of Private Investors; Provided, That incumbent rep-
resentative of the private investors shall continue as members until the President ap-
points his successor. The Board of Directors shall elect annually from among their
members, a chairman and a vice chairman. There shall be a Corporate Secretary who
shall be appointed by the Board with a rank equivalent to a Department Director.
The officials next in rank to the abovementioned members shall serve as perma-
nent alternate members and shall attend meetings of the Board in the absence of their
principal and receive the corresponding per diems.
SEC. 6. Capitalization and Financing.—The Authority shall have an authorized
capital of seven hundred million pesos (P700,000,000) of which the amount of three
hundred fifty-one million pesos (P351,000,000) shall be subscribed by the national gov-
ernment and three hundred forty-nine million pesos (P349,000,000) shall be subscribed
by the cities, provinces, municipalities, government corporations, and private investors;
Provided, That at least twenty five percent (25%) of the national government’s subscrip-
tion shall be fully paid; Provided, further, that the authorized capital stock may be
increased upon recommendation of the NEDA and shall come from the fishpen fees.
707
WATER
The authorized capital stock of seven hundred million pesos (P700,000,000) shall
be divided into seven million (7,000,000) shares of stock with a par value of one hundred
pesos (P100) per share.
The shares of stock of the Authority shall be divided into: (1) 4,900,000 common
shares (voting) and (2) 2,100,000 preferred shares (nonvoting) with such fixed rates of
return as shall be determined by the Board. Of the common shares of 4,900, a minimum
of 2,800,000 shares shall be subscribed by the national government and at least sixty
percent (60%) of the balance shall be subscribed by the provinces of Laguna and Rizal in
such proportion as may be agreed upon by both provincial governments in accordance
with their respective financial capacities. The remaining balance of the common shares
shall be open for subscription to cities, provinces, municipalities and private investors.
Of the preferred shares of stock of 2,100,000, a minimum of 770,000 shares shall
be subscribed by the national government. The balance of the preferred shares shall be
available for subscription to cities, provinces, municipalities, government corporations
and private investors. Provided, however, That preferred shares shall enjoy preference
with respect to distribution of dividends and assets in case of dissolution.
SEC. 7. Repealing Clause.—All laws, decrees, orders, proclamations, rules and
regulations, and issuances or parts thereof, which are inconsistent with any of the pro-
visions of this Executive Order are hereby repealed or modified accordingly.
SEC. 8. Separability Clause.—Any portion or provision of this executive order
that may be declared unconstitutional shall not have the effect of nullifying the other
provisions thereof; Provided, That such remaining portions can still stand and be given
effect on their entirety to accomplish the objectives of this executive order.
SEC. 9. Effectivity Clause.—This executive order shall take effect immediately.
I will arise and go now,

For always, night and day
I hear lake water lapping
With low sounds by the shore;
While I stand on the roadway
And on the pavements grey
I hear it in the
Deep heart’s core.
— William Butler Yeats
708
Primary Jurisdiction of the LLDA for the Management

of the Laguna de Bay
LLDA, as a special agency created by law to manage the Laguna Lake and its wa-
tershed, has jurisdiction over and can require the component local governments to se-
cure a clearance for projects undertaken within the area. It is also authorized to issue
cease and desist orders (CDOs) for projects or activities undertaken without complying
with this requirement.
Facts: A group of residents calling themselves the Task Force Camarin Dump-
site of Our Lady of Lourdes Parish, Camarin, Caloocan City, filed a complaint with the
Laguna Lake Development Authority seeking to stop the operation of the 8.6-hectare
open garbage dumpsite in the Tala Estate of Barangay Camarin. They alleged that the
dumpsite would pose hazards to the health of the residents and pollute the waters of
the surrounding area.
The LLDA conducted an on-site investigation and found that the city government
of Caloocan was maintaining an open dumpsite at the Camarin, area without first se-
curing an Environmental Compliance Certificate (ECC) from the Environmental Man-
agement Bureau (EMB) of the Department of Environment and Natural Resources.
After a public hearing, the LLDA issued a Cease and Desist Order (CDO) ordering
the city government of Caloocan, Metropolitan Manila Authority, their contractors, and
other entities, to completely stop and desist from dumping any form or kind of garbage
and other waste matter at the Camarin dumpsite.
The dumping operation was stopped by the city government of Caloocan. However,
sometime in August 1992, the dumping operation was resumed after a meeting held in
July 1992 among the city government of Caloocan, the representatives of Task Force
Camarin Dumpsite and LLDA at the Office of EMB Director Rodrigo U. Fuentes failed
to settle the problem.
The city government claims that it is within its power, as a local government unit
and pursuant to the general welfare provision of the Local Government Code, to deter-
mine the effects of the operation of the dumpsite on the ecological balance and to see
that such balance is maintained. On the basis of said contention, it questioned the
power and authority of the LLDA to issue a cease and desist order enjoining the dump-
ing of garbage in the Barangay Camarin over which the city government of Caloocan
has territorial jurisdiction.
Issue No. 1: Does the LLDA have the authority to entertain the complaint
against the dumping of garbage in the open dump site which is allegedly endangering
the health, safety, and welfare of the residents?
Held: Yes. The LLDA, as a specialized administrative agency, is specifically
mandated under Republic Act No. 4850 “to carry out and make effective the declared
national policy of promoting and accelerating the development and balanced growth of
the Laguna Lake area and the surrounding provinces of Rizal and Laguna and the cit-
709
WATER
ies of… Caloocan with due regard and adequate provisions for environmental manage-
ment and control, preservation of the quality of human life and ecological systems, and
the prevention of undue ecological disturbances, deterioration and pollution. Under
such a broad grant of power and authority, the LLDA, by virtue of its special charter,
obviously has the responsibility to protect the inhabitants of the Laguna Lake region
from the deleterious effects of pollutants emanating from the discharge of wastes from
the surrounding areas. In carrying out the aforementioned declared policy, the LLDA is
mandated, among others, to pass upon and approve or disapprove all plans, programs,
and projects proposed by local government offices/agencies within the region, public
corporations, and private persons or enterprises where such plans, programs and/or
projects are related to those of the LLDA for the development of the region.”
In this case, when the complainant Task Force Camarin Dumpsite of Our Lady of
Lourdes Parish, Barangay Camarin, Caloocan City filed its letter-complaint before the
LLDA, the latter’s jurisdiction under its charter was validly invoked. The basis of this
allegation is that the open dumpsite project of the city government of Caloocan in
Barangay Camarin was undertaken without a clearance from the LLDA, as required
under Section 4, paragraph (d), of the LLDA Law (Republic Act No. 4850, as amended).
While there is also an allegation that the said project was without an Environmental
Compliance Certificate from the Environmental Management Bureau (EMB) of the
DENR, the primary jurisdiction of the LLDA over this case was recognized by the Envi-
ronmental Management Bureau of the DENR. This was evident when the EMB acted
as intermediary at the meeting among the representatives of the city government of
Caloocan, Task Force Camarin Dumpsite and LLDA sometime in July 1992 to discuss
the possibility of reopening the open dumpsite.
Issue No. 2: Does the LLDA have the power and authority to issue a cease and
desist order, enjoining the dumping of garbage in Tala Estate, Barangay Camarin,
Caloocan City?
Held: Yes. The cease and desist order issued by the LLDA requiring the city gov-
ernment of Caloocan to stop dumping its garbage in the Camarin open dumpsite found
by the LLDA to have been done in violation of Republic Act No. 4850, cannot be
stamped as an unauthorized exercise by the LLDA of injunctive powers. By its express
terms, Republic Act No. 4850, authorizes the LLDA to “make, alter or modify orders
requiring the discontinuance or pollution.” Section 4, paragraph (d) explicitly authorizes
the LLDA to make whatever order may be necessary in the exercise of its jurisdiction.
“In the exercise of its express powers under its charter as a regulatory and quasi-
judicial body with respect to pollution cases in the Laguna Lake region, the authority of
the LLDA to issue a cease and desist order is, perforce, implied. Otherwise, it may well
be reduced to a “toothless” paper agency. Had the cease and desist order issued by the
LLDA been complied with by the City Government of Caloocan as it did in the first
instance, no further legal steps would have been necessary.”
Laguna Lake Development Authority v CA
G.R.. No. 110120, 231 SCRA 292, March 16,1994.
710
The Ecosystem Approach in Lake Management
Facts: With the passage of the Local Government Code of 1991 (Republic Act No.
7160), the municipalities in the Laguna Lake Region interpreted the provisions of this
law to mean that it gave the municipal governments the exclusive jurisdiction to issue
fishing privileges within their municipal waters. The law, after all, states that:
“Sec. 149. Fishery Rentals; Fees and Charges—(a) Municipalities shall have the
exclusive authority to grant fishery privileges in the municipal waters and impose
rental fees or charges therefor in accordance with the provisions of this Section. The
Sangguniang Bayan may:
(1) Grant fishing privileges to erect fish corrals oyster, mussel or other aquatic beds
or bangus fry areas within a definite zone of the municipal waters, as determined by it; . . .
(2) Grant privilege to gather, take or catch bangus fry, prawn fry or kawag-
kawag or fry of other species and fish from the municipal waters by nets, traps or other
fishing gears to marginal fishermen free from any rental fee, charges or any other im-
position whatsoever.
Sec. 447. Power, Duties, Functions, and Compensation.
(XI) Subject to the provisions of Book 2 of this Code, grant exclusive privileges of
constructing fish corrals or fishpens, or the taking or catching of bangus fry, prawn fry
or kawag-kawag or fry of any species or fish within the municipal waters.
Thereupon, riparian municipal governments assumed the authority to issue fish-
ing privileges and fishpen permits. Big fishpen operators took advantage of the occa-
sion to establish fishpens and fishcages to the consternation of the Laguna Lake Devel-
opment Authority. As of July 1995, unregulated fishpens and fishcages occupied al-
most one third of the entire lake water surface area, increasing the occupation drasti-
cally from 7,000 hectares in 1990 to almost 21,000 hectares in 1995. The mayor’s permit
to construct fishpens and fishcages were all undertaken in violation of the policies
adopted by the LLDA on fishpen zoning and the Laguna Lake’s carrying capacity,
thereby aggravating the environmental problems and ecological stress on Laguna Lake.
LLDA served notice to the owners of illegally constructed fishpens advising them
to dismantle their respective structures, or face demolition. The owners responded by
filing civil cases for prohibition, injunction and damages against the LLDA in various
trial courts. Consequently, temporary restraining orders and writs of preliminary man-
datory injunction were issued against the LLDA in several cases enjoining it from de-
molishing the fishpens and other structures in question.
After losing both at the level of the Regional Trial Court and at the Court of Ap-
peals, LLDA presented a petition in the Supreme Court.
Issue: Who has the authority to issue fishpen permits for the waters of the ripar-
ian municipal governments or the LLDA?
711
WATER
Held: The Supreme Court, speaking through the pen of Justice Regino Hermo-
sisima Jr., opened the decision by posing an age-old question on the ostensible dilemma
between economics and ecology:
“It is difficult for a man, scavenging on the garbage dump created by the affluence, profli-
gate consumption, and extravagance of the rich or fishing in the murky water of the Pasig River
and the Laguna Lake or making a clearing in the forest so he can produce food for his family, to
understand why protecting birds, fish, and trees is more important than protecting him and
keeping his family alive.”
Ruling in favor of the LLDA, the Court said that the provisions of the Local Gov-
ernment Code of 1991 (Republic Act No. 7160) do not necessarily repeal the law creat-
ing the Laguna Lake Development Authority which granted it water rights authority
over Laguna de Bay and the lake region.
“The Local Government Code of 1991 does not contain any express provision which
categorically expressly repeals the law creating the LLDA (Republic Act No. 4850, as
amended).” Thus, there appears to be no intent on the part of the legislature to repeal
Republic Act 4850 and its amendments. The repeal of laws should be made clear and
expressed.
The charter of the Laguna Lake Development Authority is a special law. Republic
Act No. 7160, the Local Government Code of 1991, is a general law. A basic rule in
statutory construction is that the enactment of a later law which is a general law can-
not be interpreted to have repealed a special law. It is a well-settled rule that “a special
statute, provided for a particular case or class of cases, is not repealed by a subsequent
statute, general in its terms, provisions and application, unless the intent to repeal or
alter is manifest, although the terms of the general law are broad enough to include the
cases embraced in the special law.”
“Where there is a conflict between a general law and a special statute, the special
statute should prevail since the legislative intent is more clear than the general statute.
The special law is to be taken as an exception to the general law in the absence of spe-
cial circumstances forcing a contrary conclusion. This is because implied repeals are not
favored. A special law cannot be repealed, amended or altered by a subsequent general
law by mere implication.”
“Thus, it has to be concluded that the charter of the Authority should prevail over
the Local Government Code of 1991.”
“The power of the (LLDA) to grant permits for fishpens, fish cages, and other
aquaculture structures is for the purpose of effectively regulating and monitoring
activities in the Laguna de Bay region (Section 2, Executive Order No. 927) and for lake
quality control and management. It does partake of the nature of police power which is
the most pervasive, the least limitable and the most demanding of all State powersin-
cluding the power of taxation. Accordingly, the charter of the Authority which embodies
a valid exercise of police power should prevail over the Local Government Code of 1991
on matters affecting Laguna de Bay.”
712
RELEVANT SECTIONS OF THE POLLUTION CONTROL LAW
Applying the ecosystem approach, the Court ruled that:

(“Laguna Lake and its watersheds) constitute one integrated, delicate natural eco-
system that needs to be protected with uniform set of policies, if we are to be serious in
our aims of attaining sustainable development. This is an exhaustible natural re-
source—a very limited one—which requires judicious management and optimal utiliza-
tion to ensure renewability and preserve its ecological integrity and balance.”
“Managing the lake resources would mean implementation of a national policy,
geared towards the protection, conservation, balanced growth and sustainable develop-
ment of the region with due regard to the inter-generational use of its resources by the
inhabitants.”
“Laguna de Bay therefore cannot be subjected to fragmented concepts of management
policies where lakeshore local government units exercise exclusive dominion over specific
portions of the lake water. The garbage thrown or sewage discharged into the lake, abstrac-
tion of water therefrom or construction of fishpen by enclosing (a) certain area, affect not
only that specific portion but the entire 900 square kilometers of lake water. The implemen-
tation of a cohesive and integrated lake water resource management policy, therefore, is
necessary to conserve, protect, and sustainably develop Laguna de Bay.”
Laguna Lake Development Authority v. CA
G. R. No. 120865-71, December 7, 1995
Relevant Sections of the Pollution Control Law

SEC. 8. Prohibitions.—No person shall throw, run, drain, or otherwise dispose

into any of the water, air and/or land resources of the Philippines, or cause, permit,
suffer to be thrown, run, drain, allow to seep, or otherwise dispose thereto any organic
or inorganic matter or any substance in gaseous or liquid form that shall cause pollu-
tion thereof.
No person shall perform any of the following activities without first securing a
permit from the Board for the discharge of all industrial wastes and other wastes which
could cause pollution:
1. the construction, installation, modification, or operation of any sewage works
or any extension or addition thereto;
2. the increase in volume or strength of any wastes in excess of the permissive
discharge specified under any existing permit;
3. the construction, installation, or operation of any industrial or commercial es-
tablishments or any extension or modification thereof or addition thereto, the operation
of which would cause an increase in the discharge of waste directly into the water, air
713
WATER
and/or land resources of the Philippines or would otherwise alter their physical, chemi-
cal, or biological properties in any manner not already lawfully authorized.
Water Classification (DENR Admin. Order No. 34-90)
SEC. 68. Water Usage and Classification.—The quality of Philippine waters

shall be maintained in a safe and satisfactory condition according to their best usages.
For this purpose, all waters shall be classified according to the following beneficial us-
ages:
C. General Provisions on Water Classification
1. Classification of a water body according to a particular designated use or uses

does not preclude use of the water for other purposes that are lower in classification
provided that such use does not prejudice the quality required for such waters.
2. Water classifications are arranged in the order of the degree of protection re-
quired, with Class AA and SA having generally the most stringent water quality, re-
spectively, for fresh surface waters and marine/coastal waters; and Class D and SD
waters have the least stringent water quality for fresh surface waters and marine wa-
ters, respectively.
3. The main objective of the water quality criteria is to maintain the minimum
conditions necessary to assure the suitability of water for its designated use or classifi-
cation.
4. Any person regulated under these rules or having a substantial interest in this
Chapter may seek reclassification of waters by filing a petition with the DENR giving
all necessary information to support the petition.
5. All reclassifications of water shall be adopted, only after public notice and
hearing and upon affirmative findings by the DENR Regional Office concerned that:
i) The proposed reclassification will establish the present and future most
beneficial use of the waters;
ii) Such a reclassification is clearly in the public interest, and
iii) The proposed designated use is attainable, upon consideration of envi-
ronmental, technological, social, economic, and institutional factors.
6. For purposes of classification or reclassification the following minimum water

quality parameters are to be considered:
i) Dissolved oxygen (DO)
ii) pH
iii) Biochemical Oxygen Demand (BOD)
iv) Total Coliform Organisms
714
WATER CLASSIFICATION
SEC. 69. Water Quality Criteria—

(a) Minimum criteria for surface waters—All surface waters of the country shall
be free from:
1. Domestic, industrial, agricultural, or other man-induced non-thermal compo-
nents of discharges which, alone or in combination with other substances or in combina-
tion with other components of discharges (whether thermal or non-thermal)
i) That settle to form putrescent deposits or otherwise create a nuisance; or
ii) That float as debris, scum, oil, or other matter in such amounts as to form
nuisances; or
iii) That produce color, odor, taste, turbidity, or other conditions in such de-
gree as to create a nuisance; or
iv) That are acutely toxic; or
v) That are present in concentrations which are carcinogenic, mutagenic, or
teratogenic to human beings or to significant, locally occurring wildlife or aquatic
species; or
vi) That pose a serious danger to the public health, safety or welfare.
2. Thermal components of discharges which alone, or in combination with other
discharges or components of discharges (whether thermal or non-thermal):
i) That produce conditions so as to create nuisance; or
ii) That increase the temperature of the receiving body of water (RBW) so as
to cause substantial damage or harm to the aquatic life or vegetation therein or in-
terfere with the beneficial uses assigned to the RBW.
A. Fresh Surface Waters (rivers, lakes, reservoirs, etc.)

45
Classification Beneficial Use
Class AA Public Water Supply Class I. This class is intended pri-
marily for waters having watersheds which are uninhabited
and otherwise protected and which require only approved
disinfection in order to meet the National Standards for
Drinking Water (NSDW) of the Philippines.
Class A Public Water Supply Class II (For sources of water sup-
ply that will require complete treatment—coagulation, sedi-
mentation, filtration and disinfection—in order to meet the
NSDW.
_______________________
45
In general, this refers to current best beneficial use that is expected to last, for the next 10
to 20 years. In special cases when dictated by political, economic, social, public health, environ-
mental, and other considerations, certain waters may be classified according to the intended or
future beneficial use (Pasig River, Tullahan-Tenejeros, etc.).
715
WATER
45
Class B Recreational Water Class I (For primary contact recrea-
tion such as bathing, swimming, skin diving, etc., particularly
those designated for tourism purposes).
Class C 1. Fishery Water for the propagation and growth of fish
and other aquatic resources;
2. Recreational Water Class II (For boating, etc.);
3. Industrial Water Supply Class I (For manufacturing
processes after treatment).
Class D 1. For agriculture, irrigation, livestock watering, etc.;
2. Industrial Water Supply Class II (e.g. cooling, etc.);
3. Other inland waters, by their quality, belong to this
classification.
B. Coastal and Marine Waters

Class SA 1. Waters suitable for the propagation, survival, and
harvesting of shellfish for commercial purposes;
2. Tourist zones and national marine parks and re-
serves established under Presidential Proclamation No.
1801; existing laws and/or declared as such by appropriate
government agency.
3. Coral reef parks and reserves designated by law and
concerned authorities.
Class SB 1. Recreational Water Class I (Areas regularly used by
the public for bathing, swimming, skin diving, etc.);
2. Fishery Water Class I (Spawning areas for chanos or
chanos Bangus and similar species).
Class SC 1. Recreational Water Class II (e.g. boating, etc.);
2. Fishery Water Class II (Commercial and sustenance
fishing);
3. Marshy and/or Mangrove Areas declared as fish and
wildlife sanctuaries;
Class SD 1. Industrial Water Supply Class II (e.g. cooling, etc.);
2. Other coastal and marine waters, by their quality,
belong to this classification.
716
B. Water Quality Criteria for Fresh Waters
1. Conventional and Other Pollutants Affecting Aesthetics and Oxygen Demand—

Please refer to Table 1 for the parameters and limits or specifications according to clas-
sification and use of the receiving body of water (RBW).
“Children of a culture born in a water-rich environment, we have never really

learned how important water is to us. We understand it, but we do not respect it.”—
William Ashworth, Nor Any Drop to Drink, 1982 (T. Cayton)
717
WATER
Table 1. Water Quality Criteria for Conventional and other Pollutants

Contributing to Aesthetics and Oxygen Demand for Fresh Waters
Class Class Class Class Class

AA A B C Db
Color PCU 15 50 c c c
Temperatured
ºC rise -
(max. rise in deg. Celsius) 3 3 3 3
pH (range) 6.5-8.5 6.5-8.5 6.5-8.5 6.5-8.5 6.0-9.0
Dissolved
oxygen % satn 70 70 70 60 40
(Minimum) mg/L 5.0 5.0 5.0 5.0 3.0
5-Day 20ºC BOD mg/L 1 5 5 7 (10) 10 (15)
Total suspended
solids mg/L 25 50 f g h
Total dissolved
solids mg/L 500i 1,000i - - 1,000 i
Surfactants mg/L nil 0.2 (0.5) 0.3 (0.5) 0.5 -
(MBAS)
Oil/Grease mg/L nil 1 1 2 5
(Petroleum Ether Extracts)
Nitrate as nitro- mg/L 1.0 10 nr 10j -
gen
Phosphate as
phosphorus mg/L nil 0.1k 0.2k 0.4 k -
Phenolic sub-
stances
as phenols mg/L nil 0.002 0.005l 0.02l -
Total coliforms MPN/ 50m 1,000m 1,000 m 5,000m -
100 mL or
fecal coli- MPN/ 20m 100m 200m - -
forms
100mL
Chloride as Cl mg/L 250 250 - 350 -
Copper mg/L 1.0 1.0 - 0.05n -
2. Toxic and Other Deleterious Substances.—The maximum limits for these types
of pollutants according to classifications or use of the receiving body of water are found
in Table 2.
718
Table 2. Water Quality Criteria for Toxic and Other Deleterious Sub-
stances for Fresh Waters (For the Protection of Public Health)
Class Class Class Class Class

AA A B C D(b)
Arsenic(i) mg/L 0.05 0.05 0.05 0.05 0.01

Cadmium(i) mg/L 0.01 0.01 0.01 0.01 0.05
Chromium(i)
(hexavalent) mg/L 0.05 0.05 0.05 0.05 -
Cyanide mg/L 0.05 0.05 0.05 0.05 -
Lead(i) mg/L 0.05 0.05 0.05 0.05 -
Total mercury(i) mg/L 0.002 0.002 0.002 0.002 0.002
Organophosphate mg/L nil nil nil nil nil
Aldrin mg/L 0.001 0.001 - - -
DDT mg/L 0.05 0.05 - - -
Dieldrin mg/L 0.001 0.001 - - -
Heptachlor mg/L nil nil - - -
Lindane mg/L 0.004 0.004 - - -
Toxaphane mg/L 0.005 0.005 - - -
Methoxychlor mg/L 0.10 0.10 - - -
Chlordane mg/L 0.003 0.003 - - -
Endrin mg/L nil nil - - -
PCB mg/L 0.001 0.001 - - -
Note: 1. Limiting values of organophosphates and organochlorines may in the

meantime serve as guidelines in the interim period pending the procurement and avail-
ability of necessary laboratory equipment. For barium, cobalt, fluoride, iron, lithium,
manganese, nickel, selenium, silver, and vanadium, the 1978 NPCC Rules and Regula-
tions, Section 69 may be considered.
2. For footnotes please refer to Table 1.
C. Coastal and Marine Waters Criteria
1. Conventional and Other Pollutants Affecting Aesthetics and Oxygen Demand—

The criteria for Class SA, SB, SC and SD are found in Table 3.
719
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Table 3. Water Quality Criteria for Conventional and Other Pollutants

Affecting Aesthetics and Exerting Oxygen Demand for Coastal and Marine
Waters(A)
Class Class Class Class

SA SB SC SD
Color PCU (c) (c) (c) (c)

Temperature ºC rise 3 3 33
(max. rise in deg. Celsius)
pH (range) 6.5-8.5 6.5-8.5 6.5-8.5 6.0-9.0
Dissolved oxygen (e) % satn 70 70 70 50
(Minimum) mg/L 5.0 5.0 5.0 2.0
5-Day 20ºC
BOD mg/L 3 5 7 (10) -
Total suspended sol- mg/L (f) (g) (g) (h)
ids
Surfactants (MBAS) mg/L 0.2 0.3 0.5 -
Oil/Grease mg/L 1 2 3 5
(Petroleum Ether Extract)
Phenolic substances
as phenols mg/L nil 0.01 (l) -
Total coliforms MPN/100 70 (m) 1,000 (m) 5,000 -
mL
Fecal coliforms MPN/100mL nil 200 (m) - -
Copper mg/L - 0.02 (n)(o) 0.05 (o) -
Note: For footnotes please refer to Table 1.
2. Toxic and Other Deleterious Substances.—The maximum limits for toxic and
other deleterious substances for waters classified as Class SA, SB, SC and SD waters
are found in Table 4.
Table 4. Water Quality Criteria for Toxic and Other Deleterious Sub-
stances for Coastal and Marine Waters (For the Protection of Public Health)
Class Class Class Class

SA SB SC SD
Arsenic (i) mg/L 0.05 0.05 0.05 -

Cadmium (i) mg/L 0.01 0.01 0.01 -
Chromium(i)
720
(hexavalent) mg/L 0.05 0.1 0.1 -

Cyanide mg/L 0.05 0.05 0.05 -
Lead (i) mg/L 0.05 0.05 0.05 -
Total mercury(i) mg/L 0.002 0.002 0.002 -
Organophosphate mg/L nil nil nil -
Aldrin mg/L 0.001 - - -
DDT mg/L 0.05 - - -
Dieldrin mg/L 0.001 - - -
Heptachlor mg/L nil - - -
Lindane mg/L 0.004 - - -
Toxaphane mg/L 0.005 - - -
Methoxychlor mg/L 0.10 - - -
Chlordane mg/L 0.003 - - -
Endrin mg/L nil - - -
PCB mg/L 0.001 - - -
Note: 1. Limiting values of organophosphates and organochlorines may in the

meantime serve as guidelines in the interim period pending the procurement and avail-
ability of necessary laboratory equipment. For Barium, Cobalt, Fluoride, Iron, Lithium,
Manganese, Nickel, Selenium, Silver and Vanadium, the 1978 NPCC Rules and Regula-
tions, Section 69 may be considered.
2. For footnotes please refer to Table 1.
D. Methods of Analysis.—For purposes of these regulations, any water sample

taken for the purpose of classification or for determining compliance with the water
quality criteria shall be analyzed in accordance with the methods enumerated in Table
5. The Table also applies to determine compliance to effluent regulations.
Table 5. Approved Method of Analysis
Parameter Method of Analysis
Arsenic Silver DiethyldithioCarbamate Method (Colorimetric)

BOD 5 Azine Modification (Dilution Technique)
Boron Carmine Method (Colorimetric Method)
Cadmium Atomic Absorption Spectrophotometry (West Ashing with
Concentration HNO 3, + HCI)
Chlorinated
hydrocarbons Gas Chromatography (ECD)
Chromium
(Hexavalent) Diphenyl Carbazide Colorimetric Method
Color Visual Comparison Method (Platinum Cobalt Scale)
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Cyanide Specific Ion Electrode Method

Dissolved oxygen Azide Modification (Winkler Method), Membrane Electrode
(DO Meter)
Fecal coliforms Multiple-Tube Fermentation Technique or Membrane Filter
Lead Atomic Absorption Spectrophotometry
Nitrate AS Bruccine Method for Saline Waters
Nitrogen Specific Ion Electrode Meter for Fresh Water
Oil and grease Gravimetric Method (Petroleum Ether Extraction)
Organo phosphorus Gas Chromatography (FPD)
compounds
Polychlorinated Gas Chromatography (ECD)
biphenyl (PCB)
pH Glass Electrode Method
Phenolic substances Chloroform Extraction Method
Phosphate as phospho- Stannous Chloride Method
rus
Settleable solids Imhoff Cone Method
Surfactants (MBAS) Methylene Blue Method (Colorimetric)
Temperature Use of Mercury-Filled Thermometer
Total coliforms Multiple-Tube Fermentation Technique or Membrane Filter
Total mercury Cold Vapor Technique (Mercury Analyzer, AAS)
Total suspended solids Gravimetric Method
Note: Other methods found in the Philippine Standard Methods for Air and Wa-
ter Analysis, the “Standard Methods for the Examination of Water and Waste Waters,”
published jointly by American Public Health Association (APHA), the American Water-
works Association, and the Water Pollution Control Federation of the U. S. or in accor-
dance with such other method of analyses as the DENR may prescribe.
E. Significant Parameters.—As a guide to dischargers and regulatory agencies

the significant parameters to be considered for monitoring purposes are indicated in
Table 6.
Table 6. Significant Parameters for Selected Types of Industries
Type of Industry Significant Wastewater Parameters
a. Beverage industry BOD 5, pH, Suspended Solids, Settleable

Solids,
Oil and Grease
b. Cement, concrete, lime and gypsum pH, Suspended Solids, Dissolved Solids,
Temperature
722
Type of Industry Significant Wastewater Parameters

c. Dairy Product processing BOD 5, COD, pH, Suspended Solids, Dis-
solved
Solids Settleable Solids
d. Ferro Alloy Manufacturing Suspended Solids, Chromium
(electric furnace with wet (hexavalent) Oil
and Grease, air pollution control) Phenols,
Phosphates
e. Fertilizer industry Chloride, Chromium, Dissolved Nitrogen
Fertilizer Solids, Nitrate, Suspended Solids
Industry pH, Phosphorus, Suspended Sol-
ids, Phosphate Fertilizer Temperature,
Cadmium, Arsenic Industry
f. Grain milling industry BOD 5, Suspended Solids, Temperature
g. Inorganic chemicals, alkalies and pH, Total Suspended Solids, Total Dissolved
chlorine industry Solids, Chlorides, Sulfates, COD, Tempera-
ture
h. Leather tanning and finishing BOD 5, COD, Chromium, Oil and Grease,
Industry pH,
Suspended Solids, Color, Dissolved Solids
i. Livestock industry BOD 5, COD, Total Suspended Solids, pH,
Color,
Total Coliforms
j. Meat, fish and fruit canning BOD 5, COD, Suspended Solids, pH, Oil and
Grease, Dissolved Solids
k. Meat product industry BOD 5, pH, Suspended Solids, Settleable
Solids,
Oil and Grease, Total Coliforms, Toxic Ma-
terials
l. Metal finishing industry Oil and Grease, Heavy Metals (Cr, Cd, etc.),
Suspended Solids, Cyanide
m. Mineral ore processing (Mining Suspended Solids, Heavy Metals (Hg, Cn,
Industry) Cd, etc.)
Arsenic
n. Organic chemicals industry (Free- BOD 5, COD, pH, Total Suspended Solids
Floating) Total Dissolved Solids, Oil
o. Petroleum refining industry BOD 5, Heavy Metals, COD, Oil (Total) pH,
Phenols, Suspended Solids, Temperature,
Total Dissolved Solids
p. Plastic materials and synthetic BOD 5, COD, pH, Total Suspended Solids,
industry Oil and Grease, Phenols
q. Pulp and paper industry BOD 5, COD, pH, Total Susp. Solid,
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E. Coli, Color, Heavy Metals, Dissolved

Solids,
Oil & Grease, Phenols
r. Steel industry Oil and Grease, pH, Cyanide, Phenol, Susp.
Solids, Temperature, Chromium
s. Sugarcane processing industry BOD5, pH, Suspended Solids, Oil and
Grease
t. Textile mill industry BOD 5, COD, pH, Suspended Solids, Chro-
mium,
Phenols, Color, Oil and Grease
u. Thermal power generation BOD 5, Color, Chromium, Oil and Grease,
pH,
Phosphate, Suspended Solids, Temperature
This Order shall take effect thirty (30) days after publication in the Official Ga-
zette or any newspaper of general circulation.
APPROVED.
Effluent Regulations (Administrative Order No. 35, 1990)
SUBJECT: REVISED EFFLUENT REGULATIONS OF 1990, REVISING AND

AMENDING THE EFFLUENT REGULATIONS OF 1982
Pursuant to the pro-
visions of SEC. 6(i) of
President Decree No. 984,
otherwise known as the
“Pollution Control Decree
of 1976”, and by virtue of
Executive Order No. 192,
Series of 1987, the Depart-
ment of Environment and
Natural Resources hereby
adopts and promulgates
the following rules and
regulations:
SECTION 1. Ti-
tle.—These rules and regu-
“When you drink the water, remember the spring.”— Chinese
lations shall be known as
Proverb (T. Cayton)
the “Revised Effluent
Regulations of 1990”.
SEC. 2. Scope.—These rules and regulations shall apply to all industrial and
municipal wastewater effluents.
724
EFFLUENT REGULATIONS
SEC. 3. Definitions.—The following words and phrases, as used in these rules

and regulations, shall have the following meanings unless the context clearly indicates
otherwise:
a. “BOD” means a measure of the approximate quantity of dissolved oxygen that
will be required by bacteria to stabilize organic matter in wastewater or surface water.
It is a semi-quantitative measure of the wastewater organics that are oxidizable by
bacteria. It is also a standard test in assessing wastewater strength.
b. “Coastal Water” means an open body of water along the country’s coastline
starting from the shoreline (MLLW) and extending outward up to the 200-meter isobath
or three-kilometer distance, whichever is farther.
c. “Department” refers to the Department of Environment and Natural Re-
sources.
d. “Effluent” is a general term denoting any wastewater, partially or completely
treated, or in its natural state, flowing out a manufacturing plant, industrial plant or
treatment plant.
e. “Inland Water” means an interior body of water or watercourse such as lakes,
reservoirs, rivers, streams, creeks, etc., that has beneficial usage other than public
water supply or primary contact recreation. Tidal affected rivers or streams are consid-
ered inland waters for purposes of these regulations.
f. “Mixing Zone” is the place where the effluent discharge from a point source
mixes with a receiving body of water. The area or extent of the zone shall determined by
the discharger and approved by the Department on a case-to-case basis.
g. “NPI” means New/Proposed Industry or wastewater treatment plants to be
constructed.
h. “OEI” means Old or Existing Industry.
i. “Primary Contact Recreation” means any form of recreation where there is in-
timate contact of the human body with the water, such as swimming, water skiing, or
skin diving.
j. “Protected Water” means a watercourse or a body of water, or any segment
thereof, that is classified as a source of public water supply, propagation and harvesting
of shellfish for commercial purposes, or spawning areas for Chanos chanos and similar
species, or primary contact recreation, or that which is designated by competent gov-
ernment authority or by legislation as tourist zone, national marine park and reserve,
including coral reef park and reserve.
k. “Strong Waste” refers to wastewater whose initial BOD value before treatment
is equal to or greater than 3,000 mg/L.
SEC. 4. Heavy Metals and Toxic Substances.—Industrial and other effluents
when discharged into bodies of water classified as Class A, B, C, D, SA, SB, SC and SD
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WATER
in accordance with Section 68, as amended, of the 1978 NPCC Rules and Regulations
shall not contain toxic substances in levels greater than those indicated in Table 1.
TABLE 1
EFFLUENT STANDARDS: TOXIC AND OTHER DELETERIOUS SUBSTANCE

(Maximum Limits for the Protection of Public) (a)Health
Protected Inland Waters Marine Marine

Parameter Unit Waters Category II Waters Waters Waters Class
Category I (Class A,B, & Class C Class SC &
(Class AA & SB) SD
SC)
OEI NPI OEI NPI OEI NPI OEI NPI OEI NPI
Arsenic mg/L (b) (b) 0.2 0.1 0.5 0.2 1.0 0.5 1.0 0.5
Cadmium mg/L (b) (b) 0.05 0.02 0.1 0.05 0.2 0.1 0.5 0.2
Chromium mg/L (b) (b) 0.1 0.05 0.2 0.1 0.5 0.2 1.0 0.5
(hexavalent)
Cyanide mg/L (b) (b) 0.2 0.1 0.3 0.2 0.5 0.2 - -
Lead mg/L (b) (b) 0.2 0.1 0.5 0.3 1.0 0.5 - -
Mercury mg/L (b) (b) 0.005 0.005 0.00 0.00 0.00 0.00 0.05 0.01
(Tot.) 5 5 5 5
PCB mg/L (b) (b) 0.003 0.003 0.00 0.00 0.00 0.00 - -
3 3 3 3
Formalde- mg/L (b) (b) 2.0 1.0 2.0 1.0 2.0 1.0 - -
hyde
NOTE:
(a) Except as otherwise indicated, all limiting values in Table 1 (Section 4) are
maximum and therefore shall not be exceeded.
(b) Discharge of sewage and/or trade effluents are prohibited or not allowed.
SEC. 5. Conventional and Other Pollutants Affecting Aesthetics and Oxygen De-
mand — Affluents from domestic sewage and industrial wastewater treatment plants
not covered under Section 6 of these Regulations, when discharged into receiving waters
classified as Class A, B, C, D, SA, SB, SC and SD in accordance with Section 68, as
amended, of the 1978 NPCC Rules and Regulations shall not contain the following pol-
lutants in concentrations greater than those indicated in Tables 2A and 2B.
Today, at least 400 million people live in regions

with severe water shortages.
By the year 2005, it will be 4 billion.
726
TABLE 2A
EFFLUENTS STANDARDS: Conventional and Other Pollutants in
Protected Waters Category I & II and in Inland Waters Class CA
Protected Inland Waters

Waters Category II
Parameter Unit Category I (Class A,B, & SB) Waters Class C
(Class AA &
SA)
OEI NPI OEI NPI OEI NPI
Color PCU (b) (b) 150 100 200(c) 150 (d)
Temperature °C rise (b) (b) 3 3 3 3

(max. rise in
degree Cel-
sius in RBW)
(b) (b) 6.0-9.0 6.0-9.0 6.0-9.0 6.5-9.0
pH (range)
COD mg/L (b) (b) 100 60 150 100
Settleable mL/L (b) (b) 0.3 0.3 0.5 0.5

Solids
(1-hour)
5-Day 20°C
BOD mg/L (b) (b) 50 30 80 50
Total Sus-
pended mg/L (b) (b) 70 50 90 70
Solids
Total Dis-
solved mg/L (b) (b) 1,200 1,000 - -
Solids
Surfactants
(MBAS) mg/L (b) (b) 5.0 2.0 7.0 5.0
Oil/Grease
(Petroleum
Ether mg/L (b) (b) 5.0 5.0 10.0 5.0
Extract)
727
WATER
Protected Inland Waters

Waters Category II
Parameter Unit Category I (Class A,B, & SB) Waters Class C
(Class AA &
SA)
Phenolic
Substances
as Phenols mg/L (b) (b) 0.1 0.05 0.5 0.1
Total Coli- MPN/100mL (b) (b) 5,000 3,000 15,000 10,000
forms
TABLE 2B
EFFLUENT STANDARDS: Conventional and Other Pollutants in Inland Waters
Class D, Coastal Waters Class SC and SD and Other Coastal Waters not yet Classified
Inland Waters Coastal Class Sd &

Parameter Unit (Class D) Waters Other
(Class SC) Waters
Not Classi-
fied
OEI NPI OEI NPI OEI NPI
Color PCU - - (c) (c) (c) (c)
Temperature
(max. rise in
degree Cel-
sius in RBW) °C rise 3 3 3 3 3 3
pH (range) 5.0-9.0 6.0-9.0 6.0-9.0 6.0- 5.0- 5.0-

9.0 9.0 9.0
COD mg/L 250 200 250 200 300 200
Settleable mL/L
Solids
(1-hour)
5-Day 20°C
BOD mg/L 150 (d) 120 120 100 150 120
(d) (d)
728
Inland Waters Coastal Class Sd &

Parameter Unit (Class D) Waters Other
(Class SC) Waters
Not Classi-
fied
Total Sus-
pended
Solids mg/L 200 150 200 150 (g) (f)
Total Dis-
solved mg/L 2,000(h) 1,500(h) - - - -
Solids
Surfactants
(MBAS) mg/L - - 15 10 - -
Oil/Grease
(Petroleum
Ether Ex- mg/L - - 15 10 15 15
tract)
Phenolic
Substances
as Phenols mg/L - - 1.0(i) 0.5(i) 5.0 1.0
Total Coli- MPN/100mL (j) (j) - - - -
forms
NOTES for Table 2A and Table 2B:
1. In cases where the background level of Total Dissolved Solids (TDS) in fresh-
water rivers, lakers, reservoirs and similar bodies of water is higher than the Water
Quality Criteria, the discharge should not increase the level of TDS in the receiving
body of water by more than ten percent of the background level.
2. The COD limits in Tables 2A and 2B generally apply to domestic wastewater
treatment plant effluent. For industrial discharges, the effluent standards for COD
should be on a case to case basis considering the COD-BOD ratio after treatment. In the
interim period that this ratio is not yet established by each discharger, the BOD re-
quirement shall be enforced.
729
WATER
3. There are no effluent standards for chloride except for industries using brine
and discharging into inland waters, in which case the chloride content should not ex-
ceed 500 mg/L.
The effluent standards apply to industrial manufacturing plants and municipal
treatment plants discharging more than thirty (30) cubic meters per day.
LEGEND for Tables 2A & 2B:
a. Except as otherwise indicated, all limiting values in Tables 2A and 2B are

90th percentile values. This is applicable only when the discharger undertakes daily
monitoring of its effluent quality, otherwise, the numerical values in the tables repre-
sent maximum values not to be exceeded once a year.
b. Discharge of sewage and/or trade effluents is prohibited or not allowed.
c. Discharge shall not cause abnormal discoloration in the receiving waters out-
side of the mixing zone.
d. For wastewaters with initial BOD concentration over 1,000 mg/L but less than
3,000 mg/L, the limit may be exceeded up to a maximum of 200 mg/L or a treatment
reduction of ninety (90) percent, whichever is more strict. Applicable to both old and
new industries.
e. The parameters Total Suspended Solids (TSS) should not increase the TSS of
the receiving water by more than thirty (30) percent during the dry season.
f. Not more than 30 mg/L increase (dry season)
g. Not more than 60 mg/L increase (dry season)
h. If effluent is the sole source of supply for irrigation, the maximum limits are
1,500 mg/L and 1,000 ,g/L, respectively, for old industries and new industries.
i. Not present in concentration to affect fish flavor or taste tainting
j. If effluent is used to irrigate vegetable and fruit crops which may be eaten
raw, Fecal Coliforms should be less than 500 MPN/100 mL.
SEC. 6. Effluent Standards for BOD for Strong Industrial Wastes.
a. Interim Requirements for Old or Existing Industries.- For strong industrial
wastewaters with high BOD and where the receiving body of water is Class C, D, SC
and SC in accordance with Section 68, as amended, of the 1978 NPCC Rules and Regu-
lations, the interim effluent requirements for old industries which will be applicable
within a period is indicated in Table 3A.
730
TABLE 3A: Interim Effluent Standards for BOD Applicable to Old or Exist-
ing Industries Producing Strong Industrial Wastes, (1990-1994)
Industry Classifi-
cation on BOD of Maximum Allowable Limits in mg/L*, according to Time
Raw Wastewaters Period and of Water Receiving Body Based
Produced
Effectivity date-Dec. 31 1991 Jan. 1, 1992-Dec. 31, 1994
Inland Waters Coastal Inland Wa- Coastal
(Class C & D) waters ters waters
(CI. SC & (Class C&D) (CI. SC &
SD) SD)
1. Industries pro- 320 650 200 320

ducing BOD within or or or or
3,000 to 10,000 mg/L 95% removal 90% removal 97% removal 95% removal
2. Industries pro- 1,000 2,000 600 1,000

ducing BOD within or or or or
10,000 to 30,000 95% removal 90% removal 97% removal 95% removal
mg/L
3. Industries pro- 1,500 3,000 900 500

ducing more than or or or or
30,000 mg/L 95% removal 90% removal 97% removal 95% removal
NOTE:
1. Use either the numerical limit or percentage removal whichever is lower (or
whichever is stricter).
2. Starting January 1, 1995, the applicable effluent requirements for old or exist-
ing industries are indicated in Table 3B.
3. For parameters other than BOD, Table 2A and Table 2B both under Section
5 shall apply.
b. Requirement for New Industries—Upon the effectivity of these regula-
tions, new / proposed industries, or those old / existing industries that are yet to
construct their wastewater treatment facilities, which are producing or treating
strong wastewaters shall comply with the requirements in Table 3B below. By
January 1995, this Table shall be applicable to all industries producing strong
wastes.
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TABLE 3B—Effluent Standards for New* Industries Producing Strong Wastes

upon Effectivity of these Regulations, and for all Industries Producing Strong
Wastes starting January 1, 1995.
Industry Classification Maximum Allowable Limits in mg/L

Bases on BOD of Raw Based on Receiving Body of Water
Wastewater
Inland Waters Coastal Waters
(Class C & D) (Class SC & SD)
1. Industries producing 130 or 98% removal 200 or 97% removal

within 3,000 to 10,000 mg
BOD/L
2. Industries producing 200 or 99% removal 600 or 97% removal
within 10,000 to 30,000 mg
BOD/L
3. Industries producing more 300 or 99% removal 900 or 97% removal
than removal more than
30,000 mg BOD/L
Note: Including old or existing industries producing strong waste wastewater

treatment plants are still to be constructed. Use either numerical limits or percentage
removal whichever is lower (or whichever is more strict).
2. For parameters other than BOD, Tables 2A and 2B shall apply.
SEC. 7. Mixing Zone Requirements.—The following general conditions shall gov-

ern the location and extent of the mixing zone:
a. No mixing zone or combination of mixing zones shall be allowed to signifi-
cantly impair any of the designated uses of the receiving body of water.
b. A mixing zone shall not include an existing drinking water supply intake if
such mixing zone would significantly impair the purposes for which the supply is util-
ized.
c. A mixing zone for rivers, streams, etc., shall not create a barrier to the free
migration of fish and aquatic life.
d. A mixing zone shall not include a nursery area of indigenous aquatic life nor
include any area designated by the Department of Environment and Natural Resources
for shellfish harvesting, tourist zones and national marine parks and reserves, coral
reef parks and reserves and declared as such by the appropriate government agency.
e. In general, the length of the mixing zone or plum in rivers or similar water-
ways shall be as short as possible and its width shall be preferably not more than one-
half of the width of the waterway.
732
f. In discharging hot effluents from power plants, mineral ore milling and similar
generators of large volume of liquid wastes the permissible size of the mixing zone shall
be determined through modelling taking into consideration the size, hydraulic and hy-
drological data of the receiving body of water and the design and siting of the wastewa-
ter outfall.
g. For the protection of aquatic life resources, the mixing zone must not be used
for, or be considered as, a substitute for wastewater treatment facility.
SEC. 8. Additional Requirements
a. In addition to fulfilling the above-stated requirements in Sections 4 to 6, no ef-
fluent shall cause the quality of the receiving body of water to fall below the prescribed
quality in accordance with its classification or best usage.
b. Where the combined effect of a number of individual effluent discharges causes
one or more water quality parameters to exceed the prescribed limits, the maximum
permissible concentrations of such parameters shall be reduced proportionately so as to
maintain the desired quality.
c. When discharging effluents into coastal waters, the location and design of the
submarine outfall shall be based on prevailing oceanographic and wind conditions so
that discharged materials shall be find their say back to the shore and that there shall
be minimum deposition of sediments near and around the outfall.
d. Effluents discharged into protected inland and coastal waters Category II,
such as Class A B and SB, shall meet the requirements of Sections 4 and 5 above.
e. Starting January 1, 1995 old or existing industries shall comply with the
standards set for new industries in these regulations.
f. For a period to be determined by the Department Secretary and provided that
the resulting effect on receiving waters does not pose an immediate threat to life, public
health, safety or welfare or to animal or plant life or property, any existing industry
that produces strong wastes which cannot meet the limits for BOD in Tables 3A and 3B,
maybe allowed to operate and be issued a temporary permit to operate on condition that
it pays first a penalty fee for polluting a receiving body of water in the amount equiva-
lent to five pesos (P5.00) per kilogram of BOD discharged per day in exceedance of the
allowable effluent limit provided further that the calculated fine shall not exceed P5,000
per day in accordance with PD 984 and its implementing rules and regulations. (Con-
version Factor: 1 mg/L = 1 g/cu.m.)
g. Each discharger covered under these regulations shall monitor its effluent and
its effect on the receiving body of water regularly in order to ensure compliance with
Sections 4, 5 and 6 hereof and Section 69, as amended, of the 1978 NPCC Rules and
Regulations.
733
WATER
SEC. 9. Prohibitions.—
a. No industrial or domestic sewage effluent shall be discharged into Class AA
and SA waters.
b. In order to avoid deterioration of the quality of the receiving body of water, no
new industrial plant with high waste load potential shall discharge into a body of water
where the dilution or assimilative capacity of said water body during dry weather condi-
tion is insufficient to maintain its prescribed water quality according to its usage or
classification.
c. No person shall discharge, wholly or partially, untreated or inadequately
treated industrial effluents directly into bodies of water or through the use of by-pass
canals and/or pumps and other unauthorized means except upon prior approval of the
Department Secretary.
d. Other Restrictions:
1. All water pollution control facilities/installations shall be properly and
consistently maintained and correctly and continuously operated in order to main-
tain an effluent quality that complies with Sections 4 to 6 of these regulations.
2. No industrial or manufacturing plant shall be operated without the con-
trol facilities or wastewater treatment system in good order or in proper operation
except with the permission of the Department Secretary when special circum-
stances arise.
3. No industrial or manufacturing plant or source of pollution shall be oper-
ated at capacities beyond the limits of operation or capability of the wastewater
treatment facility in order to maintain the effluent quality within the standards or
pertinent conditions required by law and/or stipulated in the permit to operate.
4. No person shall build, erect, install or use any equipment, contrievance or
any means the use of which will conceal and/or dilute an effluent discharge and
which otherwise constitute a violation of any provisions of these regulations or the
1978 NPCC Rules and Regulations, as amended.
SEC. 10. Methods of Analysis for Effluents.—For purposes of these Regulations,
any domestic or industrial effluent discharged into any body of water or watercourse
shall be analyzed in accordance with the latest edition of the “Philippine Standard
Methods for Air and Water Analyses”, the “Standard Method for the Examination of
Water and Wastewater” published jointly by the American Public Health Association,
the American Waterworks Association and the Water Pollution Control Federation of
the United States, or in accordance with such other methods of analysis as the Depart-
ment may prescribe. The approved methods of analysis are given in Table 4.
734
TABLE 4—Approved Methods of Analysis
PARAMETER METHOD OF ANALYSIS

ARSENIC Silver Diethyldithiocarbamate Method
(Colorimetric)
BOD Azide Modification (Dilution Technique)
BORON Carmine Method (Colorimetric Method)
CADMIUM Atomic Absorption Spectrophotometry
(Wet ashing with concentration HNO3 +
HCI)
CHLORINATED HYDROCARBONS Gas Chromatography (ECD)
CHROMIUM(Hexavalent) Diphenyl Carbazide Colorimetric Method
COLOR Visual Comparison Method Platinum Cobalt
Scale
CYANIDE Specific Ion Electrode Method
DISSOLVED OXYGEN Azide Modification (Winkler Method),
Membrane Electrode (DO meter)
FECAL COLIFORMS Multiple-Tube Fermentation Technique or
Membrane Filter
LEAD Atomic Absorption Spectrophotometry
NITRATE AS NITROGEN Bruccine Method for Saline Waters, spe-
cific Ion Electrode Meter for Fresh Water
OIL AND GREASE Gravimetric Method (Petroleum Ether Ex-
traction)
ORGANO PHOSPORUS Gas Chromatography (FPD)
COMPOUNDS
PCB Gas Chromatography (ECD)
pH Glass Electrode Method
PHENOLIC SUBSTANCES Chloroform Extraction Method
PHOSPHATE AS Stannous Chloride Method
PHOSPOROUS
SETTLEABLE SOLIDS Imhoff Cone Method
SURFACTANT (MBAS) Methylene Blue Method (Colorimetric)
TEMPERATURE Use of Mercury-Filled Thermometer
TOTAL COLIFORMS Multiple-Tube Fermentation Technique or
Membrane Filter
TOTAL MERCURY Cold Vapor Technique, (Mercury Analyzer,
AAS)
TOTAL SUSPENDED Gravimetric Method
NOTE: Other methods found in the Philippine Standard Methods for Air and
Water Analysis, the “Standard Methods for the Examination of Water and Waste Wa-
ters,”, published jointly by American Public Health Association, the American Water-
735
WATER
works Association and the Water Pollution Control Federation of the U.S. or in accor-
dance with such other method of analyses as the DENR may prescribe.
SEC. 11. Maximum Quantity to be Discharged.—For the protection of public
health and the aquatic resources of the country and in cases where the volume, strength
and nature of one or more pollutants, enumerated in, or not otherwise covered in the
preceding Sections, are expected to cause a serious deterioration of a receiving body of
water or cause harm or injury to aquatic life and resources, the Department Secretary
shall promulgate guidelines for the use of the concerned line agencies, providing for the
maximum quantity of any pollutant or contaminant that maybe allowed to be dis-
charged into the said body of water or watercourse, including the maximum rate at
which the contaminant may be so discharged.
This section particularly applies, but is not limited to industrial effluents covered
under Section 6 of these
regulations, specifying in
kilograms per day the BOD
that may be discharged
considering the classifica-
tion and dry weather flow
of the receiving body of
water.
SEC. 12. Penal-
ties.—Any person or group
of persons found violating
or failing to comply with
any Order or Decision of
the Department and/or the
Pollution Adjudication
Board or any provision of
these Regulations, shall be
liable under Section 9 of
the Pollution Control Law
(PD No. 984) and/or Sec- “Water is life’s mater and matrix, mother and medium. There is
tion 106 of the 1978 NPCC no life without water.”— Albert Szent-Gyorgyi, Hungarian
Rules and Regulations, as biochemist and Nobel Prize Winner for Medicine.
amended. (T. Cayton)
SEC. 13. Separabil-
ity Clause.—Any Section or provision of these regulations declared to be unconstitu-
tional or invalid by a competent court, the other Sections or provisions hereof shall
remain to be in force.
736
LOCAL WATER UTILITIES
SEC. 14. Repealing Clause.—Any provision of the 1978 Rules and Regulations,
as amended, the Effluent Regulations of 1982, and other existing rules and regulations
of the Department which are inconsistent herewith are hereby repealed.
SEC. 15. Amendments.—This Regulations may be amended and/or modified
from time to time by the Department.
SEC. 16. Effectivity.—This Regulations shall take effect thirty (30) days after
publication in the official gazette or any newspaper of general circulation.
APPROVED: 1990
Local Water Utilities (Presidential Decree No. 198)

Whereas, one of the prerequisites to the orderly and well-balanced growth of urban
areas is an effective system of local utilities, the absence of which is recognized as a
deterrent to economic growth, a hazard to public health and an irritant to the spirit and
well-being of the citizenry;
Whereas, domestic water systems and sanitary sewers are two of the most basic
and essential elements of local utility system, which, with a few exceptions, do not exist
in provincial areas in the Philippines;
Whereas, existing domestic water utilities are not meeting the needs of the com-
munities they serve; water quality is unsatisfactory; pressure is inadequate; and reli-
ability of service is poor; in fact, many persons receive no piped water service whatso-
ever;
Whereas, conditions of service continue to worsen for two apparent reasons,
namely: (1) that key element of existing systems are deteriorating faster than they are
being maintained or replaced, and (2) that they are not being expanded at a rate suffi-
cient to match population growth; and
Whereas, local water utilities should be locally-controlled and managed, as well as
have support on the national level in the area of technical advisory services and financing;
the powers vested in my by the Constitution, as Commander-in-Chief of all the Armed
1972 and General Order No. 1 dated September 22, 1972, as amended, do hereby de-
cree, order, and make as part of the law of the land the following measure:
Title I—Preliminary Provisions
SECTION 1. Title.—This Decree shall be known and referred to as the “Provin-

cial Water Utilities Act of 1973.”
SEC. 2. Declaration of Policy.—The creation, operation, maintenance, and ex-
pansion of reliable and economically viable and sound water supply and wastewater
737
WATER
disposal system for population centers of the Philippines is hereby declared to be an

objective of national policy of high priority. For purpose of achieving said objective, the
formulation and operation of independent, locally controlled public water districts is
found and declared to be the most feasible and favored institutional structure. To this
end, it is hereby declared to be in the national interest that said districts be formed and
that local water supply and wastewater disposal systems be operated by and through
such districts to the greatest extent practicable. To encourage the formulation of such
local water districts and the transfer thereto to existing water supply and wastewater
disposal facilities, this Decree provides the general act the authority for the formation
thereof, on a local option basis. It is likewise declared appropriate, necessary and advis-
able that all funding requirements for such local water systems, other than those pro-
vided by local revenues, should be channeled through and administered by an institu-
tion on the national level, which institution shall be responsible for and have authority
to promulgate and enforce certain rules and regulations to achieve national goals and
the objective of providing public waterworks services to the greatest number at least
cost, to effect system integration or joint investments and operations whenever eco-
nomically warranted and to assure the maintenance of uniform standards, training of
personnel and the adoption of sound operating and accounting procedures.
SEC. 3. Definitions.—As used in this Decree, the following words and terms
shall have the meanings herein set forth, unless a different meaning clearly appears
from the context. The definition of a word or term applies to any of its variants.
a. Act—This Provincial Water Utilities Act of 1973.
b. Appointing authority—The person empowered to appoint the members of the
board of directors of a local water district, depending upon the geographic coverage and
population make-up of the particular district. In the event that more than seventy-five
percent of the total active water service connections of a local water district are within
the boundary of any city or municipality, the appointing authority shall be the mayor of
that city or municipality, as the case may be; otherwise, the appointing authority shall
be the governor of the province within which the district is located. Provided, That if the
existing waterworks system in the city or municipality established as a water district
under this Decree is operated and managed by the province, initial appointment shall
be extended by the governor of the province. Subsequent appointments shall be as
specified herein.
If portions of more than one province are included within the boundary of the dis-
trict, and the appointing authority is to be the governors then the power to appoint
shall rotate between the governors involved with the initial appointments made by the
governor in whose province the greatest number of service connections exists.48
c. Administration—The Local Waters Utilities Administration chartered in Title
III of this Decree.
d. NEDA—The National Economic and Development Authority.
e. Board or Board of Directors—The board of directors of a district.
738
f. Contracts—All agreements, including leases, conveyances, and obligations.

g. District—A local water district formed pursuant to Title II of this Act.
h. Local Water Utility—Any district, city, municipality, province, investor-owned
public utility or cooperative corporation which owns or operates a water system serving
an urban center in the Philippines, except that said term shall not include the Metro-
politan Waterworks and Sewerage System (MWSS) or any system operated by the Bu-
reau of Public Work as successor to the Wells and Springs Department of the National
Waterworks and Sewerage Authority.
i. Person—A natural person, corporation, cooperative, partnership, association,
city, municipality, or other juridical entity.
j. Property—All real and personal property, including but not limited to water,
water rights, works, easements, rights of way.
k. Street—Includes road, valley, avenue, highway, or other public way.
l. Trustee or Board of Trustees—The board of trustees of the administration.
Title II — Local Water District Law
Chapter I
Title
SEC. 4. Title.—The provisions of this Title shall be known and referred to as the
“Local Water District Law.”
Chapter II
Purpose and Formation
SEC. 5. Purpose.—Local water districts may be formed pursuant to this Title for
the purposes of (a) acquiring, installing, improving, maintaining and operating water
supply and distribution systems for domestic, industrial, municipal and agricultural
uses for residents and lands within the boundaries of such districts, (b) providing, main-
taining and operating water collection, treatment and disposal facilities, and (c) con-
ducting such other functions and operations incidental to water resource development,
utilization and disposal within such districts, as are necessary or incidental to said
purpose.
SEC. 6. Formation of District.—This Act is the source of authorization and
power to form and maintain a district. For purposes of this Act, a district shall be con-
sidered as a quasi-public corporation performing public service and supplying public
wants. As such, a district shall exercise the powers, rights and privileges given to pri-
739
WATER
vate corporations under existing laws, in addition to the powers granted in, and subject
46
to such restrictions imposed, under this Act.
Once formed, a district is subject to the provisions of this Act and not under the ju-
risdiction of any political subdivision. To form a district, the legislative body of any city,
municipality, or province shall enact a resolution containing the following:
a. The name of the local water district, which shall include the name of the city,
municipality, or province, or region thereof, served by said system, followed by the
words water district.
b. A description of the boundary of the district. In the case of a city or municipal-
ity, such boundary may include all lands within the city or municipality. A district may
include one or more municipalities, cities or provinces, or portions thereof. Provided,
That such municipalities, cities and provinces or portions thereof, cover a contiguous
47
area.
c. A statement completely transferring any and all waterworks and/or sewerage
facilities operated by or under the control of such city, municipality or province to such
48
district upon the filing of resolution forming the district.
d. A statement identifying the purpose for which the district is formed, which
shall include those purposes outlined in Section 5 above.
e. The names of the initial directors of the district with the date of expiration of
term of office for each which shall be on the 31st day of December of first, second, or
49
third even-numbered year after assuming office, as set forth in Section 11 hereof.
f. A statement that the district may only be dissolved on the grounds and under
the conditions set forth in Section 44 of this Title.
g. A statement acknowledging the powers, rights and obligations as set forth in
Section 36 of this Title.
Nothing in the resolution of formation shall state or infer that the local legislative
body has the power to dissolve, alter or affect the district beyond that specifically pro-
vided for in this Act.
If two or more cities, municipalities or provinces, or any combination thereof, de-
sire to form a single district, a similar resolution shall be adopted in each city, munici-
pality and province; or the city, municipality or province which seventy-five percent
(75%) of the total active service connection are situated shall pass an initial resolution
50
to be concurred in by the other cities, municipalities, or provinces.
_______________________
46
47
As amended by Sec. 2, P.D. No. 768, 15 August 1975.
48
49
50
740
SEC. 7. Filing of Resolution.—A certified copy of the resolution or resolution

forming a district shall be forwarded to the Office of the Secretary of the administra-
tion. If found by the administration to conform to the requirements of Section 6 and the
policy objectives in Section 2, the resolution shall be duly filed. The district shall be
deemed duly formed and existing upon the date of such filing. A certified copy of said
resolution showing the filing stamp of the administration shall be maintained in the
office of the district. Upon such filing, the local government or governments concerned
shall lose ownership, supervision and control or any right whatsoever over the district
51
except as provided herein.
Chapter III
Directors
SEC. 8. Number and Qualifications.—The Board of Directors of a district shall

be composed of five citizens of the Philippines who are of voting age and residents
within the district. One member shall be a representative of civic-oriented service clubs,
one member a representative of business, commercial, or financial organizations, one
member a representative of educational or religious institutions and one member a
representative of women’s organizations. No public officials shall serve as director.
Provided, however, That if the district has availed of the financial assistance of the
administration, the administration may appoint any of its personnel to sit in the board
of directors with all the rights and privileges appertaining to a regular member, for
such period as the indebtedness remains unpaid, in which case the board shall be com-
52
posed of six members.
SEC. 9. Appointment.—Board members shall be appointed by the appointing au-
thority. Said appointments shall be made from a list of nominees, if any, submitted
pursuant to Section 10. If no nominations are submitted, the appointing authority shall
appoint any qualified person of the category to the vacant position.
SEC. 10. Nominations.—On or before October 1 of each even-numbered year,
the secretary of the district shall conduct each known organization, association, or insti-
tution being represented by the director whose term will expire on December 31 and
solicit nominations from these organizations to fill the position for the ensuring term.
One nomination may be submitted in writing by each such organization to the Secre-
tary of the district on or before November 1 of such year: This list of nominees shall be
transmitted by the Secretary of the district to the office of the appointing authority on
or before November 15 of such year and he shall make his appointment from the list
submitted on or before December 15. In the event the appointing authority fails to make
his appointments on or before December 15, selection shall be made from said list of
nominees by majority vote of the seated directors of the district constituting a quorum.
_______________________
51
52
Provision was added by Sec. 2, P.D. No. 1479, 11 June 1978.
741
WATER
Initial nominations for all five seats of the board shall be solicited by the legislative
body or bodies at the time of adoption of the resolution forming the district. Thirty days
thereafter, a list of nominees shall be submitted to the provincial governor in the event
53
the resolution forming the district is by a provincial board, or the mayor of the city or
municipality in the event the resolution forming the adoption of the district is by the
54
city or municipal board of councilors, who shall select the initial directors therefrom
within15 days after receipt of such nominations.
SEC. 11. Term of Office.—Of the five initial directors of each newly formed dis-
trict, two shall be appointed for a maximum term of two years, two for a maximum term
of four years, and one
for a maximum term of
six years. Terms of
office of all directors in
a given district shall be
such that the term of
at least one director,
but not more than two
directors, shall expire
on December 31 of each
even-numbered year.
Regular terms of office
after the initial terms
shall be for six years
commencing on Janu-
ary 1 of odd-numbered
years. Directors may
be removed for cause
only, subject to review
“The nobles of the elements is water.”—Pindar, 476 B.C.
and approval of the
(Y. Lee) 55
administration.
SEC. 12. Vacancies.—In the event of a vacancy in the board of directors occur-
ring more than six months before expiration of any director’s term, the remaining direc-
tors shall, within 30 days, serve notice or request the secretary of the district for nomi-
nations and within 30 days thereafter a list of nominees shall be submitted to the ap-
pointing authority for his appointment of a replacement director from the list of nomi-
nees. In the absence of any such nominations, the appointing authority shall make such
appointment. If within 30 days after submission to him of a list of nominees the ap-
pointing authority fails to make an appointment, the vacancy shall be filled from such
list by a majority vote of the remaining members of the Board of Directors constituting
_______________________
53
Now Sangguniang Panlalawigan.
54
Now Sangguniang Panlalawigan.
55
742
a quorum. Vacancies occurring within the last six months of an unexpired term may be
filled by a vote of a majority of the remaining members of the Board of Directors consti-
56
tuting a quorum. The director thus appointed shall serve the unexpired term only.
SEC. 13. Compensation.—Each director shall receive a per diem, to be deter-
mined by the Board, for each meeting of the Board actually attended by him, but no
director shall receive per diems in any given month in excess of the equivalent of the
total per diem in four meetings in any given month. No director shall receive other
compensation for services to the district.
57
Any per diem in excess of P50 shall be subject to approval of the administration.
SEC. 14. Personal Liability.—No director may be held to be personally liable for
any action of the district.
Chapter IV
The Board
SEC. 15. Organizational Meeting.—The board shall hold its first meeting as
soon as practicable after appointment of the first directors, and not later than 45 days
after formation of the district. At said first meeting of each odd-numbered year, the
Board shall elect a chairman, vice-chairman, secretary, and treasurer. Such secretary
and treasurer may, but need not be members of the Board, and the offices of secretary
and treasurer may be held by the same person.
SEC. 16. Quorum.—A majority of the Board present in person shall constitute a
quorum for the transaction of business: Provided, however, That no resolution or motion
shall be adopted or become effective without the affirmative vote of a majority of the
authorized number of members of the board.
Chapter V
Powers and Duties of the Board
SEC. 17. Performance of District Powers.—All powers, privileges, and duties of

the district shall be exercised and performed by and through the board: Provided, how-
ever, That any executive, administrative, or ministerial power shall be delegated and
redelegated by the board to officers or agents designated for such purpose by the board.
SEC. 18. Functions Limited to Policy-Making.—The function of the board shall
be to establish policy. The board shall not engage in the derailed management of the
district.
SEC. 19. By-laws.—At first meeting, the board shall adopt, and may thereafter
from time to time amend by-laws for the operation of business and affairs of the board
_______________________
56
57
743
WATER
and the district. By-laws may not be amended without 30 days public notice to that
effect, and a public hearing held.
SEC. 20. System of Business Administration.—The Board shall, as soon as prac-
ticable, prescribe, and define by the resolution a system of business administration and
accounting for the district, which shall be patterned upon and conform to the standard
established by the administration. Auditing shall be performed by a certified public
accountant not in the government office. The administration may, however, conduct
annual audits of the fiscal operations of the district to be performed by an auditor re-
tained by the administration. Expenses incurred in connection therewith shall be borne
58
equally by the water district concerned and the administration.
SEC. 21. Depository.—The district’s depository shall be the Philippine National
Bank, unless use of such bank is impractical: Provided, however, That any and all re-
serves accumulated for capital improvements may be deposited with the administration.
SEC. 22. Contracts.—All contracts of the district shall be entered into by or pur-
suant to authority of the Board: Provided, however, That the Board may by resolution
delegate and redelegate to officers or agents of the district, under such conditions and
restrictions as shall be affixed by the Board, the power to bind the district by contract.
Chapter VI
Officers and Employees
SEC. 23. The General Manager.—At the first meeting of the Board, or as soon
thereafter as practicable, the Board shall appoint, by a majority vote, a general man-
ager, an auditor, and an attorney, and shall define their duties and fix their compensa-
59
tion. Said officers shall service at the pleasure of the Board.
SEC. 24. Duties.—The duties of the general manager and other officers shall be
determined and specified from time to time by the Board. The General Manager, who
shall not be a director, shall, subject to approval of the Board, have full supervision and
control of the maintenance and operation of water district facilities, with power and
authority to appoint all personnel of the district, Provided, That the appointment of
60
personnel in the supervisory level shall be subject to the approval of the Board.
Chapter VII
Powers of District
SEC. 25. Authorization.—The district may exercise all the powers which are ex-
pressly granted by this Title or which are necessary implied from, or incidental to the
_______________________
58
59
60
744
powers and purposes herein stated. For the purpose of carrying out the objectives of
this Act, a district is hereby granted the power of eminent domain, the exercise thereof
61
shall, however, be subject to review by the administration.
62
SEC. 26. Acquisition of Waterworks.—A district may purchase, construct, or
otherwise acquire works, water, water rights, land, rights, and privileges useful or nec-
essary to convey, supply, store, collect, treat, dispose of, or make other use of water for
any purpose authorized by this Title. In the acquisition of water or water or water
rights the district shall cooperate with existing agencies of the government of the Phil-
ippines.
63
SEC. 27. Sale of Water.—The district shall have the power to sell water, pur-
suant to generally applicable rules and regulations, to any person for use within the
district. As a condition of such sale, the district may require the filing of a written ap-
plication for service, payment of established charges or deposits and execution of water
service contract.
A district may provide service to public faucets or hydrants provided that it shall
first have executed an application and service contract with the government entity to
establish or maintain such faucets or hydrants within the district. The district will be
paid for such service in the same manner as regular domestic service and pursuant to
the adopted rules and regulations of the district.
Any district holding a valid Certificate of Conformance or a Conditional Certificate
of Conformance from the administration shall be exempt from regulation by the Public
64
Service Commission or its successors.
65
SEC. 28. Sewerage.—A district may require, construct, operate, and furnish
facilities and services, within or without the district, for the collection, treatment, and
disposal of sewerage, waste, and storm water. The district may only furnish such ser-
vices outside the district by means of facilities designed primarily to serve inside the
district. Upon providing a sewer system in any area of the district, the district may
require all buildings used by human beings to be connected to the sewer system within
such reasonable time as may be prescribed by the district, provided that the property
upon which such building to be connected stands is located within 35 meters of an exist-
ing main of the district’s sewer system, the district may declare the further mainte-
nance or use of cesspools, septic tanks, or other local means of sewerage disposal in such
area to be a public nuisance and, after notice in writing of at least 10 days, deprive said
property owner of any and all services provided by the district, which sanction may be
_______________________
61
The original provisions of Sec. 25 were repealed by Sec. 3, P.D. 1479, Sec. 26 was renum-
bered and amended by Sec. 4, P.D. No. 1479.
62
Originally Sec. 27, renumbered by Sec. 5, P.D. No. 1479, 11 June 1978.
63
64
Now National Water Resources Council
65
745
WATER
co-extensive with the period during which the property owner persists in refusing to
connect with the district’s sewer system.
66
SEC. 29. Rights of Way.—The right is hereby granted to locate, construct, and
maintain works of the district on any land which is now, or hereafter may be, owned by
the government of the Philippines or by any of its political subdivisions, and/or instru-
mentalities. A district may construct any works along, under or across any street, wa-
tercourse, railway, or conduit in a manner which will afford security for life and prop-
erty: Provided, That in planning any such works, the environmental aspects shall also
be considered.
67
SEC. 30. Contracts.—A district shall have the power to enter into contracts
with any person for the purpose of performing any functions of the district: Provided,
That the board of directors may not by contract delegate any of the discretionary powers
vested in the board by this Title. Specifically, but without limiting said general power, a
district may enter into the following contracts:
a. Cooperation—Agreement with the government of the Philippines or any of its
agencies or political subdivisions for the cooperative or joint performance of any func-
tion of the district.
b. In-Lieu Share—As an incident to the acquisition of the existing water system
of a city, municipality, or province, a district may enter into a contract to pay in lieu
share for such utility plant, an annual amount not exceeding three percent (3%) of the
district’s gross receipts from water sales in any year: Provided, however, That no con-
tract of this nature shall be executed during the first five years of the existence of the
district; and Provided, further, That the board of directors shall determine that such
contract will not adversely affect or impair the fiscal position and operations of the
68
district as verified by the administration.
c. MWSS Agreement—In the event the city, municipality, or province has not
reached agreement with the Metropolitan Waterworks and Sewerage System pursuant
to Sections 15 and 17 of Republic Act No. 6234, a district may, with the consent of the
local government, act for and in behalf of the local interests in negotiating and execut-
ing such contract for final settlement of the consequences of MWSS involvement in the
operation of the water system.
SEC. 31. Protection of Waters of District.—A district shall have the right to:
a. Commence, maintain, intervene in, defend and compromise actions, and pro-
ceedings to prevent interference with or deterioration of water quality or the natural
flow of any surface, stream or ground water supply which may be used or useful for any
purpose of the district or be a common benefit to the lands or its inhabitants. The
ground water within a district is necessary to the performance of the district’s powers
_______________________
66
67
Originally Sec. 31 renumbered by Sec. 5, P.D. No. 1479, 11 June 1978.
68
746
and such district is hereby authorized to adopt rules and regulations subject to the
approval of the National Water Resources Council governing the drilling, maintenance
and operation of wells within its boundaries for purposes other than single family do-
mestic use on overlying land. Any well operated in violation of such regulations shall be
deemed an interference with the waters of the district.
b. Require a developer or builder of any structure within the service areas of the
district to extend or connect its pipeline facilities to the district facilities whenever such
development or structure is within one hundred meters of existing district facilities or
whenever the district is willing to extend its facilities within one hundred meters of said
development or structure. For the purpose of this section, development shall include the
subdivision of land for any purpose other than agricultural purpose, and structure shall
mean any building or facility to be used for residential, commercial or industrial pur-
poses.
c. Prohibit any person, firm, or corporation from vending, selling, or otherwise
disposing of water for public purposes within the service area of the district where dis-
trict facilities are available to provide such service, or fix terms and conditions by per-
mit for such sale or disposition of water.
d. Safeguard and protect the use of its waters. For this purpose, any person who
installs any water connection without the previous authority from the water district
established under this Decree; tampers water meters or uses jumpers or other devices
hereby water is stolen; steals or pilfers water or water meters; knowingly possesses
stolen or pilfered water or water meters shall, upon conviction, be punished by prision
correcional in its minimum period or a fine ranging from Two Thousand Pesos to Six
Thousand Pesos, or both. If the violation is committed with the connivance or permis-
sion of an employee or officer of the water district, an employee or officer shall, upon
conviction, be punished by a penalty one degree lower than prision correcional in its
minimum period and forthwith be dismissed and perpetually disqualified from employ-
69
ment in any utility or service company owned or controlled by the government.
e. Take over the management, administration, operation and maintenance of all
70
watersheds within its territorial boundaries.
71
SEC. 32. Fire Protection Capacity.—The district may install and maintain
pipeline capacity and additional hydrants for fire protection purposes: Provided, That
prior agreement has been executed with the public entity having principal fire protec-
tion responsibility within the district whereby the district will be reimbursed over the
reasonable life of said facilities for the cost of installation and operation of such fire
protection capacity and facilities.
_______________________
69
Originally Sec. 32, renumbered by Sec. 6, P.D. No. 1479, 11 June 1978. As amended by
Sec. 12, P.D. No. 768, 15 August 1975.
70
Paragraph (e) was inserted by Sec. 6, P.D. No. 1479, 11 June 1978.
71
747
WATER
Chapter VIII
Financial Provisions
SEC. 33. Receipt, Deposit, and Payment of District Funds.—The treasurer shall
receive, to the credit of the district and in trust for its use and benefit, all monies be-
longing to the district. All monies belonging to the district shall, where practicable, be
72
deposited by the treasurer in the Philippines National Bank.
SEC. 34. Bonds or Other Evidence of Indebtedness.—A district may borrow
money to raise funds to pay all costs of any public improvements authorized by this
Title and may issue negotiable or non-negotiable bonds, promissory notes or other evi-
dence of indebtedness to support such borrowings. These obligations may be secured by
a mortgage, pledge, deed of trust of or any other encumbrance upon any of its then
owned or after-required real or personal property, assets or revenues and the same
shall constitute a lien as to the principal and interest thereon, on all such property,
assets or revenues. The interests on such bonds or notes are exempt from all taxes,
73
duties, fees, imposts, or other charges of the national or local governments.
SEC. 35. Authority for Subsequent Borrowings.—Where a water district has bor-
rowed money from the administration, the district shall not borrow money or incur
further obligations from other sources without the prior written consent of the admini-
74
stration.
SEC. 36. Default.—In the event of default by the district in the payment of princi-
pal or interest on its outstanding revenue bonds, any bondholder shall have the power to
bring an action in any court of competent jurisdiction to compel the payment of such obli-
gation. If the bondholder or creditor concerned is the administration, it may, without the
necessity of judicial process, take over and operate the entire facilities, systems or proper-
ties of the district. For this purpose, the administration may designate its employees or
any person or organization to assume all powers of policy-decision and the powers of
management and administration, including but not limited to the establishment of water
rates and charges, the dismissal and hiring of personnel, the purchase of supplies, equip-
ment and materials and such other actions as may be necessary to operate the utility
75
efficiently.
_______________________
72
Originally Sec. 34, renumbered by Sec. 7, P.D. No. 1479, 11 June 1978. As amended by
P.D. No. 768, Sec. 13, 15 August 1975.
73
The original provisions of Sec. 35 were repealed by Sec. 13, P.D. No. 768, 15 August 1975.
74
Inserted by Sec. 16, P.D. No. 768, 15 August 1975 as Sec. 36. The same section was re-
numbered again by Sec. 7, P.D. No. 1479, 11 June 1978.
75
Inserted by Sec. 16, P.D. No. 768, 15 August 1975 as Sec. 37. The same section was re-
numbered again by Sec. 7, P.D. No. 1479, 11 June 1978.
748
Chapter IX
Revenues
“By means of water, we give life to everything.” — Koran, 21:30 (A. Oposa)
SEC. 37. Rates and Charges-Water.—A district may sell water under its control,
without preference, under uniform schedules of rates and charges as may be deter-
mined by the board, to any and all water users within the district. Said schedule may
provide for differential rates for different categories of use and different quantity blocks.
The district, so far as practicable, shall fix such rates and charges for water as will
result in revenues which will:
a. Provide for reimbursement from all new water customers for the cost of install-
ing new services and meters;
b. Provide for revenue from all water deliveries and services performed by the
district;
c. Pay the operating expenses of the district;
d. Provide for the maintenance and repairs of the works;
e. Provide a reasonable surplus for replacement extension and improvements;
and
f. Pay the interest and principal and provide a sinking or other fund for the
payment of debts of the district as they become due and establish fund for reasonable
76
reserves.
_______________________
76
Originally Sec. 37, renumbered and amended by Sec.17, P.D. No. 1479, 11 June 1978. Re-
numbered again by Sec. 7, P.D. No. 1479, Sec. 13, 11 June 1978.
749
WATER
77
SEC. 38. Service and Standby Charges—Sewer. —A district may prescribe and
collect rates and other charges for sewer services furnished. A district may also fix, levy
and collect a sewerage and wastewater service standby or availability charge in the
event sewer service is available and no connection is made. Such rates and charges may
be collected with the water charges of the district. In the event of failure to pay the
whole or any part thereof, district may discontinue any and all services for which such
bill is rendered, including water, shall not be construed to prohibit the district from
collecting rates and other charges in any other lawful manner.
78
SEC. 39. Production Assessment. —In the event the board of a district finds, af-
ter notice and hearing, that production of ground water by other entities within the
district for commercial or industrial uses in injuring or reducing the district’s financial
condition, the board may adopt and levy a ground water production assessment to com-
pensate for such loss. In connection therewith, the district may require necessary re-
ports by the operator of any commercial or industrial well. Failure to pay said assess-
ment shall constitute an invasion of the waters of the district and shall entitle this
79
district to an injunction and damages pursuant to Section 32 of this Title.
80
SEC. 40. Assessment and Standby Charges. —In order to obtain capital to finance
installation of sanitary sewerage, a district shall have the power to establish by resolution
of the board of directors the area to be benefited from such facilities. After a hearing and
upon notice to all parties affected, the district may levy and collect assessment, or standby
charges based upon available capacities or upon selected characteristics of property bene-
fited by said improvements, as determined by the board. Said characteristics may include,
but not limited to, the effective length of property fronting upon the proposed improve-
ment or in terms of the area contained within the boundary of said property. Said as-
sessment, if unpaid, shall be and constitute a lien on the land assessed.
SEC. 41. Disposition of Income.—The income of the district shall be disposed of
according to the following priorities: First, to pay its contractual and statutory obliga-
tions and to meet its essential current operating expenses. Second, to allocate at least
fifty percent (50%) of the balance exclusively as a reserve for debt service and operating
and maintenance, to be used for such purposes only during periods of calamities, force
majeure or unforeseen events. Third, to allocate the residue as a reserve exclusively for
81
expansion and improvement of its physical facilities.
_______________________
77
Originally Sec. 38, renumbered as Sec. 39 by Sec. 18, P.D. No. 768, Renumbered again as
Sec. 38 by Sec. 7, P.D. No. 1479, 11 June 1978.
78
79
Now Sec 31.
80
81
Inserted by Sec. 8, P.D. No. 1479, 11 June 1978.
750
Chapter X
Changes in Organization
82
SEC. 42. Exclusion of a Territory. —Any territory within the boundary of a dis-
trict may be excluded by resolution of the board of directors after notice to land owners
within the territory proposed to be excluded, and upon a finding that said lands do not
and will not benefit by reason of their inclusion within the district. A certified copy of
said resolution of exclusion shall be filed in the same manner and become effective in
accordance with the provisions applicable to the resolution forming the district.
83
SEC. 43. Annexations and Deannexation. —The administration may, after no-
tice to property owners within the territory proposed for annexation or deannexation
and following a hearing, make finding of benefit or potential benefit, and thereafter,
84
require (annexation or deannexation shall be accomplished by adoption and) filing of
an appropriate resolution in the same manner as the filing of the resolution forming a
district or of exclusion, as the case may be.
85
SEC. 44. Consolidation and Joint Operation. —The administration may require
the merger or consolidation of the facilities or operations of two or more districts formed
pursuant to the levy, in the event that the administration shall have determined, fol-
lowing a hearing, that such merger or consolidation is in the best interest of the resi-
dents in the districts involved.
SEC. 45. Dissolution.—A district may be dissolved by resolution of its board of
directors filed in the manner of filing the resolution forming the district: Provided, how-
ever, That prior to the adoption of any such resolution: 1) another public entity has
acquired the assets of the district and has assumed all obligations and liabilities at-
tached thereto; 2) all bondholders have been notified and they consent to said transfer
and dissolution; and 3) a court of competent jurisdiction has found that said transfer
86
and dissolution are in the best interest of the public.
Chapter XI
Protection to Districts
87
SEC. 46. Exemption from Taxes. —A district shall: 1) be exempt from paying in-
come taxes, and 2) be exempt from the payment of (a) all national government, local
government, and municipal taxes and fees, including any franchise, filing, recordation,
license or permit fees or taxes and fees, charges or costs involved in any court of admin-
_______________________
82
Originally Sec. 41, renumbered by Sec. 18, P.D. No. 768, 15 August 1975.
83
84
Words enclosed in parenthesis appear on the text as published in the Official Gazette, Vol.
69, No. 24, P. 5873.
85
86
87
751
WATER
istrative proceeding in which it may be a party and (b) all duties or imposts on imported
machinery, equipment and materials required for its operations.
SEC. 47. Exclusive Franchise.—No franchise shall be granted to any other per-
son or agency for domestic, industrial or commercial water service within the district or
any portion thereof unless and except to the extent that the board of directors of said
district consents thereto by resolution duly adopted, such resolution, however, shall be
88
subject to review by the administration.
Title III — Local Water Utilities

Administration Law
Chapter I — Title
89
SEC. 48. Title. —The Title of the Provincial Water Utilities Act of 1973 shall be
known and referred to as the “Local Water Utilities Administration Law.”
Chapter II
Charter and Purpose
SEC. 49. Charter.—There is hereby chartered, created, and formed a national

government corporation to be known as the “Local Water Utilities Administration”
which is hereby attached to the Office of the President. The provisions of this Title shall
90
be and constitute the charter of the administration.
SEC. 50. Purposes.—The administration shall primarily be a specialized lending
institution for the promotion, development and financing of local water utilities. In the
implementation of its functions, the administration shall, among others:
1. prescribe minimum standards and regulations in order to assure acceptable
standards of construction materials and supplies, maintenance, operation, personnel,
training, accounting and fiscal practices for local water utilities;
2. furnish technical assistance and personnel training programs for local water
utilities;
3. monitor and evaluate local water standards; 4) effect system integration, joint
investment and operations district annexation and deannexation whenever economi-
91
cally warranted.
_______________________
88
Originally Sec. 46, renumbered by Sec. 20, P.D. No. 768, 15 August 1975. As amended by
Sec. 9, P.D. No. 1479, 11 June 1978.
89
Originally Sec. 47, renumbered and amended by Sec. 20, P.D. No. 768, 15 August 1975.
90
91
752
Chapter III
Board of Trustees
SEC. 51. Composition.—The Board of Trustees of the administration shall be

composed of a chairman and four other members all of whom shall be citizens of the
Philippines.
One trustee at any time shall each have at least ten years experience in banking
or finance or business. One trustee at any time shall possess sufficient background in
the field of economics; one trustee at any time shall have experience in management or
systems operations. Two trustees at any time shall be civil or sanitary engineers with
experience related to water supply or wastewater operations. Not more than one trustee
may represent a private investor-owned utility. No elected official shall be entitled to
act as a trustee. At least three of the trustees must be employees of the national gov-
ernment.
92
The general manager shall be ex-officio member of the board.
SEC. 52. Appointment and Term of Office.—The trustees, with exception of the
ex-officio member, shall be appointed by the President of the Philippines. They shall
serve a term of five years each: Provided, That of the first five appointed, one shall
serve a term of five years, another for four years, the third for three years, the fourth for
two years. Trustees may be removed for cause only.
The incumbent trustees holding offices as such upon the effectivity of this amend-
ment shall continue to hold such office until the expiration of their original terms as
93
defined in their appointments.
94
SEC. 53. Vacancies. —Vacancies in the board of trustees for any reason what-
soever shall be filled by the President of the Philippines in like manner as in the case of
new appointments, but the trustees so appointed shall serve only the unexpired portion
of the term of the trustee substituted for.
95
SEC. 54. Powers. —All of the business and affairs of the administration shall be
carried on and its powers shall be exercised by and through the board of trustees. The
function of the trustees, however, shall be to establish policy, not to engage in the de-
tailed management of the administration.
SEC. 55. Compensation.—The trustees shall each receive a per diem as may be
fixed by the Board for each meeting actually attended by them: Provided, That the total
of such per diem in any one month for each Trustee, shall not exceed the equivalent of
the per diems for four meetings; Provided, further, That per diems in excess of three
hundred pesos per meeting shall be subject to approval of the Office of the President;
_______________________
92
93
94
95
753
WATER
and Provided, finally, That in addition, each Trustee shall be reimbursed his expenses
incurred in connection with the performance of his functions in such amount as may be
96
determined by the Board of Trustees.
Chapter IV
By-laws
SEC. 56. By-laws.—The Board of Trustees shall adopt a code of by-laws for the
conduct of the affairs of the administration, which may be amended from time to time
by the affirmative vote of four trustees.
Except as otherwise pro-
vided herein, the organiza- “The wise man of Miletus, thus declared the first of
tional structure and staffing things is water.”—J.S. Blackie, 1877
pattern of the administration,
the qualification of the appointive officers and employees, the powers and responsibili-
ties of the officers, the internal procedure of the administration, and such other matters
relative to the organization, management and conduct of the affairs of the administra-
tion shall be as provided in by the by laws; Provided, That, the appointment and disci-
plinary action against officers and employees of the administration shall be done and
97
effected pursuant to guidelines established by the Board of Trustees.
Chapter V
Officers and Employees
SEC. 57. Officers.—The Board shall elect a chairman and a vice-chairman, each
of whom shall be a trustee. In addition there shall be selected by the Board, a secretary,
98
treasurer, an auditor and a general counsel, each of whom shall not be a trustee.
SEC. 58. The General Manager and Other Employees.—The trustees shall select
a General Manager, who shall not come from the appointed trustees. The General Man-
ager shall receive compensation in an amount as may be fixed by the board, subject to
the approval of the President of the Philippines, but in no case less than fifty-four thou-
sand pesos per annum. The General Manager shall employ and appoint all additional
personnel; Provided, That the appointment of personnel in the supervisory level shall be
subject to confirmation by the board.
The incumbent manager holding office as such upon the effectivity of this amend-
ment shall continue to hold such office unless sooner terminated by competent author-
99
ity.
_______________________
96
97
Originally Secs. 55 and 56, renumbered and amended by Sec. 26, P.D. No. 768, 15 August
1975.
98
754
The regular professional and technical personnel of the administration shall be ex-
100
empt from WAPCO and Civil Service rules and regulations: Provided, That the per-
sonnel shall be entitled to the benefits and privileges normally accorded to government
employees, such as retirement, GSIS insurance, leave and similar matters.
Chapter VI
Powers
SEC. 59. General Corporate Powers.—The administration shall have all the
powers which are expressly granted to it under this Title, or which are necessary, im-
plied from or incidental to the powers and purposes herein stated.
SEC. 60. Borrowing and Security Therefore.—Administration may borrow funds
101
as authorized in Section 72 of this Title, and issue as security therefore debentures
constituting a lien on any and all securities, covenants and obligations of local water
102
utilities held by administration as security for loans made to such local water utilities.
SEC. 61. Loans.—Administration may make loans from its revolving loan fund
to qualified local water utilities, upon the following conditions and pursuant to the fol-
lowing procedures:
a. Qualification of Borrower—Before any loan may be granted, the local water
utility shall 1) hold a valid certificate of Conformance or a Condition Certificate of Com-
pliance from the administration, and 2) meet such other and further loan qualification
requirements as the trustees may establish;
b. Feasibility Study—A feasibility study which may be required by the admini-
stration for any proposed project for which loan funds are sought may be undertaken by
the water district, the administration or by a consultant prequalified by the administra-
tion;
c. Security—The administration may take as security for such loans the author-
ized revenue bonds or other evidence of debt by the local water district and a mortgage
on its properties;
d. Loan Document and Procedures—The trustees shall adopt uniform rules, loan
documents and procedures to be used in the granting of loans. Such rules shall include
provisions for security, payment and default, and shall authorize the administration to
act as receiver in the event of Court proceedings for enforcement.
_______________________
99
100
See P.D. No. 1597, 11 June 1978, which repeals all provisions that exempt agencies from
the Civil Service Law and Rules.
101
Now Sec. 73, infra.
102
755
WATER
e. Default—In the event of default by the local water district in the payment of
principal or interest on its outstanding bonds or other obligations to the administration,
the latter may, without the necessity of judicial process, take over and operate the fa-
cilities or properties of the district. For this purpose, the administration may designate
its employees or any person or organization to assume both the policy-making authority
and the powers of management, including but not limited to the establishment of water
rates and service charges, the dismissal and hiring of personnel, the purchase of equip-
ment, supplies or materials and such other actions as may be necessary to operate the
water district efficiently. Such policy-making and management prerogatives may be
returned to the board of directors and the general manager of the water district, respec-
tively, when all of its overdue accounts have been paid, all its reserve requirements
103
have been satisfied and all the causes of default have been met.
f. Funding of Loan—When a loan is made to a local water utility, the necessary
amount of such loan shall be programmed to assure completion of the project for which
104
such loan was granted.
SEC. 62. Regulations.—Administration shall have the power and duty to estab-
lish standards for local water utilities, and adopt rules and regulations for the enforce-
ment thereof. The administration shall vigorously consult and coordinate its actions
with all governmental agencies active in the areas of public works and all other con-
cerned agencies in the promulgation of these standards. Said standards and regulations
shall include the following:
a. Water Quality.—Minimum drinking water standards including a uniform test-
ing and reporting system. Said Standards shall include bacteriological, chemical and
physical parameters;
b. Design and Construction.—Minimum criteria for the design and construction
of new or additional facilities for water supply, treatment, transmission and distribu-
tion, and for wastewater collection, treatment and disposal;
c. Equipment, Materials, and Supplies.—Standards for the optimum selection
and effective utilization of equipment, materials and supplies by local water and sewer
utilities;
d. Operations and Maintenance.—Standardized procedures for operating and
maintaining equipment and facilities;
e. Personnel.—The training of personnel who operate or manage local water utili-
ties. For this purpose, at least a majority of the personnel of a local water district must
have satisfactorily completed appropriate training courses, programs and seminars
conducted by the administration, and must be holders of a certificate of completion or
competence, as the case may be, before a certificate of conformance is issued to the wa-
ter district.
_______________________
103
104
Paragraph (f) was inserted by Sec. 10, P.D. No. 1479, 11 June 1978.
756
For certain positions which the administration may specify, only those persons
possessing, or in the case of subsequent appointments, only persons who will undergo
training and shall have obtained within six months, a certificate of completion or com-
105
petence, as the case may be, shall be appointed.
f. Organization—Organizational and institutional criteria to assure independent
operation and funding of local water utilities;
g. Accounting—A uniform accounting system with uniform chart of accounts.
Said standards and regulations also shall include stipulated levels of internal reporting
to local water utility management.
SEC. 63. Rate Review.—Any publicly owned local utility holding a Certificate of
Conformance or a Conditional Certificate of Conformance from the Administration is
106
hereby declared exempt from the jurisdiction of the Public Service Commission or its
successor. Any rates or charges established by such a local water utility shall be ade-
quate to provide for:
a. Reimbursement from all new water customers for the cost of installing new
services and meters;
b. Revenue from all water deliveries and services performed by the district;
c. Annual operating expense of the district;
d. The maintenance and repairs of the works;
e. A reasonable surplus for replacement, extension and improvements; and
f. Payment of the interest and principal and provide a sinking or other fund for
the payment of debts of the district as they become due and establish a fund for reason-
107
able reserves.
The rates or charges established by such local district, after hearing shall have
been conducted for the purpose, shall be subject to review by the administration to es-
tablish compliance with the above-stated provisions. Said review of rates or any charges
shall be executory and enforceable after the lapse of seven calendar days from posting
thereof in a public place in the locality of the water district, without prejudice to an
appeal being taken therefrom by a water concessionaire to the National Water Re-
sources Council whose decision thereon shall be appealable to the Office of the Presi-
dent. An appeal to the Council shall be perfected within thirty days after the expiration
of the seven-day period of posting. The Council shall decide on appeal within thirty days
108
from perfection.
SEC. 64. Technical Assistance.—Administration shall provide technical assis-
tance to local water utilities; their boards, management and operating personnel, to aid
_______________________
105
106
Now National Water Resource Council.
107
108
757
WATER
in meeting the standards and criteria established by the administration, and to encour-
age the upgrading of the operations and management of such local water utilities. Said
technical assistance should consist of those matters which are practical to finance or
develop on a national basis but are beyond the capability of the individual local water
utility, as such.
SEC. 65. Training Programs.—Administration shall establish training pro-
grams and seminars for personnel of local water utilities. Programs shall include the
areas of utility management, operations, maintenance and customer service. Admini-
stration shall have the power to issue Certificate of Completion for the satisfactory
completion of a specified course of instruction. In the case of operational personnel,
administration may conduct appropriate examinations and issue corresponding Certifi-
cates of Competence to assist local water utilities to meet the personnel standards set
109
pursuant to Section 63 (d) of this Title.
SEC. 66. Certificate of Conformance.—Administration may require reports from
all water utilities, conduct field investigations, and review all available information to
determine whether there has been conformance to its standards and procedures estab-
lished pursuant to Section 6396 of this Title. Upon a finding that said standards are
met, the administration shall issue a Certificate of Conformance to any such local water
utility. Said Certificate may be revoked after due notice and hearing as to any local
water utility which thereafter fails to continue conformance with such standards. A
Conditional Certificate of Conformance may be issued where procedures and practices
have been adopted to assure conformances and a reasonable time schedule has been
adopted. Failure to reach conformance as contemplated shall be cause for revocation of
such conditional certificate, without hearing or other cause.
SEC. 67. Capital Stock.—The authorized capital of the Local Water Utilities
Administration is two billion, five hundred million pesos divided into twelve million five
hundred thousand shares of stocks with a par value of two hundred pesos per share
which shall be subscribed by the national government and opened to subscription by
110
private investors or government financial institutions.
SEC. 68. Payment of National Government Shares.—All amounts previously re-
leased by the national government to the revolving fund of the administration shall be
credited as payment for subscriptions to shares of stock at par value. Whatever balance
remaining of said subscription shall be paid from a continuing appropriation which is
hereby made out of any funds in the National Treasury not otherwise appropriated,
such annual appropriation to be programmed and released in accordance with pertinent
budget laws: Provided, That this continuing appropriation shall remain in force until
_______________________
109
Now Sec. 62.
110
The original provisions of Sec. 67 were repealed by Sec. 34, P.D. No. 768, and in lieu
thereof, the above provisions were substituted therefore.
758
the balance of the unpaid subscription of the government to the capital stock of the
111
administration have been paid in full.
112
SEC. 69. Operational Expenses. —The Board of Trustees is hereby authorized
to appropriate out of any funds of the administration, such amounts as it may deem
necessary for the operational and other expenses of the administration including the
purchase of necessary equipment.
113
SEC. 70. Charges. —To the extent that the administration performs services
for the benefit and at the request of a local water district or utility or a number of water
districts, utilities organizations, it may levy fees or charges for such service rendered.
Charges may include an assessment against water districts or utilities to finance
those functions of the Administration which are of general benefit to water districts or
utilities including, but not limited to, general administration and supervision.
114
SEC. 71. Receipt and Investment of Funds. —Whenever the administration re-
ceives money whether as payment for subscriptions to shares of stock, principal repay-
ments, interest income, payment for services rendered or for any purpose whatsoever, it
shall issue its own receipts and provide for their safe keeping and investment under
policy guidelines as may be established by the Board of Trustees in accordance with
Department of Finance regulations.
115
SEC. 72. Domestic Borrowing Authority. —The administration shall have the
authority to borrow money from all domestic loan sources whether government or pri-
vate; Provided, That its loans outstanding from domestic sources at any one time shall
not exceed one billion pesos.
SEC. 73. Authority to Contract Foreign Loan.—The administration is hereby au-
thorized to contract loans, credits, in any convertible foreign currency or capital goods,
and to incur indebtedness from time to time with foreign governments, or any interna-
tional financial institutions or fund sources, including suppliers credits or deferred
payment arrangements, the total outstanding amount of which, excluding interests,
shall not exceed five hundred million United States dollars or the equivalent thereof in
other currencies, on term and conditions promulgated by the Secretary of Finance and
the Monetary Board for the accomplishment of its objectives; and to enter into and exe-
cute contracts and other documents specifying such terms and conditions.
_______________________
111
112
113
The original provisions of Sec.70 were repealed by Sec. 35, P.D. No. 768, and in lieu
114
115
759
WATER
The President of the Philippines, by himself, or through his duly authorized repre-
sentative, is hereby authorized to negotiate and contract with foreign governments or
any international financial institution or fund sources in the name and on behalf of the
administration, one or several loans, for the purpose of implementing the administra-
tion’s program for the promotion and development of local water utilities through the
administration’s financing or lending operations.
The President of the Philippines, by himself or through his duly authorized repre-
sentative, is hereby further autho-
rized to guarantee, absolutely and
unconditionally, as primary obligor
and not as mere surety, in the name
and on behalf of the Republic of the
Philippines, the payment of the
loans, credits and indebtedness up to
the amount therein authorized, over
and above the amounts which the
President of the Philippines pur-
suant to loan agreements entered
into with foreign governments or any
international financial institution or
fund sources.
The loans, credit and indebted-
ness contracted under this Section
shall be in accord with the provisions
of the Foreign Borrowing Act as
116
amended.
SEC. 74. Depository for Re-
serves.—Any local water utility
which is accumulating reserves for
capital improvements may make
specified time deposits of the same to
the administration in the manner
“Water is the one substance from which the earth authorized for banks in handling
can conceal nothing; it sucks out its innermost
trust funds. Such funds shall not
secrets and brings them to our very lips.” — Jean
Giraudoux (T. Cayton)
become a part of the revolving loan
fund, nor shall they be used for
117
operating purposes by the administration.
_______________________
116
Originally a part of Sec. 71, renumbered and amended by Sec. 36, P.D. No. 768, 15 Au-
gust 1975.
117
As amended by Sec. 37, P.D. No. 768.
760
SEC. 75. Control and Supervision over All Releases of Appropriations for water-
works and Sewerage Systems.—Since the administration is charged with the develop-
ment of local water utilities, funds from prior and future appropriations of the national
government for waterworks and sewerage systems in cities, municipalities, and prov-
inces that are covered by duly formed water districts shall be released directly to the
administration for the account of the water districts concerned. The administration
may, however, draw from such account fees and charges for services rendered to the
118
water district concerned as specified in Section 70 of this Title.
SEC. 76. Government Assistance to Non-Viable Districts.—There shall be in-
cluded in the General Appropriations Act an outlay in the form of national government
aid or subsidy to meet the financial requirements in the development of water supply
systems of water districts which are determined by the administration to be financially
non-viable in such amount as the administration may recommend, but not exceeding
the cost of source development and main transmission line. Releases of such funds
shall be made directly to the administration. In the development of such water supply
systems, the administration shall exert all efforts to bring the levels of service within
119
the cost repayment capacity of the beneficiaries.
SEC. 77. Special Projects.—Whenever required by the national government to
provide funding requirements for the development of waterworks and sewerage systems
in municipalities, cities or provinces, or portions thereof not yet covered by a duly
formed water district, an outlay shall be provided in the General Appropriations Act,
upon the request of the administration, separate from its capitalization, for the pur-
poses of meeting the financial requirements of the project; Provided, however, That in
the event that funds for the project have already been appropriated by the national
government, such funds shall be released directly to the Administration. Expenses in-
curred by the administration for the service rendered may be drawn from such accounts
120
as provided in Section 70 of this Title.
SEC. 78. Exemption from All Taxes, Duties, Fees, Imposts, and Other Charges by
the Government.—To enable the administration to pay its indebtedness and obligations,
and in furtherance and effective implementation of the policies and objectives of this
Decree, the administration is hereby declared exempt:
a. From the payment of all taxes, fees, imposts, charges, costs, and restrictions by
the government of the Republic of the Philippines, its provinces, cities, municipalities,
and other government agencies and instrumentalities, and filing and service fees and
other charges of courts in any court administrative proceedings in which it may be a
party;
_______________________
118
Section inserted by Sec. 38, P.D. No. 768, 15 August 1975.
119
Section was inserted by Sec. 14, P.D. No. 1479, 11 June 1978.
120
Id.
761
WATER
b. From all income taxes, franchise taxes and realty taxes to be paid to the na-
tional government, its provinces, cities, municipalities and other government agencies
and instrumentalities; and
c. From all import duties, compensating taxes, wharfage fees on import of foreign
121
goods and equipment required for its operations and projects.
General Provisions
122
SEC. 79. Separability of Provisions. —If any provision of this Decree, or the
application of such provision to any person or circumstances, is declared invalid, the
remainder of the Decree or the application of such provision to other persons or circum-
123
SEC. 80. Effect on Other Acts. —All acts or parts of acts, decrees, general or-
ders, executive orders, proclamations, or rules and regulations inconsistent herewith
are repealed or modified accordingly.
124
SEC. 81. Effectivity. —This Decree shall take effect immediately.
Done in the City of Manila, this 25th day of May, 1973.
Metropolitan Waterworks and Sewerage System (Republic Act 6234)

SECTION 1. Declaration of Policy.—The proper operation and maintenance of
waterworks systems to ensure an uninterrupted and adequate supply and distribution
of potable water for domestic and other purposes and the proper operation and mainte-
nance of sewerage systems are essential public services because they are vital to public
health and safety. It is therefore declared a policy of the state that the establishment,
operation and maintenance of such systems must be supervised and controlled by the
state.
SEC. 2. Creation, Name, Domicile, and Jurisdiction.—
a. There is hereby created a government corporation to be known as the Metro-
politan Waterworks and Sewerage System, hereinafter referred to as the System, which
shall be organized within thirty (30) days after the approval of this Act.
b. The domicile and principal place of business of the System shall be in the City
of Manila. The System shall have such branches and agencies as may be necessary for
the proper conduct of its affairs.
_______________________
121
Section was inserted by Sec. 38, P.D. No. 768, 15 August 1975.
122
Originally Sec. 73, renumbered by Sec. 39, P.D. No. 768, 15 August 1975, and further re-
numbered by Sec. 15, P.D. No. 1479, 11 June 1978.
123
Originally Sec. 74, renumbered by Sec. 39, P.D. No. 768, 15 August 1975, and further re-
numbered by Sec. 15, P.D. No. 1479, 11 June 1978.
124
Originally Sec. 73, renumbered by P.D. No. 1479, 11 June 1.
762
METROPOLITAN WATERWORKS AND SEWERAGE SYSTEM
c. The System shall own and/or have jurisdiction, supervision and control over all
waterworks and sewerage systems in the territory comprising the cities of Manila,
Pasay, Quezon, Cavite and Caloocan, and the municipalities of Antipolo, Cainta, Las
Piñas, Makati, Malabon, Mandaluyong, Marikina, Montalban, Navotas, Parañaque,
Pasig, Pateros, San Juan, San Mateo, Taguig, Taytay, all of Rizal Province, the munici-
palities of Bacoor, Imus, Kawit, Noveleta, Rosario, all of Cavite province and
Valenzuela, Bulacan. All other waterworks and sewerage systems now under the su-
pervision and control of National Waterworks and Sewerage Authority (NWSA), shall
remain with the System unless the provinces, cities and municipalities concerned shall
elect to separate from the System, in which case, they shall communicate their decision
to the System and the separation shall take effect upon agreement of the System and
the local government not later than thirty (30) days from the time the System receives
the notice of the decision.
The Wells and Springs
Department of the National
Waterworks and Sewerage
Authority shall be ceded,
transferred and conveyed to
the Bureau of Public Works.
d. Any provision of
law to the contrary notwith-
standing, all existing water-
works systems or any system
that may hereafter be estab-
lished by cities and munici-
palities shall have exclusive
control and supervision over
all sources of water supply,
such as rivers and streams
for waterworks purposes in
their respective jurisdictions,
and any water right now
enjoyed by he National Wa-
terworks and Sewerage Au-
thority in the different cities
“I have little need to remind you that water has become one of our
and municipalities con- major national concerns.”—Ezra Taft Benson, U.S. Secretary of
cerned: Provided, however, Agriculture. (Opening sentence of the Foreword of the 1955
That in case of provincial Yearbook of Agriculture—dedicated entirely to water)
waterworks systems now (A. Oposa)
existing, the said water
rights shall be transferred to that provincial system.
763
WATER
SEC. 3. Attributes, Powers, and Functions.—The System shall have the follow-
ing attributes, powers and functions:
a. To exist and have continuous succession under its corporate name for a term of
fifty (50) years from and after the date of the approval of this Act, notwithstanding any
provision of law to the contrary: Provided, however, That at the end of the said period,
the System shall automatically continue to exist for another fifty (50) years, unless
otherwise provided by law;
b. To prescribe its by-law;
c. To adopt and use a seal and alter it at its pleasure;
d. To sue and be sued;
e. To establish the basic and broad policies and goals of the System;
f. To construct, maintain, and operate dams, reservoirs, conduits, aqueducts,
tunnels, purification plants, water mains, pipes, fire hydrants, pumping stations, ma-
chineries and other waterworks for the purpose of supplying water to the inhabitants of
its territory, for domestic and other purposes; and to purify, regulate and control the
use, as well as prevent the wastage of water;
g. To construct, maintain, and operate such sanitary sewerages as may be neces-
sary for the proper sanitation and other uses of the cities and towns comprising the
System;
h. To fix periodically water rates and sewerage service fees as the System may
deem just and equitable in accordance with the standards outlined in Section 12 of this
Act;
i. To construct, develop, maintain and operate such artesian wells and springs as
may be needed in its operation within its territory;
j. To acquire, purchase, hold, transfer, sell, lease, rent, mortgage, encumber, and
otherwise dispose of real and personal property, including rights and franchises, consis-
tent with the purpose for which the System is created and reasonably required for the
transaction of the lawful business of the same;
k. To construct works across, over, through and/or alongside, any stream, water-
course, canal, ditch, flume, street, avenue, highway or railway, whether public or pri-
vate, as the location of said works may require: Provided, That, such works be con-
structed in such manner as to afford security to life and property and so as not to ob-
struct traffic: Provided, further, That the stream, watercourse, canal, ditch, flume,
street, avenue, highway or railway so crossed or intersected be restored without unnec-
essary delay to its former state. Any person or entity whose right may be prejudiced by
said works shall not obstruct the same; however, he shall be given reasonable notice
before the construction and shall be paid just compensation. The System shall likewise
have the right to locate, construct and maintain such works on, over and/or through any
street, avenue, or highway and land and/or real rights of the Republic of the Philippines
764
or any of its branches, agencies and political subdivisions upon due notice to the office,
or entity concerned, subject solely to the condition that the street, avenue, or highway
in which said works are constructed be restored without unnecessary delay to its former
state unless otherwise agreed upon by the System and the office or entity concerned;
l. To exercise the right of eminent domain for the purpose for which the System
is created;
m. To contract indebtedness in any currency and issue bonds to finance projects
now authorized for the National Waterworks and Sewerage Authority under existing
laws and as may hereafter be expressly authorized by law with the approval of the
President of the Philippines upon the recommendation of the Secretary of the Finance;
n. To approve, regulate, and supervise the establishment, operation and mainte-
nance of waterworks and deepwells within its jurisdiction operated for commercial,
industrial and governmental purposes and to fix just and equitable rates or fees that
may be charged to customers thereof;
o. To assist in the establishment, operation and maintenance of waterworks and
sewerage systems within its jurisdiction under cooperative basis;
p. To approve and regulate the establishment and construction of waterworks
and sewerage systems in privately owned subdivisions within its jurisdiction;
q. To have exclusive and sole right to test, mount, dismount and remount water
meters within its jurisdiction;
r.. To render annual reports to the President of the Philippines and the presiding
officers of the two Houses of Congress not later than January thirty-first of every year.
SEC. 4. The Board of Trustees: Composition, Qualification, Appointment, Ten-
ure.—The corporate powers and functions of the System shall be vested in and exercised
by a Board of Trustees composed of a chairman, the general manager as ex officio vice-
chairman and three members, one of whom shall be nominated by the Labor Union
representing the majority of the rank-and-file of the employees in the System. They
shall possess any one or a combination of the following qualifications: duly licensed
professional of recognized competence in civil engineering and/or sanitary engineering,
business management and finance, and law, or recognized labor leader within the ranks
with sufficient training, particularly in the field of labor-management relations or cor-
porate practice, all of good moral character with at least five (5) years of actual and
distinguished experience in their respective fields of expertise.
The chairman and the three members of the board shall be appointed by the
President of the Philippines with the consent of the Commission on Appointments. The
chairman and the three members of the board shall hold office for a period of three
years, except that the members initially appointed shall serve, as designated in their
appointments, one for one year, one for two years and one for three years: Provided,
That, any person chosen to fill a vacancy shall serve only for the unexpired term of the
member whom he succeeds: Provided, further, That the term of the member nominated
765
WATER
by labor may be terminated sooner than as above provided if so requested by the nomi-
nating union in which case the President of the Philippines shall appoint a replacement
who shall similarly be nominated by said union.
SEC. 5. The Suspension and Removal of Trustees.—Any member of the Board of
Trustees may for cause be suspended or removed by the President of the Philippines
upon the recommendation of the Secretary of Justice after due notice and hearing.
SEC. 6. Meetings of the Board; Quorum, Required Votes; Per Diems.—The Board
of Trustees shall, immediately after its organization, adopt rules and procedures in the
conduct of its meetings. A majority of the Board shall constitute a quorum for the
transaction of business and the affirmative vote of three shall be required for the adop-
tion of any action. For actual attendance at meetings, the chairman and the three
members, shall each receive a per diem of one hundred pesos (P100.00) but in no case
shall any one receive more than four hundred pesos (P400.00) a month.
SEC. 7. Other Officers and Employees; Their Appointment; Qualifications; Com-
pensations and Tenure.—The management of the System shall be vested in the general
manager. He shall be assisted by four assistant general managers—one for Engineer-
ing, one for Operation, one for Finance and Administration, one for Commercial and
Customers Service — and the heads of departments. Said officials shall perform mana-
gerial and/or confidential functions.
The general manager shall be appointed by the President of the Philippines with
the consent of the Commission on Appointments. He shall receive an annual compensa-
tion of thirty-six thousand pesos (P36,000.00) and hold office for a period of six years
unless sooner terminated for incapacity or other causes. The President may for cause,
suspend or remove the general manager after due notice and hearing. In case of tempo-
rary disability or absence of the general manager, the chairman of the Board shall des-
ignate any assistant general manager to act as general manager.
The assistant general managers shall be appointed by the Board with the approval
of the President. Each shall receive an annual compensation of twenty-eight thousand
pesos (P28,000.00) and shall hold office until retirement age as determined by law,
unless sooner terminated for incapacity or other causes. In case of temporary disability
or absence of any assistant general manager, the chairman of the Board shall designate
any assistant general manager to act as general manager.
The assistant general managers shall be persons of integrity, competence and ex-
perience in the technical and executive fields related to the purposes of this Act. Their
other qualifications as well as powers and duties shall be determined by the Board.
The department heads, division and section chiefs, and other officers of equivalent
rank shall be appointed or promoted by the general manager upon recommendation of
the assistant general manager concerned, with the approval of the Board.
The powers, duties, qualifications and compensation of said officers and of the
other personnel shall be determined by the Board.
766
All other personnel shall be appointed or promoted by the general manager upon
recommendation of the assistant general manager concerned. The general manager
shall submit to the Board a monthly report on such appointments and non-disciplinary
transfer made in the month immediately preceding.
SEC. 8. Other Powers and Duties of the General Manager.—

a. To direct and manage the System in accordance with and to carry out the poli-
cies of the Board;
b. To control, direct and supervise all the officers and employees under him;
c. To remove, suspend or otherwise discipline for cause, or terminate by reason of
incapacity the term of office of, Department Heads, Division and Section Chiefs, and
other officers of equivalent rank, subject to the approval of the Board. The decision of
the Board may be appealed within thirty days from receipt thereof to the proper Court
*
of First Instance, but shall be immediately enforceable notwithstanding said appeal;
d. To remove, suspend or otherwise discipline for cause, or terminate by reason of
incapacity the term of office of, all other personnel, without prejudice to an appeal
within thirty days from receipt of the decision to the Board, the decision of which shall
be immediately final and enforceable;
e. To detail any officer or employee when required by the exigencies of the ser-
vice, for a period not exceeding six months, without reduction in salary, and his decision
shall be final;
f. To submit to the Board an annual budget and plantilla of personnel not later
than sixty days prior to the beginning of a fiscal year, and thereafter such supplemental
budgets as may be necessary;
g. To submit to the Board, not later than the twentieth of every month, a finan-
cial and an operational report for the month preceding, and not later than ninety days
after the close of each fiscal year an annual report, and from time to time such partial
reports as he may see fit to render or as may be required by the Board; and
h. To perform such other powers and duties as may be assigned by the Board or
prescribed either by law or by the by-laws of the System.
SEC. 9. Appointment and Promotion; Terms and Conditions of Employment.—
Officers and employees of the Metropolitan and Local Systems shall not be subject to
the Civil Service Law, rules and regulations. The System is hereby empowered to con-
duct such appropriate examination it deems necessary as additional basis for appoint-
ment and promotion.
The terms and conditions of employment in the System are governed by law, ex-
cept that the WAPCO rules and regulations shall not apply, without prejudice to the
right of collective bargaining.
_______________________
*
Now Regional Trial Court.
767
WATER
SEC. 10. Administrative Jurisdiction for Disciplining Other Officers and Em-
ployees.—The general manager may, for dishonesty, oppression, misconduct, neglect of
duty, conviction of a crime involving moral turpitude, notoriously disgraceful or im-
moral conduct, improper or unauthorized solicitation of contributions from subordinate
employees, lobbying for personal interest or gain in legislative halls and offices without
authority from the Board, directly or indirectly obstructing, defeating or violating the
civil rights and liberties of an individual, promoting the sale of tickets in behalf of pri-
vate enterprises that are not intended for charitable or public welfare purposes and
even in the latter cases if there is no prior authority willful violation of reasonable office
regulations, or in the interest of the service, remove after due notice and hearing, any
subordinate officer or employee from the service, demote him in rank, suspend him for
not more than one year without pay or fine in an amount not exceeding six month’s
salary.
A transfer from one position to another without reduction in rank and salary shall
not be considered disciplinary when made in the interest of public service and the action
of the general manager shall not be final until approved by the Board of Trustees.
SEC. 11. Audit.—The Auditor General shall appoint a representative known as
the Auditor and the necessary personnel to assist said Auditor in the performance of his
duties. The Auditor General shall also fix the salaries and the number of personnel to
assist said Auditor. Once fixed by the Auditor General, such salaries and number of
auditing personnel shall not be thereafter increased, diminished or altered unless initi-
ated by him. The auditing personnel under this section shall be subject to the provisions
of the Civil Service law. The budget and plantilla for salaries, maintenance and operat-
ing expenses of the auditing office as fixed by the Auditor General shall be subject to
confirmation by the governing board of the corporation.
The financial transactions of the System shall be audited in accordance with law,
administrative regulations, and the generally accepted principles of accounting and
standards of auditing. The Auditor General shall submit to the President of the Philip-
pines, the Presiding Officers of the two Houses of Congress and the Board of Trustees
an Audit Report for each fiscal year, within ninety days after the close thereof.
SEC. 12. Review of Rates by the Public Service Commission.—The rates and fees
fixed by the Board of Trustees for the System and by the local governments for the local
systems shall be of such magnitude that the System’s rate of net return shall not exceed
twelve percent (12%), on a rate base composed of the sum of its assets in operation as
revalued from time to time plus two months’ operating capital. Such rates and fees shall
be effective and enforceable fifteen (15) days after publication in a newspaper of general
circulation within the territory defined in Section 2 (c) of this Act. The Public Service
Commission shall have exclusive original jurisdiction over all cases contesting said
rates or fees. Any complaint against such rates or fees shall be filed with the Public
Service Commission within thirty (30) days after the effectivity of such rates, but the
filing of such complaint or action shall not stay the effectivity of said rates or fees. The
Public Service Commission shall verify the rate base, and the rate of return computed
768
therefrom, in accordance with the standards above outlined. The Public Service Com-
mission shall finish, within sixty (60) calendar days, any and all proceedings necessary
and/or incidental to the case, and shall render its findings or decisions thereon within
thirty (30) calendar days after said case is submitted for decision.
In cases where the decision is against the fixed rates or fees, excess payments shall
be reimbursed and/or credited to future payments, in the discretion of the Commission.
“A river is more than an amenity, it is a treasure.”—Justice Oliver Wendell

Holmes (quoted by the Supreme Court in its decision in U.S. v. Republic
Steel, 1960) (A. Oposa)
SEC. 13. Disposition of Income.—The income of the System shall be disposed of

according to the following priorities:
First, to pay its contractual and statutory obligations and to meet its essential cur-
rent operating expenses;
Second, to serve at least fifty percent (50%) of the balance exclusively for the ex-
pansion, development and improvement of the System; and
Third, to allocate the residue enhancing the efficient operation and maintenance of
the System which include increases of administrative expenses or increases or adjust-
ment of salaries and other benefits of the employees.
SEC. 14. Assistance to Local Systems.—The System may provide technical and
management assistance to the various local waterworks and sewerage systems upon
their request; and for this service the System may charge actual expenses incurred plus
ten percent (10%) thereof as overhead expenses.
769
WATER
SEC. 15. Abolition of NWSA; Transfer of Assets, Liabilities, and Personnel.—

The Corporation known as the National Waterworks and Sewerage Authority shall be
abolished upon the organization of the Metropolitan Waterworks and Sewerage System
as provided for in Section 2 (a) of this Act. Its records, properties, equipment, assets,
rights, choses in action, obligations and liabilities are hereby transferred to, vested in,
and assumed by the System: Provided, That an inventory and valuation of the proper-
ties, equipment, assets, rights, choses in action, obligations, liabilities of NWSA shall be
made by the Auditor General, and the accountable officers of NWSA shall continue to be
fully accountable therefor, until issued a certificate of clearance by the Auditor General.
Employees and laborers, including the personnel of the planning and coordinating
office and the provincial, city and municipal departments in the places enumerated in
Section 2 (c) of this Act are hereby transferred to and absorbed by the System: Provided,
That the Board of Trustees is hereby authorized to make personnel movement on the
basis of merit and fitness in accordance with the comprehensive and progressive merit
system to be established by the Metropolitan Waterworks and Sewerage System imme-
diately upon its organization: Provided, further, That the salary of any employee shall
in no case be reduced as a consequence of said personnel movement: Provided, finally,
That in no case shall the expense in any fiscal year for salaries, wages, allowances,
emoluments, and other fringe benefits exceed thirty-five percent (35%) of the gross
income of the System in the immediately preceding fiscal year.
SEC. 16. Gratuity.—Any personnel of the National Waterworks and Sewerage
Authority not so appointed or who refuses such appointment shall be paid the money
value of his accumulated vacation and sick leave, and such retirement gratuity as may
be due him under existing retirement laws. Any of the employees and laborers who does
not qualify under any existing retirement law shall be paid one month salary for every
year of service, payable in lump sum. For this purpose, there is hereby appropriated out
of any funds in the national treasury not otherwise appropriated the sum of fifteen
million pesos (P15M) to provide for their separation gratuities, accumulated vacation
and sick leaves and/or retirement, when and if, payable and due to them, subject to
reimbursement by the system to the national treasury out of its earnings within three
fiscal years from the date of availment of the appropriated amount.
The personnel of the Wells and Springs Department whose salaries are paid from
Congressional Appropriations and who cannot be absorbed by the Bureau of Public
Works, shall be paid their terminal pay and retirement gratuity from Congressional
Appropriations. However, in case an officer or employee is subsequently reinstated in
the government, its branches and instrumentalities, including government corpora-
tions, he shall refund to the paying agency the value of the gratuity which he would not
have received had he been paid in monthly installments.
SEC. 17. Transfer of Local Systems.—Whenever the local government exercises
the right mentioned in Section 2 (c) hereof, the local systems now under the control and
supervision of the NWSA together with all the employees and laborers including the
personnel of the district offices, records, properties, equipment, assets, chooses in ac-
770
tion, obligations and liabilities shall be ceded, transferred and conveyed to their respec-
tive provinces, cities, and/or municipalities which owned and/or operated them before
the NWSA operated the same: Provided, That in case of disagreement between the
system and the local governments on liabilities or obligations being charged by the
National Waterworks and Sewerage Authority to the local government, the same shall
be passed upon and decided by an arbitration committee to be composed of a represen-
tative of the local government, a representative of the System, and a third member to be
chosen by both.
Any of the employees and laborers not so appointed in the local system or who refuse
such appointment shall be paid from the amount of fifteen million pesos appropriated
under this Act, the money value of his accumulated vacation and sick leaves and such
retirement gratuities as may be due him under existing retirement laws: Provided, That
any of the employees and laborers who do not qualify under any existing retirement laws,
shall be paid one month salary for every year of service payable in lump sum.
Similarly, all employees and laborers, records, property and equipment of the
Wells and Springs Department shall be ceded, transferred and conveyed to the Bureau
of Public Works. The accounts and liabilities corresponding to said Department shall be
adjusted accordingly by the Auditor General.
Those systems initially constructed and operated by the NWSA, shall be ceded,
transferred and conveyed to the provinces, cities or municipalities which they serve: Pro-
vided, however, That where the System serves two or more municipalities, the same shall
be ceded, transferred and conveyed to the provincial government: Provided, further, That
where the System serves a city, or a city and municipalities, the system shall be trans-
ferred, ceded or conveyed to the city: Provided, furthermore, That the outstanding obliga-
tions incurred by the NWSA, including interest, in the construction, operation and main-
tenance of such systems, shall be assumed by the local government concerned: Provided,
still further, That in the case of outstanding bond indebtedness in the construction, opera-
tion and maintenance of such systems, the national government shall continue to guaran-
tee the obligation until the same shall have been fully paid: Provided, finally, That the
Auditor General shall determine the accounts and liabilities of the respective local gov-
ernments. In case the liabilities exceed the value of the assets transferred to the local
governments, the excess shall be assumed by the national government.
Conflicts between local governments served by one system shall be decided by a
board to be composed of their respective mayors, and treasurers as members, and the
representative of the Auditor General as chairman.
SEC. 18. Tax Exemption.—All articles imported by the Metropolitan Water-
works and Sewerage System or the local governments for the exclusive use of their
waterworks and sewerage systems particularly machineries, equipment, pipes, fire
hydrants, and those related to, or connected with, the construction, maintenance, and
operation of dams, reservoirs, conduits, aqueducts, tunnels, purification plants, water
771
WATER
mains, pumping stations; or of artesian wells and springs within their territorial juris-
dictions, shall be exempt from the imposition of import duties and other taxes.
SEC. 19. Repeal or Modification.—All acts, executive orders, administrative or-
ders, and proclamations or parts thereof inconsistent with any of the provisions of this
Act, are hereby repealed or modified accordingly.
SEC. 20. Separability Clause.—In the event that any provision of this Act or the
application of such provisions to any person or circumstances is declared unconstitu-
tional, the remainder of this Act or the application of said provision to other persons or
circumstances shall not be affected thereby.
SEC. 21. Effectivity.—This Act shall take effect upon its approval.
(A. Oposa)
See how the rivers run

Through the woods and meadows,
In shade and in Sun.
Sometimes swift, sometimes slow, —
Wave succeeding wave, they go
A various journey to the deep
Like human life to endless sleep —
— John Dyer, Grangar Hill
772
WATERWAYS
Waterways
Structures in Navigable Waterways (Republic Act 2056)
SECTION 1. Any provision or provisions of law of the contrary notwithstanding,

the construction or building of dams, dikes or any other works which encroaches into
any public navigable river, stream, coastal, waters and any other navigable public wa-
ters or waterways as well as the construction or building of dams, dikes or any other
works in areas declared as communal fishing grounds, shall be ordered removed as
public nuisances or as prohibited construction as herein provided: Provided, however,
That the Secretary of Public Works and Communications may authorize the construc-
tion of any such works when public interests or safety so requires, or when it is abso-
lutely necessary for the protection of private property.
SEC. 2. When it is found by the Secretary of Public Works and Communications,
after due notice and hearing, that any dam, dike or any other works now existing or
may hereinafter be constructed encroaches into any public navigable river, stream,
coastal waters and any other public navigable waters, or waterways, or that they are
constructed in areas declared as communal fishing grounds, he shall have the authority
to order the removal of any such works and shall give the party concerned a period not
to exceed thirty days for the removal of the same: Provided, That fishpond constructions
or works on communal fishing grounds introduced in good faith before the areas were
proclaimed as fishing grounds shall be exempted from the provisions of this Act, pro-
vided such constructions or works do not obstruct or impede the free passage of any
navigable river, stream, or would not cause inundations of agricultural areas: Provided,
further, That should the party concerned fail to comply with the order of the Secretary
of Public Works and Communications within the period so stated in the order, such
removal shall be effected by the Secretary of Public Works and Communications at the
expense of the said party within ten days following the expiration of the period given
the party concerned: Provided, furthermore, That the investigation and hearing to be
conducted by the Secretary of Public Works and Communication under this section
shall be terminated and decided by him within a period which shall both exceed ninety
days from the time he shall have been notified in writing or a written complaint shall
have been filed with him by any interested party apprising him of the existence of a
dam, dike or any other works that encroaches into any public navigable river, stream,
coastal waters or any other public navigable waters or waterways, and in areas de-
clared as communal fishing grounds: Provided, still furthermore, That the failure on the
part of the Secretary of Public Works and Communications without justifiable or valid
reason to terminate and decide a case or effect the removal; of any such works, as pro-
vided for in this section, shall constitute an offense punishable under section three of
this Act: And provided, finally, That the removal of any of such works shall not impair
fishponds completed or about to be completed which do not encroach or obstruct any
public navigable river or stream and/or which would not cause inundations of agricul-
773
WATER
tural areas and which have been constructed in good faith before the area was declared
communal fishing grounds.
SEC. 3. Any person who shall violate the provisions of this Act or who shall fail
to comply with a lawful order of the Secretary of Public Works and Communications
within the period given him in the said order for the removal of any works, shall be
punished by imprisonment of not less than six months or more than six years and a fine
of not less than five hundred pesos or more than six thousand pesos. In the case of any
Secretary of Public Works and Communications, in addition to the fine and imprison-
ment herein provided, he shall suffer the penalty of perpetual absolute disqualification
to hold any public office.
SEC. 4. All Acts or parts of Acts, executive orders, rules and regulations which
are inconsistent with the provisions of this Act are hereby repealed.
Directing Persons to Renounce Possession of Riverbanks

“Water links us to our neighbor in a way more profound and complex than any other.”
— John Thorson (Y. Lee)
Whereas, floods are among the most destructive of natural calamities, in the wake
of chain reactions invariably lead to misery, pestilence, privation, hunger and want;
774
DIRECTING PERSONS TO RENOUNCE POSSESSION OF RIVERBANKS
Whereas, the ever-worsening floods in the country today are to a great extent
caused by unabated illegal encroachments on rivers, creeks, esteros, and other drainage
channels, resulting in the constriction and partial or complete closure thereof and the
corresponding reduction of drainage capacity;
Whereas, such illegal encroachments have been prevalent in the past by enlarging
the areas covered by titles or certificates of ownership brought about by consolidation
and subdivision surveys and resurveys;
Whereas, in the interest of
the general public it is imperative
that such portions of the public
domain illegally acquired must be
returned to the State for the pur-
pose which nature has intended
for them; and
Whereas, past experiences
show that reacquisition or expro-
priation proceedings have been
slow and tedious, dragging on for
years to the detriment of the gen-
eral welfare;
Now, Therefore, I, Ferdinand
E. Marcos, President of the Phil-
ippines, by virtue of the powers
vested in me by the Constitution
as Commander-in-Chief of all the
Armed Forces of the Philippines,
and pursuant to Proclamation No.
1081 dated September 21, 1972, The rain is plenteous but, by God’s decree, Only
and General Order No. 1 dated a third is meant for you and me; Two-thirds are
taken by the growing things Or vanish Heaven-
September 22, 1972, do hereby
ward on vapour’s wings: Nature is blamed for
order and decree the following:
failings that are Man’s, And well-run rivers
SECTION 1. Any person, have to change their plans.” — Sir Alan Herbert
whether natural or juridical, who,
(A. Oposa)
prior to the promulgation of this
decree, may have introduced improvements on or reclaimed and occupied portions of
rivers, creeks, esteros or drainage channels, is hereby directed to report to the Secretary
of Public Works, Transportation and Communications, through the Director of Public
Works, any and all such improvements, reclamation or encroachments and to renounce
possession thereof, or demolish structures or improvements which at the promulgation
of this decree, may tend to obstruct the flow of water through rivers, creeks, esteros and
drainage channels, within ninety (90) days from the effectivity of this Decree.
775
WATER
SEC. 2. Noncompliance with the provisions of this Decree shall be punished by a

fine of not less than five thousand pesos nor more than ten thousand pesos or impris-
onment for not less than two years nor more than ten years, or both such fine and im-
prisonment, in the discretion of the court: Provided, That if the offender is a corpora-
tion, firm, partnership, or association, the penalty shall be imposed upon the guilty
officer or officers, as the case may be, of the corporation, firm, partnership or associa-
tion, and if such guilty officer or officers are aliens, in addition to the penalty herein
prescribed, he or they shall be deported without further proceedings on the part of the
Commission of Immigration and Deportation.
SEC. 3. Any provision of existing laws, decrees, rules and regulations inconsis-
tent with this Decree are hereby repealed or modified accordingly.
SEC. 4. This Decree shall take effect immediately after publication in the Offi-
cial Gazette or in a newspaper of general circulation in the country.
Done in the City of Manila, this 18th day of September, 1973.
Other Water Laws

Dumping of Wastes that Cause Rising of Riverbeds
(Commonwealth Act No. 383)
SECTION 1. The dumping into any river of refuse, waste matter, or substances
of any kind whatsoever that
may cause an elevation in the
level of river beds, or block the
course of a stream, is prohib-
ited.
SEC. 2. To cause allu-
vial formations by whatever
means or device that may give
rise for riverbanks to expand
or by any similar process to
reclaim a strip of land through
accession, except with the
authority of the Secretary of
Public Works and Communica-
tions, which shall be granted if
and when any such works are
absolutely necessary for the
protection of private property
against the destructive action “Man is a complex being; he makes deserts bloom and
lakes die.” — Gil Stern (Digital Vision)
of water, and not otherwise
harmful to other parties, is
776
NATIONAL WATER CRISIS ACT
likewise prohibited.
SEC. 3. Any person who shall be found transgressing the provisions hereof shall
be punished by imprisonment of not more than six months, or by a fine not to exceed two
hundred pesos, or by both such fine and imprisonment, at the discretion of the court.
SEC. 4. This Act shall take effect on its approval.
National Water Crisis Act (Republic Act 8047)
“Till taught by pain, men really know not what good water is worth.”— Fron “Don
Juan” by Byron (A. Oposa)
SECTION 1. Short Title.—This Act shall be known as the “National Water Cri-
sis Act of 1995.”
adopt urgent and effective measures to address the nationwide water crisis which ad-
versely affects the health and well-being of the population, food production and indus-
trialization process.
Pursuant thereto the government shall address the issues relevant to the water
crisis including, but not limited to, supply, distribution, finance, privatization of state-
run water facilities, the protection and conservation of watersheds and the waste and
pilferage of water, including the serious matter of graft and corruption in all the water
agencies.
SEC. 3. Organization of Joint Executive-Legislative Water Crisis Commission.—
Within thirty (30) days after the effectivity of this Act, there shall be organized a Joint
777
WATER
Executive-Legislative Water Crisis Commission. The Commission shall be chaired by

the Executive Secretary, with the Secretaries of the Department of Public Works and
Highways and the Department of Environment and Natural Resources, and the Chair-
men of the appropriate Senate and House committees, as designated by the leaders of
both Houses of Congress, as well as a representative of the minority from each House,
as members.
There shall be a technical staff constituted by representatives of the National Wa-
ter Resources Board (NWRB), the Metropolitan Waterworks and Sewerage System
(MWSS), the Local Water Utilities Administration (LWUA), the appropriate committees
of the Senate and the House, and the certified workers’ union in the affected water
institutions.
SEC. 4. Purpose and Objectives.—The Commission shall have the following pur-
poses and objectives:
a. To undertake nationwide consultations on the water crisis and in-depth and
detailed study and review of the entire water supply and distribution structure;
b. To enhance and facilitate cooperation and coordination between Congress and
the executive department in formulating and implementing the government‘s water
crisis management policy and strategy;
c. To recommend measures that will ensure continuous and effective monitoring
of the entire water supply and distribution system of the country; and
d. To conduct continuing studies and researches on policy options, strategies and
approaches to the water crisis including experiences of other countries similarly situ-
ated, and to recommend such remedial and legislative measures as may be required to
address the problem.
SEC. 5. Powers and Functions.—To carry out the aforementioned purposes and
objectives, the Commission is hereby authorized:
a. To secure from any department, bureau, office, agency or instrumentality of
the government such assistance as may be needed, such as technical information, the
preparation and production of reports, and the submission of recommendations or
plans, as it may require;
b. To designate by resolution the watershed areas in which development under-
takings are to be suspended; and
c. Generally, to exercise all the powers necessary, relevant and incidental to at-
tain the purposes and objectives for which it is organized.
SEC. 6. Negotiated Contracts.—For projects to be implemented under Build-
Operate-Transfer (BOT) and/or related schemes, the President of the Republic may, for
a period of one (1) year after the effectivity of this Act, enter into negotiated contracts
for the financing, construction, repair, rehabilitation, improvement and operation of
water facilities and projects related to increasing water supply, its treatment and its
778
distribution to industrial and household consumers: Provided, That there is no govern-

ment financing or financing guarantee for the contracts, except for the acquisition of
right of way.
The contracts shall be awarded only to contractors with proven competence and
experience in similar projects, competent key personnel, efficient and reliable equip-
ment, and sound financial capacity.
SEC. 7. Reorganization of the Metropolitan Waterworks and Sewerage System
(MWSS) and the Local Waterworks and Utilities Administration (LWUA).—Within six
(6) months from the approval of this Act, the President of the Republic is hereby em-
powered to revamp the executive leadership and reorganize the MWSS and the LWUA,
including the privatization of any or all segments of these agencies, operations or facili-
ties if necessary, to make them more effective and innovative to address the looming
water crisis. For this purpose, the President may abolish or create offices, transfer
functions, equipment, properties, records and personnel; institute drastic cost-cutting
and other related measures to carry out the said objectives. Moreover, in the implemen-
tation of this provision, the prescriptions of Republic Act No. 7430, otherwise known as
the “Attrition Law,” shall not apply. Nothing in this section shall result in the diminu-
tion of the present salaries and benefits of the personnel of the MWSS and the LWUA:
Provided, That any official or employee of the said agencies who may be phased out by
reason of the reorganization authorized herein shall be entitled to such benefits as may
be determined by existing laws.
The President may upgrade the compensation of the personnel of the MWSS and
the LWUA at rates commensurate to the improved and efficient revenue collection of
the two agencies as determined by the Board of Trustees and the same shall be ex-
empted from the provisions of Republic Act No. 6750, otherwise known as the “Salary
Standardization Law,” to take effect upon a reduction of non-revenue water to forty
percent (40%) and upon approval by the respective board of trustees of the MWSS and
the LWUA of their budgets.
SEC. 8. Anti-Pilferage.—It is hereby declared unlawful for any person to:
a. Destroy, damage, or interfere with any canal, raceway, ditch, lock, pier, inlet,
crib, bulkhead, dam, gate, service, reservoir, aqueduct, water mains, water distribution
pipes, conduit pipes, wire benchmark, monument, or other works, appliance, machinery
buildings, or property of any water utility entity, whether public or private;
b. Do any malicious act which shall injuriously affect the quantity or quality of
the water or sewage flow of any waterworks and/or sewerage system, or the supply,
conveyance, measurement, or regulation thereof, including the prevention of, or inter-
ference with any authorized person engaged in the discharge of duties connected
therewith;
c. Prevent, obstruct, and interfere with the survey, works, and construction of ac-
cess road and water mains and distribution network and any related works of the util-
ity entity.
779
WATER
d. Tap, make, or cause to be made any connection with water lines without prior
authority or consent from the water utility concerned;
e. Tamper, install, or use tampered water meters, sticks, magnets, reversing wa-
ter meters, shortening of vane wheels and other devices to steal water or interfere with
accurate registry or metering of water usage, or otherwise result in its diversion in a
manner whereby water is stolen or wasted;
f. Use or receive the direct benefit of water service with knowledge that diver-
sion, tampering, or illegal connection existed at the time of that use, or that the use or
receipt was otherwise without the authorization of the water utility;
g. Steal or pilfer water meters, main lines, pipes and related or ancillary facili-
ties;
h. Steal water for profit or resale;
i. Knowingly possess stolen or tampered water meters; and
j. Knowingly or wilfully allow the occurrence of any of the above.
SEC. 9. Prima Facie Evidence.—The presence of any of the following circum-
stances shall constitute prima facie evidence of theft, pilferage, or of any unlawful acts
enumerated in Section 8 hereof:
a. The existence of illegal or unauthorized tapping to the water main or distribu-
tion pipe;
b. The existence of any illegal connection such as a reversed meter, shortened
vane wheel, bypass or other connections which adversely affect the registration of the
water meter;
c. The presence of a bored hole in the glass cover of the water meter, or at the
back of or any part of the meter including the vertical vane;
d. The presence of tampered, o fake, seals on the meters. Inspection of tampered
water meters shall be done in the presence of the registered water consumer,
e. The presence of a reversed meter in the premises, insertion of rod wire, or stick
in the meter, filed or shortened vane wheel, removal or altering of any part of the meter
mechanism, use of magnet and any similar illegal devices which interfere with the me-
ter registration,
f. Destruction of the meter protection and other metering accessories, or
g. Abnormal imprints, traces, or marks found in the meter assembly.
The prima facie shall not apply to tenants who have occupied the house or dwell-
ing for ninety (90) days or less.
SEC. 10. Special Aggravating Circumstances.—The following shall be consid-
ered as aggravating:
780
a. When the violation is committed in conspiracy with at least another person,

both of whom shall be considered as principals;
b. When the offense is committed by, or in connivance with a private plumber, of-
ficer or employee of the water utility concerned, who shall be considered as principals;
or
c. When the violation is coupled with the sale from a source which is illegal, or
unregistered, or unauthorized, or a source with a tampered meter.
SEC. 11. Penalties.—The water utility concerned shall have the right and au-
thority to disconnect the water services, five (5) days after service of written notice to
that effect, except on Sundays and holidays, without need of a court or administrative
order, and deny restoration of the same, when a prima facie evidence, of theft or pilfer-
age shall have been established in accordance with Section 8 hereof: Provided, That a
notice shall have been issued even upon discovery for the first time of the presence of
any of the circumstances herein enumerated: Provided, further, That the water service
shall not be disconnected or shall be immediately restored upon deposit, by the person
concerned, of the difference in the billing made by the water utility concerned: Provided,
finally, That the deposit shall be credited against future billings, with legal interest
thereon where the alleged theft, pilferage or current diversion has not been committed,
without prejudice to being indemnified for damages in accordance with the Civil Code
and other existing laws.
A written notice of seventy-two (72) hours is necessary to effect water service dis-
connection upon the discovery for the second time of any of the circumstances enumer-
ated in Section 8 hereof.
Any person who shall violate Section 8 hereof shall be punished by imprisonment
of six (6) months to two (2) years and a fine not exceeding double the amount of the
value of the water stolen or the value of the damaged facilities: Provided, however, That
if the offender is assisted in the commission of the crime by a plumber, officer, or em-
ployee of the water utility concerned, the said employee, officer, or plumber shall be
punished by imprisonment of two (2) years to six (6) years: Provided, further, That if
the water is stolen for profit or resale, the offender shall be punished with imprison-
ment from six (6) to twelve (12) years.
If the offender is a juridical person, the penalty shall be imposed on the chairman,
president, general manager, administrator, and the officers thereof who shall have
knowingly permitted, or are otherwise responsible for the commission of the offense.
SEC. 12. Issuance of Guidelines, Implementing Rules and Regulations.—Within
one (1) month from its organization, the Commission shall cause the issuance of guide-
lines, implementing rules and regulations necessary to carry out the provisions of this
Act.
SEC. 13. Commission’s Report.—The Commission shall submit a quarterly re-
port to the President and to Congress on the implementation of this Act.
781
WATER
SEC. 14. Sunset Clause.—The Joint Executive-Legislative Water Crisis Com-

mission shall complete its report and submit its recommendation to the President and
to Congress within a period of six (6) months after its formal organization. After such
period, it shall cease functus officio.
SEC. 15. Separability Clause.—If, for any reason, any provision of this Act is de-
clared unconstitutional or invalid, other parts or provisions hereof which are not af-
fected thereby shall continue to be in full force and effect.
SEC. 16. Repealing Clause.—All laws, decrees, orders, rules and regulations, or
portions thereof, inconsistent with this Act are hereby repealed or modified accordingly.
SEC. 17. Effectivity Clause.—This Act shall take effect fifteen (15) days follow-
ing its publication in at least two (2) national newspapers of general circulation or in
the Official Gazette.
Rainwater Collection and Springs Protection (Republic Act 6716)

SECTION 1. Declaration of Policy.—It is hereby declared to be the national pol-
icy to promote the quality of life of every Filipino through the provision of adequate
social service including, but
not limited to, the provision
of adequate potable water
supply made conveniently
available to every barangay
in the country.
SEC. 2. Water Wells,
Rainwater Collectors, and
Spring Development.—The
Department of Public Works
and Highways (DPWH) shall,
within thirty (30) days after
the approval of this Act, un-
dertake construction of water
wells, rainwater collectors,
development of springs and
rehabilitation of existing
water wells in all barangays
“Man - despite his artistic pretensions, his sophistication, in the Philippines in such
and his many accomplishments - owes his existence to a six number as may be needed
inch layer of topsoil and the fact that it rains.”—Unknown
and feasible, taking into con-
author (A. Oposa)
sideration the population,
hydrologic conditions, costs of project development and operations, financial and economic
factors and institutional arrangements: Provided, however, That the DPWH shall deduct
782
RAINWATER COLLECTION AND SPRINGS PROTECTION
not more than five percent (5%) for supervision, engineering, technical and other over-
head expenses or fees: Provided, further, That each barangay in the country shall have at
least one additional potable water source.
SEC. 3. Operation and Maintenance.—In order to ensure the proper use of the
water facilities herein provided, a Barangay Waterworks and Sanitation Association,
herein referred to as BWSA, shall be formed and organized for the purpose of maintain-
ing the water facilities: Provided, That pending the organization of the BWSA, the wa-
ter facilities shall be operated and maintained by the barangay council.
The BWSA shall be composed of the member-consumers who shall administer, op-
erate and maintain the completed water facility and shall be registered with the corre-
sponding municipal or city council.
The BWSA may impose such minimal charges as may be necessary for the main-
tenance and normal repairs of said facility. Nothing herein shall prevent any resident of
the locality from using the water facility under the same terms and conditions as the
member-consumers of the BWSA.
Organizing and training the recipient communities in the operation and mainte-
nance of water systems shall be conducted by the DPWH prior to the turnover of such
facilities to the BWSA subject to the guidelines to be formulated by the Department.
SEC. 4. Submission of Report.—The Department of Public Works and Highways
shall, within ninety (90) days after the approval of this Act and every one hundred
eighty (180) days thereafter, submit periodic reports to the respective Committees on
Public Works and Highways of both Houses of the Congress of the Philippines for
evaluation and consideration.
SEC. 5. Funding.—The sum needed for the implementation of the construction,
rehabilitation and repair program shall be taken from any available appropriations for
the Department of Public Works and Highways in the General Appropriations Act for
1989: Provided, That funds for this purpose shall also be included in the General Ap-
propriations Act for 1990 and 1991: Provided, further, That the total program shall be
completed not later than June 30, 1991, and Provided, finally, That there shall be equi-
table and proportionate appropriations of funds annually for this purpose for all prov-
inces, cities and municipalities. In addition, a portion of financial grants and conces-
sional loans extended to the Philippines by foreign governments and multilateral agen-
cies every year, the amount to be determined by the President, shall be allocated by the
Department of Budget and Management to augment the appropriations of the Depart-
ment of Public Works and Highways until one hundred thousand (100,000) water wells,
rainwater collectors, and springs are completed as envisioned in this Act.
SEC. 6. Effectivity.—This Act shall take effect upon its publication in at least
two (2) newspapers of general circulation.
783
WATER
Irrigation Law (Republic Act 6978)
SECTION 1. It is hereby declared to be a national policy to promote the quality

of living of every Filipino through the provision of adequate social services including,
but not limited to, the provision of adequate irrigation projects facilities to increase
agricultural production.
SEC. 2. The National Irrigation Administration shall undertake a ten-year pro-
gram for the construction of irrigation projects in the remaining one million five hun-
dred thousand (1,500,000) hectares of un-irrigated but irrigable lands, whether in the
lowlands or in the uplands, including other related project components nationwide. The
program shall give priority to areas with social and economic problems, taking into
consideration population, area served, project cost and other economic and environ-
mental factors as may be deemed necessary in undertaking the program within the
context of the national development plans. The National Irrigation Administration, in
consultation with the provincial and municipal development councils, shall determine
the areas which shall be given priority.
SEC. 3. The Na-
tional Irrigation Administra-
tion shall observe the follow-
ing priorities and guidelines
in the planning, construction
and management of irriga-
tion projects:
a. Funds provided for
in this Act shall be used only
for the construction of new
irrigation projects;
b. Priority shall be
given to the construction of
communal irrigation pro-
jects. At least fifty percent
(50%) of the funds shall be
used for communal irrigation
projects;
c. Priority shall be
“Water is the most basic of all resources. Civilizations grew
given to the following:
or withered depending on its availability.” — Dr. Nathan
1. Beneficiaries of W. Snyder, Ralph M. Parsons Engineering
the Comprehensive Ag- (A. Oposa)
rarian Reform Program;
2. Members of the indigenous cultural communities;
784
IRRIGATION LAW
3. Beneficiaries in areas where there are farmer-irrigators associations; and

4. Beneficiaries in fifth and sixth class municipalities;
d. The irrigation projects must be equitably distributed among the provinces and
municipalities, giving priority to those provinces and municipalities without any irriga-
tion system;
e. The farmer-beneficiaries of communal irrigation projects shall participate in
all stages of the project. The beneficiaries shall participate in the project planning, iden-
tification, design, management of the project funds, construction and monitoring;
f. The beneficiaries of communal irrigation projects shall pay fifty percent (50%)
of the project cost without interest for a period of fifty (50) years: Provided, That, in case
the beneficiary dies, his legal heirs or whoever may own the land or benefitted by the
project at any given time during the term of payment shall shoulder the remaining
obligation of the land;
g. The communal irrigation system shall be managed and maintained by the irri-
gators association or cooperative. The National Irrigation Administration shall help
organize the irrigators association or cooperative and shall assist in the conduct of ori-
entation seminars and training to the members of the said association or cooperative;
and
h. The provincial offices of the National Irrigation Administration shall be re-
sponsible in the preparation of the feasibility studies and design of communal irrigation
projects.
SEC. 4. Such sums as may be necessary for the implementation of this Act
shall be taken from any available appropriations of the National Irrigation Admini-
stration under the current General Appropriations Act. Thereafter, the succeeding
appropriations for its continued implementation shall be included in the annual Gen-
eral Appropriations Act until the program shall have been completed by year 2000. In
addition, the portion of financial grants and concessional loans extended to the Phil-
ippines by foreign governments and multilateral agencies including, but not limited to
the Philippine Aid Plan, the amount to be determined by the President, shall be allo-
cated by the Department of Budget and Management to augment the appropriations
of the National Irrigation Administration until the program is completed as envi-
sioned in this Act.
SEC. 5. Whenever practicable, the construction of irrigation projects under this
Act shall consider any or a combination of the following related or complementary pur-
poses:
a. Prevention of flooding;
b. Ensuring water supply for drinking purposes;
c. Erosion control;
785
WATER
d. Watershed management;
e. Fish culture;
f. Power generation; and
g. Tourism development
SEC. 6. If any part or provision of this Act is held unconstitutional, other parts
or provisions hereof which are not affected thereby shall be in full force and effect.
SEC. 7. All laws, presidential decrees, executive orders, rules and regulations
inconsistent with this Act are hereby repealed.
SEC. 8. This Act shall take effect fifteen (15) days after its publication in the Of-
ficial Gazette or in a newspaper of general circulation.
Approved: January 24, 1991.
The Sumerians were the first settlers of the plains of Mesopotamia

along the Tigris and Euphrates Rivers. In their new homeland, crops
would sprout and grow. But then, the plants would wither from dry-
ness before harvest time. To remedy this problem, the Sumerians de-
vised a simple solution: they dug a ditch and diverted some water to
their fields from the Euphrates river. Thus, the practice of irrigation
was born. However, because of too much irrigation, the minute parti-
cles of salt in the water accumulated in the soil over time. Eventually
the soil became acidic and turned the land into a desert, the desert
that is now Southern Iraq.
Today, eight thousand years hence, we are still irrigating our land re-
lentlessly. History repeats itself because humans, for all his preten-
sions of sophistication and wisdom is essentially dumb.
— Sandra Postel
——o0o——
786
HUMAN HABITAT
HUMAN HABITAT
CHAPTER CONTENTS
SOLID WASTE MANAGEMENT, SANITA- Declaring Certain Areas and Sites as
TION, AND HYGIENE National Sites and Shrines, 945
National Historical Commission, 946
Solid Waste Management, 791
Cultural Heritage & National Pat-
Ecological Solid Waste Management
rimony, 948
Act of 2001 Compliance Matrix, 836
(Manila Prince Hotel v. Govern-
A Sanitary Landfill Cannot Be ment Service Insurance System)
Placed in a Watershed; Environ-
Historical Landmark Belongs to
mental Powers of Local Govern-
Owner, Not the Lessee, 949
ment, 838
(Army and Navy Club v. Court
(Province of Rizal, et al., Ex-
of Appeals, et al.)
ecutive Secretary, et al.)
The Meaning of Cultural Proper-
Sanitation Code, 840
ties, 950
LAND USE (JOYA, et al. v. PCGG, et al.)
Environment Code Provisions on Land Public Character of Historical
Use, 883 Landmark, 951
(Manosca v. Court of Appeals)
Urban Housing, 885
Housing and Land Use Regulatory CIVIL CODE PROVISIONS ON HIDDEN
Board, 903 TREASURES
Delegated Powers to the Local Gov- Indigenous People’s Rights Law
ernment Units, 910 (IPRA), 952
Environment Related Provisions of the Constitutionality of IPR, 982
Building Code, 913
CULTURAL HERITAGE (CONSTITUTIONAL
PROVISIONS)
Cultural Properties Preservation and
Protection, 918
National Museum Law, 924
Declaring Archaeological Reservations,
934
National Commission for Culture and
the Arts, 935
CHAPTER V: HUMAN HABITAT
Solid Waste Management, Sanitation, and Hygiene

Cleanliness of self and of sur-
roundings is so fundamental to hu-
man civilization. Yet the 8,000 years
of human history does not seem to
really have taught humans the
proper handling of their own wastes.
Quite the contrary appears to the
true. If there is any single blot in the
th
20 century story of humankind, it is
that this is the time characterized by
the excessive discharge of all forms
of waste into the environment—
‘waste’ water, ‘solid waste’, gaseous
waste (CO2), toxic and hazardous
‘waste’, etc.
What aggravates this propen-
sity for waste is the mass consume- “Unless we change the direction we are heading, we
rism of the last century. Stores sell might end up where we are going.” — Chinese
Proverb
so many things—both useful and
(Digital Vision)
superfluous. They come in plastic or
paper or carton wrapping or packaging (which we all throw away after use). After using
the material things we bought, we realize that need them no more and have to throw
them away.
Our dumpsites are bursting at their seams, our roads are littered with plastics, pa-
pers, leaves, etc. And our rivers and waterways, the lakes and seas are filled with the solid
wastes we discard after throwing away the by-products and waste of mass consumerism.
st
At the turn of the 21 century, however, people began to realize that humans can-
not go on throwing away all those wastes generated by modern society. In the early
2000s, circa 2004, Metropolitan Manila alone was generating six to eight thousand
(6,000 to 8,000) tons of solid wastes. It was simply running out of spaces to throw them
into. No local government would like to accept the waste of others and become the host
to a dirty dumpsite.
Just as the Ecological Solid Waste Management Act (Rep Act 9003) was being born
into law, in 2000 a mountain of garbage collapsed in the Payatas Dumpsite in Quezon
City and killed hundreds of people, scavengers and squatters. Talk of perfect timing.
789
HUMAN HABITAT
The Solid Waste Management Law
The law is quite interesting because it now reflects the shift in the mindset and
treatment of garbage or solid waste. Whereas garbage was formerly treated only as
garbage to be disposed of and thrown away, the mindset of the law now views solid
wastes as a resource that must be re-used and recycled.
The key to proper solid waste management is the separation/segregation at source
of the wet and dry garbage. The wet waste (or organic waste, i.e., coming from a living
being) is to be shredded and returned to the soil for the further enrichment of the
Earth. The dry garbage may be further segregated into those that can be reused, and
those wastes that cannot be reused. Those that can be reused will be sold, and those
that cannot be reused or recycled (e.g., baby diapers, hazardous or toxic wastes) must be
disposed of properly.
It is really as simple as that.
Thus the law, one of the most sensible laws in recent memory, requires the segre-
gation of solid wastes, at source. In effect, it shifts responsibility for solid waste man-
agement from the government to the individual – where it should be.
In the art and science of environmental governance, the vigorous and proper im-
plementation of the solid waste management law cannot be over-emphasized. A gov-
ernment cannot dare to talk of such high-faluting terms such as ‘economic progress and
development’, globalization and trade liberalization, etc., if it cannot properly handle
such a simple matter as proper solid waste management. In the same manner as an
individual must be clean in self for basic hygiene, dignity and credibility, so must a city,
or a country first clean itself for it to have national dignity and credibility. Investors?
Tourists? After all, who wants to invest in or visit a city or a country that is dirty?!
Good environmental governance is a condition sine qua non for good over-all gov-
ernance.
There is a more fundamental reason for this however. Cleanliness of self and sur-
rounding is a good exercise for a people to convert a simple environmental awareness (of
cleanliness) into a conscious individual action. It is also known as ‘acting out a con-
sciousness’). And the fact that members of the community all work together, individu-
ally and collectively, to clean their homes and surroundings is another excellent exer-
cise of community cooperation and confidence building.
Most of all, it is the first (and easiest) step for a people to develop confidence in
their environmental capability.
790
SOLID WASTE MANAGEMENT
SOLID WASTE MANAGEMENT (Republic Act 9003)
Chapter 1
Basic Policies
General Provisions
Article I
SECTION 1. Short Title.—This Act shall be known as the “Ecological Solid

Waste Management Act of 2000”.
SEC. 2. 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 public health and environment;
b. Utilize environmen-
tally-sound methods that maxi-
mize the utilization of valuable
resources and encourage re-
source conservation and recov-
ery;
c. Set guidelines and tar-
gets for solid waste avoidance
and volume reduction through
source reduction and waste
minimization measures, includ-
ing composting, recycling, re-use,
recovery, green charcoal process,
and others, before collection,
treatment and disposal in ap-
propriate and environmentally
sound solid waste management
facilities in accordance with eco- “Solid wastes’ are the discarded leftovers of our ad-
logically sustainable develop- vanced consumer society. This growing mountain of
ment principles; garbage and trash represents not only an attitude of
indifference toward valuable natural resources, but
d. Ensure the proper seg- also a serious economic and public health problem.” —
regation, collection, transport, Jimmy Carter
storage, treatment and disposal (Digital Vision)
of solid waste through the for-
mulation and adoption of the best environmental practice in ecological waste manage-
ment excluding incineration;
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HUMAN HABITAT
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 pro-
grams; and
j. Strengthen the integration of ecological solid waste management and re-
source 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.
Definition of Terms
Article 2
SEC. 3. Definition of Terms.—For the purposes of this Act:

a. Agricultural waste shall refer to waste generated from planting or harvesting
of crops, trimming or pruning of plants and wastes or run-off materials from farms or
fields;
b. Bulky wastes shall refer to waste materials which cannot be appropriately
placed in separate containers because of either its bulky size, shape or other physical
attributes. These include large worn-out or broken household, commercial, and indus-
trial items such as furniture, lamps, bookcases, filing cabinets, and other similar
items;
c. Bureau shall refer to the Environmental Management Bureau;
d. Buy-back center shall refer to a recycling center that purchases or otherwise
accepts recyclable materials from the public for the purpose of recycling such materials;
e. Collection shall refer to the act of removing solid waste from the source or from
a communal storage point;
f. Composting shall refer to the controlled decomposition of organic matter by
micro-organisms, mainly bacteria and fungi, into a humus-like product;
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g. Consumer electronics shall refer to special wastes that include worn-out, bro-
ken, and other discarded items such as radios, stereos, and TV sets;
h. Controlled dump shall refer to a disposal site at which solid waste is deposited
in accordance with the minimum prescribed standards of site operation;
i. Department shall
refer to the Department of
Resources;
j. Disposal shall refer
to the discharge, deposit,
dumping, spilling, leaking or
placing of any solid waste
into or in any land;
k. Disposal site shall
refer to a site where solid
waste is finally discharged
and deposited;
l. Ecological solid
waste management shall
refer to the systematic ad-
ministration of activities
I only feel angry when I see waste. When I see people throw-
which provide for segrega-
ing away things we could use. — Mother Teresa tion at source, segregated
transportation, storage,
(Digital Vision) transfer, processing, treat-
ment, and disposal of solid
waste and all other waste management activities which do not harm the environment;
m. Environmentally acceptable shall refer to the quality of being re-usable, biode-
gradable or compostable, recyclable and not toxic or hazardous to the environment;
n. Generation shall refer to the act or process of producing solid waste;
o. Generator shall refer to a person, natural or juridical, who last uses a material
and makes it available for disposal or recycling;
p. Hazardous waste shall refer to solid waste or combination of solid waste
which because of its quantity, concentration, or physical, chemical or infectious char-
acteristics may:
1. cause, or significantly contribute to an increase in mortality or an in-
crease in serious irreversible, or incapacitating reversible, illness; or
2. pose a substantial present or potential hazard to human health or the
environment when improperly treated, stored, transported, or disposed of, or oth-
erwise managed;
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HUMAN HABITAT
q. Leachate shall refer to the liquid produced when waste undergo decomposition,
and when water percolate through solid waste undergoing decomposition. It is a con-
taminated liquid that contains dissolved and suspended materials;
r. Materials recovery facility—includes a solid waste transfer station or sorting
station, drop-off center, a composting facility, and a recycling facility;
s. Municipal waste shall refer to wastes produced from activities within local
government units which include a combination of domestic, commercial, institutional
and industrial wastes and street litters;
t. Open dump shall refer to a disposal area wherein the solid wastes are indis-
criminately thrown or disposed of without due planning and consideration for environ-
mental and health standards;
u. Opportunity to Recycle shall refer to the act of providing a place for collect-
ing source-separated recyclable material, located either at a disposal site or at an-
other location more convenient to the population being served, and collection of at
least once a month of source-separated recyclable material from collection service
customers and to providing a public education and promotion program that gives
notice to each person of the opportunity to recycle and encourage source separation of
recyclable material;
v. Person(s) shall refer to any being, natural or juridical, susceptible of rights and
obligations, or of being the subject of legal relations;
w. Post-consumer material shall refer only to those materials or products gener-
ated by a business or consumer which have served their intended end use, and which
have been separated or diverted from solid waste for the purpose of being collected,
processed and used as a raw material in the manufacturing of a recycled product, ex-
cluding materials and by-products generated from, and commonly used within an origi-
nal manufacturing process, such as mill scrap;
x. Receptacles shall refer to individual containers used for the source separation
and the collection of recyclable materials;
y. Recovered material shall refer to material and by-products that have been re-
covered or diverted from solid waste for the purpose of being collected, processed and
used as a raw material in the manufacture of a recycled product;
z. Recyclable material shall refer to any waste material retrieved from the waste
stream and free from contamination that can still be converted into suitable beneficial
use or for other purposes, including, but not limited to, newspaper, ferrous scrap metal,
non-ferrous scrap metal, used oil, corrugated cardboard, aluminum, glass, office paper,
tin cans and other materials as may be determined by the Commission;
aa. Recycled material shall refer to post-consumer material that has been recycled
and returned to the economy;
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bb. Recycling shall refer to the treating of used or waste materials through a
process of making them suitable for beneficial use and for other purposes, and includes
any process by which solid waste materials are transformed into new products in such a
manner that the original products may lose their identity, and which may be used as
raw materials for the production of other goods or services: Provided, That the collec-
tion, segregation and re-use of previously used packaging material shall be deemed
recycling under this Act;
cc. Resource conservation shall refer to the reduction of the amount of solid waste
that are generated or the reduction of overall resource consumption, and utilization of
recovered resources;
dd. Resource recovery shall refer to the collection, extraction or recovery of recy-
clable materials from the waste stream for the purpose of recycling, generating energy
or producing a product suitable for beneficial use: Provided, That, such resource recov-
ery facilities exclude incineration;
ee. Re-use shall refer to the process of recovering materials intended for the
same or different purpose without the alteration of physical and chemical characteris-
tics;
ff. Sanitary landfill shall refer to a waste disposal site designed, constructed, op-
erated and maintained in a manner that exerts engineering control over significant
potential environmental impacts arising from the development and operation of the
facility;
gg. Schedule of Compliance shall refer to an enforceable sequence of actions or
operations to be accomplished within a stipulated time frame leading to compliance
with a limitation, prohibition, or standard set forth in this Act or any rule or regulation
issued pursuant thereto;
hh. Secretary shall refer to the Secretary of the Department of Environment and
Natural Resources;
ii. Segregation shall refer to a solid waste management practice of separating dif-
ferent materials found in solid waste in order to promote recycling and re-use of re-
sources and to reduce the volume of waste for collection and disposal;
jj. Segregation at source shall refer to a solid waste management practice of
separating, at the point of origin, different materials found in solid waste in order to
promote recycling and re-use of resources and to reduce the volume of waste for collec-
tion and disposal;
kk. 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.
Unless specifically noted otherwise, the term “solid waste” as used in this Act shall
not include:
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HUMAN HABITAT
1. waste identified or listed as hazardous waste of a solid, liquid, contained

gaseous or semi-solid form which may cause or contribute to an increase in mortal-
ity 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 iso-
lated 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
specimens and disposable fomites attendant thereto, and similar disposable mate-
rials from outpatient areas and emergency rooms; and
3. waste resulting from mining activities, including contaminated soil and
debris.
ll. Solid waste management shall refer to the discipline associated with the con-
trol of generation, storage, collection, transfer and transport, processing, and disposal of
solid wastes in a manner that is in accord with the best principles of public health,
economics, engineering, conservation, aesthetics, and other environmental considera-
tions, and that is also responsive to public attitudes;
mm. Solid waste management facility shall refer to any resource recovery system
or component thereof; any system, program, or facility for resource conservation; any
facility for the collection, source separation, storage, transportation, transfer, process-
ing, treatment, or disposal of solid waste;
nn. Source reduction shall refer to the reduction of solid waste before it enters the
solid waste stream by methods such as product design, materials substitution, materi-
als re-use and packaging restrictions;
oo. Source separation shall refer to the sorting of solid waste into some or all of its
component parts at the point of generation;
pp. Special wastes shall refer to household hazardous wastes such as paints, thin-
ners, household batteries, lead-acid batteries, spray canisters and the like. These in-
clude wastes from residential and commercial sources that comprise of bulky wastes,
consumer electronics, white goods, yard wastes that are collected separately, batteries,
oil, and tires. These wastes are usually handled separately from other residential and
commercial wastes;
qq. Storage shall refer to the interim containment of solid waste after generation
and prior to collection for ultimate recovery or disposal;
rr. Transfer stations shall refer to those facilities utilized to receive solid wastes,
temporarily store, separate, convert, or otherwise process the materials in the solid
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wastes, or to transfer the solid wastes directly from smaller to larger vehicles for trans-
port. This term does not include any of the following:
1. a facility whose principal function is to receive, store, separate, con-

vert, or otherwise process in accordance with national minimum standards,
manure;
2. a facility whose principal function is to receive, store, convert, or other-
wise process wastes which have already been separated for re-use and are not in-
tended for disposal; and
3. the operations premises of a duly licensed solid waste handling operator
who receives, stores, transfers, or otherwise processes wastes as an activity inci-
dental to the conduct of a refuse collection and disposal business.
ss. Waste diversion shall refer to activities which reduce or eliminate the amount
of solid waste from waste disposal facilities;
tt. White goods shall refer to large worn-out or broken household, commercial,
and industrial appliances such as stoves, refrigerators, dishwashers, and clothes wash-
ers and dryers collected separately. White goods are usually dismantled for the recovery
of specific materials (e.g., copper, aluminum, etc.); and
uu. Yard Waste shall refer to wood, small or chipped branches, leaves, grass clip-
pings, garden debris, vegetable residue that is recognizable as part of a plant or vegeta-
ble and other materials identified by the Commission.
Chapter II
SEC. 4. National Solid Waste Management Commission.—There is hereby es-

tablished a National Solid Waste Management Commission, hereinafter referred to as
the Commission, under the Office of the President. The Commission shall be composed
of fourteen (14) members from the government sector and three (3) members from the
private sector. The government sector shall be represented by the heads of the following
agencies in their ex officio capacity:
1. Department of Environment and Natural Resources (DENR);
2. Department of the Interior and Local Government (DILG);
3. Department of Science and Technology (DOST);
4. Department of Public Works and Highways (DPWH);
5. Department of Health (DOH);
6. Department of Trade and Industry (DTI);
7. Department of Agriculture (DA);
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HUMAN HABITAT
8. Metro Manila Development Authority (MMDA);

9. League of provincial governors;
10. League of city mayors;
11. League of municipal mayors;
12. Association of barangay councils;
13. Technical Education and Skills Development Authority (TESDA); and
14. Philippine Information Agency.
The private sector shall be represented by the following:
a. A representative from Iloilo City Solid Waste Management Board with repre-
NGOs whose principal purpose sentatives of the Integrated Bar of the Philippines—
is to promote recycling and the National Environmental Action Team (IBP-NEAT), Sep-
protection of air and water tember 2005.
quality;
b. A representative from
the recycling industry; and
c. A representative from
the manufacturing or packag-
ing industry;
The Commission may,
from time to time, call on any
other concerned agencies or
sectors as it may deem neces-
sary.
Provided, That represen-
tatives from the NGOs, recy-
cling and manufacturing or
packaging industries shall be
nominated through a process “What we are living with is the result of human choices
designed by themselves and and it can be changed by making better, wiser choices.” —
shall be appointed by the Robert Redford
President for a term of three
(3) years.
Provided, further, That the Secretaries of the member agencies of the Commission
shall formulate action plans for their respective agencies to complement the National
Solid Waste Management Framework.
The Department Secretary and a private sector representative of the Commission
shall serve as Chairman and Vice-Chairman, respectively. The private sector represen-
tatives of the Commission shall be appointed on the basis of their integrity, high degree
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of professionalism and having distinguished themselves in environmental and resource

management. The members of the Commission shall serve and continue to hold office
until their successors shall have been appointed and qualified. Should a member of the
Commission fail to complete his/her term, the successor shall be appointed by the
President of the Philippines but only for the unexpired portion of the term. Finally, the
members shall be entitled to reasonable traveling expenses and honoraria.
The Department, through the Environmental Management Bureau, shall provide
secretariat support to the Commission. The Secretariat shall be headed by an Executive
Director who shall be nominated by the members of the Commission and appointed by
the Chairman.
SEC. 5. Powers and Functions of the Commission.—The Commission shall over-
see the implementation of solid waste management plans and prescribe policies to
achieve the objectives of this Act. The Commission shall undertake the following activi-
ties:
a. Prepare the national solid waste management framework;
b. Approve local solid waste management plans in accordance with its rules and
regulations;
c. Review and monitor the implementation of local solid waste management
plans;
d. Coordinate the operation of local solid waste management boards in the pro-
vincial and city/municipal levels;
e. To the maximum extent feasible, utilizing existing resources, assist provincial,
city and municipal solid waste management boards in the preparation, modification,
and implementation of waste management plans;
f. Develop a model provincial, city and municipal solid waste management plan
that will establish prototypes of the content and format which provinces, cities and
municipalities may use in meeting the requirements of the National Solid Waste Man-
agement Framework;
g. Adopt a program to provide technical and other capability building assistance
and support to local government units in the development and implementation of source
reduction programs;
h. Develop and implement a program to assist local government units in the
identification of markets for materials that are diverted from disposal facilities through
re-use, recycling, and composting, and other environment-friendly methods;
i. Develop a mechanism for the imposition of sanctions for the violation of envi-
ronmental rules and regulations;
j. Manage the Solid Waste Management Fund;
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HUMAN HABITAT
k. Develop and prescribe procedures for the issuance of appropriate permits and
clearances;
l. Review the incentives scheme for effective solid waste management, for pur-
poses of ensuring relevance and efficiency in achieving the objectives of this Act;
m. Formulate the necessary education promotion and information campaign
strategies;
n. Establish, after notice and hearing of the parties concerned, standards, crite-
ria, guidelines and formula that are fair, equitable and reasonable, in establishing tip-
ping charges and rates that the proponent will charge in the operation and manage-
ment of solid waste management facilities and technologies;
o. Develop safety nets and alternative livelihood programs for small recyclers
and other sectors that will be affected as a result of the construction and/or operation of
a solid waste management recycling plant or facility;
p. Formulate and update a list of non-environmentally acceptable materials in
accordance with the provisions of this Act. For this purpose, it shall be necessary that
proper consultation be conducted by the Commission with all concerned industries to
ensure a list that is based on technological and economic viability;
q. Encourage private sector initiatives, community participation and investments
resource recovery-based livelihood programs for local communities;
r. Encourage all local government agencies and all local government units to pa-
tronize products manufactured using recycled and recyclable materials;
s. Propose and adopt regulations requiring the source separation and post sepa-
ration collection, segregated collection, processing, marketing and sale of organic and
designated recyclable material generated in each local government unit; and
t. Study and review the following:
(i) Standards, criteria and guidelines for the promulgation and implementa-
tion of an integrated national solid waste management framework; and
(ii) Criteria and guidelines for siting, design, operation and maintenance of
solid waste management facilities.
SEC. 6. Meetings.—The Commission shall meet at least once a month. The pres-
ence of at least a majority of the members shall constitute a quorum. The Chairman, or
in his absence the vice-chairman, shall be the presiding officer. In the absence of the
heads of the agencies mentioned in Sec. 4 of this Act, they may designate permanent
representatives to attend the meetings.
SEC. 7. The National Ecology Center.—There shall be established a National
Ecology Center under the Commission which shall provide consulting, information,
training, and networking services for the implementation of the provisions of this Act.
In this regard, it shall perform the following functions:
800
a. Facilitate training and education in integrated ecological solid waste manage-

ment;
b. Establish and manage a solid waste management information data base, in co-
ordination with the DTI and other concerned agencies:
1. on solid waste generation and management techniques as well as the
management, technical and operational approaches to resource recovery; and
2. of processors/recyclers, the list of materials being recycled or bought by
them and their respective prices;
c. promote the development of a recycling market through the establishment of a
national recycling network that will enhance the opportunity to recycle;
d. provide or facilitate expert assistance in pilot modeling of solid waste man-
agement facilities; and
e. develop, test, and disseminate model waste minimization and reduction audit-
ing procedures for evaluating options.
The National Ecology Center shall be headed by the Director of the Bureau in his
ex-officio capacity. It shall maintain a multi-sectoral, multi-disciplinary pool of experts
including those from the academe, inventors, practicing professionals, business and
industry, youth, women and other concerned sectors, who shall be screened according to
qualifications set by the Commission.
SEC. 8. Role of the Department.—For the furtherance of the objectives of this
Act, the Department shall have the following functions:
a. Chair the Commission created pursuant to this Act;
b. Prepare an Annual National Solid Waste Management Status Report;
c. Prepare and distribute information, education and communication materials
on solid waste management;
d. Establish methods and other parameters for the measurement of waste reduc-
tion, collection and disposal;
e. Provide technical and other capability building assistance and support to the
LGUs in the development and implementation of local solid waste management plans
and programs;
f. Recommend policies to eliminate barriers to waste reduction programs;
g. Exercise visitorial and enforcement powers to ensure strict compliance with
this Act;
h. Perform such other powers and functions necessary to achieve the objectives of
this Act; and
i. Issue rules and regulations to effectively implement the provisions of this Act.
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HUMAN HABITAT
SEC. 9. Visitorial Powers of the Department.—The Department or its duly au-

thorized representative shall have access to, and the right to copy therefrom, the re-
cords required to be maintained pursuant to the provisions of this Act. The Secretary or
the duly authorized representative shall likewise have the right to enter the premises of
any generator, recycler or manufacturer, or other facilities any time to question any
employee or investigate any fact, condition or matter which may be necessary to deter-
mine any violation, or which may aid in the effective enforcement of this Act and its
implementing rules and regulations. This Section shall not apply to private dwelling
places unless the visitorial power is otherwise judicially authorized.
SEC. 10. Role of LGUs in Solid Waste Management.—Pursuant to the relevant
provisions of R.A. No. 7160, otherwise known as the Local Government Code, the LGUs
shall be primarily responsible for the implementation and enforcement of the provisions
of this Act within their respective jurisdictions.
Segregation and collection of solid waste shall be conducted at the barangay level
specifically for biodegradable, compostable and reusable wastes. Provided, That the
collection of non-recyclable materials and special wastes shall be the responsibility of
the municipality or city.
SEC. 11. Provincial Solid Waste Management Board.—A Provincial Solid Waste
Management Board shall be established in every province, to be chaired by the Gover-
nor. Its members shall include:
a. All the mayors of its component cities and municipalities;
b. One (1) representative from the Sangguniang Panlalawigan to be represented
by the Chairperson of either the Committees on Environment or Health or their equiva-
lent committees, to be nominated by the Presiding Officer;
c. The provincial health and/or general services officers, whichever may be rec-
ommended by the governor;
d. The provincial environment and natural resources officer;
e. The provincial engineer;
f. Congressional representative/s from each congressional district within the
province;
g. A representative from the NGO sector whose principal purpose is to promote
recycling and the protection of air and water quality;
h. A representative from the recycling industry;
i. A representative from the manufacturing or packaging industry; and
j. A representative of each concerned government agency possessing relevant
technical and marketing expertise as may be determined by the Board.
The Provincial Solid Waste Management Board may, from time to time, call on
any other concerned agencies or sectors as it may deem necessary.
802
Provided, That representatives from the NGOs, recycling and manufacturing or

packaging industries shall be selected through a process designed by themselves and
shall be endorsed by the government agency representatives of the Board.
Provided, further, That in the Province of Palawan, the Board shall be chaired by
the Chairman of the Palawan Council for Sustainable Development, pursuant to Repub-
lic Act No. 7611.
In the case of Metro Manila, the Board shall be chaired by the Chairperson of the
MMDA and its members shall include:
(i) All mayors of its component cities and municipalities;
(ii) A representative from the NGO sector whose principal purpose is to promote
recycling and the protection of air and water quality;
(iii) A representative from the recycling industry; and
(iv) A representative from the manufacturing or packaging industry.
The Board may, from time to time, call on any other concerned agencies or sectors
as it may deem necessary.
shall be endorsed by the
government agency represen-
tatives of the Board.
The Provincial Solid
Waste Management Board
shall have the following func-
tions and responsibilities:
1. Develop a Provin-
cial Solid Waste Manage-
ment Plan from the submit-
ted solid waste management
plans of the respective City
and Municipal Solid Waste
Management Boards herein
created. It shall review and
integrate the submitted
plans of all its component
cities and municipalities and
“Whenever you find yourself on the side of the majority, it is ensure that the various plans
time to pause and reflect.”— Mark Twain
complement each other, and
(Digital Vision) have the requisite compo-
nents. The Provincial Solid
Waste Management Plan shall be submitted to the Commission for approval.
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HUMAN HABITAT
The Provincial Plan shall reflect the general program of action and initiatives of
the provincial government in implementing a solid waste management program that
would support the various initiatives of its component cities and municipalities.
2. Provide the necessary logistical and operational support to its component cities
and municipalities in consonance with subsection (f) of Sec. 17 of the Local Government
Code;
3. Recommend measures and safeguards against pollution and for the preserva-
tion of the natural ecosystem;
4. Recommend measures to generate resources, funding and implementation of
projects and activities as specified in the duly approved Solid Waste Management Plans;
5. Identify areas within its jurisdiction which have common solid waste man-
agement problems and are appropriate units for planning local solid waste management
services in accordance with Sec. 41 hereof;
6. Coordinate the efforts of the component cities and municipalities in the im-
plementation of the Provincial Solid Waste Management Plan;
7. Develop an appropriate incentive scheme as an integral component of the Pro-
vincial Solid Waste Management Plan;
8. Convene joint meetings of the provincial, city and municipal solid waste man-
agement boards at least every quarter for purposes of integrating, synchronizing, moni-
toring and evaluating the development and implementation of its Provincial Solid
Waste Management Plan;
9. Represent any of its component city or municipality in coordinating its re-
source and operational requirements with agencies of the national government;
10. Oversee the implementation of the Provincial Solid Waste Management Plan;
11. Review every two (2) years or as the need arises the Provincial Solid Waste
Management Plan for purposes of ensuring its sustainability, viability, effectiveness
and relevance in relation to local and international developments in the field of solid
waste management; and
12. Allow for the clustering of LGUs for the solution of common solid waste man-
agement problems.
Sec. 12. City and Municipal Solid Waste Management Board.—Each city or mu-
nicipality shall form a City or Municipal Waste Management Board that shall prepare,
submit and implement a plan for the safe and sanitary management of solid waste
generated in areas under its geographic and political coverage.
The City or Municipal Solid Waste Management Board shall be composed of the
City or Municipal Mayor as head with the following as members:
a. One (1) representative of the Sangguniang Panlungsod or the Sangguniang
Bayan, preferably Chairpersons of either the Committees on Environment or Health,
who will be designated by the Presiding Officer;
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b. President of the Association of Barangay Councils in the municipality or city;

c. Chairperson of the Sangguniang Kabataan Federation;
d. A representative from NGOs whose principal purpose is to promote recycling
and the protection of air and water quality;
e. A representative from the recycling industry;
f. A representative from the manufacturing or packaging industry; and
g. Representative of each concerned government agency possessing relevant
technical and marketing expertise as may be determined by the Board.
The City or Municipal Solid Waste Management Board may, from time to time,
call on any concerned agencies or sectors as it may deem necessary.
shall be endorsed by the government agency representatives of the Board.
The City and Municipal Solid Waste Boards shall have the following duties and
responsibilities:
“Nature is just enough; but men and women must

1. Develop the City or
comprehend and accept her suggestion.”—Antoinette Municipal Solid Waste Manage-
Brown Blackwell ment Plan that shall ensure the
long-term management of solid
waste, as well as integrate the various solid waste management plans and strategies of
the barangays in its area of jurisdiction. In the development of the Solid Waste Man-
agement Plan, it shall conduct consultations with the various sectors of the community;
2. Adopt measures to promote and ensure the viability and effective implementa-
tion of solid waste management programs in its component barangays;
3. Monitor the implementation of the City or Municipal Solid Waste Management
Plan through its various political subdivisions and in cooperation with the private sec-
tor and the NGOs;
4. Adopt specific revenue-generating measures to promote the viability of its
Solid Waste Management Plan;
5. Convene regular meetings for purposes of planning and coordinating the imple-
mentation of the Solid Waste Management Plans of the respective component barangays;
6. Oversee the implementation of the City or Municipal Solid Waste Management
Plan;
7. Review every two (2) years or as the need arises the City or Municipal Solid
Waste Management Plan for purposes of ensuring its sustainability, viability, effective-
ness and relevance in relation to local and international developments in the field of
solid waste management;
8. Develop the specific mechanics and guidelines for the implementation of the
City or Municipal Solid Waste Management Plan;
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HUMAN HABITAT
9. Recommend to appropriate local government authorities specific measures or

proposals for franchise or build-operate-transfer agreements with duly recognized insti-
tutions, pursuant to R.A. 6957, to provide either exclusive or non-exclusive authority for
the collection, transfer, storage, processing, recycling or disposal of municipal solid
waste. The proposals shall take into consideration appropriate government rules and
regulations on contracts, franchises and build-operate-transfer agreements;
10. Provide the necessary logistical and operational support to its component cities
and municipalities in consonance with subsection (f) of Sec. 17 of the Local Government
Code;
11. Recommend measures and safeguards against pollution and for the preserva-
tion of the natural ecosystem; and
12. Coordinate the efforts of its component barangays in the implementation of the
city or municipal Solid Waste Management Plan.
Sec. 13. Establishment of Multi-Purpose Environment Cooperatives or Associa-
tions in Every LGU.—Multi-purpose cooperatives and associations that shall undertake
activities to promote the implementation and/or directly undertake projects in compli-
ance with the provisions of this Act shall be encouraged and promoted in every LGU.
Chapter III
Comprehensive Solid Waste Management
General Provisions
Article 1
SEC. 14. National Solid Waste Management Status Report.—The Department,

in coordination with the DOH and other concerned agencies, shall within six (6) months
after the effectivity of this Act, prepare a National Solid Waste Management Status
Report which shall be used as a basis in formulating the National Solid Waste Man-
agement Framework provided in Sec. 15 of this Act. The concerned agencies shall sub-
mit to the Department relevant data necessary for the completion of the said report
within three (3) months following the effectivity of this Act. The said report shall in-
clude, but shall not be limited to, the following:
a. Inventory of existing solid waste facilities;
b. General waste characterization, taking into account the type, quantity of
waste generated and estimation of volume and type of waste for reduction and recy-
cling;
c. Projection of waste generation;
d. The varying regional geologic, hydrologic, climatic, and other factors vital in
the implementation of solid waste practices to ensure the reasonable protection of:
1. the quality of surface and groundwater from leachate contamination;
806
2. the quality of surface waters from surface run-off contamination; and

3. ambient air quality.
e. Population density, distribution and projected growth;
f. The political, economic, organizational, financial and management problems
affecting comprehensive solid waste management;
g. Systems and techniques of waste reduction, re-use and recycling;
h. Available markets for recyclable materials;
i. Estimated cost of collecting, storing, transporting, marketing and disposal of
wastes and recyclable materials; and
j. Pertinent qualitative and quantitative information concerning the extent of
solid waste management problems and solid waste management activities undertaken
by local government units and the waste generators.
Provided, that the Department, in consultation with concerned agencies, shall re-
view, update and publish a National Solid Waste Management Status Report every two
(2) years or as the need arises.
SEC. 15. National Solid Waste Management Framework.—Within six (6)
months from the completion of the national solid waste management status report un-
der Sec. 14 of this Act, the Commission created under Sec. 4 of this Act shall, with pub-
lic participation, formulate and implement a National Solid Waste Management
Framework. Such framework shall consider and include:
a. Analysis and evaluation of the current state, trends, projections of solid waste
management on the national, provincial and municipal levels;
b. Identification of critical solid waste facilities and local government units which
will need closer monitoring and/or regulation;
c. Characteristics and conditions of collection, storage, processing, disposal, oper-
ating methods, techniques and practices, location of facilities where such operating
methods, techniques and practices are conducted, taking into account the nature of the
waste;
d. Waste diversion goal pursuant to Sec. 20 of this Act;
e. Schedule for the closure and/or upgrading of open and controlled dumps pur-
suant to Sec. 37 of this Act;
f. Methods of closing or upgrading open dumps for purposes of eliminating po-
tential health hazards;
g. The profile of sources, including industrial, commercial, domestic and other
sources;
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HUMAN HABITAT
h. Practical applications of environmentally sound techniques of waste minimiza-

tion such as, but not limited to, resource conservation, segregation at source, recycling,
resource recovery, including waste-to-energy generation, re-use and composting;
i. A technical and economic description of the level of performance that can be
attained by various available solid waste management practices which provide for the
protection of public health and the environment;
k. Appropriate solid waste facilities and conservation systems;
l. Recycling programs for the recyclable materials, such as but not limited to
glass, paper, plastic and metal;
m. Venues for public participation from all sectors at all phases/stages of the
waste management program/project;
n. Information and education campaign strategies;
o. A description of levels of performance and appropriate methods and degrees of
control that provide, at the minimum, for protection of public health and welfare
through:
1. Protection of the
quality of groundwater and
surface waters from
leachate and run-off con-
tamination;
2. Disease and epi-
demic prevention and
control;
3. Prevention and
control of offensive odor;
and
4. Safety and aes-
thetics.
o. Minimum criteria
to be used by the local
government units to define
ecological solid waste
“I feel more confident than ever that the power to save the
management practices. As
planet rests with the individual consumer.”— Denis Hays
much as practicable, such
guidelines shall also in- (Digital Vision)
clude minimum informa-
tion for use in deciding the adequate location, design, and construction of facilities asso-
ciated with solid waste management practices, including the consideration of regional,
geographic, demographic, and climatic factors; and
808
p. The method and procedure for the phaseout and the eventual closure within
eighteen (18) months from the effectivity of this Act in case of existing open dumps
and/or sanitary landfills located within an aquifer, groundwater reservoir or watershed
area.
SEC. 16. Local Government Solid Waste Management Plans.—The province, city
or municipality, through its local solid waste management boards, shall prepare its
respective 10-year solid waste management plans consistent with the national solid
waste management framework. Provided, That the waste management plan shall be for
the re-use, recycling and composting of wastes generated in their respective jurisdic-
tions: Provided further, That the solid waste management plan of the LGU shall ensure
the efficient management of solid waste generated within its jurisdiction. The plan shall
place primary emphasis on implementation of all feasible re-use, recycling, and com-
posting 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. The
plan shall contain all the components provided in Sec. 17 of this Act and a timetable for
the implementation of the solid waste management program in accordance with the
National Framework and pursuant to the provisions of this Act: Provided, finally, That
it shall be reviewed and updated every year by the provincial, city or municipal solid
waste management board.
For LGUs which have considered solid waste management alternatives to comply
with Sec. 37 of this Act, but are unable to utilize such alternatives, a timetable or
schedule of compliance specifying the remedial measures and eventual compliance shall
be included in the plan.
All local government solid waste management plans shall be subjected to the ap-
proval of the Commission. The plan shall be consistent with the national framework
and in accordance with the provisions of this Act and of the policies set by the Commis-
sion: Provided, That in the Province of Palawan, the local government solid waste man-
agement plan shall be approved by the Palawan Council for Sustainable Development,
pursuant to R.A. No. 7611.
SEC. 17. The Components of the Local Government Solid Waste Management
Plan.—The solid waste management plan shall include, but not be limited to, the fol-
lowing components:
a. City or Municipal Profile — The plan shall indicate the following background
information on the city or municipality and its component barangays, covering impor-
tant highlights of the distinct geographic and other conditions:
1. Estimated population of each barangay within the city or municipality
and population projection for a 10-year period;
2. Illustration or map of the city/municipality, indicating locations of resi-
dential, commercial, and industrial centers, and agricultural area, as well as dump
sites, landfills and other solid waste facilities. The illustration shall indicate as
well, the proposed sites for disposal and other solid waste facilities;
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HUMAN HABITAT
3. Estimated solid waste generation and projection by source, such as resi-

dential, market, commercial, industrial, construction/demolition, street waste, ag-
ricultural, agro-industrial, institutional, other wastes; and
4. Inventory of existing waste disposal and other solid waste facilities and
capacities.
b. Waste characterization — For the initial source reduction and recycling ele-
ment of a local waste management plan, the LGU waste characterization component
shall identify the constituent materials which comprise the solid waste generated
within the jurisdiction of the LGU. The information shall be representative of the solid
waste generated and disposed of within that area. The constituent materials shall be
identified by volume, percentage in weight or its volumetric equivalent, material type,
and source of generation which includes residential, commercial, industrial, govern-
mental, or other sources. Future revisions of waste characterization studies shall iden-
tify the constituent materials which comprise the solid waste disposed of at permitted
disposal facilities.
c. Collection and Transfer — The plan shall take into account the geographic
subdivisions to define the coverage of the solid waste collection area in every barangay.
The barangay shall be responsible for ensuring that a 100% collection efficiency from
residential, commercial, industrial and agricultural sources, where necessary within its
area of coverage, is achieved. Toward this end, the plan shall define and identify the
specific strategies and activities to be undertaken by its component barangays, taking
into account the following concerns:
1. Availability and provision of properly designed containers or receptacles
in selected collection points for the temporary storage of solid waste while awaiting
collection and transfer to processing sites or to final disposal sites;
2. Segregation of different types of solid waste for re-use, recycling and
composting;
3. Hauling and transfer of solid waste from source or collection points to
processing sites or final disposal sites;
4. Issuance and enforcement of ordinances to effectively implement a collec-
tion system in the barangay; and
5. Provision of properly trained officers and workers to handle solid waste
disposal.
The plan shall define and specify the methods and systems for the transfer of solid
waste from specific collection points to solid waste management facilities.
d. Processing—The plan shall define the methods and the facilities required to
process the solid waste, including the use of intermediate treatment facilities for com-
posting, recycling, conversion and other waste processing systems. Other appropriate
waste processing technologies may also be considered provided that such technologies
810
conform with internationally-acceptable and other standards set in other laws and
regulations.
e. Source reduction—The source reduction component shall include a program
and implementation schedule which shows the methods by which the LGU will, in com-
bination with the recycling and composting components, reduce a sufficient amount of
solid waste disposed of in accordance with the diversion requirements of Sec. 20.
The source reduction component shall describe the following:
1. strategies in reducing the volume of solid waste generated at source;
2. measures for implementing such strategies and the resources necessary
to carry out such activities;
3. other appropriate waste reduction technologies that may also be consid-
ered, provided that such technologies conform with the standards set pursuant to
this Act;
4. the types of wastes to be reduced pursuant to Sec. 15 of this Act;
5. the methods that the LGU will use to determine the categories of solid
wastes to be diverted from disposal at a disposal facility through re-use, recycling
and composting; and
6. new facilities and expansion of existing facilities which will needed to
implement re-use, recycling and composting.
The LGU source reduction
component shall include the
evaluation and identification of
rate structures and fees for the
purpose of reducing the amount of
waste generated, and other source
reduction strategies, including
but not limited to, programs and
economic incentives provided un-
der Sec. 45 of this Act to reduce
the use of non-recyclable materi-
als, replace disposable materials
and products with reusable mate-
rials and products, reduce packag-
ing, and increase the efficiency of
the use of paper, cardboard, glass,
metal, and other materials. The
waste reduction activities of the “The self-fabricated solid waste shredder and compac-
community shall also take into tor of the town of Los Baños in Laguna are perfect
account, among others, local capa- examples of self-reliant ingenuity.”
bility, economic viability, technical
requirements, social concerns, disposition of residual waste and environmental impact:
811
HUMAN HABITAT
Provided, That, projection of future facilities needed and estimated cost shall be incor-
porated in the plan.
f. Recycling—The recycling component shall include a program and implementa-
tion schedule which shows the methods by which the LGU shall, in combination with
the source reduction and composting components, reduce a sufficient amount of solid
waste disposed of in accordance with the diversion requirements set in Sec. 20.
The LGU recycling component shall describe the following:
1. The types of materials to be recycled under the programs;
2. The methods for determining the categories of solid wastes to be diverted from
disposal at a disposal facility through recycling; and
3. New facilities and expansion of existing facilities needed to implement the re-
cycling component.
The LGU recycling component shall describe methods for developing the markets
for recycled materials, including, but not limited to, an evaluation of the feasibility of
procurement preferences for the purchase of recycled products. Each LGU may deter-
mine and grant a price preference to encourage the purchase of recycled products.
The five-year strategy for collecting, processing, marketing and selling the desig-
nated recyclable materials shall take into account persons engaged in the business of
recycling or persons otherwise providing recycling services before the effectivity of this
Act. Such strategy may be based upon the results of the waste composition analysis
performed pursuant to this Section or information obtained in the course of past collec-
tion of solid waste by the local government unit, and may include recommendations
with respect to increasing the number of materials designated for recycling pursuant to
this Act.
The LGU recycling component shall evaluate industrial, commercial, residential,
agricultural, governmental, and other curbside, mobile, drop-off, and buy-back recycling
programs, manual and automated materials recovery facilities, zoning, building code
changes and rate structures which encourage recycling of materials. The Solid Waste
Management Plan shall indicate the specific measures to be undertaken to meet the
waste diversion specified under Sec. 20 of this Act.
Recommended revisions to the building ordinances, requiring newly-constructed
buildings and buildings undergoing specified alterations to contain storage space, de-
vices or mechanisms that facilitate source separation and storage of designated recycla-
ble materials to enable the local government unit to efficiently collect, process, market
and sell the designated materials. Such recommendations shall include, but shall not be
limited to separate chutes to facilitate source separation in multi-family dwellings,
storage areas that conform to fire and safety code regulations, and specialized storage
containers.
The Solid Waste Management Plan shall indicate the specific measures to be un-
dertaken to meet the recycling goals pursuant to the objectives of this Act.
812
g. Composting—The composting component shall include a program and imple-

mentation schedule which shows the methods by which the LGU shall, in combination
with the source reduction and recycling components, reduce a sufficient amount of solid
waste disposed of within its jurisdiction to comply with the diversion requirements of
Sec. 20 hereof.
The LGU composting component shall describe the following:
1. The types of materials which will be composted under the programs;
2. The methods for determining the categories of solid wastes to be diverted
from disposal at a disposal facility through composting; and
3. New facilities, and expansion of existing facilities needed to implement
the composting component.
The LGU composting component shall describe methods for developing the markets
for composted materials, including, but not limited to, an evaluation of the feasibility of
procurement preferences for the purchase of composted products. Each LGU may deter-
mine and grant a price preference to encourage the purchase of composted products.
h. Solid waste facility capacity and final disposal—The solid waste facility
component shall include, but shall not be limited to, a projection of the amount of
disposal capacity needed to accommodate the solid waste generated, reduced by the
following:
1. Implementation of source reduction, recycling, and composting programs
required in this Section or through implementation of other waste diversion activi-
ties pursuant to Sec. 20 of this Act;
2. Any permitted disposal facility which will be available during the 10-year
planning period; and
3. All disposal capacity which has been secured through an agreement with
another LGU, or through an agreement with a solid waste enterprise.
The plan shall identify existing and proposed disposal sites and waste manage-
ment facilities in the city or municipality or in other areas. The plan shall specify the
strategies for the efficient disposal of waste through existing disposal facilities and the
identification of prospective sites for future use. The selection and development of dis-
posal sites shall be made on the basis of internationally accepted standards and on the
guidelines set in Secs. 41 and 42 of this Act.
Strategies shall be included to improve said existing sites to reduce adverse impact
on health and the environment, and to extend life span and capacity. The plan shall
clearly define projections for future disposal site requirements and the estimated cost
for these efforts.
Open dump sites shall not be allowed as final disposal sites. If an open dump site
is existing within the city or municipality, the plan shall make provisions for its closure
or eventual phase out within the period specified under the framework and pursuant to
813
HUMAN HABITAT
the provisions under Sec. 37 of this Act. As an alternative, sanitary landfill sites shall
be developed and operated as a final disposal site for solid and, eventually, residual
wastes of a municipality or city or a cluster of municipalities and/or cities. Sanitary
landfills shall be designed and operated in accordance with the guidelines set under
Secs. 40 and 41 of this Act.
i. Education and public information—The education and public information
component shall describe how the LGU will educate and inform its citizens about the
source reduction, recycling, and composting programs.
The plan shall make provisions to ensure that information on waste collection ser-
vices, solid waste management and related health and environmental concerns are
widely disseminated among the public. This shall be undertaken through the print and
broadcast media and other government agencies in the municipality. The DECS and the
Commission on Higher Education shall ensure that waste management shall be incor-
porated in the curriculum of primary, secondary and college students.
j. Special waste—The special waste component shall include existing waste han-
dling and disposal practices for special wastes or household hazardous wastes, and the
identification of current and proposed programs to ensure the proper handling, re-use,
and long-term disposal of special wastes.
k. Resource requirement and funding—The funding component includes identifi-
cation and description of project costs, revenues, and revenue sources the LGU will use
to implement all components of the LGU solid waste management plan.
The plan shall likewise indicate specific projects, activities, equipment and tech-
nological requirements for which outside sourcing of funds or materials may be neces-
sary to carry out the specific components of the plan. It shall define the specific uses
for its resource requirements and indicate its costs. The plan shall likewise indicate
how the province, city or municipality intends to generate the funds for the acquisi-
tion of its resource requirements. It shall also indicate if certain resource require-
ments are being or will be sourced from fees, grants, donations, local funding and
other means. This will serve as basis for the determination and assessment of incen-
tives which may be extended to the province, city or municipality as provided for in
Sec. 45 of this Act.
l. Privatization of solid waste management projects—The plan shall likewise
indicate specific measures to promote the participation of the private sector in the
management of solid wastes, particularly in the generation and development of the
essential technologies for solid waste management. Specific projects or component
activities of the plan which may be offered as private sector investment activity shall
be identified and promoted as such. Appropriate incentives for private sector involve-
ment in solid waste management shall likewise be established and provided for in the
plan, in consonance with Sec. 45 hereof and other existing laws, policies and regula-
tions; and
814
m. Incentive programs—A program providing for incentives, cash or otherwise,

which shall encourage the participation of concerned sectors shall likewise be included
in the plan.
SEC. 18. Owner and Operator.—Responsibility for compliance with the stan-
dards in this Act shall rest with the owner and/or operator. If specifically designated,
the operator is considered to have primary responsibility for compliance; however, this
does not relieve the owner of the duty to take all reasonable steps to assure compliance
with these standards and any assigned conditions. When the title to a disposal is trans-
ferred to another person, the new owner shall be notified by the previous owner of the
existence of these standards and of the conditions assigned to assure compliance.
SEC. 19. Waste Characterization.—The Department, in coordination with the
LGUs, shall be responsible for the establishment of the guidelines for the accurate
characterization of wastes including determination of whether or not wastes will be
compatible with containment features and other wastes, and whether or not wastes are
required to be managed as hazardous wastes under R.A. 6969, otherwise known as the
Toxic Substances and Hazardous and Nuclear Wastes Control Act.
SEC. 20. Establishing Mandatory Solid Waste Diversion.—Each LGU plan shall
include an implementation schedule which shows that within five (5) years after the
effectivity of this Act, the LGU shall divert at least 25% of all solid waste from waste
disposal facilities through re-use, recycling, and composting activities and other re-
source recovery activities; Provided, That the waste diversion goals shall be increased
every three (3) years thereafter. Provided further, That nothing in this Section prohibits
a local government unit from implementing re-use, recycling, and composting activities
designed to exceed the goal.
Segregation of Wastes
Article 2
SEC. 21. Mandatory Segregation of Solid Wastes.—The LGUs shall evaluate al-
ternative roles for the public and private sectors in providing collection services, type of
collection system, or combination of systems, that best meet their needs; Provided, that
segregation of wastes shall primarily be conducted at the source, to include household,
institutional, industrial, commercial and agricultural sources. Provided further, that
wastes shall be segregated into the categories provided in Sec. 22 of this Act.
For premises containing six (6) or more residential units, the local government
unit shall promulgate regulations requiring the owner or person in charge of such prem-
ises to:
a. provide for the residents a designated area and containers in which to ac-
cumulate source separated recyclable materials to be collected by the municipality
or private center; and
815
HUMAN HABITAT
b. notify the occupants of such buildings of the requirements of this Act and
the regulations promulgated pursuant thereto.
SEC. 22. Requirements for the Segregation and Storage of Solid Waste.—The fol-
lowing shall be the minimum standards and requirements for segregation and storage
of solid waste pending collection:
a. There shall be a separate container for each type of waste from all sources;
Provided, that in the case of bulky waste, it will suffice that the same be collected and
placed in a separate and designated area; and
b. The solid waste container depending on its use shall be properly marked or
identified for on-site collection as “compostable”, “non-recyclable”, “recyclable” or “spe-
cial waste”, or any other classification as may be determined by the Commission.
Collection and Transport of Solid Wastes

Article 3
SEC. 23. Requirements for Collection of Solid Waste.—The following shall be the
minimum standards and requirements for the collection of solid waste:
a. All collectors and other personnel directly dealing with collection of solid waste
shall be equipped with personal protective equipment to protect them from the hazards
of handling solid wastes;
b. Necessary training shall be given to the collectors and personnel to ensure that
the solid wastes are handled properly and in accordance with the guidelines pursuant to
this Act; and
c. Collection of solid waste shall be done in a manner which prevents damage
to the container, and spillage or scattering of solid waste within the collection vicin-
ity.
SEC. 24. Requirements for the Transport of Solid Waste.—The use of separate
collection schedules and/or separate trucks or haulers shall be required for specific
types of wastes. Otherwise, vehicles used for the collection and transport of solid wastes
shall have the appropriate compartments to facilitate efficient storing of sorted wastes
while in transit.
Vehicles shall be designed to consider road size, condition and capacity to ensure
the safe and efficient collection and transport of solid wastes.
The waste compartment shall have a cover to ensure the containment of solid
wastes while in transit.
For the purpose of identification, vehicles shall bear the body number, the name,
and telephone number of the contractor/agency collecting solid waste.
SEC. 25. Guidelines for Transfer Stations.—Transfer stations shall be de-
signed and operated for efficient waste handling capacity and in compliance with
816
environmental standards and guidelines set pursuant to this Act and other regula-
tions: Provided, That no waste shall be stored in such station beyond twenty-four (24)
hours.
The siting of the transfer station shall consider the land use plan, proximity to col-
lection area, and accessibility of haul routes to disposal facility. The design shall give
primary consideration to size and space sufficiency in order to accommodate the waste
for storage and vehicles for loading and unloading of wastes.
Recycling Program
Article 4
SEC. 26. Inventory of Existing Markets for Recyclable Materials.—The DTI

shall, within six (6) months from the effectivity of this Act and in cooperation with the
Department, the DILG and other concerned agencies and sectors, publish a study of
existing markets for processing and purchasing recyclable materials and the potential
steps necessary to expand these markets. Such study shall include, but not be limited
to, an inventory of existing markets for recyclable materials, product standards for
recyclable and recycled materials, and a proposal, developed in conjunction with the
appropriate agencies, to stimulate the demand for the production of products containing
post-consumer and recovered materials.
SEC. 27. Requirement for Eco-Labeling.—The DTI shall formulate and imple-
ment a coding system for packaging materials and products to facilitate waste recycling
and re-use.
SEC. 28. Reclamation Programs and Buy-back Centers for Recyclables and
Toxics.—The National Ecology Center shall assist LGUs in establishing and implement-
ing deposit or reclamation programs in coordination with manufacturers, recyclers and
generators to provide separate collection systems or convenient drop-off locations for
recyclable materials and particularly for separated toxic components of the waste
stream like dry cell batteries and tires to ensure that they are not incinerated or dis-
posed of in a landfill. Upon effectivity of this Act, toxic materials present in the waste
stream should be separated at source, collected separately, and further screened and
sent to appropriate hazardous waste treatment and disposal plants, consistent with the
provisions of R.A. No. 6969.
SEC. 29. Non-Environmentally Acceptable Products.—Within one (1) year from
the effectivity of this Act, the Commission shall, after public notice and hearing, pre-
pare a list of non-environmentally acceptable products as defined in this Act that shall
be prohibited according to a schedule that shall be prepared by the Commission: Pro-
vided, however, That non-environmentally acceptable products shall not be prohibited
unless the Commission first finds that there are alternatives available which are avail-
able to consumers at no more than ten percent (10%) greater cost than the disposable
product.
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HUMAN HABITAT
Notwithstanding any other provision to the contrary, this section shall not apply
to:
a. Packaging used at hospi- “The goal of life is living in agreement with na-
tals, nursing homes or other medi- ture.”—Zeno
cal facilities; and
b. Any packaging which is not environmentally acceptable, but for which there is
no commercially available alternative as determined by the Commission.
The Commission shall annually review and update the list of prohibited non-
environmentally acceptable products.
SEC. 30. Prohibition on the Use of Non-Environmentally Acceptable Packag-
ing.— No person owning, operating or conducting a commercial establishment in the
country shall sell or convey at retail or possess with the intent to sell or convey at retail
any products that are placed, wrapped or packaged in or on packaging which is not
environmentally acceptable packaging; Provided, That the Commission shall determine
a phaseout period after proper consultation and hearing with the stakeholders or with
the sectors concerned. The presence in the commercial establishment of non-
environmentally acceptable packaging shall constitute a rebuttable presumption of
intent to sell or convey the same at retail to customers.
Any person who is a manufacturer, broker or warehouse operator engaging in the
distribution or transportation of commercial products within the country shall file a
report with the concerned local government unit within one (1) year from the effectivity
of this Act, and annually thereafter, a listing of any products in packaging which is not
environmentally acceptable. The Commission shall prescribe the form of such report in
its regulations.
A violation of this Section shall be sufficient grounds for the revocation, suspen-
sion, denial or non-renewal of any license for the establishment in which the violation
occurs.
SEC. 31. Recycling Market Development.—The Commission together with the
National Ecology Center, the DTI and the Department of Finance shall establish proce-
dures, standards and strategies to market recyclable materials and develop the local
market for recycled goods, including but not limited to:
a. measures providing economic incentives and assistance including loans and
grants for the establishments of privately owned facilities to manufacture finished
products from post-consumer materials;
b. guarantees by the national and local governments to purchase a percentage of
the output of the facility; and
c. maintaining a list of prospective buyers, establishing contact with prospective
buyers and reviewing and making any necessary changes in collecting or processing the
materials to improve their marketability.
818
In order to encourage establishment of new facilities to produce goods from post-

consumer and recovered materials generated within local government units, and to
conserve energy by reducing materials transportation, whenever appropriate, each local
government unit may arrange for long-term contracts to purchase a substantial share of
the product output of a proposed facility which will be based in the jurisdiction of the
local government unit if such facility will manufacture such finished products from
post-consumer and recovered materials.
SEC. 32. Establishment of LGU Materials Recovery Facility.—There shall be es-
tablished a Materials Recovery Facility (MRF) in every barangay or cluster of baran-
gays. The facility shall be established in a barangay-owned or leased land or any suit-
able open space to be determined by the barangay through its Sanggunian. For this
purpose, the barangay or cluster of barangays shall allocate a certain parcel of land for
the MRF. The determination of site and actual establishment of the facility shall like-
wise be subject to the guidelines and criteria set pursuant to this Act. The MRF shall
receive mixed waste for final sorting, segregation, composting, and recycling. The re-
sulting residual wastes shall be transferred to a long-term storage or disposal facility or
sanitary landfill.
SEC. 33. Guidelines for Establishment of Materials Recovery Facility.—
Materials recovery facilities shall be designed to receive, sort, process, and store com-
postable and recyclable material efficiently and in an environmentally sound manner.
The facility shall address the following considerations:
a. The building and/or land layout and equipment must be designed to accommo-
date efficient and safe materials processing, movement, and storage; and
b. The building must be designed to allow efficient and safe external access and
to accommodate internal flow.
Composting
Article 5
SEC. 34. Inventory of Markets for Composts.—Within six (6) months after the ef-
fectivity of this Act, the DA shall publish an inventory of existing markets and demands
for composts. Said inventory shall thereafter be updated and published annually; Pro-
vided, that the composting of agricultural wastes, and other compostable materials,
including but not limited to garden wastes, shall be encouraged.
SEC. 35. Guidelines for Compost Quality.—Compost products intended to be dis-
tributed commercially shall conform with the standards for organic fertilizers set by the
DA. The DA shall assist the compost producers to ensure that the compost products
conform to such standards.
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HUMAN HABITAT
Waste Management Facilities

Article 6
SEC. 36. Inventory of Waste Disposal Facilities.—Within six (6) months from the
effectivity of this Act, the Department, in cooperation with the DOH, DILG and other
concerned agencies, shall publish an inventory of all solid waste disposal facilities or
sites in the country.
SEC. 37. Prohibition Against the Use of Open Dumps for Solid Waste.—No open
dumps shall be established and operated, nor any practice or disposal of solid waste by
any person, including LGUs, which constitutes the use of open dumps for solid waste, be
allowed after the effectivity of this Act: Provided, That within three (3) years after the
effectivity of this Act, every LGU shall convert its open dumps into controlled dumps, in
accordance with the guidelines set in Sec. 41 of this Act; Provided, further, that no con-
trolled dumps shall be allowed five (5) years following the effectivity of this Act.
SEC. 38. Permit for Solid Waste Management Facility Construction and Ex-
pansion.—No person shall commence operation, including site preparation and con-
struction of a new solid waste management facility or the expansion of an existing
facility until said person obtains an Environmental Compliance Certificate (ECC)
from the Department pursuant to P.D. 1586 and other permits and clearances from
concerned agencies.
SEC. 39. Guidelines for Controlled Dumps.—The following shall be the mini-
mum considerations for the establishment of controlled dumps:
a. Regular inert cover;
b. Surface water and peripheral site drainage control;
c. Provision for aerobic and anaerobic decomposition;
d. Restriction of waste deposition to small working areas;
e. Fence, including provision for litter control;
f. Basic record-keeping;
g. Provision of maintained access road;
h. Controlled waste picking and trading;
i. Post-closure site cover and vegetation; and
j. Hydrogeological siting.
SEC. 40. Criteria for Siting a Sanitary Landfill.—The following shall be the
minimum criteria for the siting of sanitary landfills:
a. The site selected must be consistent with the overall land use plan of the LGU;
b. The site must be accessible from major roadways or thoroughfares;
820
c. The site should have an adequate quantity of earth cover material that is eas-
ily handled and compacted;
d. The site must be chosen with regard for the sensitivities of the community’s
residents;
e. The site must be located in an area where the landfill’s operation will not det-
rimentally affect environmentally sensitive resources such as aquifer, groundwater
reservoir or watershed area;
f The site should be large enough to accommodate the community’s wastes for a
period of five (5) years during which people must internalize the value of environmen-
tally sound and sustainable solid waste disposal;
g. The site chosen should facilitate developing a landfill that will satisfy budget-
ary constraints, including site development, operation for many years, closure, post-
closure care and possible remediation costs;
h. Operating plans must include provisions for coordinating with recycling and
resource recovery projects; and
i. Designation of a separate containment area for household hazardous wastes.
SEC. 41. Criteria for Establishment of Sanitary Landfill.—The following shall
be the minimum criteria for the establishment of sanitary landfills:
a. Liners—a system of clay layers and/or geosynthetic membranes used to con-
tain leachate and reduce or prevent contaminant flow to ground water;
b. Leachate collection and treatment system—installation of pipes at the low ar-
eas of the liner to collect leachate for storage and eventual treatment and discharge;
c. Gas control and recovery system—a series of vertical wells or horizontal
trenches containing permeable materials and perforated piping placed in the landfill to
collect gas for treatment or productive use as an energy source;
d. Groundwater monitoring well system—wells placed at an appropriate loca-
tion and depth for taking water samples that are representative of groundwater qual-
ity;
e. Cover—two (2) forms of cover consisting of soil and geosynthetic materials to
protect the waste from long-term contact with the environment:
(i) a daily cover placed over the waste at the close of each day’s operations,
and
(ii) a final cover, or cap, which is the material placed over the completed
landfill to control infiltration of water, gas emission to the atmosphere, and ero-
sion.
f. Closure procedure—with the objectives of establishing low maintenance cover

systems and final cover that minimizes the infiltration of precipitation into the waste.
821
HUMAN HABITAT
Installation of the final cover must be completed within six (6) months of the last re-
ceipt of wastes; and
g. Post-closure care procedure—During this period, the landfill owner shall be re-
sponsible for providing for the general upkeep of the landfill, maintaining all of the
landfill’s environmental protection features, operating monitoring equipment, remediat-
ing groundwater should it become contaminated and controlling landfill gas migration
or emission.
SEC. 42. Operating Criteria for Sanitary Landfills.—In the operation of a sani-
tary landfill, each site operator shall maintain the following minimum operating re-
quirements:
a. Disposal site records of, but not limited to:
1. Records of weights or volumes accepted in a form and manner approved
by the Department. Such records shall be submitted to the Department upon re-
quest, accurate to within ten
percent (10%) and adequate for
overall planning purposes and
forecasting the rate of site fill-
ing;
2. Records of excavations
which may affect the safe and
proper operation of the site or
cause damage to adjoining
properties;
3. Daily log book or file
of the following information:
fires, landslides, earthquake
damage, unusual and sudden
settlement, injury and property
damage, accidents, explosions,
receipt or rejection of unper-
mitted wastes, flooding, and
other unusual occurrences;
4. Record of personnel
training; and “The ecological crisis is doing what no other crisis
in history has ever done -- challenging us to a
5. Copy of written notifi- realization of a new humanity.” — Jean Houston
cation to the Department, local
health agency, and fire author- (Digital Vision)
ity of names, addresses and
telephone numbers of the operator or responsible party of the site;
822
b. Water quality monitoring of surface and ground waters and effluent, and gas
emissions;
c. Documentation of approvals, determinations and other requirements by the
Department;
d. Signs –
1. Each point of access from a public road shall be posted with an easily
visible sign indicating the facility name and other pertinent information as re-
quired by the Department;
2. If the site is open to the public, there shall be an easily visible sign at the
primary entrance of the site indicating the name of the site operator, the opera-
tor’s telephone number, and hours of operation; an easily visible sign at an appro-
priate point shall indicate the schedule of charges and the general types of materi-
als which will either be accepted or not;
3. If the site is open to the public, there shall be an easily visible road sign
and/or traffic control measures which direct traffic to the active face and other ar-
eas where wastes or recyclable materials will be deposited; and
4. Additional signs and/or measures may be required at a disposal site by
the Department to protect personnel and public health and safety;
e. Monitoring of quality of surface, ground and effluent waters, and gas emis-
sions;
f. The site shall be designed to discourage unauthorized access by persons and
vehicles by using a perimeter barrier or topographic constraints. Areas within the site
where open storage or pounding of hazardous materials occurs shall be separately
fenced or otherwise secured as determined by the Department. The Department may
also require that other areas of the site be fenced to create an appropriate level of secu-
rity;
g. Roads within the permitted facility boundary shall be designed to minimize
the generation of dust and the tracking of material onto adjacent public roads. Such
roads shall be kept in safe condition and maintained such that vehicle access and
unloading can be conducted during inclement weather;
h. Sanitary facilities consisting of adequate number of toilets and hand wash-
ing facilities, shall be available to personnel at or in the immediate vicinity of the
site;
i. Safe and adequate drinking water supply for the site personnel shall be avail-
able;
j. The site shall have communication facilities available to site personnel to al-
low quick response to emergencies;
823
HUMAN HABITAT
k. Where operations are conducted during hours of darkness, the site and/or
equipment shall be equipped with adequate lighting as approved by the Department to
ensure safety and to monitor the effectiveness of operations;
l. Operating and maintenance personnel shall wear and use appropriate safety
equipment as required by the Department;
m. Personnel assigned to operate the site shall be adequately trained in subject
pertinent to the site operation and maintenance, hazardous materials recognition and
screening, and heavy equipment operations, with emphasis on safety, health, environ-
mental controls and emergency procedures. A record of such training shall be placed in
the operating record;
n. The site operator shall provide adequate supervision of a sufficient number of
qualified personnel to ensure proper operation of the site in compliance with all appli-
cable laws, regulations, permit conditions and other requirements. The operator shall
notify the Department and local health agency in writing of the names, addresses, and
telephone number of the operator or responsible party. A copy of the written notification
shall be placed in the operating record;
o. Any disposal site open to the public shall have an attendant present during
public operating hours or the site shall be inspected by the operator on a regularly
scheduled basis, as determined by the Department;
p. Unloading of solid wastes shall be confined to a small area as possible to ac-
commodate the number of vehicles using the area without resulting in traffic, person-
nel, or public safety hazards. Waste materials shall normally be deposited at the toe of
the fill, or as otherwise approved by the Department;
q. Solid waste shall be spread and compacted in layers with repeated passages of
the landfill equipment to minimize voids within the cell and maximize compaction. The
loose layer shall not exceed a depth approximately two feet before compaction. Spread-
ing and compacting shall be accomplished as rapidly as practicable, unless otherwise
approved by the Department;
r. Covered surfaces of the disposal area shall be graded to promote lateral runoff
of precipitation and to prevent pounding. Grades shall be established of sufficient slopes
to account for future settlement of the fill surface. Other effective maintenance methods
may be allowed by the Department; and
s. Cover material or native material unsuitable for cover, stockpiled on the site
for use or removal, shall be placed so as not to cause problems or interfere with unload-
ing, spreading, compacting, access, safety, drainage, or other operations.
824
Local Government Solid Waste Management

Article 7
SEC. 43. Guidelines for Identification of Common Solid Waste Management

Problems.—For purposes of encouraging and facilitating the development of local gov-
ernment plans for solid waste management, the Commission shall, as soon as practica-
ble but not later than six (6) months from the effectivity of this Act, publish guidelines
for the identification of those areas which have common solid waste management prob-
lems and are appropriate units for clustered solid waste management services. The
guidelines shall be based on the following:
a. the size and location of areas which should be included;
b. the volume of solid waste which would be generated;
c. the available means of coordinating local government planning between and
among the LGUs and for the integration of such with the national plan; and
d. possible lifespan of the disposal facilities.
SEC. 44. Establishment of Common Waste Treatment and Disposal Facilities.—
Pursuant to Sec. 33 of R.A. 7160, otherwise known as the Local Government Code, all
provinces, cities, municipalities and barangays, through appropriate ordinances, are
hereby mandated to consolidate, or coordinate their efforts, services, and resources for
purposes of jointly addressing common solid waste management problems and/or estab-
lishing common waste disposal facilities.
The Department, the Commission and local solid waste management boards shall
provide technical and marketing assistance to the LGUs.
Chapter IV
Incentives
SEC. 45. Incentives—

a. Rewards, monetary or otherwise, shall be provided to individuals, private or-
ganizations and entities, including non-government organizations, that have under-
taken outstanding and innovative projects, technologies, processes and techniques or
activities in re-use, recycling and reduction. Said rewards shall be sourced from the
Fund herein created.
b. An incentive scheme is hereby provided for the purpose of encouraging LGUs,
enterprises, or private entities, including NGOs, to develop or undertake an effective
solid waste management, or actively participate in any program geared towards the
promotion thereof as provided for in this Act.
1. Fiscal Incentives — Consistent with the provisions of E.O. 226, otherwise
known as the Omnibus Investments Code, the following tax incentives shall be
granted:
825
HUMAN HABITAT
(a) Tax and Duty Exemption on Imported Capital Equipment and Ve-
hicles — Within ten (10) years upon effectivity of this Act, LGUs, enterprises
or private entities shall enjoy tax and duty-free importation of machinery,
equipment, vehicles and spare parts used for collection, transportation, seg-
regation, recycling, re-use and composting of solid wastes: Provided, That the
importation of such machinery, equipment, vehicle and spare parts shall
comply with the following conditions:
(i) They are not manufactured domestically in sufficient quan-
tity, of comparable quality and at reasonable prices;
(ii) They are reasonably needed and will be used actually, di-
rectly and exclusively for the above mentioned activities;
(iii) The approval of the Board of Investment (BOI) of the DTI for
the importation of such machinery, equipment, vehicle and spare
parts.
Provided, further, that the sale, transfer or disposition of such machinery, equip-
ment, vehicle and spare parts, without prior approval of the BOI, within five (5) years
from the date of acquisition shall be prohibited, otherwise, the LGU concerned, enter-
prises or private entities and the vendee, transferee or assignee shall be solidarily liable
to pay twice the amount of tax and duty exemption given it.
(b) Tax Credit on Domestic Capital Equipment—Within ten (10) years from the
effectivity of this Act, a tax credit equivalent to 50% of the value of the national internal
revenue taxes and customs duties that would have been waived on the machinery,
equipment, vehicle and spare parts, had these items been imported shall be given to
enterprises, private entities, including NGOs, subject to the same conditions and prohi-
bition cited in the preceding paragraph.
(c) Tax and Duty Exemption of Donations, Legacies and Gift—All legacies, gifts
and donations to LGUs, enterprises or private entities, including NGOs, for the support
and maintenance of the program for effective solid waste management shall be exempt
from all internal revenue taxes and customs duties, and shall be deductible in full from
the gross income of the donor for income tax purposes.
2. Non-Fiscal Incentives—LGUs, enterprises or private entities availing of

tax incentives under this Act shall also be entitled to applicable non-fiscal incen-
tives provided for under E.O. 226, otherwise known as the Omnibus Investments
Code.
The Commission shall provide incentives to businesses and industries that are en-
gaged in the recycling of wastes and which are registered with the Commission and
have been issued ECCs in accordance with the guidelines established by the Commis-
sion. Such incentives shall include simplified procedures for the importation of equip-
826
ment, spare parts, new materials, and supplies, and for the export of processed prod-
ucts.
3. Financial Assistance Program—Government financial institutions such
as the Development Bank of the Philippines (DBP), Landbank of the Philippines
(LBP), Government Service Insurance System (GSIS), and such other government
institutions providing financial services shall, in accordance with and to the extent
allowed by the enabling provisions of their respective charters or applicable laws,
accord high priority to extend financial services to individuals, enterprises, or pri-
vate entities engaged in solid waste management.
4. Extension of Grants to LGUs—Provinces, cities and municipalities whose
solid waste management plans have been duly approved by the Commission or
who have been commended by the Commission for adopting innovative solid waste
management programs may be entitled to receive grants for the purpose of devel-
oping their technical capacities toward actively participating in the program for ef-
fective and sustainable solid waste management.
5. Incentives to Host LGUs—Local government units who host common
waste management facilities shall be entitled to incentives.
Chapter V
Financing Solid Waste Management
SEC. 46. 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:
1. products, facilities, technologies and processes to enhance proper solid
waste management;
2. awards and incentives;
3. research programs;
4. information, education, communication and monitoring activities;
5. technical assistance; and
6. capability building activities.
827
HUMAN HABITAT
LGUs are entitled to avail of the Fund on the basis of their approved solid waste
management plan. Specific criteria for the availment of the Fund shall be prepared by
the Commission.
The fines collected under Sec. 49 shall be allocated to the LGU where the fined
prohibited acts are committed in order to finance the solid waste management of said
LGU. Such allocation shall be based on a sharing scheme between the Fund and the
LGU concerned.
In no case, however, shall the Fund be used for the creation of positions or pay-
ment of salaries and wages.
SEC. 47. Authority to Collect Solid Waste Management Fees.—The local govern-
ment unit shall impose fees in amount sufficient to pay the costs of preparing, adopt-
ing, and implementing a solid waste management plan prepared pursuant to this Act.
The fees shall be based on the following minimum factors:
a. types of solid waste;
b. amount/volume of waste; and
c. distance of the transfer station to the waste management facility.
The fees shall be used to pay the actual costs incurred by the LGU in collecting the
local fees. In determining the amount of the fees, an LGU shall include only those costs
directly related to the adoption and implementation of the plan and the setting and
collection of the local fees.
Chapter VI
Penal Provisions
SEC. 48. Prohibited Acts.—The following acts are prohibited:

1. Littering, throwing, dumping of waste matters in public places, such as roads,
sidewalks, canals, esteros or parks, and establishment, or causing or permitting the
same;
2. Undertaking activities or operating, collecting or transporting equipment in
violation of sanitation operation and other requirements or permits set forth in or estab-
lished pursuant to this Act;
3. The open burning of solid waste;
4. Causing or permitting the collection of non-segregated or unsorted waste;
5. Squatting in open dumps and landfills;
6. Open dumping, burying of biodegradable or non-biodegradable materials in
flood-prone areas;
828
7. Unauthorized removal of recyclable material intended for collection by author-

ized persons;
8. The mixing of source-separated recyclable material with other solid waste in
any vehicle, box, container or receptacle used in solid waste collection or disposal;
9. Establishment or operation of open dumps as enjoined in this Act, or closure of
said dumps in violation of Sec. 37;
10. The manufacture, distribution or use of non-environmentally acceptable pack-
aging materials;
11. Importation of consumer products packaged in non-environmentally acceptable
materials;
12. Importation of toxic wastes misrepresented as “recyclable” or “with recyclable
content”;
13. Transport and dumping in bulk of collected domestic, industrial, commercial
and institutional wastes in areas other than centers or facilities prescribed under this
Act;
14. Site preparation, construction, expansion or operation of waste management
facilities without an Environmental Compliance Certificate required pursuant to Presi-
dential Decree No. 1586 and this Act and not conforming with the land use plan of the
LGU;
15. The construction of any establishment within two hundred (200) meters from
open dumps or controlled dumps, or sanitary landfills; and
16. The construction or operation of landfills or any waste disposal facility on any
aquifer, groundwater reservoir or watershed area and or any portions thereof.
SEC. 49. Fines and Penalties —
a. Any person who violates Sec. 48, paragraph (1) shall, upon conviction, be pun-
ished with a fine of not less than Three hundred pesos (P300.00) but not more than One
thousand pesos (P1,000.00) or render community service for not less than one (1) day to
not more than fifteen (15) days to an LGU where such prohibited acts are committed, or
both;
b. Any person who violates Sec. 48, pars. (2) and (3), shall, upon conviction, be
punished with a fine of not less than Three hundred pesos (P300.00) but not more than
One thousand pesos (P1,000.00) or imprisonment of not less than one (1) day to not
more than fifteen (15) days, or both;
c. Any person who violates Sec. 48, pars. (4), (5), (6), and (7) shall, upon convic-
tion, be punished with a fine of not less than One thousand pesos (P1,000.00) but not
more than Three thousand pesos (P3,000.00) or imprisonment of not less than fifteen
(15) days but not more than six (6) months, or both;
829
HUMAN HABITAT
d. Any person who violates Sec. 48, pars. (8), (9), (10) and (11) for the first time
shall, upon conviction, pay a fine of Five hundred thousand pesos (P500,000.00) plus an
amount not less than five percent (5%) but not more than ten percent (10%) of his net
annual income during the previous year.
The additional penalty of imprisonment of a minimum period of one (1) year, but
not to exceed three (3) years at the discretion of the court, shall be imposed for second or
subsequent violations of Sec. 48, paragraphs (9) and (10).
e. Any person who violates Sec. 48, pars. (12) and (13), shall, upon conviction, be
punished with a fine of not less than Ten thousand pesos (P10,000.00) but not more
than Two hundred thousand pesos (P200,000.00) or imprisonment of not less than
thirty (30) days but not more than three (3) years, or both;
f. Any person who violates Sec. 48, pars. (14), (15) and (16) shall, upon convic-
tion, be punished with a fine not less than One hundred thousand pesos (P100,000.00)
but not more than One million pesos (P1,000,000.00), or imprisonment of not less than
one (1) year but not more than six (6) years, or both.
If the offense is committed by a corporation, partnership, or other juridical entity
duly organized in accordance with law, the chief executive officer, president, general
manager, managing partner or such other officer-in-charge shall be liable for the com-
mission of the offense penalized under this Act.
If the offender is an alien, he shall, after service of the sentence prescribed above,
be deported without further administrative proceedings.
The fines herein prescribed shall be increased by at least ten percent (10%) every
such fines.
SEC. 50. Administrative Sanctions.—Local government officials and officials of
government agencies concerned who fail to comply with and enforce rules and regula-
tions promulgated relative to this act shall be charged administratively in accordance
with R. A. 7160 and other existing laws, rules and regulations.
Chapter VII
SEC. 51. Mandatory Public Hearings.—Mandatory public hearings for the na-
tional framework and local government solid waste management plans shall be under-
taken by the Commission and the respective Boards in accordance with the process to
be formulated in the implementing rules and regulations.
830
SEC. 52. Citizen Suits.—For purposes of enforcing the provisions of this Act or
its implementing rules and regulations, any citizen may file an appropriate civil, crimi-
nal or administrative action in the proper courts/bodies against:
a. Any person who violates or fails to comply with the provisions of this Act or its
implementing rules and regulations; or
b. The Department or other implementing agencies with respect to orders, rules
and regulations issued inconsistent with this Act; and/or
831
HUMAN HABITAT
c. Any public officer who willfully or grossly neglects the performance of an act
specifically enjoined as a duty by this Act or its implementing rules and regulations; or
abuses his authority in the performance of his duty; or, in any manner, improperly
performs his duties under this Act or its implementing rules and regulations;
Provided, however, That no suit can be filed until after thirty-day (30) notice has
been given to the public officer and the alleged violator concerned and no appropriate
action has been taken thereon.
The Court shall exempt such action from the payment of filing fees and shall,
likewise, upon prima facie showing of the non-enforcement or violation complained of,
exempt the plaintiff from the filing of an injunction bond for the issuance of a prelimi-
nary injunction.
In the event that the citizen should prevail, the Court shall award reasonable at-
torney’s fees, moral damages and litigation costs as appropriate.
SEC. 53. Suits and Strategic Legal Action Against Public Participation (SLAPP)
and the Enforcement of this Act.—Where a suit is brought against a person who filed an
action as provided in Sec. 52 of this Act, or against any person, institution or govern-
ment agency that implements this Act, it shall be the duty of the investigating prosecu-
tor or the Court, as the case may be, to immediately make a determination not exceed-
ing thirty (30) days whether said legal action has been filed to harass, vex, exert undue
pressure or stifle such legal recourses of the person complaining of or enforcing the
provisions of this act. Upon determination thereof, evidence warranting the same, the
Court shall dismiss the case and award attorney’s fees and double damages.
This provision shall also apply and benefit public officers who are sued for acts
committed in their official capacity, there being no grave abuse of authority, and done
in the course of enforcing this Act.
SEC. 54. Research on Solid Waste Management.—The Department, after consul-
tations with the cooperating agencies, shall encourage, cooperate with, and render fi-
nancial and other assistance to appropriate government agencies and private agencies,
institutions and individuals in the conduct and promotion of researches, experiments,
and other studies on solid waste management, particularly those relating to:
a. adverse health effects of the release into the environment of materials present
in solid wastes, and methods to eliminate said effects;
b. the operation and financing of solid waste disposal programs;
c. the planning, implementation and operation of resource recovery and resource
conservation systems;
d. the production of usable forms of recovered resources, including fuel from solid
waste;
832
e. the development and application of new and improved methods of collecting

and disposing of solid waste and processing and recovering materials and energy from
solid waste;
f. improvements in land disposal practices for solid waste (including sludge); and
g. development of new uses of recovered resources and identification of existing
or potential markets of recovered resources.
In carrying out solid waste researches and studies, the Secretary of the Depart-
ment or the authorized representative may make grants or enter into contracts with
government agencies, non-government organizations and private persons.
SEC. 55. Public Education and Information.—The Commission shall, in coordi-
nation 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 recov-
ery, recycling, segregation at source, re-use, reduction and composting of solid waste;
and
c. Encourage the general public, accredited NGOs and people’s organizations to
publicly endorse and patronize environmentally acceptable products and packaging
materials.
SEC. 56. Environmental Education in the Formal and Non-formal Sectors.—The
national government, through the DECS and in coordination with concerned govern-
ment agencies, NGOs and private institutions, shall strengthen the integration of envi-
ronmental concerns in school curricula at all levels, with particular emphasis on the
theory and practice of waste management principles like waste minimization, specifi-
cally resource conservation and recovery, segregation at source, reduction, recycling, re-
use and composting, in order to promote environmental awareness and action among
the citizenry.
SEC. 57. Business and Industry Role.—The Commission shall encourage com-
mercial and industrial establishments, through appropriate incentives other than tax
incentives, to initiate, participate and invest in integrated ecological solid waste man-
agement projects, to manufacture environment-friendly products, to introduce, develop
and adopt innovative processes that shall recycle and re-use materials, conserve raw
materials and energy, reduce waste, and prevent pollution, and to undertake commu-
nity activities to promote and propagate effective solid waste management practices.
SEC. 58. Appropriations.—For the initial operating expenses of the Commission
and the National Ecology Center as well as the expenses of the local government units
to carry out the mandate of this Act, the amount of Twenty million pesos
833
HUMAN HABITAT
(P20,000,000.00) is hereby appropriated from the Organizational Adjustment Fund on

the year this Act is approved. Thereafter, it shall submit to the Department of Budget
and Management its proposed budget for inclusion in the General Appropriations Act.
SEC. 59. Implementing Rules and Regulations (IRR).—The Department, in co-
ordination with the Committees on Environment and Ecology of the Senate and House
of Representatives, respectively, the representatives of the Leagues of Provinces, Cities,
Municipalities and Barangay Councils, the MMDA and other concerned agencies, shall
promulgate the implementing rules and regulations of this Act, within one (1) year after
its enactment: Provided, That rules and regulations issued by other government agen-
cies and instrumentalities for the prevention and/or abatement of the solid waste man-
agement problem not inconsistent with this Act shall supplement the rules and regula-
tions issued by the Department, pursuant to the provisions of this Act.
The draft of the IRR shall be published and be the subject of public consultations
with affected sectors. It shall be submitted to the Committees on Environment and
Ecology of the Senate and House of Representatives, respectively, for review before
approval by the Secretary.
Joint Congressional Oversight Committee to monitor the implementation of the Act and
to oversee the functions of the Commission. The Committee shall be composed of five (5)
Senators and five (5) Representatives to be appointed by the Senate President and the
Speaker of the House of Representatives, respectively. The Oversight Committee shall
be co-chaired by a Senator and a Representative designated by the Senate President
and the Speaker of the House of Representatives, respectively.
SEC. 61. Abolition of the Presidential Task Force on Waste Management and the
Project Management Office on Solid Waste Management.—The Presidential Task Force
on Waste Management which was created by virtue of Memorandum Circular No. 39
dated November 2, 1987, as amended by memorandum Circular No. 39A and 88 is
hereby abolished. Further, pursuant to Administrative Order No. 90 dated October 19,
1992, the Project Management Office on Solid Waste Management is likewise hereby
abolished. Consequently, their powers and functions shall be absorbed by the Commis-
sion pursuant to the provisions of this Act.
SEC. 62. Transitory Provision.—Pending the establishment of the framework
under Sec. 15 hereof, plans under Sec. 16 and promulgation of the IRR under Sec. 59 of
this Act, existing laws, regulations, programs and projects on solid waste management
shall be enforced. Provided, That for specific undertaking, the same may be revised in
the interim in accordance with the intentions of this Act.
SEC. 63. Report to Congress.—The Commission shall report to Congress, not
later than March 30 of every year following the approval of this Act, giving a detailed
account of its accomplishments and progress on solid waste management during the
year and make the necessary recommendations in areas where there is need for legisla-
tive action.
834
SEC. 64. Separability Clause.—If any provision of this Act or the application of
such provision to any person or circumstances is declared unconstitutional, the remain-
der of the Act or the application of such provision to other persons or circumstances
shall not be affected by such declaration.
SEC. 65. Repealing Clause.—All laws, decrees, issuances, rules and regulations,
or parts thereof inconsistent with the provisions of this Act are hereby repealed or modi-
*
fied accordingly.
cation in at least two (2) newspapers of general circulation.
Approved, January 26, 2001.
Nature is the most thrifty thing in the world.

She never wastes anything. She undergoes
change, But there is no annihilation – The essence
remains, Matter is eternal.
— Binney
_______________________
*
R.A. 9003 amends P.D. 825, the Presidential Decree passed by then President Marcos on
the improper disposal of garbage. Note, however, that Sec. 3 of said law remains in full force and
effect.
835
HUMAN HABITAT
The Ecological Solid Waste Management Act of 2001

1
R.A. 9003 Compliance Matrix
Prohibited Acts Penalty Grading Remarks

1. Littering, throwing, dumping Fine of not less than P300.00 but
of waste matters in public not more than P1,000.00 or render
places such as roads, side- community service for not less than
walks, canals esteros, or parks, one day to not more than 15 days to
and establishment or causing an LGU where such a prohibited
or permitting the same. act is committed, or both.
2. Undertaking activities or Fine of not less P300.00 but not

operating, collecting or trans- more than P1,000.00 or imprison-
porting equipment in violation ment of not less than one day to not
of sanitation operation and more than 15 days or both.
other requirements or permits
set forth in or established
pursuant to this act.
3. Open burning of solid waste.
4. Causing or permitting the Fine of not less than P1,000.00 but

collection of non-segregated or not more than P3,000.00 or impris-
unsorted waste. onment of not less than 15 days,
but not more than six months, or
both.
5. Squatting in open dumps
and landfills.
6. Open dumping, burying of
biodegradable materials in
flood-prone areas.
7. Unauthorized removal of
recyclable material intended
for collection by authorized
persons.
8. The mixing of source- Fine of P500,000.00 plus an

separated recyclable material amount not less than 5% but not
with other solid waste in any more than 10% of his net annual
vehicle, box, container or recep- income during the previous year.
tacle used in solid waste collec- Additional penalty of imprisonment
tion or disposal. of a minimum period of one year,
but not to exceed three years at the
discretion of the court, shall be
_______________________
1
The Ecological Solid Waste Management Act Compliance Matrix
Prepared by the Integrated Bar of the Philippines-National Environmental Action Team
836
THE ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2001
imposed for second or subsequent

violations of no. 9 and 10.
9. Establishment or operation
of open dumps as enjoined in
this Act, or closure of said
dumps in violation of Sec. 37.
10. The manufacture, distribu-
tion or use of non-
environmentally acceptable
packaging materials.
11. Importation of consumer
products packaged in non-
environmentally acceptable
materials.
12. Importation of toxic wastes Fine of not than P10,000.00 but not
misrepresented as “recyclable” more than P200,000.00 or impris-
or “ with recyclable content.” onment of not less than 30 days but
not more than three years, or both.
13. Transport and dumping in
bulk of collected domestic,
industrial, commercial and
institutional wastes in other
areas other than centers or
facilities prescribed under this
Act.
14. Site preparation, construc- Fine of not less than P100,000.00

tion, expansion or operation of but not more than P1,000,000.00 or
waste management facilities imprisonment of not less than one
without an Environmental year but not more than six years,
Compliance Certificate re- or both.
quired pursuant to Presidential
Decree No. 1586 and this Act
and not conforming with the
land use plan of the LGU.
15. The construction of any
establishment within two
hundred (200) meters from
open dumps or controlled
dumps, or sanitary landfills.
16. The construction or opera-
tion of landfills or any waste
disposal facility on any aquifer,
groundwater reservoir or wa-
tershed area and or any por-
tions thereof.
837
HUMAN HABITAT
NB:
Section 37. Prohibi-
tion Against the Use of
Open Dumps for Solid
Waste—No open dumps
shall be established or op-
erated, nor any practice or
disposal of solid waste by
any person, including
LGUs, which constitutes
the use of open dumps for
solid waste, be allowed after
the effectivity of this Act:
Provided, That within three
(3) years after the ef-
fectivity of this Act, every
LGU shall convert its
dumps into controlled
dumps in accordance with
the guidelines set in Sec. 41
of this Act; Provided, fur-
ther, that no controlled
dumps shall be allowed five
(5) years following the ef- Work for a better world, for our children.
fectivity of this Act. (G. Tapan)
Section 50.
Administrative Sanctions—Local government officials and officials of govern-
ment agencies concerned who fail to comply with and enforce rules and regula-
tions promulgated relative to this Act shall be charged administratively in ac-
cordance with R.A. 7160 and other existing laws, rules and regulations.
*Highest Grade = 100%
A Sanitary Landfill Cannot Be Placed in A Watershed;

Environmental Powers of Local Governments
Facts: In 1988, the secretaries of DPWH and DENR and the MMC entered into
an MOA providing for the MMC's use of part of the Marikina Watershed Reservation
Area in San Mateo, Rizal as a sanitary landfill site. The DENR later granted the MMA
(formerly MMC) an ECC, which was suspended after a few months due to ground
slumping and erosion that had resulted from improper development of the site. Despite
various objects and recommendations later raised by DENR Secretary Alcala, the
838
THE ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2001
Chairman of PMBC and Sangguniang Bayan of San Mateo, the Office of the President
signed and issued Proclamation No. 635 which set aside parts of the Marikina Water-
shed Reservation to be used as a sanitary landfill and waste disposal.
In 1999, the people of Antipolo staged a rally and barricaded the Marcos Highway
to stop dump trucks from reaching the dumpsite, which resulted in the agreement of
MMDA officials to abandon the dumpsite after 6 months, in return for which the mu-
nicipal mayors of Rizal agreed to the use of the dumpsite until such period, which,
through an MOA, was later extended until the end of 2000. In January 2001, President
Estrada directed the reopening of the dumpsite in view of an “emergency situation,”
which was restrained by a TRO from the SC. Meanwhile RA 9003, "The Ecological Solid
Waste Management Act of 2000," was signed into law.
Issue: Whether or not the Province of Rizal and municipality of San Mateo had
the power to control or regulate the use of the Marikina Watershed (and San Mateo
Site), it being a part of public domain and belonging to the national government?
Held: The San Mateo Landfill should remain permanently closed. The dumpsite
had adverse effects on the water supply of the area. The SC reiterated the value of wa-
ter and the importance of watershed areas. Just before Proclamation No. 635 was
passed, the Congress had enacted the National Water Crisis Act, seeking the protection
and conservation of watersheds.
The Administrative Code of 1987 and EO No. 192 entrust the DENR with the
guardianship and safekeeping of the Marikina Watershed Reservation, but its power is
not absolute, but defined by the policies of the state and subject to law and higher au-
thority. The Local Government Code gives to LGUs all the necessary powers to promote
the general welfare of their inhabitants. The municipal mayors acted within the scope
of their powers and were in fact fulfilling their mandate, when they openly declared
their full support for the rally and notified the MMDA that they would oppose any fur-
ther attempt to dump garbage in their province.
Under the LGC, two requisites must be met before a national project that affects
the environmental and ecological balance of local communities can be implemented:
prior consultation with the affected local communities and prior approval of the project
by the appropriate sanggunian.
Province of Rizal, et al., Executive Secretary, et al.

G.R. No. 129546, December 15, 2005
839
HUMAN HABITAT
Sanitation Code (Presidential Decree No. 856)
Whereas, the health of the people, being of paramount importance, all efforts of
public services should be directed towards the protection and promotion of health; and
Whereas, with the advance in the field of sanitation in recent years, there arises
the need for updating and codifying our scattered sanitary laws to ensure that they are
in keeping with modern standards of sanitation and provide a handy reference and
guide for their enforcement;
the powers vested in me by the Constitution, do hereby order and decree the following
Code on Sanitation:
Code on Sanitation of the Philippines
Chapter I
General Provisions
SECTION 1. Title.—The title of this Code is “Code on Sanitation of the Philip-

pines.”
SEC. 2. Definition of Terms.—Whenever any of the following words or terms is
used herein or in any rule or regulation issued under this Code, it shall have the mean-
ing given it in this section, as follows:
a. Code—Code on Sanitation of the Philippines
b. Department—the Department of Health
c. Secretary—the Secretary of Health
d. Regional Director—an official who heads a regional health office
e. Local Health Authority—an official or employee responsible for the application
of a prescribed health measure in a local political subdivision
f. Health Officer—provincial, city, or municipal health officer
g. Engineer—a sanitary engineer
h. Section—any section of this Code unless the term refers to other statutes
which are specifically mentioned
SEC. 3. Functions of the Department of Health.—The Department shall have the
following powers and functions:
a. Undertake the promotion and preservation of the health of the people and
raise the health standards of individuals and communities throughout the Philippines;
b. Extend maximum health services to the people in rural areas and provide
medical care to those who cannot afford it by reason of poverty;
840
SANITATION CODE
c. Develop, administer and coordinate various health activities and services

which shall include public health, preventive, curative and rehabilitative programs,
medical care, health and medical education services;
d. Upgrade the standards of medical practice, the quality of health services and
programs to assure the people of better health services;
e. Assist local health agencies in developing public health programs including
medical care, and promote medical and public health research;
f. Issue permits to es-
tablish and operate govern-
ment and private hospitals,
clinics, dispensaries, schools of
nursing, midwifery, and other
para-medical courses, puericul-
ture centers, clinical laborato-
ries and blood banks;
g. Prescribe standard
rates of fees for health, medi-
cal, laboratory, and other pub-
lic health services; and
h. Perform such other
functions as may be provided
by law.
Secretary.—In addition to the
powers and authority of the
Secretary which are provided
by law, he is likewise empow-
ered to promulgate rules and
regulations for the proper
implementation and enforce-
ment of the provisions of this “Until man duplicates a blade of grass, nature can
Code. laugh at his so-called scientific knowledge.”— Thomas
Edison
(A. Oposa)
Bureau of Directors.—The
bureau directors shall be responsible for staff activities involving the development of
plans, programs, operating standards and management techniques in their respective
field of assignment.
SEC. 6. Authority of the Regional Directors.—The regional directors shall ad-
minister health functions in their regions, implement policies, standards and programs
841
HUMAN HABITAT
involving health services; and enforce the provisions of this Code and the rules and
regulations promulgated by the Secretary under this Code.
SEC. 7. Authority of the Health Officers.—The health officers shall administer
health functions in areas under their jurisdiction and enforce the provisions of this
Code and the rules and regulations promulgated by the Secretary under this Code.
SEC. 8. Miscellaneous Provisions.—
a. International treaties, agreements and conventions—The Republic of the Phil-
ippines recognizes international treaties, agreements and conventions on public health.
Their provisions may be considered part of this Code provided they do not contravene
the Constitution, existing laws or any provision of this Code.
b. Rights and proceedings—Any proceeding which has commenced or any right
which has accrued upon the effectivity of this Code shall not be affected by any of its
provisions. However, matters of procedure and rights arising after the date of effectivity
of this Code shall conform to the provisions hereof.
c. Delegation of power and assignment of duty—Whenever a power is granted or
a duty is assigned to any public health officer in this Code, the power may be exercised
by a deputy or agent of the official pursuant to law, unless it is expressly provided oth-
erwise in this Code.
d. Language required—Any notice, report, statement or record required or au-
thorized by this Code, shall be written in English or Pilipino.
e. Mailing of notices—Unless otherwise expressly provided, any notice required
to be sent to any person by any provision of this Code, shall be sent through the postal
service. The affidavit of the official or employee who mailed the notice is prima facie
evidence that the notice was sent as prescribed herein.
f. Condemnation and seizure of property—When any property is officially con-
demned or seized by government authorities in the interest of public health, the owner
thereof shall not be entitled to compensation.
g. Command responsibility—When a duty is expressly vested in a health officer
as provided in this Code, it shall be understood that it shall likewise be the concern of
the superiors of the health office under the principle of command responsibility.
Chapter II
Water Supply
SEC. 9. Prescribed Standards and Procedures.—Standards for drinking water

and their bacteriological and chemical examinations, together with the evaluation of
results, shall conform to the criteria set by the National Drinking Water Standards. The
treatment of water to render it safe for drinking, and the disinfection of contaminated
water sources together with their distribution systems shall be in accordance with pro-
cedures prescribed by the Department.
842
SANITATION CODE
SEC. 10. Jurisdiction of the Department.—The approval of the Secretary or that

of his duly authorized representative is required in the following cases:
a. Sites of water sources before their construction;
b. Delivery of water to consumers from new or recently repaired water systems;
c. Operation of a water system after an order of closure was issued by the De-
partment;
d. Plans and specifications of water systems of subdivisions and projects prior to
the construction of housing units thereat; and
e. Certification of potability of drinking water.
SEC. 11. Types of Water Examinations Required
The following examinations are required for drinking water:
a. Initial examination—The physical, chemical and bacteriological examinations
of water from newly constructed systems or sources are required before they are oper-
ated and opened for public use. Examination of water for possible radioactive contami-
nation should also be done initially.
b. Periodic examination—Water from existing sources is subject to bacteriological
examination as often as possible but the interval shall not be longer than six months,
while general systematic chemical examination shall be conducted every 12 months or
oftener. Examination of water sources shall be conducted yearly for possible radioactive
contamination.
SEC. 12. Examining Laboratories and Submission of Water Samples.—The ex-
amination of drinking water shall be performed only in private or government laborato-
ries duly accredited by the Department. It is the responsibility of operators of water
systems to submit to accredited laboratories water samples for examination in a man-
ner and at such intervals prescribed by the Department.
SEC. 13. Other Protective Measures.—To protect drinking water from contami-
nation, the following measures shall be observed:
a. Washing clothes or bathing within a radius of 25 meters from any well or other
source of drinking water is prohibited.
b. No artesians, deep or shallow well shall be constructed within 25 meters from
any source of pollution.
c. No radioactive sources or materials shall be stored within a radius of 25 me-
ters from any well or source of drinking water unless the radioactive source is ade-
quately and safely enclosed by proper shielding.
d. No person charged with the management of a public water supply system shall
permit any physical connection between its distribution system and that of any other
water supply, unless the latter is regularly examined as to its quality by those in charge
of the public supply to which the connection is made and found to be safe and potable.
843
HUMAN HABITAT
e. The installation of booster pump to boost water direct from the water distribu-
tion line of a water supply system, where low-water pressure prevails is prohibited.
Chapter III
Food Establishment
SEC. 14. Sanitary Permit

a. No person or entity shall operate a food establishment for public patronage
without securing a permit from the local health office. The term “food establishment” as
used in this chapter means an establishment where food or drinks are manufactured,
processed, stored, sold or served.
b. Every sanitary permit shall be posted in a conspicuous place of the establish-
ment.
c. Fees—The fees payable on application for permits and upon the issuance, re-
newal and noting of such certificates shall be in such amounts as the City or Municipal
Authority may by resolution impose.
d. Noting of Permit—Within 14 days after any change in the ownership or occu-
pancy of any establishment, the new occupant shall apply to the City or Municipal
Health Officer to have such change noted in the records and on the permit certificate
which he shall produce for the purpose and shall pay the corresponding fee in respect of
such noting.
e. Record of Permit Certificates—
1. Every city or municipality shall keep a record of all establishments in re-
spect of which permits have been issued and of all permit certificates and renewals
thereof.
The record shall in every case show the following:
(i) The name and address of the holder of the permit who in every
case shall be the actual occupier of the establishment;
(ii) The location of the establishment;
(iii) The purpose or purposes for which the permit has been issued;
(iv) The date the first permit was issued and the dates of any renewal
thereof;
(v) Every change of occupation and management of the establishment
since the first permit was issued; and
(vi) Conditions under which the permit was issued or any renewal
thereof granted.
2. The record shall be available at all reasonable times for inspection by any
officer of the Department of Health.
844
SANITATION CODE
SEC. 15. Health Certificates.—No person shall be employed in any food estab-
lishment without a Health Certificate issued by the local health authority. This certifi-
cate shall be issued only after the required physical and medical examinations are per-
formed and immunizations are administered at prescribed intervals.
SEC. 16. Quality and Protection of Food.—All food must be obtained from
sources approved by the local health authority. In this regard, the following require-
ments are applicable:
a. Meats, meat products and fish shall be procured from sources under sanitary
or veterinary supervision.
b. All meat and fish shall be properly cooked before serving.
c. No meat products, fish, vegetables and other food sources shall be procured
from sources or areas known to have been affected by radioactivity as for example, ar-
eas contaminated with a very large amount of radioactive fallout.
d. Milk and fluid milk products shall be obtained from sources approved by the
local health authority. Milk obtained from other sources must be sterilized, pasteurized
or otherwise heated.
e. Milk shall be stored in a refrigerator. Canned or packaged milk, other than dry
milk powders, shall be refrigerated after the container has been opened.
f. All perishable and potentially hazardous foods shall be stored at 45ºF (7ºC) or
below.
Cooked food intended to be served hot shall be kept at a temperature not lower
than 140ºF (60ºC).
Raw fruits and vegetables shall be thoroughly washed before they are used.
SEC. 17. Structural Requirements.—Food establishments shall be constructed in
accordance with the following requirements:
1. No person shall use any room or place for or in connection with the
preparation, storage, handling or sale of any article of food
a. Which is at anytime used or in direct communication with a sleeping apart-
ment or toilet;
b. In which any animal is kept; or
c. Which is or has been used for any purpose which would be likely to contami-
nate the food or to affect injuriously its wholesomeness or cleanliness; or
d. Which is not used exclusively for the purpose; Provided, That in department
stores or multi-purpose business establishments, food may be manufactured, prepared,
cooked, stored, or sold only in the area set aside exclusively for said purpose and for
which a sanitary permit has been issued.
845
HUMAN HABITAT
2. No sanitary permit shall be issued for any premises to be used for the
preparation, handling and sale of food unless it is constructed in accordance with
the following requirements:
a. Floors
1. The Floors shall be constructed of concrete or other impervious and easily
cleaned material that is resistant to wear and corrosion and shall be adequately
graded and drained; all angles between the floors and walls shall be rounded off to
a height of not less than 3 inches (7.62 cm.) from the floor; or
2. They shall be constructed of wood with dovetailed or tongue and grooved
floor boards laid on a firm foundation and tightly clamped together with all angles
between the floor and walls rounded off to a height of 3 inches (7.62 cm.); or
3. They shall be constructed in accordance with the requirements of sub-
clause (1) and (2) of this clause and covered with linoleum, smooth surfaced rubber
or similar material fixed to the floor with cement or suitable adhesive: Provided,
That with the approval in writing of the local authority, floors may be covered with
carpets or other floor covering in those parts of the premises where such carpets or
coverings can be satisfactorily cleaned and maintained.
b. Walls
1. The internal surface of walls shall have a smooth, even non-absorbent
surface capable of being readily cleaned without damage to the surface and con-
structed of dust-proof materials.
2. The walls, where subject to wetting or splashing, shall be constructed of
impervious, non-absorbent materials to a height of not less than 79 inches (two
meters) from the floor.
3. The internal walls shall be painted in light colors or treated with such
other wall finish as the health authority may prescribe.
c. Ceilings
1. All ceilings or, if no ceiling is provided, the entire under-surface of the
roof, shall be dust-proof and washable.
2. The ceiling or undersurface of the roof of rooms in which food is prepared
or packed or in which utensils or hands are washed shall be smooth, non-
absorbent and light colored.
d. Lighting
1. The general standards of illumination provided shall permit effective in-
spection and cleaning and shall be of sufficient intensity appropriate to the pur-
pose for which any room or place is used.
2. In rooms where food is prepared or packed or in which utensils or hands
are washed there shall be a minimum illumination intensity of 20-foot candles; in
846
SANITATION CODE
premises where food is consumed, there shall be a minimum illumination intensity

of 5-foot candles. Intensities of illumination shall be measured at a point 30 inches
(76.20 cm.) above the floor.
3. All lighting shall be reasonably free from glare and distributed so as to
avoid shadows.
4. At other areas or working surfaces, the illumination shall be of such in-
tensity as may be required by the health authority.
e. Ventilation
1. Ventilation shall be provided which shall be effective and suitable to
maintain comfortable condition.
2. The ventilation shall be adequate to prevent the air from becoming exces-
sively heated, prevent condensation and the formation of excess moisture on walls,
ceilings and for the removal of objectionable odors, fumes and impurities.
3. In the absence of effective natural ventilation, mechanical ventilation
with airflow from a clean area and discharging in such a manner as not to create a
nuisance, shall be provided.
4. Canopies, air ducts, fans or other appliances shall be provided as re-
quired by the health authority in particular circumstances.
5. Effective provision shall be made for securing and maintaining a reason-
able temperature.
f. Overcrowding—There shall be sufficient floor space to enable every person
working thereon to carry out his duties efficiently and to permit easy access for clean-
ing. Working spaces, aisles or passageways and areas to which customers have access
shall be unobstructed and sufficient to permit movement of employees and customers
without contamination of food by clothing or personal contact.
g. Changerooms—There shall be provided adequate and suitable lockers or other
facilities for the orderly storage of clothing and personal belongings of employees or
persons engaged or employed in the premises. Such facilities shall be so situated and
arranged such that there is no contamination of food by contact with clothing, and
where the number of persons engaged or employed is four or more of either sex, there
shall be provided separate changing rooms for each sex.
h. Wash-hand basins
1. Wash-hand basins shall be installed in convenient places and as near as
practicable to where the persons for whose use they are provided are working
while handling food for sale or in such locations as may be otherwise prescribed in
any particular case.
2. If required in writing by the local health authority an additional wash-
hand basin shall be installed as near as practicable to the toilet facilities: Pro-
vided, that the wash-hand basins specified in this Code need not be installed in
847
HUMAN HABITAT
premises where only food in sealed containers is sold: and, Provided, further, that
wash-hand basins specified in this regulation shall be installed under specifica-
2
tions of the National Plumbing Code of the Philippines.
i. Wash-hand basin maintenance
1. An adequate supply of soap, clean towels, roller towels presenting a clean
surface to each user from a continuous roller towel dispenser or other hand-drying
services approved by health authorities.
2. The wash-hand basin and all hand-washing facilities shall, at all times,
be maintained in good repair and in a clean condition.
All wash-hand basins shall, at all times, while the premises are being used, be
supplied with hot and cold or tempered running water at a minimum temperature of
100ºF (37.8ºC).
SEC. 18. Use of Food-Service Spaces
a. Food-service spaces shall not be used as living or sleeping quarters.
b. Clothing or personal effects shall be kept in lockers or in designated places
away from food-service spaces.
c. No animal or live fowl shall be allowed in such spaces.
d. Persons not directly connected with food preparation and serving shall not be
allowed to stay in food-serve spaces.
e. Foods in storage or in preparation must not be handled by anyone other than
the preparation and serving staff
SEC. 19. Food Handlers
a. No person shall be employed in any food establishment without a health cer-
tificate issued by the local health authority.
b. Food handlers shall at all times:
1. Wear clean working garments. The cook shall wear prescribed caps and
female employees, caps or hairnets.
2. Observe good personal hygiene.
3. Wash their hands thoroughly with soap and water and dry them with a
clean or disposable towel or a suitable hand-drying device immediately before
working, or after visiting the toilet.
SEC. 20. Vermin Control
Vermin—A group of insects or small animals such as flies, mosquitoes, cock-
roaches, fleas, lice, bedbugs, mice, and rats which are vectors of diseases.
_______________________
2
R.A. 1378, 18 June 1955, as amended by Resolution No. 04-99, 30 September 1999.
848
SANITATION CODE
a. Spaces where food and drinks are stored, prepared and served shall be so con-
structed and maintained as to exclude vermin.
b. All opening which connects spaces to the outer air shall be effectively protected
with screen of non-corrosive wire 16-mesh or finer. Door screens shall be tight-fitting.
c. A vermin abatement program shall be maintained in the establishments by
their owners, operators, or administrators. If they fail, neglect, or refuse to maintain a
vermin abatement program, the local health agency will undertake the work at their
expense.
d. During deratting or disinfecting operations, all foodstuffs, utensils, food prepa-
ration and cleaning equipment shall be covered to protect them from toxic chemical
substances.
e. Vermin control in public places shall be the responsibility of the provincial,
city or municipal governments which have jurisdiction over them.
f. The procedure and frequency of vermin abatement program shall be deter-
mined and approved by the local health authority.
SEC. 21. Toilet and Washing Facilities
a. Adequate and clean toilet facilities for male and female customers and person-
nel shall be provided in properly located areas.
b. Toilet rooms shall not open directly into spaces where food is prepared, stored
or served. Where such toilets exist, the doors shall be tight-fitting and self-closing.
c. Adequate hand-washing facilities shall be provided within or adjacent to toilet
room.
d. Facilities shall include hot and cold running water, single-service paper or
cloth towel dispenser or drying device and soap or detergent.
SEC. 22. Disposal of Refuse
a. Refuse cans may be used in food preparation areas for immediate use only.
b. Storage refuse cans, filled and empty, shall be in a designated space separate
from food-handling operations.
c. These cans shall be constructed and maintained as to be vermin-proof and eas-
ily cleaned.
d. Cans containing refuse shall be tightly covered at all times, except during ac-
tual use in food-handling areas.
e. Holding bins may likewise be used, provided they are constructed of impervi-
ous, readily-cleaned materials, and fitted with tight-fitting covers.
f. Where refuse cans are used, a space separated from the food-handling spaces
and adjacent to the refuse-can storage space shall be provided for cleaning them. This
849
HUMAN HABITAT
space shall be equipped with scrubbing-brushes, cleansing agents, steam or hot water
under pressure, and a hose fitted with adjustable nozzle.
SEC. 23. Equipment and Utensils
a. They shall be designed, fabricated and installed so that cleaning is easy and
they do not pose health hazards.
b. Lead-soldered containers and cadmium-lined piping and fixtures shall not be
used.
c. Surfaces that come into contact with food or drinks shall be constructed of ma-
terials that are impervious, corrosion-resistant, non-toxic, easily cleanable, durable and
resistant to chipping.
d. Sliding doors on cabinets shall be easily cleanable and removable. Runners
shall be allotted at the ends to permit removal of dust and debris. The bottom shelves of
open-based fixtures shall be removable to facilitate inspection, cleaning and mainte-
nance.
SEC. 24. Washing of Utensils
a. They shall be scraped and pre-rinsed to remove food articles.
b. They shall be thoroughly cleansed in warm water at 120ºF (49ºC) with soap or
detergent.
c. If running water is not used, the wash-water shall be changed frequently.
SEC. 25. Bactericidal Treatment
Eating and drinking utensils and equipment, after thoroughly cleaned, shall be
subjected to one of the following bactericidal treatments:
a. Immersion for at least half a minute in clean hot water at a temperature of at
least 170ºF (77ºC);
b. Immersion for at least one minute in a lukewarm chlorine solution 50 ppm;
c. Exposure in a steam cabinet at a temperature of at least 170ºF (77ºC) for at
least 15 minutes at a temperature of 200ºF (90ºC) for at least 5 minutes;
d. Exposure in an oven or hot-air cabinet at a temperature of at least 180ºF
(82ºC) for at least 20 minutes; or
e. Any other method approved by the local health authority.
SEC. 26. Handling of Washed Utensils
a. Washed utensils shall be allowed to drain dry in wire racks without use of dry-
ing cloths, or shall be stored in a self-draining position to permit ready air-drying.
b. The drying cloth on which to store dishes and utensils temporarily after bacte-
ricidal treatment should be clean and changed frequently.
SEC. 27. Storage of Washed Utensils
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a. They shall be stored in a clean and dry place adequately protected against
vermin and other sources of contamination.
b. Cups, bowls, and glasses, shall be inverted for storage.
c. When not stored in closed cupboards or lockers, utensils and containers shall
be covered or inverted whenever practicable. Utensils shall not be stored on the bottom
shelves of open cabinets below the working top level.
d. Racks, trays and shelves shall be made of materials that are impervious, cor-
rosion-resistant, non-toxic, smooth, durable and resistant to chipping.
e. Drawers shall be made of the same materials and kept clean. Felt-line drawers
are not acceptable, but the use of clean and removable towels for lining drawers is ac-
ceptable.
SEC. 28. Dry Storage of Non-Perishable Foods.—Non-perishable foods shall be
stored in the following manner:
a. Designated spaces, lockers, cupboards, racks, shelves and containers shall be
used for storage.
b. All spaces, lockers and cupboards shall be constructed of materials of the same
quality as used for food preparation and food-serving operations. Containers shall be
made of metal fitted with tight covers.
c. The recommended temperature range for dry stores is 50–60ºF (10–15ºC) ex-
cept where dry foods for immediate use are stored in the preparation and servicing
spaces.
SEC. 29. Refrigerated Storage of Perishable Foods.—Perishable foods shall be
stored in the following manner:
a. They shall be kept at or below 45ºF (7ºC) except during preparation or when
held for immediate serving after preparation.
b. When such foods are to be stored for extended periods, a temperature of 40ºF
(4ºC) is recommended.
c. Fruits and vegetables shall be stored in cool rooms.
d. Recommended temperatures for perishable food storage are:
1. Frozen foods; not more than 10ºF (2ºC)
2. Meat and fish: 32–38ºF (0–3ºC)
3. Milk and milk products: 40–45ºF (5–7ºC)
4. Fruits and vegetables: 44–0ºF (7–10ºC)
e. All refrigerating compartments and refrigerators must be kept clean, in good
repair and free from odours. They shall be provided with thermometers with scale divi-
sions not larger than 2ºF (1ºC). Sufficient shelving shall be provided to prevent stocking
and to permit adequate ventilation and cleaning.
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HUMAN HABITAT
SEC. 30. Food Servicing Operations.—These operations should be in accordance

with the following requirements:
a. Hand contacts with food or drink shall be avoided; fingers shall not be used to
serve butter, ice, or similar items of food. Sugar shall be served in covered dispensers or
containers, or in packages wrapped for single service.
b. The surfaces of containers and utensils, including glasses and tablewares,
which come in contact with food and drink shall not be handled.
c. Disposable cups, plates, spoons and other single-service containers and uten-
sils shall be purchased in sanitary cartons and stored in a clean, dry place until used.
These articles shall be so handled on removal from the carton that the hand does not
touch the surface which will be in contact with food or drink.
d. Clean cloths, napkins,
spoons, towels, and other cloth
equipment shall be stored in clean
places designated specifically for
them. Soiled linens, including to-
wels, aprons, and coats, shall be
stored in a closed bin or locker,
suitably marked.
e. Spoons, spatulas, dippers
and scoops used intermittently for
dispensing frozen desserts shall be
kept in running water or in water
maintained at 170ºF (77ºC) and
frequently changed, or they may
be washed and stored in a dry
place after each use. Constant-
temperature bottles and other “Where the quality of life goes down for the environ-
containers used for potable water ment, the quality of life goes down for humans.” —
and other beverages shall be kept George Holland
clean and given effective bacteri- (Digital Vision)
cidal treatment before and after
subsequent use.
SEC. 31. Evaluation of Food Establishment.—It shall be the duty of the provin-
cial, municipal or city health officer to cause an inspection and evaluation of every food
establishment requiring a permit for its operations, at least every six months and shall
cause as many additional inspections and re-inspections and evaluation to be made as
are necessary for the enforcement of the provision of this chapter.
During the inspection or evaluation carried out at least every six months, the in-
spector shall record his findings on an inspection form provided for the purpose and
shall furnish the original of such report to the holder of sanitary permit, the manager or
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occupier of the premises. Demerits entered in the appropriate column inspection forms
shall indicate that the item does not, in the opinion of the inspector, comply with the
requirements of this regulation. Within 48 hours of the inspection or evaluation, the ori-
ginal of the inspection report shall be furnished the holder of the permit certificate, the
manager or occupier of the food establishment. Whenever an inspection form issued
indicates non-compliance items relating to any particular type of premises, the inspec-
tor shall notify the holder of the sanitary permit, the manager or occupier of the correc-
tion to be made and indicate a reasonable period for its compliance. If upon reinspection
after the deadline the inspector finds the correction has not been effected he shall
forthwith report to the health officer and the health officer shall revoke the sanitary
permit. A copy of the inspection form and any notices served shall, in all cases, be filed
and kept by the local health authority and be available at all reasonable time for in-
spection by an officer of the Department of Health.
a. Service of notice—Whenever an inspection or evaluation report form indicates
non-complying items, the health officer of the province, municipality or city may cause
to be served on the holder of the permit, manager, or occupier a notice requiring him,
within the time stated in the notice, to take such remedial action as may be specified
therein. In the event within the time stated in the notice, hereinafter called the first
notice, the terms of the first notice are not complied with, the health officer may cause
to be served on the holder of the permit, the manager or occupier a second notice calling
on him to show cause, at a time and place stated in the notice, why the permit issued in
respect of the food establishment should not be revoked.
b. Revocation of permits—After prior notice and hearing as provided above, the
health officer, if satisfied that the terms of the two notices have not been complied with
or that the failure to comply therewith is not excusable, shall revoke the said permit.
c. Summary suspension of permits—Whenever the provincial, municipal, or city
health officer finds unsanitary or unhealthy conditions in the operation of a food estab-
lishment which in his judgment constitute a substantial hazard to the public health, the
health officer may order the immediate suspension of the permit. Any person to whom
such an order is issued, written petition shall be afforded a hearing as soon as possible.
d. Appeals—The person or panel conducting the hearing may confirm, modify or
reverse the decision appealed from, which decision shall be final.
e. Protection of food—Notwithstanding the other provisions of this regulation re-
lating to the issuance of permits, every person who is engaged in the sale of food or in
the manufacture, preparation, storage, packing or delivery of food for sale shall protect
such food from contamination.
f. Power of entry—Any sanitary inspector or duly authorized officer of the De-
partment of Health or of the provincial, municipal or city health officer, upon presenta-
tion of proper credentials may at all reasonable times enter any premises engaged in
the manufacture, preparation or packing of any article of food for sale or any premises
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HUMAN HABITAT
used for any of the purposes referred to in this Code for the purpose of inspection or any
other action necessary for administration of this Code.
SEC. 32. Special Provisions
a. Groceries or sari-sari stores
1. No grocery or sari-sari store shall be established within a distance of 25
meters from any source of contamination.
2. All foods which require no further cooking before they are eaten shall be
protected from contamination while in containers or showcases.
b. Bakeries
1. Delivery trucks and carts of bakery products shall always be kept clean
and sanitary.
c. Dairies
1. No dairy shall keep unhealthy or infected cows, carabaos or goats for the
production of milk, or feed them unwholesome food which produces impure or un-
wholesome milk.
2. No animals used for the production of milk shall be allowed to graze on
land which has been contaminated by radioactivity.
3. No dairy shall sell unwholesome milk that has not been previously pas-
teurized or otherwise sterilized.
d. Ice plants
1. Only potable water shall be used in the manufacture of ice.
2. In storing and transporting ice intended for public consumption, precau-
tionary measures shall be taken to protect the ice from sources of contamination.
e. Ambulant food vendors
1. These vendors shall sell only bottled food drinks, biscuits and confection-
aries.
2. It is prohibited for food vendors to sell food that requires the use of uten-
sils.
f. Oyster beds
1. Oysters shall be planted and grown only in areas approved by the Secre-
tary or his duly authorized representatives and in places duly licensed by the Bu-
reau of Fisheries and Aquatic Resources.
2. Oysters offered for sale, if not originating from approved areas, shall be
confiscated and destroyed by the local health authority.
g. Fish marketing areas
1. Only fresh and wholesome fish products shall be sold.
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SANITATION CODE
2. Fish caught in radioactive zones as well as in areas contaminated by toxic

substances or high in mercury count as determined by the health authorities shall
be condemned and not be allowed for public consumption.
3. The selling, distribution and buying of fish caught through the use of ex-
plosives and chemicals are prohibited.
SEC. 33. Responsibility of the Local Health Authority.—The local health author-
ity shall:
a. Make periodic inspections to enforce the maintenance of adequate sanitation
in food establishments and their premises;
b. Take samples of food and drink from any establishments or vendor as often as
necessary to determine if they are unwholesome, adulterated, or contaminated by ra-
dioactivity;
c. Prevent the sale or condemn and destroy food and drinks if these are found un-
fit for human consumption;
d. Seal and prohibit the use of devices, utensils, containers, vehicles, machines,
piping and appurtenances if in his opinion they are unsanitary; and
e. Enforce the provisions of this chapter and the rules and regulations promul-
gated by the Secretary.
Chapter IV
Markets and Abattoirs
SEC. 34. Prescribed Standards of Construction.—The construction of markets

and abattoirs shall conform to standards prescribed by the Department. These stan-
dards shall be set along the following guidelines:
a. Suitability of site insofar as elimination of nuisance condition and prevention
of contamination are concerned;
b. Availability of ample water supply for cleaning;
c. Accessibility of adequate drainage facilities;
d. Durability of construction to protect vendors and customers from any hazard
and exposure to the elements; and
e. Facilities for sanitation maintenance, such as cleaning and elimination of har-
borages of vermin.
SEC. 35. Responsibility of the Local Health Authority
a. On markets
1. Make periodic inspections to ascertain the maintenance of adequate sani-
tary conditions of markets and their premises;
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HUMAN HABITAT
2. Supervise and control the proper care and use of market stalls;
3. Prohibit the construction of living quarters within any market and its
premises;
4. Enforce the ban on construction of partitions, sheds or booths within the
market area.
b. On abattoirs
1. Supervise the maintenance of adequate sanitation in abattoirs and their
premises;
2. Enforce the requirements on the examination of meat as provided in ex-
isting laws;
3. Permit the slaughter of animals for public consumption in other desig-
nated areas in certain exigencies, provided public health is adequately protected;
4. Supervise the sanitary disposal of all abattoir wastes; and
5. Ensure that only healthy animals shall be slaughtered, and that the
method of slaughtering, the techniques of dressing and the storing, handling and
transporting procedures are in accordance with prescribed standards.
SEC. 36. Responsibility of Local Governments and Private Operators.—Local
governments and private operators in charge of public or private markets and abattoirs
shall employ an adequate number of personnel to ensure their efficient operation and
hygienic maintenance. These employees shall be under the direct supervision of the
local health authority.
Chapter V
Public Laundry
SEC. 37. Sanitary Permit.—No public laundry shall operate without a sanitary
permit from the Secretary or his duly authorized representative. As used in this chap-
ter, a public laundry is a laundry established and operated for commercial purposes,
open to the public, and not to an exclusive clientele.
SEC. 38. General Requirements.—The construction and operation of a public
laundry shall be governed by the following requirements:
a. Structural requirements
1. The site should be distant from sources of nuisance.
2. Only durable construction materials shall be used.
3. Smooth and water-tight materials shall be used for flooring.
4. All work rooms shall be properly ventilated and provided with 10-foot
candles for lighting.
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SANITATION CODE
5. Adequate drying facilities shall be provided and articles for drying pro-
tected from sources of contamination.
b. Sanitary requirements
1. Laundry supplies in both liquid and solid state shall be properly stored,
prepared and handled. Containers of chemicals shall be properly labeled.
2. Employees shall be provided with potable drinking water, toilets, bathing
and washing facilities.
3. Employees shall be provided with lockers for their working garments and
street clothes.
4. The plant and its premises and equipment shall be maintained clean and
sanitary at all times.
SEC. 39. Special Requirements.—The following requirements shall be enforced:
a. All articles to be laundered coming from hospitals and infected sources shall be
treated by exposure to a sufficient quantity of hot water detergents or by other effective
means of disinfection.
b. All linen, bed clothes, pajamas, towels, bedsheets, pillow cases, etc. that have
come in contact with any form of radioactivity should be isolated in a certain area and
monitored by Radiation Safety personnel before sending these articles for laundry. If
any amount of radioactive contamination is found, the affected article should be set
aside and the radioactivity allowed to completely decay before said article is sent for
laundry.
c. All articles for delivery to the laundry shall be kept in containers which shall
be kept closed until the articles are removed at the laundry.
d. Laundry vehicles shall be kept clean and sanitary at all times.
e. A separate room shall be used solely for receiving, sorting, marking, or han-
dling unwashed articles.
f. Diapers must be protected from pathogenic organisms and from chemical sub-
stances which are irritating to the skin of the infant. Laundered diapers for delivery
shall be packed in sealed sanitary containers.
Chapter VI
School Sanitation and Health Services
SEC. 40. Definition of Terms.—As used in this Chapter, the following terms
shall mean:
a. School—an institution of learning which may be public, private, or parochial.
b. Special school—a school which utilizes cadavers, plants, animals, bacterial and
viral cultures for studies and research.
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HUMAN HABITAT
c. Physical environment—the school plant, grounds, and facilities.

d. Emotional environment—factors which affect the emotional health of students
and members of the faculty.
SEC. 41. The Physical Environment.—In the design and construction of the
school plant, the following factors shall be considered:
a. Site—Traffic hazards are to be avoided but not to the point of sacrificing acces-
sibility to public transportation. It shall be distant from sources of nuisances.
b. Grounds—The acreage shall be large enough to permit playgrounds, athletic
fields and school gardens.
c. Building—Preferably it shall be constructed of strong and durable materials
and designed along functional lines. For the prevention of fire hazards, the require-
ments of the local fire department shall be observed. Sufficient ventilation shall be
provided. Wall and ceiling finishes should be chosen so as to give optimum lighting with
minimum glare. Artificial lighting with louvered fluorescent or incandescent fixture
shall be used to supply a minimum lighting of 25-foot candles in the darkest corner. For
flooring, suitable materials shall be used which will give maximum durability without
creating a slippery surface.
d. Sanitary facilities—The school population shall be provided with potable wa-
ter, sewage and waste disposal systems shall likewise conform to the requirements
prescribed in this Code.
SEC. 42. The Emotional Environment.—For the promotion of emotional health
of the school population the following requirements shall be observed:
a. Suitable location—The school site shall be located away from disturbances and
places which give undesirable influence.
b. Recreational facilities—The school must have safe and attractive playgrounds
and adequate facilities for suitable sports and games.
c. Rest rooms—Facilities shall be provided where faculty members can rest and
get short respite from teaching chores.
SEC. 43. Health Services.—Trained personnel and adequate facilities should be
available so that students may be afforded the following health services:
a. Periodic physical and medical examination
b. Periodic immunization
c. Medical and dental treatment
d. Treatment for common emergencies
e. Counseling and guidance
SEC. 44. Requirements for Special Schools
a. Cadavers shall be stored in morgues and dissected in dissecting rooms, all of
which shall be constructed and maintained in accordance with standards prescribed by
the Department.
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SANITATION CODE
b. Poisonous or harmful plants and animals shall be kept in adequate and se-
cured areas.
c. Viral and bacterial cultures shall be kept in laboratories under standard secu-
rity laboratory measures.
d. Schools utilizing radioactive materials or sources for study or research should
closely conform to the requirements and guidelines given by the Radiation Health Office
and the Philippine Atomic Energy Commission concerning radiation protection.
Chapter VII
Industrial Hygiene
SEC. 45. Sanitary Requirements for Operating an Industrial Establishment.—

The following sanitary requirements shall be applicable to industrial establishments:
a. No person, firm, corporation, or entity shall operate any industrial establish-
ment without first obtaining a sanitary permit from the Secretary or his duly author-
ized representatives.
b. Industrial establishments shall be allowed to operate only in places or zones
assigned for the kind of industry by existing zoning laws, ordinances, or policies. The
local health authority shall determine the suitability of location where no zoning law,
ordinance or policy exists.
c. Adequate potable water supply shall be provided to employees.
d. Sewage disposal shall be by means of a municipal or city sewerage system
whenever possible. If no municipal or city sewerage system exists it shall be done in
accordance with the provisions of this Code. Adequate and conveniently located toilet
and bath facilities shall be provided for each sex.
e. All wastes incidental to the operation of the industrial plant shall be collected,
stored, or disposed of in a manner to prevent health hazards, nuisances, and pollution.
Where a city or municipal collection and disposal system exists, it should be utilized.
f. An abatement program for the control of vermin shall be maintained.
g. Adequate restrooms and mess halls shall be provided for .
h. All places of employment and all workrooms, including machinery and equip-
ment, shall be kept clean and sanitary.
SEC. 46. Responsibility of the Secretary.—The Secretary shall:
a. Issue a list of maximum concentration of atmospheric contaminants as a guide
in appraising health hazards and in evaluating control measures. The term maximum
concentration as used in this chapter means “the amount of atmospheric contaminant
which can be tolerated by man for continuous daily exposure with no impairment of
health or well-being either immediate or after a long period of exposure.”
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HUMAN HABITAT
b. Review the concentration values at regular intervals to amend or alter the list
where indicated.
c. Specify other concentrations of short intermittent duration capable of causing
acute impairment of health.
d. Require control of other contaminants known or believed to be capable of caus-
ing impairment of health but not included in the list already issued by the Department.
e. Prescribe control measures to eliminate transmission of infectious disease
through processing or handling of industrial products or wastes.
f. Prescribe illumination standard values and order their review at regular in-
tervals to alter or amend values when indicated.
g. Promulgate measures to effectively and adequately control any possible radio-
activity to which workers may be exposed while on their job.
h. Promulgate control measures to reduce noise and pollution.
SEC. 47. Responsibilities of the Employer and Employees.—The following are
the responsibilities of the employer and employees in industrial establishments:
a. Employer responsibilities
1. Provide, install and maintain in good repair all control measures and pro-
tective equipment.
2. Inform affected employees regarding the nature of the hazards and the
reasons for, and methods of control measures and protective equipment.
3. Make periodical testing of the hearing of all employees in noisy areas of
operation.
4. Adopt measures so that the noise produced is within allowable limits so
as not to affect neighboring offices, buildings or establishments.
5. Request the Department a permit for variation from the requirements
when other means of equivalent protection are provided.
6. Provide personal protective equipment and/or protective barriers when
they are necessary.
b. Employee responsibilities
1. Observe strictly protective control measures which are prescribed.
2. Use equipment provided them properly.
SEC. 48. Environmental Provisions.—The environmental provisions enumerated
hereunder for the protection of the health of workers are applicable to all industrial
establishments:
a. Control of atmospheric contaminants
1. Workers shall not be exposed to atmospheric contaminants hazardous to
health.
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SANITATION CODE
2. Control of atmospheric contaminants shall be accomplished by methods

approved by the Secretary or his duly authorized representatives or other govern-
ment authority.
b. Control of infectious agents Control measures shall be provided to eliminate or
control the transmission of infectious diseases through processing or handling of indus-
trial products or wastes.
c. Control of possible sources of radiation hazards
This should be carried out under the supervision of the Radiation Health Officer or
his authorized representative.
d. Noise
Control measures shall be provided to reduce intensity of noise sufficiently to ren-
der it harmless to workers and to eliminate it at its source as a nuisance by following
the recommendations of the local health or other government authority.
e. Illumination
1. Adequate lighting shall be provided and distributed in all work areas in
amount required for the type of work or seeing tasks measured by a light-meter
with a minimum of glare and contrasting intensities between work and workroom.
2. Where the specific task requires more light than provided by general il-
lumination, supplementary lighting shall be supplied.
f. Ventilation
1. Natural or artificial ventilation shall be provided in all work areas at a
rate to ensure a safe and healthful working atmosphere, free from injurious
amounts of toxic materials and reasonably free from offensive odours and dust
throughout the establishment.
2. Proper control measures shall be used to reduce concentration of toxic
contaminants to allowable limits.
3. Air inlets shall be arranged, located, and equipped to ensure sufficient air
velocity and an exhaust system which shall be located so that discharged materials
shall not re-enter places of employment or habitations nor create any hazard of
nuisance.
SEC. 49. Personal Protective Equipment.—The following requirements shall be
applicable for personal protective equipment.
a. Personal protective equipment and/or protective barriers shall be provided
whenever substances, radiations or mechanical irritants are encountered in a manner
capable of causing any pathological change or injury or impairment in functions of any
part of the body through skin and/or mucous membrane absorption.
b. Personal protection equipment which shall include respiratory protectors and
other accessories shall be fitted to each exposed worker when necessary.
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HUMAN HABITAT
c. X-ray film badges or pocket decimeters should be worn by workers who, during
their course of work are unavoidably exposed to even a small amount of radiation.
d. Supervisors and employees shall familiarize themselves with the use, proper
sanitary care and storage of this equipment.
SEC. 50. Health Services.—Medical services shall be provided to all employees
in accordance with existing laws and the rules and regulations prescribed by the De-
partment.
Chapter VIII
Public Swimming or Bathing Places
SEC. 51. Sanitary Permit.—No public swimming and bathing places shall be op-
erated for public use without a sanitary permit issued by the Secretary or his duly au-
thorized representative.
SEC. 52. Protection of Customers.—To protect the health and safety of persons
who use them, the Department shall promulgate:
a. Rules and regulations
1. Correct sanitary practices for persons swimming or bathing to prevent
the transmission of communicable diseases;
2. Correct sanitary procedures for personnel working in those places to
maintain their adequate sanitation and cleanliness of accessories used by custom-
ers;
3. Adequate number of trained personnel and necessary equipment needed
for life-saving and rescue work;
4. Post conspicuous signs to warn the public of the presence of artificial or
natural hazards; and
b. Standards and criteria
1. Sanitary structural requisites for swimming pools and bath houses to
prevent pollution of their waters and to facilitate sanitation maintenance;
2. Sanitary structural standards for appurtenances, such as toilets, shower
baths and dressing rooms to eliminate the risk of infection;
3. Methods of determining the sanitary quality of water, particularly that
which is used in swimming pools; and
4. Criteria to be used in the limitation of swimming or bathing loads of
swimming pools in accordance with the type of water treatment applied.
SEC. 53. Responsibility of the Local Health Authority.—The local health author-
ity concerned shall:
a. Inspect the state of sanitation of public swimming or bathing places;
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SANITATION CODE
b. Ascertain if their personnel are examined regularly for the presence of any in-
fections or contagious disease;
c. Enforce rules and regulations of the Department under this Chapter; and
d. Recommend to the Department the revocation of their permits when it is
deemed necessary for the protection of public health.
Chapter IX
Rest Areas, Bus Terminals, Bus Stops, and Service Stations
SEC. 54. Rest areas, bus terminals, bus stops and service station areas with one
or more permanent sheds, buildings and service facilities for motor vehicles shall be
provided with sanitary facilities for the convenience and personal necessities of the
traveling public.
a. Rest areas, bus terminals, bus stops and service stations shall be established
with ample area to prevent overcrowding of motor vehicles and travelers.
b. They shall be provided with adequate ventilation and lighting and away from
sources of nuisance.
c. Safe and adequate water supply shall be provided in accordance with the pro-
visions of Chapter 2 of this Code.
d. Excreta and sewage collection and disposal shall be provided in accordance
with the provisions of Chapter 17 of this Code.
e. Refuse collection and disposal shall be in accordance with the provisions of
Chapter 18 of this Code.
f. Adequate number of comfort rooms shall be provided as well as auxiliary fa-
cilities therein in accordance with the provisions of Chapter 17 of this Code.
g. Waiting sheds for commuters shall be of adequate size to comfortably accom-
modate a minimum of thirty (30) persons. Floors shall be of smooth concrete finish and
adequate sitting facilities provided for.
h. Sale of foodstuffs in those establishments shall be done in conformity with the
provisions of Chapter 3 of this Code.
Chapter X
Camps and Picnic Grounds
SEC. 55. No camps and picnic grounds shall be open for public patronage with-
out a sanitary permit issued by the Secretary or his duly authorized representative.
a. Camps and picnic ground sites shall not be subject to flooding, must be well
drained, distant from any source of nuisance, and will not endanger sources of any pub-
lic water supply.
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HUMAN HABITAT
b. Camp and picnic houses shall be provided with adequate lighting and ventila-
tion. Where tents are used, flooring shall be at least four inches above the ground.
c. Adequate and safe drinking water shall be available at all times in accordance
with the provisions of Chapter 2 of this Code.
d. Adequate number of sanitary facilities shall be provided.
e. Sewage disposal shall be in accordance with the provisions of Chapter 17 of
this Code.
f. The storage, preparation and serving of food shall be in accordance with Chap-
ter 3 of this Code.
g. Refuse cans shall be provided at strategic points in the ground area provided
with tight fitting cover. A regular collection service shall be maintained. Refuse disposal
shall be in accordance with the provisions of Chapter 18 of this Code.
h. Camps and picnic grounds shall at all times be maintained clean, free from lit-
ter and accumulated rubbish.
i. A program on vermin control shall be made in accordance with Chapter 16 of
this Code.
Chapter XI
Dancing Schools, Dance Halls, and Night Clubs
SEC. 56. General Provisions.—The following provisions are applicable to danc-

ing schools, dance halls, and night clubs:
a. These establishments shall be operated and opened for public patronage only
when a sanitary permit is issued by the local health authority.
b. These establishments and their premises shall be kept clean and sanitary at
all times.
c. Patrons shall be provided with adequate potable water and toilet facilities in
accordance with standards prescribed by this Code.
d. There shall be no private rooms or separate compartments for public use ex-
cept those used for lavatories, dressing rooms, bars and kitchens.
SEC. 57. Special Provisions.—The following provisions are applicable in cases
herein specified:
a. For dancing schools
No person shall be employed as a dancing instructor or instructress without first
securing a health certificate from the local authority.
b. For dance halls and night clubs
1. No person shall be employed as hostess or cook or bartender or waiter
without first securing a health certificate from the local health authority.
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SANITATION CODE
2. The storage, preparation and serving of food and drinks shall be in accor-
dance with the provisions prescribed in Chapter 3 of this Code.
Chapter XII
Tonsorial and Beauty Establishments
SEC. 58. Definition of Terms.—As used in this chapter, the term tonsorial and
beauty establishments includes barber shops, beauty parlors, hairdressing, and mani-
curing establishments, and figure-slenderizing salons.
a. Requirements—These establishments are subject to the following require-
ments:
1. A sanitary permit shall be procured from the local health authority before
their operation.
2. They shall be maintained clean and sanitary at all times.
3. No person shall be employed to service customers without a health cer-
tificate issued by the local health authority.
b. Correct sanitary practices—The following sanitary practices shall be observed.
1. Working personnel shall wash their hands with soap and water before
servicing customers.
2. They shall wear clean working garments.
3. They shall not smoke nor eat while working.
4. Implements of their trade shall be cleaned and disinfected before and af-
ter their use.
5. Customers shall be supplied with clean and fresh towels, drapes, and
other linen necessary.
6. Precautionary measures to prevent disease transmission shall be ob-
served when serving customers showing any form of dermatoses.
Chapter XIII
Massage Clinics and Sauna Bath Establishments
SEC. 59. Definition of Terms.—As used in this Chapter the following terms shall
mean:
a. Massage—A method wherein the superficial soft parts of the body are rubbed
or stroked or kneaded for remedial or aesthetic or hygienic purposes.
b. Massage clinic—An establishment where massage is administered to customers.
c. Masseur—A trained person duly licensed by the Secretary or his authorized
representative to perform massage and to supervise massage clinic attendants.
865
HUMAN HABITAT
d. Massage clinic attendant—A trained person duly permitted by the Secretary

or his authorized representative to massage customers under the guidance and supervi-
sion of a masseur.
e. Sauna bath establishment—An establishment where customers are exposed to
steam which is generated by sprinkling water on hot stones or by some other means.
f. Sauna bath attendant—A person who applies the proper technique of giving
steam bath to customers.
SEC. 60. Sanitary Permit—No person or entity shall operate a massage clinic
and/or a sauna bath establishment without first securing a sanitary permit from the
local health authority.
SEC. 61. Sanitary Requirement— The following requirements shall be enforced:
a. Massage clinic
1. The reception and office rooms shall be properly lighted and ventilated.
2. Every massage room shall be adequately ventilated, provided with a slid-
ing curtain at the entrance and equipped with a suitable and clean massage table.
3. Sanitary and adequate handwashing, bath and toilet facilities shall be
available.
4. Customers shall be provided with soap, clean towels, sanitized rubber or
plastic slippers. They shall be required to take a thorough bath before massage.
5. Masseur and masseur attendant shall wash their hands with soap and
water before and after massaging a customer.
6. The establishment and its premises shall be maintained clean and sani-
tary at all times.
b. Sauna bath establishment
1. The reception and office rooms shall be properly lighted and adequately
ventilated.
2. The sauna bath room shall be properly lighted, provided with thermome-
ters, and maintained clean and sanitary at all times.
3. Sanitary and adequate handwashing, bath and toilet facilities shall be
available.
4. Customers shall be provided with soap, clean towels and sanitized rubber
or plastic slippers.
SEC. 62. Personnel.—The following requirements shall be enforced:
a. Masseur
1. The person must have a certificate as a registered masseur, issued by the
Committee on Examiners for Masseur of the Department.
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SANITATION CODE
2. He must possess an up-to-date health certificate issued by the local

health authority.
3. The person shall wear a clean working garment when attending to cus-
tomers or when supervising massage clinic attendants.
b. Massage clinic attendant
1. The person shall be properly registered and authorized by the local
health authority to work as massage clinic attendant after compliance with the fol-
lowing requirements:
(a) Satisfactory completion of a training course or study given by a
government office, school or hospital, which is duly authorized and recognized
by the Department; and
(b) Up-to-date health certificate issued by the local health authority to
include clearance secured from any government clinic or hospital.
2. The person must wear clean working garments when attending to cus-
tomers.
c. Sauna bath attendant
1. Attendant must possess an up-to-date health certificate issued by the lo-
cal health authority.
2. The person must wear clean working garments when attending to cus-
tomers.
Chapter XIV
Hotels, Motels, Apartments, Lodging, Boarding or Tenement
Houses, and Condominiums
SEC. 63. Definition of Terms.—As used in this chapter, the following terms shall
mean:
a. Hotel—A building where transient guests are received and are supplied with
and charged for meals, lodging, and other services.
b. Motel—A roadside hotel for motorists, usually consisting of private cabins.
c. Boarding house— A building where selected persons, for fixed periods of time,
are supplied with, and charged for sleeping accommodations and meals.
d. Lodging house—A building where persons are supplied with and charged for
sleeping accommodations only.
e. Tenement house— A building or portion thereof which is leased or sold to an
occupant as residence by four or more families doing their cooking within the premises
but living independently of one another although having a common right in the use of
halls, stairways, terraces, verandas, toilets, and baths.
867
HUMAN HABITAT
f. Apartment house—A building containing a number of separate residential

suites.
g. Condominium — A building with one or more storeys composed of multi-unit
residential suites under joint ownership of occupants, each unit provided with complete
sanitary facilities, utilities and other amenities.
h. Establishments — A collective term construed to include items (a) to (g).
SEC. 64. General Provisions.—The following are required for the establishments
defined in the preceding Section:
a. No establishment shall be operated and opened for public patronage without a
sanitary permit issued by the Secretary or his duly authorized representative.
b. Any extension or additional construction in an establishment shall require a
sanitary permit before it could be operated.
c. All establishments shall provide their patrons with adequate water supply, toi-
let and bath facilities in accordance with standards prescribed in this Code.
d. Establishments and their premises shall be kept clean and sanitary at all
times.
e. Periodic insect and vermin control measures shall be undertaken to eradicate
vectors of diseases.
f. Animals, fowls and pets shall be housed in appropriate kennels or cages sepa-
rate from living quarters.
g. No person shall be employed in establishments without first procuring a
health certificate from the local health authority.
SEC. 65. Special Provisions.— The following provisions are applicable:
a. Hotels and motels
1. The storage, preparation and serving of food to customers shall be in ac-
cordance with the standards prescribed in chapter 3 of this Code.
2. Customers shall be provided with clean linen such as bedsheets, pillow
cases, towels and napkins.
3. When rooms or cabins are vacated, their toilets or baths shall be sani-
tized and clean and fresh linen shall be provided before the room or cabin is rented
for occupancy.
b. Condominiums
1. The choice for sites should consider availability of bus and taxi transpor-
tation services.
2. Nearness to place of work, schools, police stations and clinics.
3. Availability of low-cost goods.
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SANITATION CODE
4. Parking facilities and playgrounds for children.

5. Facilities for refuse disposal and cleanliness of buildings, and
6. Efficiency of lifts.
Chapter XV
Port, Airport, Vessel, and Aircraft Sanitation
SEC. 66. Port and Airport Sanitation.—In ports and airports, the following sani-
tary requirements shall be applied:
a. Every port and airport shall be provided with potable drinking water and
wholesome food supplied from sources approved by the Secretary or his duly authorized
representative.
“Nothing is rich but the inexhaustible wealth of nature. She shows us only
surfaces, but she is a million fathoms deep.”— Ralph Waldo Emerson
(A. Oposa)
b. The drinking water and food shall be stored and handled in a manner to en-
sure their protection against contamination. The local health authority shall conduct
periodic inspections of equipment, installations and premises, and collect regularly
samples of water and food for laboratory examination to determine if they are fit for
human consumption.
c. There shall be available to as many ports and airports as practicable organized
medical and health services with adequate staff, equipment and facilities for the prompt
isolation and care of infected persons, disinfection, disinsecting, deratting, laboratory
869
HUMAN HABITAT
examination, collection and examination of rodents for plague infection, collection of wa-
ter and food samples for examination.
d. The local health authority for each port and airport shall take all practicable
measures to keep port and airport installation free of rodents.
e. In ports and airports of entry, facilities shall be provided for immunizations
required in international travel.
f. Every port of entry and the area within the perimeter of an airport of entry
shall be kept free from mosquito vectors of yellow fever, malaria and other diseases of
epidemiological significance.
SEC. 67. Vessel Sanitation.—For the purpose of this Section, the provisions of
Article 2 of the Quarantine Regulations promulgated under Section 5 of Republic Act
No. 123 shall be applied and enforced.
SEC. 68. Aircraft Sanitation.— For the purpose of this Section, the require-
ments in the Guide to Hygiene and Sanitation in Aviation of the World Health Organi-
zation are adopted as part of this Code.
Chapter XVI
Vermin Control
SEC. 69. Definition of Terms.—As used in this Chapter, the following terms
shall mean:
a. Place—Land, building, residence, pier, watercraft, aircraft or any means of
conveyance.
b. Vermin—A group of insects or small animals such as flies, mosquitoes, cock-
roaches, fleas, lice, bedbugs, mice and rats which are vectors of diseases.
SEC. 70. General Requirements
a. A vermin abatement program shall be maintained in places by their owners,
operators or administrators. If they fail, neglect or refuse to maintain a vermin abate-
ment program, the local health agency will undertake the work at their expense.
b. Vermin control in public places shall be the responsibility of the provincial,
city or municipal governments which have jurisdiction over them.
c. The procedure and frequency of vermin abatement program shall be deter-
mined and approved by the local health authority.
Chapter XVII
Sewage Collection and Disposal, Excreta Disposal, and Drainage
mean:
a. Public sewerage system—A system serving twenty-five persons or more.
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SANITATION CODE
b. Septic tank—A watertight receptacle which receives the discharge of a plumb-

ing system or part thereof, and is designed to accomplish the partial removal and diges-
tion of the suspended solid matter in the sewage through a period of detention. Its con-
struction shall be in accordance with specifications prescribed in this chapter.
c. House sewer—The pipe line conveying sewage from the house or building to
the septic tank or to any point of discharge.
d. Septic tank absorption bed or drain field—An underground system of pipes
leading from the outlet of the septic tank, consisting of open-jointed or perforated pipes
so distributed that the effluent from a septic tank is oxidized and absorbed by the soil.
e. Effective capacity of a septic tank—The actual liquid capacity of a septic tank
as contained below the liquid level line of the tank.
f. Effective depth of a septic tank—The actual liquid depth of a septic tank as
measured from the inside bottom of the septic tank to the liquid level line.
g. Freeboard or air space of a septic tank—The distance as measured from the
liquid level line to the inside top of the septic tank.
h. Distribution box—A small concrete receptacle between the septic tank and the
drain field from which lines of drain tile extends and which acts as surge tank to dis-
tribute the flow of sewage equally to each line of drain tile.
i. Approved excreta disposal facilities—shall mean any of the following:
1. Flush toilets properly connected to a community sewer;
2. Flush toilets connected to a septic tank constructed in accordance with
this chapter;
3. Any approved type pit privy built in accordance with this chapter; and
4. Any disposal device approved by the Secretary or his duly authorized rep-
resentative.
j. Privy—a structure which is not connected to a sewerage system and is used for
the reception, disposition and storage of feces or other excreta from the human body.
k. Septic privy—A privy where the fecal matter is placed in a septic tank contain-
ing water and connected to a drain field but which is not served by a water supply un-
der pressure.
l. Box and can privy—A privy where fecal matter is deposited in a can bucket
which is removed for emptying and cleaning.
m. Concrete vault privy—A pity privy with the pit line with concrete in such man-
ner as to make it water tight.
n. Chemical privy—A privy where fecal matter is deposited into a tank contain-
ing a caustic chemical solution to prevent septic action while the organic matter is de-
composed.
871
HUMAN HABITAT
SEC. 72. Scope of Supervision of the Department.—The approval of the Secre-

tary or his duly authorized representative is required in the following matters:
a. Construction of any approved type of toilet for every house including commu-
nity toilet which may be allowed for a group of small houses of light materials or tempo-
rary in nature.
b. Plans of individual sewage disposal system and the sub-surface absorption sys-
tem, or other treatment device.
c. Location of any toilet or sewage disposal system in relation to a source of water
supply.
d. Plans, design data and specifications of a new or existing sewerage system or
sewage treatment plant.
e. The discharge of untreated effluent of septic tanks and/or sewage treatment
plants to bodies of water.
f. Manufacture of septic tanks.
g. Method of disposal of sludge from septic tanks or other treatment plants.
SEC. 73. Operation of Sewage Treatment Works.—Private or public sewerage
systems shall:
a. Provide laboratory facilities for control tests and other examinations needed;
b. Forward to the local health authority operating data, control tests and such
other records and information as may be required;
c. Inform the local health authority in case of break-down or improper function-
ing of the sewage treatment works; and
d. Provide for the treatment of all sewage entering the treatment plant.
SEC. 74. Requirements in the Operation of Sewerage Works and Sewage Treat-
ment Plants.—The following are required for sewerage works and sewage treatment
plants.
a. All houses covered by the system shall be connected to the sewer in areas
where a sewerage system is available.
b. Outfalls discharging effluent from a treatment plant shall be carried to the
channel of the stream or to deep water where the outlet is discharged.
c. Storm water shall be discharged to a storm sewer, sanitary sewage shall be
discharged to a sewerage system carrying sanitary sewage only; but this should not
prevent the installation of a combined system.
d. Properly designed grease traps shall be provided for sewers from restaurants
or other establishments where the sewage carries a large amount of grease.
SEC. 75. Septic Tanks.—Where a public sewerage system is not available, sewer
outfalls from residences, schools, and other buildings shall be discharged into a septic
tank to be constructed in accordance with the following minimum requirements:
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SANITATION CODE
a. It shall be generally rectangular in shape. When a number of compartments

are used, the first compartment shall have the capacity from one-half to two-thirds of
the total volume of the tank.
b. It shall be built of concrete, whether pre-cast or poured in place. Brick, con-
crete blocks or adobe may be used.
c. It shall not be constructed under any building and within 25 meters from any
source of water supply.
SEC. 76. Disposal of Septic Tank Effluent.—The effluent from septic tanks shall
be discharged into a sub-surface soil, absorption field where applicable or shall be
treated with some type of a purification device. The treated effluent may be discharged
into a stream or body of water if it conforms to the quality standards prescribe by the
National Water and Air Pollution Control Commission.
SEC. 77. Determination of Septic Tank Capacity.—The septic tank capacity may
be determined from the estimated unit flow contained in table 1, “Quantities of Sewage
Flow,” based on adequate detention time interval resulting in efficient sedimentation.
Daily flow from mattered results, may be used as estimated flow when available. For
edifices with occupants, the number of persons to be served shall be computed on the
number of rooms with each room considered as occupied by two persons or on the basis
of the actual number of persons served by the tank, whichever is greater.
SEC. 78. Sanitary Privies.—The privy recommended for use is the sanitary
privy. It shall conform with the following minimum requirements:
a. It shall consist of an earthen pit, a floor covering the pit, and a water-sealed
bowl. It shall be so constructed in order that fecal matter and urine will be deposited
into the earthen pit which shall be completely fly-proof.
b. The pit shall be at least one meter square.
c. The floor should cover the pit tightly to prevent the entrance of flies. It shall be
constructed of concrete or other impervious material.
d. The water-sealed bowl shall be joined to the floor so as to form a water-tight
and insect proof joint.
e. A suitable building, shall be constructed to provide comfort and privacy for the
users of the privy.
f. Wooden floors and seat risers shall not be used.
SEC. 79. Drainage
a. Responsibility of cities and municipalities—It shall be the responsibility of all
cities and municipalities to provide and maintain in a sanitary state and in good repair
a satisfactory system of drainage in all inhabited areas where waste water from build-
ings and premises could empty without causing nuisance to the community and danger
to public health.
873
HUMAN HABITAT
b. Connection to the municipal drainage system—Buildings or premises produc-

ing wastes water shall be connected to the municipal drainage system in all areas
where it exists.
SEC. 80. Special Precaution for Radioactive Excreta and Urine of Hospitalized
Patient.—
a. Patients given high doses of radioactive isotope for therapy should be given toi-
let facilities separate from those used by non-radioactive patients.
b. Radioactive patients should be instructed to use the same toilet bowl at all
times and to flush it at least three times after its use.
Chapter XVIII
Refuse Disposal
SEC. 81. Definition of Terms.—As used in this chapter, refuse is an inclusive

term for all solid waste products consisting of garbage, rabbish, ashes, night soil, ma-
nure, dead animals, street sweepings and industrial wastes.
SEC. 82. Responsibility of Cities and Municipalities.—Cities and municipalities
shall provide an adequate and efficient system of collecting, transporting and disposing
refuse in their areas of jurisdiction in a manner approved by the local health authority.
SEC. 83. Additional Requirements
a. Occupants of buildings and residences shall provide a sufficient number of re-
ceptacles for refuse. Refuse in receptacles shall be protected against vermin and other
animals.
b. Refuse shall be disposed through a municipal collection service. If this service
is not available, disposal shall be by incineration, burying, sanitary landfill or any
method approved by the local health authority.
c. Refuse shall not be thrown in any street, sidewalk, yard, park or any body of
water. It shall be stored in a suitable container while awaiting its final disposal.
d. Streets shall be kept clean by occupants or owners of properties lining the
street from the line of the property to the middle of the street and from one property to
the other.
e. Parks, plazas, and streets adjacent to public buildings shall be kept clean by
the local government concerned.
Chapter XIX
Nuisances and Offensive Trades and Occupations
mean and include:
874
SANITATION CODE
a. Nuisance—Anything that injures health, endangers life, offends the senses, or

produces discomfort to the community.
b. Offensive trades or occupations—These are the following:
1. Soap boiling
2. Guts cleaning
3. Boiling of offal, bones, fat or lard (permissible if process is performed in a
public slaughterhouse under prescribed regulations)
4. Manufacturing of glue or fertilizer
5. Skin curing
6. Scrap processing
7. Manure storing
8. Lime burning
9. Lye making
10. Any manufacturing process in which lead, arsenic, mercury, phosphorous,
3
or other poisonous substance is used
SEC. 85. Types of Nuisances.—For the purpose of this chapter, the following
shall be considered nuisances:
a. Public or private premises maintained and used in a manner injurious to
health
b. Breeding places and harborages of vermin
c. Animals and their carcasses which are injurious to health
d. Accumulation of refuse
e. Noxious matter or wastes water discharged improperly in streets
f. Animals stockage maintained in a manner injurious to health
g. Excessive noise
h. Illegal shanties in public or private properties
SEC. 86. Responsibilities of Owners, Managers, or Operators.—The owners,
managers or operators of establishments shall:
a. Secure a sanitary permit from the local health authority before establishing
and operating their business or trade
b. Remove daily all injurious by-products and wastes
_______________________
3
The use of such chemicals is permissible in the practice of pharmacy and in printing where
ready-made lead types are used.
875
HUMAN HABITAT
c. Prevent the escape of industrial impurities and adopt methods to render them
innocuous
d. Maintain working establishments and their premises clean and sanitary at all
times
e. Store all materials properly to prevent emission of noxious or injurious effluvia
Chapter XX
Pollution of the Environment
SEC. 87. General Provisions.—For the purpose of this chapter, the provisions of
4
Republic Act No. 3931, the rules and regulations of the National Water and Air Pollu-
tion Control Commission promulgated in accordance with the provisions of Section 6(a)
5
2 of the said Act, the provisions of Presidential Decree No. 480, and the Rules and
Regulations of the Radiation Health Office of the Department of Health shall be applied
and enforced.
SEC. 88. Authority of the Secretary.—The Secretary is authorized to promulgate
rules and regulations for the control and prevention of the following types of pollution:
a. Pollution of pesticides and heavy metals;
b. Pollution of food caused by chemicals, biological agents, radioactive materials,
and excessive or improper use of food additives;
c. Non-ionizing radiation caused by electronic products such as laser beams or
microwaves;
d. Noise pollution caused by industry, land and air transport, and building con-
struction;
e. Biological pollutants including the causative agents of intestinal infections;
f. Pollution of agricultural products through the use of chemical fertilizers and
plant pesticides containing toxic chemical substances and unsanitary agricultural prac-
tices; and
g. Any other type of pollution which is not covered by the provisions of Republic
Act 3931, the rules and regulations of the National Water and Air Pollution Control
Commission, the provisions of Presidential Decree No. 480 and the rules and regula-
tions of the Radiation Health Office of the Department of Health which is likely to affect
community health adversely.
_______________________
4
Now the Pollution Control Law (P.D. 984).
5
Creation of a Radiation Health Office in the Department of Health (6 June 1974).
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SANITATION CODE
Chapter XXI
Disposal of Dead Persons
SEC. 89. Definition.—As used in this Chapter, the following terms shall mean:
a. Burial grounds—Cemetery, memorial park, or any place duly authorized by
law for permanent disposal of the dead.
b. Embalming—Preparing, disinfecting, and preserving a dead body for its final
disposal.
c. Embalmer—A person who practices embalming.
d. Undertaking—The care, transport, and disposal of the body of a deceased per-
son by any means other than embalming.
e. Undertaker—Person who practices undertaking.
f. Funeral establishment—Any place used in the preparation and care of the
body of a deceased person for burial.
g. Remains—The body of a dead person.
h. Burial—Interment of remains in a grave, a tomb, or the sea.
i. Disinterment—The removal or exhumation of remains from places of inter-
ment.
SEC. 90. Burial Grounds Requirements.—The following requirements shall be
applied and enforced:
a. It shall be unlawful for any person to bury remains in places other than those
legally authorized in conformity with the provisions of this Chapter.
b. A burial ground shall be at least 25 meters distant from any dwelling house
and no house shall be constructed within the same distance from any burial ground.
c. No burial ground shall be located within 50 meters from either side of a river
or within 50 meters from any source of water supply.
SEC. 91. Burial Requirements.—The burial remains is subject to the following
requirements:
a. No remains shall be buried without a death certificate. This certificate shall be
issued by the attending physician. If there has been no physician in attendance, it shall
be issued by the mayor, the secretary of the municipal board, or a councilor of the mu-
nicipality where the death occurred. The death certificate shall be forwarded to the local
civil register within 48 hours after death.
b. Shipment of remains abroad shall be governed by the rules and regulations of
the Bureau of Quarantine.
c. Graves where remains are buried shall be at least one and one-half meters
deep and filled well and firmly.
877
HUMAN HABITAT
d. The cost of burial of a dead person shall be borne by the nearest kin. If the kin
is not financially capable of defraying the expenses or if the deceased had no kin, the
cost shall be borne by the city or municipal government.
e. The burial of remains in city or municipal burial grounds shall not be prohib-
ited on account of race, nationality, religion or political persuasion.
f. If the person who issues a death certificate has reason to believe or suspect
that the cause of death was due to violence or crime, he shall notify immediately the
local authorities concerned. In this case the deceased shall not be buried until a permis-
sion is obtained from the provincial or city fiscal. If these officials are not available the
permission shall be obtained from any government official authorized by law.
g. Except when required by legal investigation or when permitted by the local
health authority, no unembalmed remains shall remain unburied longer than 48 hours
after death.
h. When the cause of death is a dangerous communicable disease, the remains
shall be buried within 12 hours after death. They shall not be taken to any place of
public assembly. Only the adult members of the family of the deceased may be permit-
ted to attend the funeral.
SEC. 92. Disinterment Requirements.—Disinterment of remains is subject to the
following requirements:
a. Permission to disinter remains of persons who died of non-dangerous commu-
nicable diseases may be granted after a burial period of three years.
b. Permission to disinter remains of person who died of dangerous communicable
diseases may be granted after a burial period of five years.
c. Disinterment of remains covered in paragraphs (a) and (b) of this Section may
be permitted within a shorter time than that prescribed in special cases, subject to the
approval of the Regional Director concerned or his duly authorized representative.
d. In all cases of disinterment, the remains shall be disinfected and placed in a
durable and sealed container prior to their final disposal.
SEC. 93. Funeral and Embalming Establishments.—These establishments are
subject to the following requirements:
a. Scope of inclusion—For the purposes of this Section, requirements prescribed
herein shall be applied and enforced to funeral chapels, embalming establishments and
morgues.
b. Sanitary permit—No establishment mentioned in the preceding paragraph
shall be operated without a sanitary permit issued by the Secretary or his duly author-
ized representative. This permit shall be revoked in case of violation of the provisions
of this Chapter and the rules and regulations promulgated by the Secretary.
c. Classification—Funeral establishment shall be classified in three (3) catego-
ries which are described as follows:
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SANITATION CODE
1. Category I — Establishments with chapels and embalming facilities and

offering funeral services.
2. Category II — Establishments with chapels and offering funeral services
but without embalming facilities.
3. Category III — Establishments offering only funeral services from the
house of the deceased to the burial ground.
d. Sanitary requirements
1. For funeral chapels
The requirements prescribed for places of public assembly in this Code shall
be applied.
2. For embalming and dressing rooms
(a) They should be constructed of concrete or semi-concrete materials
with sufficient space to accommodate five bodies at one time.
(b) The floors and walls should be made of concrete or other durable
impervious materials.
(c) Ventilation and lighting should be adequately provided.
(d) Embalming shall be performed on a table made of a single marble
slab or other equally impervious materials. It shall be so constructed that all
washings and body fluids shall flow to a drain connected to the waste piping
system of the building.
(e) Embalming and assistants shall use rubber gloves when working.
(f) Washing facilities with soaps, detergents and germicidal solutions
shall be provided for use of the working personnel.
SEC. 94. Licensing and Registration Procedures.—The licensing and registration
of undertakers and embalmers are subject to the following requirements:
a. Issuance of license to practice
1. Any person who desires to practice undertaking or embalming shall be li-
censed to practice only after passing an examination conducted by the Depart-
ment.
2. Licensed undertakers or embalmers shall practice undertaking or em-
balming in accordance with requirements prescribed by the Department.
3. Licensed undertakers or embalmers shall display their licenses conspicu-
ously in the establishments where they work.
b. Issuance of certificates of registration
1. An undertaker or embalmer shall apply annually for a registration cer-
tificate and pay an annual registration fee of twenty-five pesos to the regional
health office concerned.
879
HUMAN HABITAT
2. The first registration certificate issued shall cover the period from the
date of issuance to the last day of the current year. Subsequent certificates shall
bear the date of January 1 of the year of issue and shall expire December 31 of the
same year.
3. Certificates of registration shall be posed conspicuously in establishments
concerned.
c. Exemption—Government and private physicians may perform embalming
without license and registration certificates as exigencies require.
SEC. 95. Autopsy and Dissection of Remains.—The autopsy and dissection of
remains are subject to the following requirements:
a. Persons authorized to perform these are:
1. Health officers;
2. Medical officers of law enforcement agencies; and
3. Members of the medical staff of accredited hospitals.
b. Autopsies shall be performed in the following cases:
1. Whenever required by special laws;
2. Upon orders of a competent court, a mayor and a provincial or city fiscal;
3. Upon written request of police authorities;
4. Whenever the Solicitor General, provincial or city fiscal as authorized by
existing laws, shall deem it necessary to disinter and take possession of remains
for examination to determine the cause of death; and
5. Whenever the nearest kin shall request in writing the authorities con-
cerned to ascertain the cause of death.
c. Autopsies may be performed on patients who died in accredited hospitals sub-
ject to the following requirements:
1. The Director of the hospital shall notify the next of kin of the death of the
deceased and request permission to perform an autopsy.
2. Autopsy can be performed when the permission is granted or no objection
is raised to such autopsy within 48 hours after death.
3. In cases where the deceased has no next of kin, the permission shall be
secured from the local health authority.
4. After an autopsy, the remains shall be interred in accordance with the
provisions in this Chapter.
SEC. 96. Donation of Human Organs for Medical, Surgical, and Scientific Pur-
poses.—Any person may donate an organ or any part of his body to a person, a physi-
cian, a scientist, a hospital, or a scientific institution upon his death for transplant,
medical, or research purposes subject to the following requirements:
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SANITATION CODE
a. The donation shall be authorized in writing by the donor specifying the recipi-
ent, the organ or part of his body to be donated and the specific purpose for which it will
be utilized.
b. A married person may make such donation without the consent of his spouse.
c. After the death of a person the next of kin may authorize the donation of an
organ or any part of the body of the deceased for similar purposes in accordance with
the prescribed procedure.
d. If the deceased has no next of kin and his remains are in the custody of an ac-
credited hospital, the Director of the hospital may donate an organ or any part of the
body of the deceased in accordance with the requirement prescribed in this Section.
e. A simple written authorization signed by the donor in the presence of two wit-
nesses shall be deemed sufficient for the donation of organs or parts of the human body
required in this Section, notwithstanding the provisions of the Civil Code of the Philip-
pines on matters of donation. A copy of the written authorization shall be forwarded to
the Secretary.
f. Any authorization granted in accordance with the requirements of this Section
is binding to the executors, administrators, and members of the family of the deceased.
SEC. 97. Use of Remains for Medical Studies and Scientific Research.—
Unclaimed remains may be used by medical schools and scientific institutions for stud-
ies and research subject to the rules and regulations prescribed by the Department.
SEC. 98. Special Precautions for Safe Handling of Cadavers Containing Radio-
active Isotopes
a. Cadavers containing only traces (very small dose) of radioactive isotope do not
require any special handling precautions.
b. Cadavers containing large amounts of radioactive isotopes should be labeled
properly identifying the type and amount or radioactive isotopes present and the date of
its administration.
c. Before autopsy is performed, the Radiation Health Officer or his duly author-
ized representative should be notified for proper advice. The pathologist and/or em-
balmer should be warned accordingly of the radioactivity of the cadaver so that radia-
tion precautions can be properly enforced.
d. Normal burial procedures, rules and regulations may be carried out on the
above mentioned cadavers provided that their amount of radioactivity has decayed to a
safe level which will be determined by the Radiation Health Officer or his authorized
representative.
e. If cremation is performed without autopsy, there is no handling problem; oth-
erwise, autopsy precautions should be strictly enforced. Precautions should be taken to
prevent any possible concentration of radioactivity at the base of the stack of the crema-
torium.
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HUMAN HABITAT
SEC. 99. Responsibility of the Regional Director.—The Regional Director shall:

a. Act on applications for the establishment of burial grounds; and
b. Close any burial ground which is a menace to public health.
SEC. 100. Responsibility of the Local Health Authority.—The local health au-
thority shall:
a. Administer city or municipal cemeteries;
b. Issue permits to inter, disinter or transfer remains;
c. Apply prescribed measures when cause of death is due to a dangerous commu-
nicable disease;
d. Keep records of death occurring within his area of jurisdiction; and
e. Authorize the delivery of unclaimed remains to medical schools and scientific
institutions for purposes specified in this Chapter and in accordance with the rules and
regulations of the Department.
SEC. 101. Responsibility of Local Government.—Local governments shall:
a. Reserve appropriate tracts of land under their jurisdiction, for cemeteries sub-
ject to approval of regional directors concerned;
b. Utilize judiciously grants, gifts, bequests of property or financial donations for
the establishment or improvement of cemeteries; and
c. Close cemeteries under their jurisdiction subject to approval of the regional di-
rector.
SEC. 102. Penal Provisions
a. The Secretary or his duly authorized representative may revoke or suspend
the license of an undertaker or embalmer who violates any provisions of this Chapter or
the rules and regulations promulgated by the Secretary under this Chapter.
b. Any person who shall engage in the business of undertaking or embalming in
violation of any provision of this Chapter shall be liable to a penalty of not more than
One Thousand Pesos for each violation.
c. Each day or any part thereof during which any prohibited business or practice
is continued shall be deemed a separate violation and subject to the same penalty pre-
scribed in the preceding paragraph.
Chapter XXII
Final Provisions
SEC. 103. Penal Provision

a. Unless otherwise provided in any chapter or section in this Code, any person
who shall violate, disobey, refuse, omit or neglect to comply with any of the rules and
882
ENVIRONMENT CODE PROVISIONS ON LAND USE
regulations promulgated under this Code shall be guilty of misdemeanor and upon
conviction shall be punished by imprisonment for a period not exceeding six months or
by a fine of not exceeding One Thousand Pesos or both depending upon the discretion of
the court.
b. Any person who shall interfere with or hinder, or oppose any officer, agent, or
member of the Department or of the bureaus and offices under it, in the performance of
his duty as such under this Code, or shall tear down, mutilate, deface, or alter any plac-
ard or notice affixed to the premises in the enforcement of the Code, shall be guilty of a
misdemeanor and punishable upon conviction by imprisonment for a period not exceed-
ing six months or by a fine of not exceeding One Thousand Pesos or both depending
upon the discretion of the Court.
SEC. 104. Separability Clause.—In the event that any section, paragraph, sen-
tence, clause, or word of this Code is declared invalid for any reason, other provisions
thereof shall not be affected thereby.
SEC. 105. Repealing Clause.—All laws, as well as pertinent rules and regula-
tions thereof which are inconsistent with the provisions of this Code are hereby re-
pealed or amended accordingly.
SEC. 106. Effectivity.—This Code is hereby made part of the law of the land and
shall take effect immediately.
Done in the City of Manila, this 23rd day of December, 1975.
WHO IS CLEANER: MAN OR PIG?
A pig, left in a natural setting,

does not poo in the very place he eats.
Manila Bay was once a major source of food for its surrounding towns and cities.
The water quality standard for fecal coliform (bacteria from feces) for a body of water to
be fit for swimming is 200 units.
Today, the fecal coliform count of Manila Bay is 100,000 units.
Now who is cleaner: Man or pig?
Land Use
Environment Code Provisions on Land Use (Presidential Decree 1152)
Title 3 — Land Use Management
SEC. 22. Purpose.—The purposes of this Title are:

a. To provide a rational, orderly and efficient acquisition, utilization and disposi-
tion of land and its resources in order to derive therefrom maximum benefits; and
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HUMAN HABITAT
b. To encourage the prudent use and conservation of land resources in order to

prevent an imbalance between the nation’s needs and such resources.
SEC. 23. National Land Use Scheme.—The Human Settlements Commission, in
coordination with the appropriate agencies of the government, shall formulate and rec-
ommend to the National Environmental Protection Council a land use scheme consistent
with the purpose of this Title.
The Land Use
Scheme shall include
among others, the
following:
a. A science-ba-
sed and technology-
oriented land inven-
tory and classification
system;
b. A determi-
nation of present land
uses, the extent to
which they are uti-
lized, underutilized,
rendered idle or aban-
doned;
c. A compre-
hensive and accurate
determination of the
adaptability of the
“We abuse land because we regard it as a commodity belonging to
land for community
us. When we see land as a commodity to which we belong, we may
development, agricul- begin to use it with love and respect.”— Aldo Leopold
ture, industry, com-
(A. Oposa)
merce and other
fields of endeavor;
d. A method of identification of areas where uncontrolled development could re-
sult in irreparable damage to important historic, cultural, or aesthetic values, or natu-
ral systems or processes of national significance;
e. A method for exercising control by the appropriate government agencies over
the use of land in areas of critical environmental concern and areas impacted by public
facilities including, but not limited to, airports, highways, bridges, ports and wharves,
buildings and other infrastructure projects;
f. A method to ensure the consideration of regional development and land use in
local regulations;
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URBAN HOUSING
g. A policy for influencing the location of new communities and methods for as-
suring appropriate controls
over the use of land around
new communities;
h. A system of controls
and regulations pertaining to
areas and development activi-
ties designed to ensure that
any source of pollution will not
be located where it would re-
sult in a violation of any appli-
cable environmental pollution
control regulations; and
i. A recommended met-
hod for the periodic revisions
and updating of the national
land use scheme to meet chang-
ing conditions. “The earth provides enough to satisfy every man's needs,
SEC. 24. Location of but not every man's greed.” — Mahatma Gandhi
Industries.—In the location of (T. Cayton)
industries, factories, plants,
depots and similar industrial establishments, the regulating or enforcing agencies of the
government shall take into consideration the social, economic, geographic, and signifi-
cant environmental impact of said establishments.
Urban Housing (Republic Act 7279)
Title, Policy, Program, and Definition of Terms
Article 1
SECTION 1. Title.—This Act shall be known as the “Urban Development and

6
Housing Act of 1992.”
SEC. 2. Declaration of State Policy and Program Objectives.—It shall be the pol-
icy of the State to undertake, in cooperation with the private sector, a comprehensive
and continuing Urban Development and Housing Program, hereinafter referred to as
the Program, which shall:
a. Uplift the conditions of the underprivileged and homeless citizens in urban ar-
eas and in resettlement areas by making available to them decent housing at affordable
cost, basic services, and employment opportunities;
_______________________
6
An electronic copy in pdf format is available at http://www.gov.ph/laws/ra7279.pdf
885
HUMAN HABITAT
b. Provide for the rational use and development of urban land in order to bring
about the following:
1. Equitable utilization of residential lands in urban and urbanizable areas
with particular attention to the needs and requirements of the underprivileged
and homeless citizens and not merely on the basis of market forces;
2. Optimization of the use and productivity of land and urban resources;
3. Development of urban areas conducive to commercial and industrial ac-
tivities which can generate more economic opportunities for the people;
4. Reduction in urban dysfunctions, particularly those that adversely affect
public health, safety and ecology; and
5. Access to land and housing by the underprivileged and homeless citizens;
c. Adopt workable policies to regulate and direct urban growth and expansion
towards a dispersed urban net and more balanced urban-rural interdependence;
d. Provide for an equitable land tenure system that shall guarantee security of
tenure to Program beneficiaries but shall respect the rights of small property owners
and ensure the payment of just compensation;
e. Encourage more effective people’s participation in the urban development
process; and
f. Improve the capability of local government units in undertaking urban devel-
opment and housing programs and projects.
SEC. 3. Definition of Terms.—For purposes of this Act:
a. Affordable cost refers to the most reasonable price of land and shelter based on
the needs and financial capability of Program beneficiaries and appropriate financing
schemes;
b. Areas for priority development refers to those areas declared as such under ex-
isting statutes and pertinent executive issuances.
c. Blighted lands refers to the areas where the structures are dilapidated, obso-
lete and unsanitary, tending to depreciate the value of the land and prevent normal
development and use of the area.
d. Consultation refers to the constitutionally mandated process whereby the pub-
lic, on its own or through people’s organizations, is provided an opportunity to be heard
and to participate in the decision-making process on matters involving the protection
and promotion of its legitimate collective interest, which shall include appropriate
documentation and feedback mechanisms;
e. Idle lands refers to nonagricultural lands in urban and urbanized areas on
which no improvements, as herein defined, have been made by the owner, as certified
by the city, municipal or provincial assessor;
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URBAN HOUSING
f. Improvements refers to all types of buildings and residential units, walls,

fences, structures or constructions of all kinds of a fixed character or which are adhered
to the soil but shall not include trees, plants and growing fruits, and other fixtures that
are mere superimpositions on the land, and the value of improvements shall not be less
than fifty percent (50%) of the assessed value of the property;
g. Joint venture refers to the commitment or agreement by two (2) or more per-
sons to carry out a specific or single business enterprise for their mutual benefit, for
which purpose they combine their funds, land resources, facilities and services;
h. Land assembly or consolidation refers to the acquisition of lots of varying own-
ership through purchase or expropriation of the purpose of planned and rational devel-
opment and socialized housing programs without individual property boundary restric-
tions;
i. Land banking refers to the acquisition of land at values based on existing use
in advance of actual need to promote planned development and socialized housing pro-
grams;
j. Land swapping refers to the process of land acquisition by exchanging land for
another piece of land of equal value, or for shares of stock in a government or quasigov-
ernment corporation whose book value is of equal value to the land being exchanged, for
the purpose of planned and rational development and provision for socialized housing
where land values are determined based on land classification, market value and as-
sessed value taken from existing tax declarations: Provided, That more valuable lands
owned by private persons may be exchanged with less valuable lands to carry out the
objectives of this Act;
k. Land use plan refers to the rational approach of allocating available resources
as equitably as possible among competing user groups and for different functions con-
sistent with the development plan of the area and the Program under this Act;
l. Onsite development refers to the process of upgrading and rehabilitation of
blighted slum urban areas with a view of minimizing displacement of dwellers in said
areas, and with provisions for basic services as provided for in Section 21 hereof;
m. Professional squatters refers to individuals or groups who occupy lands with-
out the express consent of the landowner and who have sufficient income for legitimate
housing. The term shall also apply to persons who have previously been awarded home-
lots or housing units by the government but who sold, leased or transferred the same to
settle illegally in the same place or in another urban area, and non-bona fide occupants
and intruders of lands reserved for socialized housing. The term shall not apply to indi-
viduals or groups who simply rent land and housing from professional squatters or
squatting syndicates;
n. Resettlement areas refers to areas identified by the appropriate national
agency or by the local government unit with respect to areas within its jurisdiction,
which shall be used for the relocation of the underprivileged and homeless citizens;
887
HUMAN HABITAT
o. Security of tenure refers to the degree of protection afforded to qualified Pro-

gram beneficiaries against infringement or unjust, reasonable and arbitrary eviction or
disposition, by virtue of the right of ownership, lease agreement, usufruct and other
contractual arrangements;
p. Slum Improvement and Resettlement Program (SIR) refers to the program of
the National Housing Authority of upgrading and improving blighted squatter areas
outside of Metro Manila pursuant to existing statutes and pertinent executive issu-
ances;
q. Small property owners refers to those whose only real property consists of
residential lands not exceeding three hundred square meters (300 sq.m.) in highly ur-
banized cities and eight hundred square meters (800 sq.m.) in other urban areas;
r. Socialized housing refers to housing programs and projects covering houses
and lots or homelots only undertaken by the government or the private sector for the
underprivileged and homeless citizens which shall include sites and services develop-
ment, long-term financing, liberalized terms on interest payments, and such other bene-
fits in accordance with the provisions of this Act;
s. Squatting syndicates refers to groups of persons engaged in the business of
squatter housing for profit or gain;
t. Underprivileged and homeless citizens refers to the beneficiaries of this Act
and to individuals or families residing in urban and urbanizable areas whose income or
combined household income falls within the poverty threshold as defined by the Na-
tional Economic and Development Authority and who do not own housing facilities.
This shall include those who live in makeshift dwelling units and do not enjoy security
of tenure;
u. Unregistered or abandoned lands refers to lands in urban and urbanizable ar-
eas which are not registered with the Register of Deeds, or with the city or municipal
assessor’s office concerned, or which are uninhabited by the owner and have not been
developed or devoted for any useful purpose, or appears unutilized for a period of three
(3) consecutive years immediately prior to the issuance and receipt of publication of
notice of acquisition by the government as provided under this Act. It does not include
land which has been abandoned by reason of force majeure or any other fortuitous
event: Provided, That prior to such event, such land was previously used for some use-
ful or economic purpose;
v. Urban areas refers to all cities regardless of their population density and to
municipalities with a population density of at least five hundred (500) persons per
square kilometers;
w. Urbanizable areas refers to sites and lands which, considering present charac-
teristics and prevailing conditions, display marked and great potential of becoming
urban areas within the period of five (5) years; and
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URBAN HOUSING
x. Zonal Improvement Program (ZIP) refers to the program of the National Hous-
ing Authority of upgrading and improving blighted squatter areas within the cities and
municipalities of Metro Manila pursuant to existing statutes and pertinent executive
issuances.
Coverage and Exemptions

Article 2
SEC. 4. Coverage.—The Program shall cover all lands in urban and urbanizable
areas, including existing areas for priority development sites, and in other areas that
may be identified by the local government units as suitable for socialized housing.
SEC. 5. Exemptions.—The following lands shall be exempt from the coverage of
this Act:
a. Those included in the coverage of Republic Act No. 6657, otherwise known as
the Comprehensive Agrarian Reform Law;
b. Those actually used for national defense and security of the State;
c. Those used, reserved or otherwise set aside for government offices, facilities
and other installations, whether owned by the national government, its agencies and
instrumentalities, including government-owned or controlled corporations, or by the
local government units:
Provided, however, That the lands herein mentioned, or portions thereof, which
have not been used for the purpose for which they have been reserved or set aside for
the past ten (10) years from the effectivity of this Act, shall be covered by this Act;
d. Those used or set aside for parks, reserves for flora and fauna, forests and wa-
tersheds, and other areas necessary to maintain ecological balance or environmental
protection, as determined and certified to by the proper government agency; and
e. Those actually and primarily used for religious, charitable, or educational pur-
poses, cultural and historical sites, hospitals and health centers, and cemeteries or
memorial parks.
The exemptions herein provided shall not apply when the use or purpose of the
abovementioned lands has ceased to exist.
National Urban Development and Housing Framework

Article 3
SEC. 6. Framework for Rational Development.—There shall be a National Ur-

ban Development and Housing Framework to be formulated by the Housing and Land
Use Regulatory Board under the direction of the Housing and Urban Development Co-
ordinating Council in coordination with all local government units and other concerned
public and private sectors within one (1) year from the effectivity of this Act.
889
HUMAN HABITAT
The framework shall refer to the comprehensive plan for urban and urbanizable
areas aimed at achieving the objectives of the Program. In the formulation of the
framework, a review and rationalization of existing town and land use plans, housing
programs, and all other objectives and activities of government agencies and the private
sector which may substantially affect urban land use patterns, transportation and pub-
lic utilities, infrastructure, environment and population movement shall be undertaken
with the concurrence of the local government units concerned.
Land Use, Inventory, Acquisition, and Disposition

Article 4
SEC. 7. Inventory of Lands.—Within one (1) year from the effectivity of this Act,
all city and municipal governments shall conduct an inventory of all kinds and im-
provements thereon within their respective localities. The inventory shall include the
following:
a. Residential lands
b. Government-owned lands, whether owned by the national government or any
of its subdivisions, instrumentalities, or agencies, including government-owned or con-
trolled corporations and their subsidiaries
c. Unregistered or abandoned and idle lands
d. Other lands
In conducting the inventory, the local government units concerned, in coordination
with the Housing and Land Use Regulatory Board and with the assistance of the ap-
propriate government agencies, shall indicate the type of land use and the degree of
land utilization, and other data or information necessary to carry out the purposes of
this Act.
For planning purposes, the Housing and Urban Development Coordinating Coun-
cil shall be furnished by each local government unit a copy of its inventory which shall
be updated every three (3) years.
SEC. 8. Identification of Sites for Socialized Housing.—After the inventory the
local government units, in coordination with the National Housing Authority, the Hous-
ing and Land Use Regulatory Board, the National Mapping Resource Information Au-
thority, and the Land Management Bureau, shall identify lands for socialized housing
and resettlement areas for the immediate and future needs of the underprivileged and
homeless in the urban areas, taking into consideration and degree of availability of
basic services and facilities, their accessibility and proximity of job sites and other eco-
nomic opportunities, and the actual number of registered beneficiaries.
Government-owned lands under paragraph (b) of the preceding section which have
not been used for the purpose for which they have been reserved or set aside for the
past ten (10) years from the effectivity of this Act and identified as suitable for social-
ized housing, shall immediately be transferred to the National Housing Authority sub-
890
URBAN HOUSING
ject to the approval of the President of the Philippines or by the local government unit
concerned, as the case may be, for proper disposition in accordance with this Act.
SEC. 9. Priorities in the Acquisition of Land.—Lands for socialized housing shall
be acquired in the following order:
a. Those owned by the government or any of its subdivisions, instrumentalities,
or agencies, including government-owned or controlled corporations and their subsidiar-
ies
b. Alienable lands of the public domain
c. Unregistered or abandoned and idle lands
d. Those within the declared Areas for Priority Development, Zonal Improvement
Program sites, and Slum Improvement and Resettlement Program sites which have not
yet been acquired
e. Bagong Lipunan Improvement of Sites and Services (BLISS) sites which have
not yet been acquired
f. Privately-owned lands
Where open-site development is found more practicable and advantageous to the
beneficiaries, the priorities mentioned in this section shall not apply. The local govern-
ment units shall give budgetary priority to onsite development of government lands.
SEC. 10. Modes of Land Acquisition.—The modes of acquiring lands for pur-
poses of this Act shall include, among others, community mortgage, land swapping, land
assembly or consolidation, land banking, donation to the government, joint-venture
agreement, negotiated purchase, and expropriation: Provided, however, That expropria-
tion shall be resorted to only when other modes of acquisition have been exhausted:
Provided, further, That where expropriation is resorted to, parcels of land owned by
small property owners shall be exempted for purposes of this Act: Provided, finally,
That abandoned property, as herein defined, shall be reverted and escheated to the
State in a proceeding analogous to the procedure laid down in Rule 91 of the Rules of
Court.
For the purpose of socialized housing, government-owned and foreclosed properties
shall be acquired by the local government units, or by the National Housing Authority
primarily through negotiated purchase: Provided, That qualified beneficiaries who are
actual occupants of the land shall be given the right of first refusal.
SEC. 11. Expropriation of Idle Lands.—All idle lands in urban and urbanizable
areas, as defined and identified in accordance with this Act, shall be expropriated and
shall form part of the public domain. These lands shall be disposed of or utilized by the
government for such purposes that conform with their land use plans. Expropriation
proceedings shall be instituted if, after the lapse of one (1) year following receipt of
notice of acquisition, the owner fails to introduce improvements as defined in Section 3
(f) hereof, except in the case of force majeure and other fortuitous events. Exempted
891
HUMAN HABITAT
from this provision, however, are residential lands owned by small property owners or
those the ownership of which is subject of a pending litigation.
SEC. 12. Disposition of Lands for Socialized Housing.—The National Housing
Authority, with respect to lands belonging to the national government, and the local
government units with respect to other lands within their respective localities, shall
coordinate with each other to formulate and make available various alternative
schemes for the disposition of lands to the beneficiaries of the Program. These schemes
shall not be limited to those involving transfer of ownership in fee simple but shall
include lease, with option to purchase, usufruct or such other variations as the local
government units or the National Housing Authority may deem most expedient in car-
rying out the purposes of this Act.
Consistent with this provision, a scheme for public rental housing may be adopted.
SEC. 13. Valuation of Lands for Socialized Housing.—Equitable land valuation
guidelines for socialized housing shall be set by the Department of Finance on the basis
of the market value reflected in the zonal valuation, or in its absence, on the latest real
property tax declaration.
For sites already occupied by qualified Program beneficiaries, the Department of
Finance shall factor into the valuation the blighted status of the land as certified by the
local government unit or the National Housing Authority.
SEC. 14. Limitations on the Disposition of Lands for Socialized Housing.—No
land for socialized housing, including improvements or rights thereon, shall be sold,
alienated, conveyed, encumbered or leased by any beneficiaries as determined by the
government agency concerned.
Should the beneficiary unlawfully sell, transfer, or otherwise dispose of his lot or
any right thereon, the transaction shall be null and void. He shall also lose his right to
the land, forfeit the total amortization paid thereon, and shall be barred from the bene-
fits under this Act for a period of ten (10) years from the date of violation.
In the event the beneficiary dies before full ownership of the land is vested on him,
transfer to his heirs shall take place only upon their assumption of his outstanding
obligations. In case of failure by the heirs to assume such obligations, the land shall
revert to the government for disposition in accordance with this Act.
Socialized Housing
Article 5
SEC. 15. Policy.—Socialized housing, as defined in Section 3 hereof, shall be the

primary strategy in providing shelter for the underprivileged and homeless. However, if
the tenurial arrangement in a particular socialized housing program is in the nature of
leasehold or usufruct, the same shall be transitory and the beneficiaries must be en-
892
URBAN HOUSING
couraged to become independent from the Program within a given period of time, to be
determined by the implementing agency concerned.
SEC. 16. Eligibility Criteria for Socialized Housing Program Beneficiaries.—To
qualify for the socialized housing program, a beneficiary:
a. Must be a Filipino citizen
b. Must be an underprivileged and homeless citizen, as defined in Section 3 of
this Act
c. Must not own any real property whether in the urban or rural areas
d. Must not be a professional squatter or a member of squatting syndicates
SEC. 17. Registration of Socializing Housing Beneficiaries.—The Housing and
Urban Development Coordinating Council, in coordination with the local government
units, shall design a system for the registration of qualified Program beneficiaries in
accordance with the Framework. The local government units, within one (1) year from
the effectivity of this Act, shall identify and register all beneficiaries within their re-
spective localities.
SEC. 18. Balanced Housing Development.—The Program shall include a system
to be specified in the framework plan whereby developers of proposed subdivision pro-
jects shall be required to develop an area for socialized housing equivalent to at least
twenty percent (20%) of the total subdivision area or total subdivision project cost, at
the option of the developer, within the same city or municipality, whenever feasible,
and in accordance with the standards set by the Housing and Land Use Regulatory
Board and other existing laws. The balanced housing development as herein required
may also be complied with by the developers concerned in any of the following manner:
a. Development of new settlement
b. Slum upgrading or renewal of areas for priority development either through
zonal improvement programs or slum improvement and resettlement programs
c. Joint venture projects with either the local government units or any of the
housing agencies
d. Participation in the community mortgage program
SEC. 19. Incentives for the National Housing Authority.—The National Housing
Authority, being the primary government agency in charge of providing housing for the
underprivileged and homeless, shall be exempted from the payment of all fees and
charges of any kinds, whether local or national, such as income and real taxes. All
documents or contracts executed by and in favor of the National Housing Authority
shall also be exempt from the payment of documentary stamp tax and registration fees,
including fees required for the issuance of transfer certificates of titles.
SEC. 20. Incentives for Private Sector Participating in Socialized Housing.—To
encourage greater private sector participation in socialized housing and further reduce
893
HUMAN HABITAT
the cost of housing units for the benefit of the underprivileged and homeless, the follow-
ing incentives shall be extended to the private sectors:
a. Reduction and simplification of qualification and accreditation requirements
for participating private developers;
b. Creation of one-stop offices in the different regions of the country for the proc-
essing, approval and issuance of clearances, permits and licenses: Provided, That
clearances, permits and licenses shall be issued within ninety (90) days from the date of
submission of all requirements by the participating private developers;
c. Simplification of financing procedures; and
d. Exemption from the payment of the following:
1. Project-related income taxes;
2. Capital gains tax on raw lands used for the project;
3. Value-added tax for the project contractor concerned;
4. Transfer tax for both raw completed projects; and
5. Donor’s tax for lands certified by the local government units to have been
donated to socialized housing purposes.
Provided, That upon application for exemption, a lien on the title of the land shall
be annotated by the Register of Deeds: Provided, further, That the socialized housing
development plan has already been approved by the appropriate government agencies
concerned: Provided, finally, That all the savings acquired by virtue of this provision
shall accrue in favor of the beneficiaries subject to the implementing guidelines to be
issued by the Housing and Urban Development Coordinating Council.
Appropriate implementing guidelines shall be prepared by the Department of Fi-
nance, in consultation with the Housing and Urban Development Coordinating Council,
for the proper implementation of the tax exemption mentioned in this section within
one (1) year after the approval of this Act.
Property owners who voluntarily provide resettlement sites to illegal occupants of
their lands shall be entitled to a tax credit equivalent to the actual non-recoverable
expenses incurred in the resettlement, subject to the implementing guidelines jointly
issued by the Housing and Urban Development Coordinating Council and the Depart-
ment of Finance.
SEC. 21. Basic Services.—Socialized housing or resettlement areas shall be pro-
vided by the local government unit or the National Housing Authority in cooperation
with the private developers and concerned agencies with the following basic services
and facilities:
a. Potable water
b. Power and electricity and an adequate power distribution system
c. Sewerage facilities and an efficient and adequate solid waste disposal system
d. Access to primary roads and transportation facilities
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URBAN HOUSING
The provisions of other basic services and facilities such as health, education,
communications, security, recreation, relief, and welfare shall be planned and shall be
given priority for implementation by the local government unit and concerned agencies
in cooperation with the private sector and the beneficiaries themselves.
The local government unit, in coordination with the concerned national agencies,
shall ensure that these basic services are provided at the most cost-efficient rates, and
shall set a mechanism to coordinate operationally the thrusts, objectives, and activities
of other government agencies concerned with providing basic services to housing pro-
jects.
SEC. 22. Livelihood Component.—To the extent feasible, socialized housing and
resettlement projects shall be located near areas where employment opportunities are
accessible. The government agencies dealing with the development of livelihood pro-
grams and grant of livelihood loans shall give priority to the beneficiaries of the Pro-
gram.
SEC. 23. Participation of Beneficiaries.—The local government units, in coordi-
nation with the Presidential Commission for the Urban Poor and concerned government
agencies, shall afford Program beneficiaries or their duly designated representatives an
opportunity to be heard and to participate in the decision-making process over matters
involving the protection and promotion of their legitimate collective interest which shall
include appropriate documentation and feedback mechanisms. They shall also be en-
couraged to organize themselves and undertake self-help cooperative housing and other
livelihood activities. They shall assist the government in preventing the incursions of
professional squatters and members of squatting syndicates into their communities.
In instances when the affected beneficiaries have failed to organize themselves or
form an alliance within a reasonable period prior to the implementation of the program
or projects affecting them, consultation between the implementing agency and the af-
fected beneficiaries shall be conducted with the assistance of the Presidential Commis-
sion for the Urban Poor and the concerned nongovernmental organization.
SEC. 24. Consultation with Private Sector.—Opportunities for adequate consul-
tation shall be accorded to the private sector involved in socialized housing project pur-
suant to this Act.
Areas for Priority Development, Zonal Improvement Program Sites,

and Slum Improvement and Resettlement Programs Sites
Article 6
SEC. 25. Benefits.—In addition to the benefits provided under existing laws and
other related issuance to occupants of areas for priority development, zonal improve-
ment program sites and slum improvement and resettlement program sites, such occu-
pants shall be entitled to priority in all government projects initiated pursuant to this
Act. They shall also be entitled to the following support services:
895
HUMAN HABITAT
a. Land surveys and titling at minimal cost;

b. Liberalized terms on credit facilities and housing loans and one hundred per-
cent (100%) deduction from every home buyer’s gross income tax of all interest pay-
ments made on documented loans incurred for the construction or purchase of the home
buyer’s house;
c. Exemption from the payment of documentary stamp tax, registration fees, and
other fees for the issuance of transfer certificate of titles;
d. Basic services as provided for in Section 21 of this Act; and
e. Such other benefits that may arise from the implementation of this Act.
Urban Renewal and Resettlement

Article 7
SEC. 26. Urban Renewal and Resettlement.—This shall include the rehabilita-
tion and development of blighted and slum areas and the resettlement of Program bene-
ficiaries in accordance with the provisions of this Act. Onsite development shall be im-
plemented whenever possible in order to ensure minimum resettlement of the benefici-
aries of the Program from their existing places of occupancy shall be undertaken only
when onsite development is not feasible and after compliance with the procedures laid
down in Section 28 of this Act.
SEC. 27. Action Against Professional Squatters and Squatting Syndicates.—The
local government units, in cooperation with the Philippine National Police, the Presi-
dential Commission for the Urban Poor (PCUP), and the PCUP-accredited urban poor
organization in the area, shall adopt measures to identify and effectively curtail the
nefarious and illegal activities of professional squatters and squatting syndicates, as
herein defined.
Any person or group identified as such shall be summarily evicted and their dwell-
ings or structures demolished, and shall be disqualified to avail of the benefits of the
Program. A public official who tolerates or abets the commission of the abovementioned
acts shall be dealt with in accordance with existing laws.
For purposes of this Act, professional squatters or members of squatting syndi-
cates shall be imposed the penalty of six (6) years imprisonment or a fine of not less
than Sixty Thousand Pesos (P60,000.00) but not more than One Hundred Thousand
Pesos (P100,000), or both, at the discretion of the Court.
SEC. 28. Eviction and Demolition.—Eviction or demolition as a practice shall be
discouraged. Eviction or demolition, however, may be allowed under the following situa-
tions:
a. When persons or entities occupy danger areas such as esteros, railroad tracks,
garbage dumps, riverbanks, shorelines, waterways, and other public places such as
sidewalks, roads, parks, and playgrounds;
896
URBAN HOUSING
b. When government infrastructure projects with available funding are about to

be implemented; or
c. When there is a court order for eviction and demolition.
In the execution of eviction or demolition orders involving underprivileged and
homeless citizens, the following shall be mandatory:
1. Notice upon the effected persons or entities at least thirty (30) days prior
to the date of eviction or demolition;
2. Adequate consultations on the matter of settlement with the duly desig-
nated representatives of the families to be resettled and the affected communities
in the areas where they are to be relocated;
3. Presence of local government officials or their representatives during
eviction or demolition;
4. Proper identification of all persons taking part in the demolition;
5. Execution of eviction or demolition only during regular office hours from
Mondays to Fridays and during good weather, unless the affected families consent
otherwise;
6. No use of heavy equipment for demolition except for structures that are
permanent and of concrete materials;
7. Proper uniforms for members of the Philippine National Police who shall
occupy the first line of law enforcement and observe proper disturbance control
procedures; and
8. Adequate relocation, whether temporary or permanent: Provided, how-
ever, That in cases of eviction and demolition pursuant to a court order involving
underprivileged and homeless citizens, relocation shall be undertaken by the local
government unit concerned and the National Housing Authority with the assis-
tance of other government agencies within forty-five (45) days from service of no-
tice of final judgment by the court, after which period the said order shall be exe-
cuted: Provided, further, That should relocation not be possible within the said
period, financial assistance in the amount equivalent to the prevailing minimum
daily wage multiplied by sixty (60) days shall be extended to the affected families
by the local government unit concerned.
The Department of the Interior and Local Government and the Housing and Ur-
ban Development Coordinating Council shall jointly promulgate the necessary rules
and regulations to carry out the above provision.
SEC. 29. Resettlement.—Within two (2) years from the effectivity of this Act, the
local government units, in coordination with the National Housing Authority, shall
implement the relocation and resettlement of persons living in danger areas such as
esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and in
other public places as sidewalks, roads, parks, and playgrounds. The local government
897
HUMAN HABITAT
unit, in coordination with the National Housing Authority, shall provide relocation or
resettlement sites with basic services and facilities and access to employment and live-
lihood opportunities sufficient to meet the basic needs of the affected families.
SEC. 30. Prohibition Against New Illegal Structures.—It shall be unlawful for
any person to construct any structure in areas mentioned in the preceding section.
After the effectivity of this Act, the barangay, municipal or city government units
shall prevent the construction of any kind of illegal dwelling units or structures within
their respective localities. The head of any local government unit concerned who allows,
abets or otherwise tolerates the construction of any structure in violation of this section
shall be liable to administrative sanctions under existing laws and to penal sanctions
provided for in this Act.
Community Mortgage Program

Article 8
SEC. 31. Definition.—The Community Mortgage Program (CMP) is a mortgage

financing program of the National Home Mortgage Finance Corporation which assists
legally organized associations of underprivileged and homeless citizens to purchase and
develop a tract of land under the concept of community ownership. The primary objec-
tive of the program is to assist residents of blighted or depressed areas to own the lots
they occupy, or where they choose to relocate to, and eventually improve their
neighborhood and homes to the extent of their affordability.
SEC. 32. Incentives.—To encourage its wider implementation, participants in
the CMP shall be granted with the following privileges or incentives:
a. Government-owned or controlled corporations and local government units, may
dispose of their idle lands suitable for socialized housing under the CMP through nego-
tiable sale at prices based on acquisition cost plus financial carrying costs;
b. Properties sold under the CMP shall be exempted from the capital gains tax;
and
c. Beneficiaries under the CMP shall not be evicted nor dispossessed of their
lands or improvements unless they have incurred arrearages in payments of amortiza-
tion for three (3) months.
SEC. 33. Organization of Beneficiaries.—Beneficiaries of the Program shall be
responsible for their organization into associations to manage their subdivisions or
places of residence, to secure housing loans under existing Community Mortgage Pro-
gram and such other projects beneficial to them. Subject to such rules and regulations
to be promulgated by the National Home Mortgage Finance Corporation, associations
organized pursuant to this Act may collectively acquire and own lands covered by this
Program. Where the beneficiaries fail to form an association by and among themselves,
the National Home Mortgage Finance Corporation shall initiate the organization of the
898
URBAN HOUSING
same in coordination with the Presidential Commission for the Urban Poor and the
local government units concerned. No person who is not a bona fide resident of the area
shall be a member or officer of such association.
Related Strategies
Article 9
SEC. 34. Promotion of Indigenous Housing Materials and Technologies.—The lo-

cal government units, in cooperation with the National Housing Authority, Technology
and Livelihood Resource Center, and other concerned agencies, shall promote the pro-
duction and use of indigenous, alternative, and low-cost construction materials and
technologies for socialized housing.
SEC. 35. Transport System.—The local government units, in coordination with
the Departments of Transportation and Communications, Budget and Management,
Trade and Industry, Finance, and Public Works and Highways, the Home Insurance
Guaranty Corporation, and other concerned government agencies, shall device a set of
mechanisms including incentives to the private sector so that a viable transport system
shall evolve and develop in the urban areas. It shall also formulate standards designed
to attain these objectives:
a. Smooth flow of traffic
b. Safety and convenience of travel
c. Minimum use of land space
d. Minimum damage to the physical environment
e. Adequate and efficient transport service to the people and goods at minimum
cost
SEC. 36. Ecological Balance.—The local government units shall coordinate with
the Department of Environment and Natural Resources in taking measures that will
plan and regulate urban activities for the conservation and protection of vital, unique
and sensitive ecosystems, scenic landscapes, cultural sites and other similar resource
areas.
To make the implementation of this function more effective, the active participa-
tion of the citizenry in environmental rehabilitation and in decision-making process
shall be promoted and encouraged. The local government units shall recommend to the
Environmental and Management Bureau the immediate closure of factories, mines, and
transport companies which are found to be causing massive pollution.
SEC. 37. Population Movements.—The local government units shall set up an ef-
fective mechanism, together with the appropriate agencies like the Population Commis-
sion, the National Economic and Development Authority and the National Statistics
Office, to monitor trends in the movements of population from rural to urban, urban to
urban, and urban to rural areas. They shall identify measures by which such move-
899
HUMAN HABITAT
ments can be influenced to achieve balance between urban capabilities and population,
to direct appropriate segments of the population into areas where they can have access
to opportunities to improve their lives and to contribute to national growth and recom-
mend proposed legislation to Congress, if necessary.
The Population Commission, the National Economic and Development Authority,
and the National Statistics Office shall likewise provide advanced planning information
to national and local government planners on population projections and the consequent
level of services needed in particular urban and urbanizable areas. This service will
include early warning systems on expected dysfunctions in a particular urban area due
to population increases, decreases, or age structure changes.
SEC. 38. Urban Rural Interdependence.—To minimize rural to urban migration
and pursue urban decentralization, the local government units shall coordinate with the
National Economic and Development Authority and other government agencies in the
formulation of national development programs that will stimulate economic growth and
promote socioeconomic development in the countryside.
Program Implementation
Article 10
SEC. 39. Role of Local Government Units.—The local government units shall be
charged with the implementation of this Act in their respective localities, in coordina-
tion with the Housing and Urban Development Coordinating Council, the national
housing agencies, the Presidential Commission for the Urban Poor, the private sector
and other non-government organizations.
They shall prepare a comprehensive land use plan for their respective localities in
accordance with the provisions of this Act.
SEC. 40. Role of Government Housing Agencies.—In addition to their respective
existing powers and functions, and those provided for in this Act, the hereunder men-
tioned housing agencies shall perform the following:
a. The Housing and Urban Development Coordinating Council shall, through the
key housing agencies, provide local government units with necessary support such as:
1. Formulation of standards and guidelines as well as providing technical
support in the preparation of town and land use plans;
2. In coordination with the National Economic and Development Authority
and the National Statistics Office, provide data and information for forward-
planning by the local government units in their areas, particularly on projections
as to the population and development trends in their localities and the correspond-
ing investment programs needed to provide appropriate types and levels of infra-
structure, utilities, services and land use patterns; and
900
URBAN HOUSING
3. Assistance in obtaining funds and other resources needed in the urban

development and housing programs in their areas of responsibility.
b. The National Housing Authority, upon request of local government units, shall
provide technical and other forms of assistance in the implementation of their respec-
tive urban development and housing programs with the objective of augmenting and
enhancing local government capabilities in the provision of housing benefits to their
constituents;
c. The National Home Mortgage Finance Corporation shall administer the Com-
munity Mortgage Program under this Act and promulgate rules and regulations neces-
sary to carry out the provisions of this Act; and
d. The Home Insurance Guaranty Corporation shall design an appropriate guar-
antee scheme to encourage financial institutions to go into direct lending for housing.
SEC. 41. Annual Report.—The Housing and Urban Development Coordinating
Council and the local government units shall submit a detailed annual report with re-
spect to the implementation of this Act to the President and the Congress of the Repub-
lic of the Philippines.
Funding
Article 11
SEC. 42. Funding.—Funds for the urban development and housing program
shall come from the following sources:
a. A minimum of fifty percent (50%) from the annual net income of the Public Es-
tate Authority, to be used by the National Housing Authority to carry out its programs
of land acquisition for resettlement purposes under this Act;
b. Proceeds from the disposition of ill-gotten wealth, not otherwise previously set
aside for any other purpose, shall be applied to the implementation of this Act and shall
be administered by the National Home Mortgage Finance Corporation;
c. Loans, grants, bequests, and donations, whether from local or foreign sources;
d. Flotation of bonds, subject to the guidelines to be set by the Monetary Board;
e. Proceeds from the social housing tax and, subject to the concurrence of the lo-
cal government units concerned, idle lands tax as provided in Section 236 of the Local
Government Code of 1991 and other existing laws;
f. Proceeds from the sale or disposition of alienable public lands in urban areas;
and
g. Domestic and foreign investment or financing through appropriate arrange-
ments like the build-operate-and-transfer scheme.
SEC. 43. Socialized Housing Tax.—Consistent with the constitutional principle
that the ownership and enjoyment of property bear a social function and to raise funds
901
HUMAN HABITAT
for the Program, all local government units are hereby authorized to impose an addi-
tional one-half percent (0.5%) tax on the assessed value of all lands in urban areas in
excess of fifty thousand pesos (P50,000).
Article 12
SEC. 44. Moratorium on Eviction and Demolition.—There shall be a morato-

rium on the eviction of all program beneficiaries and on the demolition of their houses
or dwelling units for a period of three (3) years from the effectivity of this Act: Provided,
That the moratorium shall not apply to those persons who have constructed their struc-
tures after the effectivity of this Act and for cases enumerated in Section 28 hereof.
Common Provisions
Article 13
SEC. 45. Penalty Clause.—Any person who violates any provision of this Act
shall be imposed the penalty of not more than six (6) years of imprisonment or a fine of
not less than Five Thousand Pesos (P5,000) but not more than One Hundred Thousand
pesos (P100,000), or both, at the discretion of the court: Provided, That, if the offender is
a corporation, partnership, association or other juridical entity, the penalty shall be
imposed on the officer or officers of said corporation, partnership, association or juridi-
cal entity who caused the violation.
SEC. 46. Appropriations.—The amount necessary to carry out the purposes of
this Act shall be included in the annual budget of implementing agencies in the General
Appropriations Act of the year following its enactment into law and every year thereaf-
ter.
SEC. 47. Separability Clause.—If for any reason, any provision of this Act shall
be declared valid or unconstitutional, the remaining provisions not affected thereby
shall continue to be in full force and effect.
SEC. 48. Repealing Clause.—All laws, decrees, executive orders, proclamations,
rules and regulations, and other issuances, or parts thereof which are inconsistent with
the provisions of this Act, are hereby repealed or modified accordingly.
SEC. 49. Effectivity Clause.—This Act shall take effect upon its publication in at
least two (2) national newspapers of general circulation.
Approved: March 24, 1992
902
HOUSING AND LAND USE REGULATORY BOARD
7
Housing and Land Use Regulatory Board (Executive Order No. 648)
Whereas, it is the national policy to promote innovative land development and

land use control measures as a technology for building communities;
Whereas, it is necessary to provide full support to the government’s policies and
programs on Human Settlements through effective land use and development control
measures by strengthening the regulatory arm of the Ministry of Human Settlements;
Whereas, under Presidential Decree No. 1416, the President is empowered to un-
dertake such organizational and related improvements as may be appropriate in the
Light of Changing Circumstances and New Developments.
the powers vested in me by the Constitution and the Authority vested in me by the
Presidential Decree No. 1416, do hereby order and ordain:
Title
Article 1
SECTION 1. Title.—This shall be known as the “Charter of the Human Settle-

ments Regulatory Commission.”
Declaration of Policies
Article 2
SEC. 2. Declaration of Policies and Objectives.—It is hereby declared to be the

policy of the state to implement an integrated program of land use control for the entire
country in accordance with the following objectives:
a. To foster the growth and renewal of our Urban and Rural communities in an
integrative manner that promotes optimum land use, adequate shelter, and environ-
mental protection, all these towards the development of man as a total human being.
b. To bring about the optimum use of land as a national resource for public welfare
rather than as a commodity of trade subject to price speculation and indiscriminate use.
c. To enforce, implement, coordinate, streamline, improve, and optimize land use
policies and regulations on human settlements, including the implementation and en-
forcement of the regulatory aspect of the Urban Land Reform Program, the Subdivision
_______________________
7
A complete e-copy of this Executive Order is also available in pdf format at
http://www3.hlurb.gov.ph/yabbse/attachments/eo_648.pdf. The Housing and Land Use Regulatory
Board (HLURB) was originally named as the Human Settlements Regulatory Commission under
E.O. No 648, Series of 1981. This was renamed as HLURB in E.O. No. 90, Series of 1986. It is
mandated as “the sole regulatory body for housing and land development” (Executive Order No.
90, Series of 1986, Sec. 1(c)). The powers and functions of HLURB are reaffirmed in RA 7279 also
known as the Urban and Housing Development Act of 1992.
903
HUMAN HABITAT
and Condominium Buyer’s Protective Decree, Land Value and Building Rental regula-
tions and other related laws.
Definitions
Article 3
SEC. 3. Definitions.—For the purpose of this Order and the rules and regula-
tions promulgated thereunder, the terms or words used herein shall, unless the context
indicates otherwise, mean or be understood to mean as follows:
a. Commission means the Human Settlements Regulatory Commission.
b. Commission proper refers to the commissioners of the Commission appointed
by the President and its ex-officio members provided for in Section 6 of this Order.
c. Function includes powers and duties.
Establishment, Constitution, Powers, Duties

Article 4
“In a time of change, it is learners who inherit the future, the learned find themselves
equipped to live only in a world that no longer exists.”— Eric Hofer
(Y. Lee)
SEC. 4. Creation of the Human Settlements Regulatory Commission

a. There is hereby established a Human Settlements Regulatory Commission,
hereinafter referred to as the Commission, with powers and attributes of a quasi-
judicial body which shall be attached to the Ministry of Human Settlements.
904
SEC. 5. Powers and Duties of the Commission

a. Promulgate zoning and other land use control standards and guidelines which
shall govern land use plans and zoning ordinances of local governments; the zoning
components of civil works and infrastructure projects of the national, regional and local
governments; subdivision or estate development projects of both the public and private
sectors; and urban renewal plans, programs and projects: provided that the zoning and
other land use control standards and guidelines to be promulgated hereunder shall
respect the classification of public lands for forest purposes as certified by the Ministry
of Natural Resources.
b. Review, evaluate and approve or disapprove comprehensive land use develop-
ment plans and zoning ordinances of local government; and the zoning component of
civil works and infrastructure projects of national, regional and local governments;
subdivisions, condominiums or estate development projects including industrial estates,
of both the public and private sectors and urban renewal plans, programs and projects:
Provided, That the land use Development Plans and Zoning Ordinances of Local Gov-
ernments herein subject to review, evaluation and approval of the commission shall
respect the classification of public lands for forest purposes as certified by the Ministry
of Natural Resources: Provided, further, That the classification of specific alienable and
disposable lands by the Bureau of Lands shall be in accordance with the relevant zoning
ordinance of Local government where it exists: and Provided, finally, That in cities and
municipalities where there are as yet no zoning ordinances, the Bureau of Lands may
dispose of specific alienable and disposable lands in accordance with its own classifica-
tion scheme subject to the condition that the classification of these lands may be subse-
quently changed by the local governments in accordance with their particular zoning
ordinances which may be promulgated later.
c. Issue rules and regulations to enforce the land use policies and human settle-
ments as provided for in Presidential Decree Nos. 399, 815, 933, 957, 1216, 1344, 1396,
1517, Letter of Instruction Nos. 713, 729, 833, 935 and other related laws regulating the
use of land including the regulatory aspects of the Urban Land Reform Act and all de-
crees relating to regulation of the value of land and improvements, and their rental.
d. Ensure compliance with policies, plans, standards, and guidelines on human
settlements promulgated in paragraph (a) of this Section.
e. Conduct public hearings relating to its functions.
f. Act as the appellate body on decisions and actions of local and regional plan-
ning and zoning bodies and of the deputized officials of the Commission, on matters
arising from the performance of these functions.
g. Promote, encourage, coordinate, and assist private enterprises and govern-
ment agencies and instrumentalities in planning, developing, and coordinating human
settlements plans and programs by furnishing legal, technical, and professional assis-
tance.
905
HUMAN HABITAT
h. Develop and implement prototype projects supportive of its regulatory func-

tions either by itself or as part of an inter-agency group or by contract with such appro-
priate public or private entities as it may deem proper.
i. Call on any government employee or any department, bureau, office, agency,
or instrumentality of the government or private entities and organizations for coopera-
tion and assistance in the exercise of its functions.
j. Adopt rules of procedures for the conduct of its business.
k. Staff its organization with appropriate and qualified personnel in accordance
with what is deemed proper or necessary to achieve the objectives of the Commission.
l. Make or enter into contracts of any kind of nature to enable it to discharge its
functions under this Order.
m. Acquire, purchase, own, lease, mortgage, sell, or otherwise dispose of any land,
or any improvements thereon, or property of any kind, movable and immovable, exer-
cise the right of eminent domain by expropriating the land improvements thereon,
which in the opinion of the Commission, are vital and necessary to develop and imple-
ment prototype projects supportive of its regulatory functions.
n. Charge and collect fees in the performance of its functions.
o. Impose administrative fine not exceeding Twenty Thousand Pesos
(P20,000.00) for any violation of its charter and of its rules and regulations.
p. Issue orders after conducting the appropriate investigation for the cessation or
closure of any use or activity and to issue orders to vacate or demolish any building or
structure that is determined to have violated or failed to comply with any of the laws,
presidential decrees, letters of instructions, executive orders, and other presidential
issuances and directives being implemented by it, either on its own motion or upon
complaint of any interested party.
q. Cite and declare any person, entity, or enterprise in contempt of the Commis-
sion in the following case:
1. Whenever any person, entity, or enterprise commits any disorderly or
disrespectful conduct before the Commission or in the presence of its members or
authorized representatives actually engaged in the exercise of their official func-
tions or during the conduct of any hearing or official inquiry by the said Commis-
sion, at the place or near the premises where such hearing or proceeding is being
conducted which obstruct, distract, interfere or in any other way disturb, the per-
formance of such functions or the conduct of such hearing or proceeding;
2. Whenever any person, enterprise, or entity fails or refuses to comply with
or obey without justifiable reason, any lawful order, decision, writ or process of the
Commission. In connection therewith, it may in cases falling within the first para-
graph hereof, summarily impose a fine of an amount not exceeding P2,000.00 and
order the confinement of the violator for a period that shall not exceed the dura-
906
tion of the hearing or proceeding or the performance of such functions, and in

cases falling within the second paragraph, hereof, it may, in addition to the admin-
istrative fine abovementioned, impose a fine of P500.00 for each day that the viola-
tion or failure or refusal to comply continues, and order the confinement of the of-
fender until the order or decision shall have been complied with;
In case the offender is a partnership, corporation, or association or enterprise, the
above fine shall be imposed on the assets of such entity and the president, managing
partner or chief executive officer shall be ordered confined.
r. Perform such other functions and activities which are necessary for the effec-
tive accomplishment of the abovementioned functions.
No injunction or restraining order shall lie against the Commission upon the ex-
parte motion or petition filed by any person or entity in the exercise by the Commission
of its regulatory functions in support of the implementation of the Urban Land Reform
Program as declared in Proclamation Nos. 1893 and 1967 and of other programs or
projects as may be declared by the president as national priority.
Decisions of the Commission shall be appealable to the President of the Philip-
pines whose decision shall be final subject only to review by the Supreme Court by cer-
tiorari or on questions of law.
SEC. 6. Commission Proper.—
a. Composition
The powers of the Commission shall be vested in a nine-man commission hereinaf-
ter referred to as the Commission Proper which shall consist of the following members:
1. The Minister of Human Settlements or in his absence the Deputy Minis-
ter, who shall act as Chairman
2. Four full-time Commissioners to be appointed by the President, one as
the chief executive officer, and three who shall be assigned specific functions by
the Commission Proper
3. The Deputy Minister of Justice
4. The Deputy Director-General of the National Economic & Development
Authority
5. The Deputy Minister of Local Government and Community Development
6. The Deputy Minister of Public Works, as members
The four full-time commissioners and the Deputy Minister of Justice are hereby
constituted as the Executive Committee of the Commission, and said committee shall
act for and in behalf of the Commission Proper subject to the ratification of the latter.
Where a Ministry has more than one deputy minister, the minister shall designate
which deputy minister shall be a member of the Commission.
907
HUMAN HABITAT
The Commission Proper shall maintain its secretary who shall be a lawyer, to be
appointed by the Chairman upon recommendation of the chief executive officer. He
shall have the same rank, salary, and privileges as the directors of the Commission.
b. Qualification and tenure
Three of the full-time Commissioners shall be lawyers, while the other full-time
Commissioner shall have a background or experience in planning, management, or
architecture or related fields. These Commissioners shall at least have been engaged in
the practice of their respective professions or specialization or employed in an appropri-
ate office for a period at least five (5) years. All the full-time Commissioners shall be
appointed by the President for a term of six years each: Provided, however, That in the
initial appointments, the chief executive officer shall have a term of six years, while the
three others shall have terms of five years, four years, and two years respectively, as
fixed in their respective appointments.
c. Salary and privileges
The full-time Commissioners shall receive such salary and enjoy the privileges in
accordance with existing laws. The ex-officio Commissioners shall be entitled to receive
such honoraria and per diems as may be determined by the Commission Proper in ac-
cordance with existing laws and regulations.
SEC. 7. Duties and Responsibilities of the Chief Executive Officer.—The chief ex-
ecutive officer shall have the following duties and responsibilities.
a. To execute and/or administer the policies and measures approved by the
Commission Proper.
b. To appoint and maintain an adequate technical, legal and administrative staff;
subject to the approval of the Commission Proper after the initial organization of the
Commission. The Commission Proper may delegate this appointing power to the chief
executive officer.
c. To direct, manage, and supervise the day-to-day operations and internal ad-
ministration of the Commission in accordance with the policies laid down by the Com-
mission Proper.
d. To establish the internal organization of the Commission subject to the ap-
proval of the Commission Proper.
e. To prepare the agenda for the meetings of the Commission Proper.
f. To submit, for the consideration of the Commission Proper the policies and
measures which he believes necessary to carry out the purposes and provisions of this
order.
g. To enter into contracts or agreements pursuant to policies or guidelines set by
the Commission.
908
h. To represent the Commission in all dealings with other offices, agencies, and
instrumentalities of the government, persons and entities, public or private, domestic,
foreign or international, unless the chairman provides otherwise;
i. To represent the Commission, either personally or through counsel, in any le-
gal proceedings or actions;
j. To exercise such other duties and responsibilities as may be vested in or as-
signed to him by the Commission Proper.
Decisions of the chief executive officer shall be appealable to the Commission
Proper.
The chief executive officer may delegate any of his administrative responsibilities
to other officials or employees of the Commission subject to the approval of the Commis-
sion Proper.
General Provisions
Article 5
SEC. 8. Transfer of Functions.—The regulatory functions of the National Hous-

ing Authority pursuant to Presidential Decree Nos. 957, 1216, 1344 and other related
laws are hereby transferred to the Commission, together with such applicable person-
nel, appropriation, records, equipment and property necessary for the enforcement and
implementation of such functions. Among these regulatory functions are: 1) regulation
of the real estate trade and business; 2) registration of subdivision lots and condomin-
ium projects; 3) issuance of license to sell subdivision lots and condominium units in the
registered units; 4) approval of performance bond and the suspension of license to sell;
5) registration of dealers, brokers and salesman engaged in the business of selling sub-
division lots or condominium units; 6) revocation of registration of dealers, brokers and
salesmen; 7) approval or mortgage on any subdivision lot or condominium unit made by
the owner of developer; 8) granting of permits for the alteration of plans and the exten-
sion of period for completion of subdivision or condominium projects; 9) approval of the
conversion to other purposes of roads and open spaces found within the project which
have been donated to the city or municipality concerned; 10) regulation of the relation-
ship between lessors and lessees; and 11) hearing and deciding of cases on unsound real
estate business practices; claims involving refund filed against project owners, develop-
ers, dealers, brokers or salesmen and cases of specific performance.
SEC. 9. Income.—Authority is hereby vested on the Commission to directly util-
ize income generated from fees, fines, charges, and other collections in the performance
of its functions to defray operating expenses and provide allowances for its personnel.
SEC. 10. Professional and Technical Personnel.—The professional and technical
personnel of the Commission shall be exempt from the wage and position classification
of the Office of Compensation and Position Classification.
909
HUMAN HABITAT
SEC. 11. Administrative Fines.—The Commission may prescribe and impose

fines not exceeding Ten Thousand Pesos for violations of the provisions of this executive
order or of any rule or regulations thereunder. Fines shall be payable to the Commis-
sion and enforceable through writs of execution in accordance with the provisions of the
rules of court. These fines shall be in addition to such other administrative sanctions as
the Commission may impose.
SEC. 12. Penalties.—Any person who shall violate any of the provisions of this
executive order and/or any rule or regulation that may be issued pursuant to this decree
shall, upon conviction by the appropriate court, be punished by a fine of not more than
Twenty Thousand Pesos (P20,000.00) and/or imprisonment of prision correccional:
Provided, That in the case of corporations, partnerships, cooperatives, or associations,
the president, manager or administrator or the person who has charge of the admini-
stration of the business shall be criminally responsible for any violation of this decree
and/or the rules and regulations promulgated pursuant thereto.
SEC. 13. Repealing Clause.—The provisions of Presidential Decree No. 933,
Presidential Decree No. 757, and Presidential Decree No. 957 and all other laws, presi-
dential decrees, letter of implementation and executive order inconsistent herewith are
hereby repealed or modified accordingly.
SEC. 14. Separability Clause.—In case this Order or any part thereof is found to
be unconstitutional or invalid for any reason the remainder thereof not affected by dec-
laration of invalidity shall remain in force and in effect.
SEC. 15. Effectivity.—This executive order shall take effect immediately.
Approved: 7 February 1981.
Delegated Powers to the Local Government Units
(Pursuant to Republic Act 7160, Executive Order No. 72)
Whereas, Republic Act No. 7160 provides that the Sangguniang Bayan or Sang-
guniang Panlungsod, respectively, shall, subject to national law, process and approve
subdivision plan for residential, commercial, or industrial purposes or other develop-
ment purposes;
Whereas, Presidential Decree No. 933, Executive Order No. 648, series of 1981, as
amended by Executive Order No. 90, series of 1986, and Presidential Decree No. 957,
and other related laws provide for the rule-making standard setting, enforcement and
monitoring, and adjudication and settlement of disputes over subdivision, condomin-
ium, and other estate development projects;
Whereas, Republic Act No. 7279, otherwise known as the Urban and Housing De-
velopment Act of 1992, in effect, reaffirms the above powers and functions of the HLRB;
910
DELEGATED POWERS TO THE LOCAL GOVERNMENT UNITS
Whereas, there is a need to ensure the effective and efficient devolution of powers
to local government units, and provide for an orderly and smooth transition as well as
definition of future interrelationships between the national and local government units;
Now, Therefore, I, Fidel V. Ramos, President of the Philippines, by virtue of the
powers vested in me by law, upon recommendation of the Oversight Committee created
under Section 533 of Republic Act No. 7160, do hereby order and direct:
SECTION 1.
Cities and munici-
palities shall here-
tofore assume the
powers of the Hou-
sing and Land Use
Regulatory Board
(HLRB) over the
following:
a. Approval
of preliminary as
well as final subdi-
vision schemes and
development plans
of all subdivisions,
residential, com-
mercial, industrial
and for other pur-
poses of the public “We share the earth not only with our fellow human beings, but with
and private sectors, all the other creatures.”— The Dalai Lama
in accordance with (A. Oposa)
the provisions of
Presidential Decree No. 957 as amended and its implementing standards, rules and
regulations concerning approval of subdivision plans;
b. Approval of preliminary and final subdivision schemes and development plans
of all economic and socialized housing projects as well as individual or group building
and occupancy permits covered by BP 220 and its implementing standards, rules and
regulations;
c. Evaluation and resolution of opposition against the issuance of development
permits for any of the said projects, in accordance with the said laws and the Rules of
Procedure promulgated by HLRB incident thereto;
d. Monitoring the nature and progress of land development of projects it has ap-
proved, as well as housing construction in the case of house and lot packages, to ensure
their faithfulness to the approved plans and specifications thereof, and, imposition of
appropriate measures to enforce compliance therewith.
911
HUMAN HABITAT
In the exercise of such responsibilities, the city or municipality concerned shall be

guided by the work program approved by the Board upon evaluation of the developers’
financial, technical, and administrative capabilities;
Moreover, the city or municipality concerned may call on the Board for assistance
in the imposition of administrative sanctions and the Department of Justice (DOJ) in
the institution of the criminal proceedings against violators;
e. Assessment and collection of fees incident to the foregoing.
SEC. 2. The HLRB shall retain such powers and functions not otherwise ex-
pressly provided herein or under existing laws.
SEC. 3. Without prejudice to the Board’s overall monitoring, enforcement, and
visitorial powers, local chief executives shall designate appropriate local officials who
meet or possess the qualifications, standards, and criteria set by the HLRB as enforce-
ment officers who shall have full power to monitor, investigate, and enforce compliance
with these provisions of national laws and standards whose implementation have been
devolved to the local government in accordance with this Order.
Relative to the remaining provisions of the said laws, said officials shall, upon re-
quest of local chief executive concerned, be authorized by the Board to initiate prelimi-
nary monitoring and investigative activities, and issue initial notices to enforce compli-
ance with the Board’s mandates, orders, and decisions. In all such cases, the enforce-
ment officer shall endorse the records of the case, together with his actions thereon to
the Board for its final disposition and further enforcement actions.
In the exercise of his responsibilities under this Order, the said enforcement officer
shall be under the functional supervision of HLRB, which shall promulgate standard
operating procedures, policy guidelines and instructions for the guidance of said officials
and call their attention to effect such remedial measures as may be necessary.
SEC. 4. If in the course of evaluation of applications for registration and licens-
ing of projects within its jurisdiction, HLRB finds that a local government unit has
overlooked or mistakenly applied a certain law, rule, or standard in issuing a develop-
ment permit, it shall suspend action on and return the application with a corresponding
advice to the local government concerned, so as to afford in an opportunity to take ap-
propriate action thereon. Such return and advice must likewise be effected within a
period of thirty (30) days from receipt by HLRB of the application.
SEC. 5. The following rules shall apply upon the effectivity of this Order:
a. HLRB shall cease accepting new applications for preliminary approval and de-
velopment permit of subdivision projects, unless the provisions of the next paragraph
hereunder are applicable, and the city or municipality concerned shall commence ac-
cepting and acting on new applications referred to in paragraph 1 of this Order;
b. In those cases where the city or municipality concerned have not made any re-
sponse to notices of devolution sent by the HLRB, or which have signified their unpre-
paredness to immediately assume the devolved functions, as of the said date, HLRB
912
ENVIRONMENT RELATED PROVISIONS OF THE BUILDING CODE
shall continue to act on, process, and approve such application, until receipt of a subse-
quent notice from the local government concerned, in the form of a resolution of the
Sangguniang Bayan/Panlungsod that it is ready, desirous, and willing to immediately
assume such functions; Provided, That, the local government concerned shall give the
HLRB adequate advance notice of their desire to take over such responsibility, and
provide for a transition period of at least thirty (30) days from the orderly transfer of
records and other pertinent documents and materials;
c. All applications for development permit that are in the active file of HLRB
(i.e., awaiting responses or documentary requirements) shall forthwith be transferred to
the local government concerned for further processing and continuation of actions,
unless the provisions of the preceding paragraph are applicable.
To ensure orderly transition of functions, HLRB shall, upon effectivity of this Or-
der, reiterate its communications to the local government concerned, and shall continue
to act on all applications until receipt of response of readiness from the local govern-
ment concerned.
SEC. 6. HLRB is hereby directed to extend adequate technical and legal assis-
tance and training activities to local government units who express the need therefore.
SEC. 7. If any of the provisions of this Order are declared by a court of compe-
tent jurisdiction to be invalid or inoperative, the remainder hereof not affected thereby
shall continue to remain in force and in effect.
SEC. 8. This Executive Order supersedes any and all other Orders inconsistent
herewith, and shall take effect immediately upon its publication in two (2) newspapers
of general circulation.
Approved: 23 March 1993.
Environment Related Provisions of the Building Code

SEC. 214. Dangerous and Ruinous Buildings or Structures.— Dangerous build-

ings are those which are herein declared as such or are structurally unsafe or not pro-
vided with safe egress, or which constitute a fire hazard, or are otherwise dangerous to
human life, or which in relation to existing use, constitute a hazard to safety or health
or public welfare because of inadequate maintenance, dilapidation, obsolescence, or
abandonment; or which otherwise contribute to the pollution of the site or the commu-
nity to an intolerable degree.
SEC. 215. Abatement of Dangerous Buildings.—When any building or structure
is found or declared to be dangerous or ruinous, the building official shall order its re-
pair, vacation, or demolition depending upon the degree of danger to life, health, or
safety. This is without prejudice to further action that may be taken under the provi-
sions of Articles 482 and 694 to 707 of the Civil Code of the Philippines.
913
HUMAN HABITAT
SEC. 216. Other Remedies.—The rights, actions, and remedies provided in this
Code shall be in addition to any and all other rights of action and remedies that may be
available under existing laws.
SEC. 801. General Requirements of Light and Ventilation
a. Subject to the
provisions of the Civil Code
of the Philippines on Base-
ment of Light and View
and to the provisions of
this part of the Code, every
building shall be designed,
constructed, and equipped
to provide adequate light
and ventilation.
b. All buildings shall
face a street or public alley
or a private street which
has been duly approved.
c. No building shall
be altered nor arranged so
as to reduce the size of any
“Modern man no longer regards Nature as in any sense di- room or the relative area of
vine and feels perfectly free to behave toward her as an over- windows to less than that
weening conqueror and tyrant.”— Aldous Huxley provided for buildings
under this Code, or to cre-
(A. Oposa)
ate an additional room,
unless such additional room conforms to the requirements of this Code.
d. No building shall be enlarged so that the dimensions of the required court or
yard would be less than that prescribed for such building.
SEC. 802. Measurement of Site Occupancy
a. in width The measurement of site occupancy or lot occupancy shall be taken at
the ground level and shall be exclusive of courts, yards, and light wells.
b. Courts, yards, and light wells shall be measured clear of all projections from
the walls enclosing such wells or yards with the exception of roof leaders, wall copings,
sills, or steel fire escapes not exceeding 1.20 meters.
SEC. 803. Percentage of Site Occupancy
a. Maximum site occupancy shall be governed by the use, type of construction,
and height of the building and the use, area, nature, and location of the site; and subject
914
to the provisions of the local zoning requirements and in accordance with the rules and
regulations promulgated by the Secretary.
SEC. 804. Size and Dimensions of Courts
a. Minimum size of courts and their least dimensions shall be governed by the
use, type of construction, and height of the building as provided in the rules and regu-
lations promulgated by the Secretary, provided that the minimum horizontal dimension
of court shall be not less than 2.00 meters.
b. All inner courts shall be connected to a street or yard, either by a passageway
with a minimum width of 1.20 meters or by a door through a room or rooms.
SEC. 805. Ceiling Heights
a. Habitable rooms provided with artificial ventilation have ceiling heights not
less than 2.40 meters measured from the floor to the ceiling; Provided That for build-
ings of more than one-storey, the minimum ceiling height of the first storey shall be
2.70 meters and that for the second storey 2.40 meters and succeeding storeys shall
have an unobstructed typical head-room clearance of not less than 2.10 meters above
the finished floor. Above stated rooms with a natural ventilation shall have ceiling
height not less than 2.70 meters.
b. Mezzanine floors shall have a clear ceiling height not less than 1.80 meters
above and below it.
SEC. 806. Size and Dimensions of Rooms
a. Minimum sizes of rooms and their least horizontal dimensions shall be as fol-
lows:
1. Rooms for human habitations—6.00 square meters with at least
dimensions of 2.00 meters.
2. Kitchens—3.00 square meters with at least dimensions of 1.50 meters.
3. Bath and toilet—1.20 square meters with at least dimensions of 0.90 me-
ters.
SEC. 807. Air Space Requirements in Determining the Size of Room
a. Minimum air space shall be provided as follows:
1. School rooms—3.00 cubic meters with 1.00 square meter of floor area per
person.
2. Workshops, factories, and offices—12.00 cubic meters of air space per
person.
3. Habitable rooms—14.00 cubic meters of air space per person.
SEC. 808. Window Openings
a. Every room intended for any use, not provided with artificial ventilation sys-
tem as herein specified in this Code, shall be provided with a window or windows with a
915
HUMAN HABITAT
total free area of openings equal to at least ten percent (10%) of the floor area of the
room, and such window shall open directly to a court, yard, public street or alley, or
open water courses.
SEC. 809. Vent Shafts
a. Ventilation or vent shafts shall have a horizontal cross-sectional area of not
less than 0.10 square meter for every meter of height of shaft but in no case shall the
area be less than 1.00 square meter. No vent shaft shall have its least dimension less
than 600 millimeters.
b. Skylights — Unless open to the outer air at the top for its full area, vent shaft
shall be covered by a skylight having a net free area or fixed louver openings equal to
the maximum required shaft area.
c. Air ducts shall open to a street or court by a horizontal duct or intake at a
point below the lowest window opening. Such duct or intake shall have a minimum
unobstructed cross-sectional area of not less than 0.30 square meter with a minimum
dimension of 300 millimeters. The openings to the duct or intake shall not be less than
300 millimeters above the bottom of the shaft and the street surface or level of court at
the respective ends of the duct or intake.
SEC. 810. Ventilation Skylights
a. Skylights shall have glass area not less than that required for the windows
that are replaced. They shall be equipped with movable sashes or louvers with an ag-
gregate net free area not less than that required for openable parts in the window that
are replaced or provided with approved artificial ventilation of equivalent effectiveness.
SEC. 811. Artificial Ventilation
a. Rooms or spaces housing industrial or heating equipment shall be provided
with artificial means of ventilation to prevent excessive accumulation of hot and/or
polluted air;
b. Whenever artificial ventilation is required, the equipment shall be designed
and constructed to meet the following minimum requirements in air changes:
1. For rooms entirely above grade and used for office, clerical, or adminis-
trative purposes, or as stores, sales rooms, restaurants, markets, factories, work-
shops, or machinery rooms—Not less than three changes of air per hour shall be
provided.
2. For rooms entirely above grade and used as bakeries, hotel or restaurant
kitchens, laundries other than accessory to dwellings, and boiler rooms—Not less
than ten changes of air per hour shall be provided.
3. For auditorium and other rooms used for assembly purposes, with seats
or other accommodations—Not less than 0.03 cubic meter of air per minute shall
be supplied for each person.
916
4. For wards and dormitories of institutional buildings—Not less than 0.45

cubic meter of air per minute shall be supplied for each person accommodated.
5. For other rooms or spaces not specifically covered under this Section of
the Code, applicable provisions of the Philippine Mechanical Engineering Code,
shall be followed.
SEC. 901. General.—Subject to the provisions of Book 2 of the Civil Code of the
Philippines on Property, Ownership, and Its Modification, all buildings hereafter
erected, altered, remodeled, relocated, or repaired for human habitation shall be pro-
vided with adequate and potable water supply, plumbing installation, and suitable
wastewater treatment or disposal system, storm water drainage, pest and vermin con-
trol, noise abatement device, and such other measures required for the protection and
promotion of health of persons occupying the premises and other living nearby.
SEC. 902. Water Supply System
a. Whenever available, the potable water requirements for a building used for
human habitation shall be supplied from existing municipal or city waterworks system.
b. The quality of drinking water from meteoric, surface or underground sources
shall conform to the criteria set in the latest approved National Standards for drinking
water.
c. The design, construction, and operation of deepwells for the abstraction of
groundwater shall be subject to the provisions of the Water Code of the Philippines.
d. The design, construction, and operation of independent waterworks, systems of
private housing subdivisions or industrial estates shall be governed by existing laws
relating to local waterworks system.
e. The water piping installations inside buildings and premises shall conform to
the provisions of the National Plumbing Code of the Philippines.
SEC. 903. Wastewater Disposal System
a. Sanitary sewage from buildings and neutralized or pre-treated industrial
wastewater shall be discharged directly into the nearest street sanitary sewer main of
existing municipal or city sanitary sewerage system in accordance with the criteria set
by the Code on Sanitation and the National Pollution Control Commission.
b. All buildings located in areas where there are no available sanitary sewerage
system shall dispose their sewage “Imhoff” or septic tank and subsurface absorption filed.
c. Sanitary and industrial plumbing installations inside buildings and premises
shall conform to the provisions of the National Plumbing Code.
SEC. 904. Storm Drainage System
a. Rainwater drainage shall not discharge to the sanitary sewer system.
b. Adequate provisions shall be made to drain low areas in buildings and their
premises.
917
HUMAN HABITAT
SEC. 905. Pest and Vermin Control

a. All buildings with hollow and/or wood construction shall be provided with rat
proofing.
b. Garbage bins and receptacles shall be provided with ready means for cleaning
and with positive protection against entry of pest and vermins.
c. Dining rooms for public use without artificial ventilation shall be properly
screened.
SEC. 906. Noise Pollution Control.—Industrial establishments shall be provided
with positive noise abatement devices to tone down the noise level of equipment and
machineries to acceptable limits set down by the Department of Labor and the National
Pollution Control Commission.
SEC. 907. Pipe Materials.—All pipe materials to be used in buildings shall con-
form to the standard specifications of the Philippine Standard Council.
Cultural Heritage
Constitutional Provisions
ARTICLE XIV
SEC. 14. The State shall foster the preservation, enrichment, and dynamic evo-
lution of a Filipino na-
tional culture based on the
principle of unity in diver-
sity in a climate of free
artistic expression.
SEC. 15. Arts and
letters shall enjoy the
patronage of the State. The
State shall conserve, pro-
mote, and popularize the
nation’s historical and cul-
tural heritage and resour-
ces, as well as artistic
creations.
SEC. 16. All the
country’s artistic and his-
toric wealth constitutes the
cultural treasure of the
nation and shall be under “We need a new environmental consciousness on a global
basis. To do this, we need to educate people.” — Mikhail
the protection of the State
Gorbachev
which may regulate its
(A. Oposa)
disposition.
918
CULTURAL PROPERTIES PRESERVATION AND PROTECTION
SEC. 17. The State shall recognize, respect, and protect the rights of indigenous
cultural communities to preserve and develop their cultures, traditions, and institution.
It shall consider these rights in the formulation of national plans and policies.
SEC. 18. 1. The State shall ensure equal access to cultural opportunities
through the educational system, public or private cultural entities, scholarships grants
and other incentives and community cultural centers, and other public venues.
2. The State shall encourage and support researches and studies on the arts and
culture.
Cultural Properties Preservation and Protection (Republic Act 4846)
SECTION 1. This Act shall be known as the “Cultural Properties Preservation

and Protection Act.”
SEC. 2. It is hereby declared the policy of the state to preserve and protect the
important cultural properties and National Cultural Treasures of the nation and to
safeguard their intrinsic value.
“What we presumably lack the imagination and courage to admit, is that it's not
nearly as certain as we think that we are the most developed race to have lived on
earth. We are so blinded by what we ourselves have achieved that we lack perspec-
tive.” — Tons Brunes
(G. Tapan)
SEC. 3. Definition of Terms

a. Cultural properties—old buildings, monuments, shrines, documents, and ob-
jects which may be classified as antiques, relics, or artifacts, landmarks, anthropologi-
919
HUMAN HABITAT
cal and historical sites, and specimens of natural history which are of cultural, histori-
cal, anthropological, or scientific value and significance to the nation; such as physical
and anthropological, archaeological and ethnographical materials, meteorites and tek-
tites; historical objects and manuscripts; house and agricultural implements; decorative
articles or personal adornment; works of art such as paintings, sculptures, carvings,
jewelry, music, architecture, sketches drawings or illustrations in part or in whole;
works of industrial and commercial art such as furniture, pottery, ceramics, wrought
iron, gold, bronze, silver, wood or other heraldic items, metals, coins, medals, badges,
insignias, coat of arms, crests, flags, arms, and armor; vehicles or ships or boats in part
or in whole.
b. Cultural properties, which have been singled out from among the innumerable
cultural properties as having exceptional historical and cultural significance to the
Philippines, but are not sufficiently outstanding to merit the classification of national
cultural treasures, are important cultural properties.
c. National cultural treasure—a unique object found locally, possessing out-
standing historical, cultural, artistic, and/or scientific value which is highly significant
and important to the country and nation.
d. Antiques—cultural properties found locally which are one hundred years or
more in age or even less, but whose production having ceased, they have, therefore,
become or are becoming rare.
e. Relics—cultural properties which, either as a whole or in fragments, are left
behind after the destruction or decay of the rest of its parts and which are intimately
associated with important beliefs, practices, customs and traditions, periods, and per-
sonages.
f. Artifacts—articles which are products of human skills or workmanship, espe-
cially the simple products of primitive arts or industry representing past eras or peri-
ods.
g. Natural history specimens—live or preserved specimens of plants and animals,
fossils, rocks and minerals. Only types, presently irreplaceable specimens, and those in
danger of extinction shall be embraced in this Act.
h. Type—as mentioned in Section 7-B in the context of this Act, is a specimen se-
lected as the best to represent a kind or class of objects consisting of any but almost
identical individuals or pieces. In the case of specimens of natural history, the type is
the individual specimen which was used as the basis of description establishing the
species, in accordance with the rules of nomenclature.
i. Historical site—any place, province, city, town, location, or structure which has
played a significant and important role in the history of our country and nation. Such
significance and importance may be cultural, political, sociological, or historical.
j. Archaeological site—any place which may be underground or on the surface,
underwater or at sea level which contains fossils, artifacts and other cultural, geologi-
920
cal, botanical, zoological materials which depict and document evidences of paleon-
tological and prehistoric events.
k. Anthropological area—any place where studies of specific cultural groups are
being or should be undertaken in the field of anthropology. Anthropology in this case is
descriptive, interpretative and comparative study of all aspects of various cultural lin-
guistic groups including the collection and analysis of their particular material culture.
l. Collector—any person or institution who acquires cultural properties and na-
tional cultural treasures for purposes other than sale.
m. Dealers—persons or enterprises who acquire cultural properties for the pur-
pose of engaging in the acquisition and resale of the same.
n. Exporters—dealers who engage in the business of exporting cultural proper-
ties.
o. Government property—for purposes of Republic Act No. 4846, covers all lands
and marine areas including those covered by licenses or special permits and those
owned or administered by government-owned or controlled corporations, institutions, or
agencies.
SEC. 4. The National Museum, hereinafter referred to as the Museum, shall be
the agency of the government which shall implement the provisions of this Act.
SEC. 5. The director of the Museum, hereinafter referred to as the Director,
shall undertake a census of the important cultural properties of the Philippines, keep a
record of their ownership, location, and condition, and maintain an up-to-date register
of the same. Private collectors and owners of important cultural properties and public
and private schools in possession of these items, shall be required to register their col-
lections with the Museum when required by the Director and to report to the same
office when required by the Director any new acquisitions, sales, or transfers thereof.
SEC. 6. The Director is authorized to convene panels of experts, as often as the
need for their services may arise, each to be composed of three competent men in the
specialized fields of anthropology, natural sciences, history and archives, fine arts, phi-
lately and numismatics, and shrines and monuments, etc. Each panel shall, after care-
ful study and deliberation, decide which among the cultural properties in their field of
specialization shall be designated as national cultural treasures or important cultural
properties.” The Director is further authorized to convene panels of experts to declassify
designated national cultural treasures.
The Director shall within ten days of such action by the panel transmit their deci-
sion and cause the designation-list to be published in at least two newspapers of general
circulation. The same procedure shall be followed in the declassification of important
cultural properties and national treasures.
SEC. 7. In designation of a particular cultural property as a national cultural
treasure, the following procedure shall be observed:
921
HUMAN HABITAT
a. Before the actual designation, the owner, if the property is privately owned,
shall be notified at least fifteen days prior to the intended designation, and he shall be
invited to attend the deliberation and given a chance to be heard. Failure on the part of
the owner to attend the deliberation shall not bar the panel to render its decision. Deci-
sion shall be given by the panel within a week after its deliberation. In the event that
the owner desires to seek reconsideration of the designation made by the panel, he may
do so within thirty days from the date that the decision has been rendered. If no request
for reconsideration is filed after this period, the designation is then considered final and
executory. Any request for reconsideration filed within thirty days and subsequently
again denied by the panel, may be further appealed to another panel chairmanned by
the Secretary of Education, with two experts as members appointed by the Secretary of
Education. Their decision shall be final and binding.
b. Within each kind or class of objects, only the rare and unique objects may be
designated as national cultural treasures. The remainder, if any, shall be treated as
cultural property.
c. Designated national cultural treasures shall be marked, described, and photo-
graphed by the National Museum. The owner retains possession of the same but the
Museum shall keep a record containing such information as name of article, owner,
period, source, location, condition, description, photograph, identifying marks, approxi-
mate value, and other pertinent data.
SEC. 8. National cultural treasures shall not change ownership, except by in-
heritance or sale approved by the Director of the National Museum, without the prior
notification to and notations made by the Museum in the records. They may not be
taken out of the country for reasons of inheritance. Where there is no heir, national
cultural treasures shall revert to the National Museum or to any state museum.
SEC. 9. National cultural treasures may be taken out of the country only with
written permit from the Director of the National Museum, and only for the purpose of
exchange programs or for scientific scrutiny, but shall be returned immediately after
such exhibition or study: Provided, That the Director of the National Museum shall
require that the cultural treasures be adequately insured against loss or damage by the
owners thereof, and shall be properly accompanied by a duly authorized representative
of the National Museum and/or protected.
SEC. 10. It shall be unlawful to export or to cause to be taken out of the Philip-
pines any of the cultural properties defined in Section 3 of this Act, without previous
registration of the objects with the National Museum and a written permit from the
Director of the National Museum: Provided, however, That in the granting or the with-
holding of permit, the provisions of Section 7 of this Act shall have been satisfied.
SEC. 11. No cultural property may be imported without an official certification
of exportation from the country of origin.
SEC. 12. It shall be unlawful to explore, excavate, or make diggings on archaeo-
logical or historical sites for the purpose of obtaining materials of cultural historical
922
value without the prior written authority from the director of the National Museum. No
excavation or diggings shall be permitted without the supervision of an archaeologist
certified as such by the Director of the National Museum, or of such other person who,
in the opinion of the Director, is competent to supervise the work, and who shall, upon
completion of the project, deposit with the Museum a catalogue of all the materials
found thereon, and a description of the archaeological context in accordance with ac-
cepted archaeological practices. When excavators shall strike upon any buried cultural
property, the excavation shall be suspended and the matter reported immediately to the
director of the National Museum who shall take the appropriate steps to have the dis-
covery investigated and to insure the proper and safe removal thereof, with the knowl-
edge and consent of the owner. The suspension shall not be lifted until the director of
the National Museum shall so allow it.
All exploration, excavation, or diggings on government and private property for ar-
chaeological or historical purposes shall be undertaken only by the National Museum,
or any institution duly authorized by the director of the National Museum.
SEC. 13. All restorations, reconstructions, and preservations of government his-
torical buildings, shrines, landmarks, monuments, and sites, which have been desig-
nated as national cultural treasures, and important cultural properties shall only be
undertaken with the written permission of the director of the National Museum who
shall designate the supervision of the same.
SEC. 14. Any donation or support by private individuals or institutions to the
National Museum, and any investment for the purchase of cultural properties regis-
tered with the National Museum or for the support of scientific and cultural expedi-
tions, explorations, or excavations when so certified by the director of the National Mu-
seum, shall be tax exempt and deductible from the income tax returns of the individual
or institution.
Donations of national cultural treasures and important cultural properties to the
National Museum or any accredited institution for preservation for posterity, or of any
monetary contribution to the National Museum or any accredited institution for the
purchase of national cultural treasures and important cultural properties shall also be
deductible from the income tax returns: Provided, That such donations are duly ac-
knowledged and receipted by the recipient and certified by the Director of the National
Museum.
SEC. 15. Any cultural property for sale as allowed under this Act, should be reg-
istered with the National Museum and the proceeds thereof shall be considered as in-
come and therefore subject to taxation: Provided, however, That the government shall
be given the first option for three months to buy these cultural properties placed on
sale.
SEC. 16. All dealers of cultural properties shall secure a license as a dealer in
cultural properties from the Director of the National Museum.
923
HUMAN HABITAT
SEC. 17. All dealers engaged in the business of exporting cultural properties
shall secure a license as exporter of cultural properties from the Director of the Na-
tional Museum.
SEC. 18. The Director of the National Museum is hereby empowered to promul-
gate rules and regulations for the implementation of the provisions of this Act, which
rules and regulations shall be given the widest publicity and also shall be given directly
to known collectors, excavators, archaeologists, dealers, exporters, and others affected
by this Act. Such rules and regulations shall be approved by the Secretary of education.
SEC. 19. The Museum may collect fees for registration, licenses, inspections,
certifications, authorizations, and permits in the compliance with the provisions of this
Act: Provided, That the objects or materials attempted to be concealed from registration
or those intended to be exported in violation of this Act shall be confiscated and for-
feited to the government; Provided, further, That if the violation is committed by a
juridical person, the manager, representative, director, agent, or employee of said ju-
ridical person responsible for the Act shall be liable to the penalties provided herein.
SEC. 20. Penal Provisions.—Any violation of the provisions of this Act shall,
upon conviction, subject the offender to a fine of not more than Ten Thousand Pesos or
imprisonment for a term of not more than two years or both upon the discretion of the
court: Provided, That objects or materials attempted to be concealed from the registra-
tion or those intended to be exported or excavated in violation of this Act shall be sum-
marily confiscated and forfeited to the National Museum; Provided, further, That if the
violation is committed by a juridical person, the manager, representative, director,
agent or employee of said juridical person responsible for the act shall also be liable to
the penalties provided herein.
SEC. 21. There shall be created a division of cultural properties in the National
Museum clothed with the adequate police power to prosecute violators of this Act.
SEC. 22. The sum of one hundred thousand pesos (P100,000) is hereby appro-
priated annually out of any funds in the National Treasury, not otherwise appropriated,
to carry out the provisions of this Act.
SEC. 23. Repealing Provisions.—Act 3874 entitled “An Act Prohibiting the Ex-
portation of Antiques of the Philippine Islands” and all other Acts or parts thereof con-
trary to the provisions of this Act are hereby repealed.
National Museum Law (Republic Act 8492)
SECTION 1. Short Title.—This Act may be known as the “National Museum

Act of 1998.”
SEC. 2. Declaration of Policy.—It is the policy of the State to pursue and support
the cultural development of the Filipino people, through the preservation, enrichment,
924
NATIONAL MUSEUM LAW
and dynamic evolution of Filipino national culture, based on the principle of unity in
diversity in a climate of free artistic and intellectual expression.
SEC. 3. Conversion of the National Museum.—To implement the above-declared
State policies, and to ensure its independence and autonomy, the present National Mu-
seum, hereafter referred to as the Museum, is hereby converted into a trust of the gov-
ernment. The National Museum is detached from the Department of Education, Culture
and Sports and from the National Commission of Culture and the Arts. It shall be
placed solely for budgetary purposes under the Office of the President.
The Museum, as
established under this
Act shall be known by
the name of “National
Museum,” and by that
name shall be known
and have perpetual
succession with the
power, limitations, and
restriction hereafter
contained and no other.
The National Mu-
seum shall be a perma-
nent institution in the
service of the commu-
nity and its develop-
ment, accessible to the
public, and not inten-
ded for profit. It shall
obtain, keep, study, and
present material evi-
dence of man and his
environment. The Na- “The laws of nature are written deep in the folds and faults of the
tional Museum shall in- earth. By encouraging men to learn those laws one can lead them
form the general public further to a knowledge of the author of all laws.”— John Joseph
Lynch
about these activities
(A. Oposa)
for the purpose of
study, education, and entertainment.
The primary mission of the National Museum shall be to acquire documents, pre-
serve, exhibit, and foster scholarly study and appreciation of works of art specimens
and cultural and historical artifacts.
Pending its reorganization by the board of trustees, the National Museum shall be
composed of the Museum structure, organization, and its collections, properties, assets,
and liabilities.
925
HUMAN HABITAT
SEC. 4. Permanent Home; Evidence of Title to Site and Buildings.—The whole

Executive House Building, also known as the old Congress Building, the Department of
Finance building and Department of Tourism building on Agrifina Circle shall be the
permanent and exclusive site of the Museum. They shall be known as the National
Museum Complex. The Executive House shall now be known as the “National Mu-
seum.”
The site and lands selected for the building for the Museum shall be deemed ap-
propriated to the Museum, and the record of the description of such site and lands, or a
copy thereof, certified by the Chairman and Secretary of the Board of Trustees, shall be
received as evidence in all courts of the extent and boundaries of the lands appropriated
to the Museum.
SEC. 5. Preservation of the Senate Session Hall.—The National Museum shall
preserve the Senate Session Hall as a tribute to the legacy of the great men and women
of the Philippine Senate for their invaluable contributions to the Filipino people, and as
a relic where democracy and freedom reigned and events of national significance tran-
spired.
SEC. 6. Objectives.—The Museum shall have the following objectives:
SEC. 7. Duties and Functions.—The Museum shall have the following duties
and functions:
7.1 Acquire documents, collect, preserve, maintain, administer and exhibit to the
public, cultural materials, objects of art, archaeological artifacts, ecofacts, relics and
other materials embodying the cultural and natural heritage of the Filipino nation, as
well as those of foreign origin. Materials relevant to the recent history of the country
shall be likewise acquired, collected, preserved, maintained, advertised and exhibited
by the Museum;
7.2 Conduct researches, archaeological and scientific, on Philippine flora and
fauna, collect, preserve, identify, and exhibit to the public systematically all types of
plants and animals found in the Philippines, prepare for publication manuscripts and
scientific papers on them and maintain a reference collection on such subjects;
7.3 Document all objects held by the National Museum in its collections or bor-
rowed by the Museum by registering them in an inventory and cataloguing them, and
manage any movement of the collections both within the Museum and elsewhere in
such a way that the Museum is able to locate any object in the collections at any time,
initially on paper records, but to be converted to computerized records on a professional
museum documentation system as soon as time and budget allow.
7.4 Conduct researches on the origin, history and geographic distribution of, and
to collect, preserve, study and exhibit rocks, minerals and fossils of plants and animals;
maintain a reference collection and to prepare for publication scientific studies on them;
926
NATIONAL MUSEUM LAW
7.5. Regulate registration, excavation, preservation and exportation of Philippine

cultural properties through a legal department and customs department which shall be
established for these purposes;
7.6 Implement the pertinent provisions of Presidential Decree No. 374, as further
amended, and other related laws on the protection and conservation of cultural proper-
ties;
7.7 Undertake research on salvage archaeology, monitor and control archaeologi-
cal excavations, diggings and researches into Philippine pre-history and proto-history;
7.8 Gather, identify, reconstruct, restore and maintain a national archaeological
reference collection; study archaeological artifacts and ecofacts, with their correspond-
ing data and deduce archaeological interpretations;
7.9 Undertake researches on the pre-history of the Philippines in order to define
the foundations of the cultures of the people by conducting systematic and controlled
archaeological excavations in different sites on land and underwater, and to supplement
existing historical documentation;
7.10 Collect, preserve, restore and exhibit to the public objects of arts;
7.11 Conduct researches on Philippine arts and its relations to the arts of other
countries and prepare for publication research papers on them;
7.12 Carry out researches among different people of the Philippines to define the
ethnography of each group, to establish the ethnology and to document for posterity and
exhibit to the public their traditional and existing cultures, practices and artistic forms
expressive of their culture;
7.13 Collect, acquire, identify, reconstruct, restore, preserve and maintain ethno-
graphic items; gather their interpretations; mount exhibitions and prepare technical
manuscripts for publication;
7.14 Maintain a chemical and physical laboratory where scientific analysis of
materials recovered from archaeological and ethnographic sites may be undertaken for
their preservation;
7.15 Plan, organize and stage exhibitions in all disciplines covered by the Mu-
seum geology, cultural properties, zoology, botany, archaeology, arts, anthropology,
restoration and engineering;
7.16 Plan and organize library services, guided tours, lectures, seminars, sympo-
sia or workshops;
7.17 Implement and enforce Presidential Decree Nos. 260, 374, 756, 996, 1109,
1492, 1683, and 1726-A;
7.18 Supervise restoration, preservation, reconstruction, demolition, alteration,
relocation and remodeling of immovable properties and archaeological landmarks and
sites;
927
HUMAN HABITAT
7.19 Disseminate astronomical knowledge and information through planetarium

shows, lectures and demonstrations, exhibits and actual celestial observations;
7.20 Maintain, preserve, interpret, and exhibit to the public the artifacts in sites
of the Paleolithic habitation site of the possible earliest man to the Philippines, the
Neolithic habitation of the ancient Filipino at the Tabon Caves, and other important
archaeological sites;
7.21 Secure and receive bilateral and international grants and endowments to
support its programs/projects;
7.22 Initiate, promote, encourage and support the establishment and promotion
of, and extend management, technical and financial assistance to regional, provincial,
city and/or local museums; and
7.23 Develop and implement consortium agreements and linkages with institu-
tions of higher learning and other organizations engaged in similar researches being
undertaken by the National Museum.
SEC. 8. Board of Trustees.—The business of the Museum shall be conducted at
the city of Manila by a Board of Trustees to be composed of the Chairmen of the Com-
mittees on Education of the Senate and House of Representatives, the Chairperson of
the National Commission for Culture and the Arts, and seven (7) representatives from
the private sector. Of the seven (7) representatives from the private sector, there shall
be included one (1) distinguished Filipino artist, one (1) distinguished Filipino scientist,
and one (1) distinguished Filipino historian.
The private sector representatives shall be selected on the basis of their demon-
strated interest in and commitment to arts and culture.
The Director of the National Museum is an ex-officio member of the Board of Trus-
tees.
The Chairman of the Board shall be appointed by the President of the Philippines.
The President shall be the National Museum’s honorary chairman and patron.
SEC. 9. Appointment of Trustees.—The private sector representatives shall be
appointed by the President of the Philippines from a short list nominated by recognized
NGOs in the Museum and cultural sectors, as well as by prestigious business groups.
Of the private sector representatives, three (3) shall be appointed for a four-year
term; three (3) shall be appointed for a two-year term; and one (1) shall be appointed for
a one-year term.
They shall all be eligible for one reappointment. Appointment to a position vacated
due to death, disability, resignation or any similar cause, shall be for the duration of
said unexpired term only.
SEC. 10. Organization of Board; Expenses, Gratuitous Services; Powers.—The
Board of Trustees shall meet in the city of Manila and elect five (5) of their members as
an executive committee, and shall fix the time for the regular meetings of the Board;
928
NATIONAL MUSEUM LAW
and, on application of any three (3) of the trustees to the director of the Museum, it
shall be his duty to call a special meeting of the Board of Trustees, of which he shall
give notice, by letter, to each of the members. The Board may function notwithstanding
vacancies, and, at any meeting of the Board, six (6) shall constitute a quorum to do
business. Each member of the Board shall be paid his necessary travel and other actual
expenses, in attending meetings of the Board, which shall be audited by the executive
committee, and recorded by the Director of the Museum; but his service as trustee shall
be gratuitous.
The Board may establish such other committees as it may deem proper. The
Chairman of any committee to be established must be a member of the Board.
The Board is authorized to adopt an official seal which shall be judicially noticed
and to make such by-laws, rules, and regulations, as it deems necessary for the admini-
stration of its functions under this Act, including, among other matters, by laws, rules
and regulations relating to the acquisition, exhibition, and loan of works of art, the
administration of its trust funds, and the organization and procedure of the Board.
SEC. 11. Director of the National Museum; Duties; Programs and Studies; An-
nual Report to Congress.—The Board of Trustees shall appoint the Director of the Mu-
seum and two (2) assistant directors. The Director shall be in charge of the overall op-
erations of the Museum and implement the policies set by the Board of Trustees and
programs approved by it. The Director shall have a proven track record of competent
administration and shall be knowledgeable about Museum management.
The Director assisted by two (2) assistant directors shall be in charge of the ex-
panded archaeological sites and the Regional Museum Division of the Museum.
SEC. 12. Acting Director.—The Board may, by an instrument in writing filed in
the office of the Secretary thereof, designate and appoint an Assistant Director to act as
director when there shall be a vacancy in said office, and whenever the Director shall be
unable to perform the duties of his office due to illness, absence, or other cause, and in
such case the person so appointed may perform all the duties imposed on the director by
law until the vacancy shall be filled or such inability shall cease. The Board may change
such designation and appointment from time to time as the interests of the Museum
may in its judgment require.
SEC. 13. Salary and Removal of Director and Assistants.—The Director and his
assistants shall, respectively, receive for their services such sum as may be allowed by
the Board of Trustees; and shall be removed by the Board of Trustees whenever, in
their judgment, the interests of the Museum require such removal.
SEC. 14. Personnel Training and Development.—The Museum shall undertake
training and development programs to upgrade the capabilities of the Museum person-
nel in the various functions of the Museum.
Apart from the practice of allowing scholars to train abroad on official time, per-
sonnel involved in the technical aspects of museology and the graduate programs in the
929
HUMAN HABITAT
disciplines of anthropology, archaeology, the arts, botany, geology and paleontology,

astronomy, and zoology, and services related to the operations of the Museum, shall be
allowed to pursue their graduate programs on official time, subject to the needs of the
service, upon approval of the director.
SEC. 15. Exhibition Unit and Central Registry Unit.—An exhibition department
shall be organized in the Museum that will specialize in the planning, design, and exe-
cution of quality exhibitions. The services of highly specialized persons may be engaged
whenever necessary for specific purposes in this regard.
A central registry unit shall also be established with the objective of ultimately in-
tegrating documentation of all collections into one computerized system.
SEC. 16. Supervision over Regional Museums.—Museum branches with ten (10)
or more personnel and/or high property accountability or cultural value shall be up-
graded to regional museums upon recommendation of the Director of the Museum.
The Director of the Museum, through the Assistant Director, shall have full super-
vision over regional museums and their personnel. The regional museums shall serve as
information and cultural centers offering comprehensive and substantial collection of
local archaeological finds, objects of art and other local cultural treasures.
SEC. 17. Reception and Arrangement of Specimens and Objects of Art.—
Whenever suitable arrangements can be made from time to time for their reception, all
objects of art and foreign and curious research, and all objects of natural history, plants,
and geological and mineralogical specimens belonging to the Philippines, in whosoever
custody they may be, shall be delivered to such persons as may be authorized by the
Board of Trustees to receive them, and shall be so arranged and classified in the Mu-
seum as best to facilitate the examination and study of them; and whenever new speci-
mens in natural history, geology, or mineralogy are obtained for the Museum, by ex-
changes of duplicate specimens, which trustees may in their discretion make, or by
donation, which they may receive, or otherwise, the trustees shall cause such new
specimens to be appropriately classed and arranged.
All specimens, artifacts, and objects of art will be registered immediately upon en-
try to the Museum, and records will be maintained of all objects in the collections or on
loan to the Museum. An inventory will be kept and updated to reflect any movement of
objects within the Museum or elsewhere. The objective will be to add full catalogue
entries to the records, based on curatorial expertise. Records will initially be kept on
paper, but should be computerized in a professional museum documentation system as
soon as time and budget allow.
SEC. 18. Laboratories and Facilities.—The Museum shall have laboratories and
such other adequate facilities for the conservation, preservation, and storage of its col-
lections.
SEC. 19. Protection of Property.—All laws and ordinances for the protection of
public property shall apply to, and be in force for, the protection of the lands, buildings,
and other property of the Museum.
930
NATIONAL MUSEUM LAW
SEC. 20. Policing of Buildings and Grounds; Authority to Deputize.—The Board

of Trustees through its secretary, or their authorized representatives, may designate
employees of the Museum as special policemen, without additional compensation for
duty in connection with the policing of the buildings and grounds of the Museum.
The Museum shall also have the authority to deputize the Philippine National Po-
lice and the Armed Forces of the Philippines for the following:
1. protection of newly discovered sites from illegal exploitation;
2. the reporting of discovery of archaeological sites; and
3. the preservation of important archaeological sites in danger of destruction.
Pursuant to this authority, it shall be obligatory for the local police and civil au-
thorities, especially city and municipal mayors and barangay chairmen to report to the
Museum the discovery of archaeological sites. The local police and civil authorities are
tasked with the duty of preventing illegal exploitation by unauthorized persons of dis-
covered sites until such time as the Museum shall have established control over them.
SEC. 21. Incentives for Discovery of Sites.—The Museum is authorized to pro-
vide incentives for the reporting of newly discovered archaeological, cultural, and his-
torical sites and to devise a system of equitable rewards for verified reports of signifi-
cance.
SEC. 22. Appropriation.—The Museum shall continue to submit and receive its
annual budget from the general appropriations of the national government. For this
purpose, the Secretary shall submit to Congress annually at the beginning of each regu-
lar session thereof a detailed statement of the expenditures of the preceding fiscal year,
under appropriations for the National Museum.
The Museum is authorized to include in its estimate of appropriations such sums
as may be necessary for the preservation of its art collection.
SEC. 23. Museum Endowment Fund.—A Museum Endowment Fund is hereby
established to be used for special programs, projects and activities of the Museum in
accordance with Section 7 hereof. This Fund shall be administered directly by the Board
of Trustees.
For this purpose, the sum of five hundred million pesos (P500,000,000) is hereby
appropriated from the following sources:
1. Two hundred fifty million pesos (P250,000,000) from the annual net earnings
of the Philippine Charity Sweepstakes Office from its earnings in lotto;
2. Two hundred fifty million pesos (P250,000,000) from the annual net earnings
of the Philippine Amusement and Gaming Corporation (PAGCOR).
Provided, That the foregoing appropriations shall be payable in quarterly remit-
tances within a period of three (3) years until the amount of five hundred million pesos
(P500,000,000) is reached.
931
HUMAN HABITAT
Provided, further, That the regular operating budget of the Museum, including
other operational costs such as the acquisition of collection materials for the national
reference collections, procurement of equipment and supplies, studies and research in
the various disciplines and exhibition of artistic and historical artifacts, shall be pro-
vided for in the General Appropriations Act.
Provided, finally, That only the interest of the above Endowment Fund may be ex-
pended for the special projects and programs.
Donations and bequests to the Endowment Fund from the private sector will be
exempt from any and all taxes. The Board of Trustees shall direct the investment of the
Endowment Fund, and determine annual transfers from its earned interest to the Mu-
seum’s special projects account.
SEC. 24. Disposal of Unappropriated Money.—The Trustees are authorized to
make such disposal of any other moneys which have accrued, or shall hereafter accrue,
as interest upon the Museum, not herein appropriated, or not required for the purposes
herein provided, as they shall deem best suited for the promotion of the purpose of the
Museum.
SEC. 25. Exemption from Taxes.—The Museum shall be exempt from paying
import taxes and tariff duties on all art/display materials and equipment directly used
for the Museum’s non-profit programs including but not limited to books, art materials,
chemicals for preservation and restoration, exhibit and technical equipment and films.
Donations and legacies to the Museum shall be exempt from donor’s, estate, and
inheritance taxes.
The Board of Trustees shall recommend to tax authorities the appropriate amount
of exemption for donations of objects or donations in kind: Provided, That the Board
shall refer to qualified external evaluators to determine the proper valuation of the
donation.
SEC. 26. Revolving Fund.—The income of the Museum not exceeding the
amount of two million pesos (P2,000,000) derived from the proceeds of the sales of re-
productions, cultural items, publications, creation, restoration, conservation, identifica-
tion, authentication, earnings from planetarium programs, and other auxiliary services
shall be constituted as a revolving fund for the use of the Museum.
SEC. 27. Merit System; Salaries; Annual Report of Salaries.—Professional Mu-
seum personnel with graduate degrees shall be given the rank and benefits of national
scientists, subject to qualifying standards, equivalent to that prescribed in the scientific
career merit system of the government.
Museum personnel belonging to the scientific career merit system shall be allowed
one (1) year of sabbatical leave for every five years of productive scientific service.
With the approval of the Board, the Museum shall prepare and implement a staff-
ing pattern to determine the duties, qualifications, responsibilities and functions as well
932
NATIONAL MUSEUM LAW
as the compensation scheme for the personnel, for approval by the Department of
Budget and Management.
The salaries of the professional and technical staff of the Museum shall be exempt
from the salary standardization laws affecting personnel of the civil service.
A report in detail for the preceding fiscal year shall be made to Congress annually
of the salaries of all officers and employees paid from appropriations under the Mu-
seum.
SEC. 28. Appointment and Compensation of Officers and Employees; Exemption
from the Attrition Law.—The Board may employ such other officers and employees as
may be necessary for the efficient administration, operation, and maintenance of the
Museum: Provided, That the Board may delegate to the Director the functions provided
in this Section.
SEC. 29. Exemption from the Attrition Law.—The National Museum shall not be
subject to the attrition law.
SEC. 30. Hiring of Foreign Consultants.—Subject to the provisions of the Labor
Code and other pertinent legislation, the National Museum may hire foreign consult-
ants and experts.
SEC. 31. Health Services.—The Museum shall be provided with adequate health
care services.
SEC. 32. De-Accessioning Policy.—The National Museum may provide for a de-
accessioning policy for the purpose of upgrading its collections.
SEC. 33. The National Museum shall be allowed to charge admission fees. It
shall also be open on Saturdays, Sundays, and public holidays.
SEC. 34. Special Budget and Audit Rules Applicable to the Museum.—
Recognizing the unique status and special needs of the Museum, the Commission on
Audit, Department of Budget and Management, and the National Museum shall draw
up special rules enhancing and implementing the legislative intention to provide the
Museum complete and full flexibility and fiscal autonomy in accordance with generally
accepted rules and practices applicable to similar institutions. Said rules shall be
drafted and promulgated within sixty (60) days from the effectivity of this Act.
SEC. 35. Penalties.—In addition to the penalties provided under existing laws,
any person, including the officers and employees of the museum, found guilty of violat-
ing any provision of this Act shall be imprisoned for a term not exceeding two (2) years
or a fine not exceeding ten thousand pesos (P10,000), or both such imprisonment and
fine at the discretion of the court.
SEC. 36. Reorganization.—With the approval of the Board, the Museum shall
have the authority to reorganize its structure and staffing pattern in order to carry out
its functions.
933
HUMAN HABITAT
The incumbents in the leadership structure of the existing National Museum shall
automatically be upgraded to these analogous positions, with respect to the rest of the
personnel, they shall be extended automatic reappointment except those who opt to
avail of an early retirement scheme as determined by the Board of Trustees.
SEC. 37. Repealing Clause.—The provisions of Philippine Legislative Act No.
3477, Republic Act No. 4846, Presidential Decree No. 374, Executive Order No. 30,
Presidential Proclamation No. 913 and other related laws to the extent that they be
inconsistent with this Act, are hereby repealed or amended accordingly.
SEC. 38. Separability Clause.—If, for any reason, any part or provision of this
Act is declared invalid or unconstitutional, the parts or provisions not affected thereby
shall remain in full force and effect.
ing its publication in the Official Gazette or in two (2) newspapers of general circula-
tion, whichever comes first.
Declaring Archaeological Reservations

Presidential Decree No. 1109, Republic Act No. 4368
“If we do not permit the Earth to produce beauty and joy, it will in the end not produce
food either.”— Joseph Woodkrutch
(Y. Lee)
The law provides that all excavation in the Reservation shall be under the control
and supervision of the National Museum. Anyone caught exploring, excavating, or
found to be in possession of excavated cultural items without proper permits from the
National Museum shall be subject to penal sanctions.
934
NATIONAL COMMISSION FOR CULTURE AND THE ARTS
National Commission for Culture and the Arts (Republic Act 7356)
SECTION 1. Title.—This Act shall be known as the “Law Creating the National
Commission for Culture and the Arts”.
Title I
Declaration of Principles
SEC. 2. Culture as a Human Right.—Culture is a manifestation of the freedom

of belief and of expression and is a human right to be accorded due respect and allowed
to flourish.
SEC. 3. National Identity.—Culture reflects and shapes values, beliefs, aspira-
tions, thereby defining a people’s national identity. A Filipino national culture that
mirrors and shapes Philippine economic, social and political life shall be evolved, pro-
moted and conserved.
SEC. 4. Culture of the People.—The Filipino national culture shall be
a. Independent, free of political and economic structures which inhibit cultural
sovereignty;
b. equitable, effectively creating and distributing cultural opportunities and cor-
recting the imbalance that has long prejudiced the poor and other marginalized sector
who have the least opportunities for cultural development and educational growth;
c. dynamic, continuously developing in pace with scientific, technological, social,
economic, and political changes both in national and international levels;
d. progressive, developing the vast potential of all Filipinos as responsible change
agents of society; and
e. humanistic, ensuring the freedom and creativity of the human spirit.
SEC. 5. Culture by the People.—The Filipino national Culture shall be evolved
and developed by the people themselves in a climate of freedom and responsibility.
National cultural policies and programs shall be formulated which shall be:
a. pluralistic, fostering deep respect for the cultural identity of each locality, re-
gion of ethno-linguistic locality, as well as elements assimilated from other cultures
through the natural process of acculturation;
b. democratic, encouraging and supporting the participation of the vast masses of
pour people in its programs and projects;
c. non-partisan, open to all people and institution, regardless of creed, affiliation,
ideology, ethnic origin, age, gender, or class, with no organized group or sector having
monopoly of its services, and
935
HUMAN HABITAT
d. liberative, having concern for the decolonization and emancipation of the Fili-
pino psyche in order to ensure the full flowering of Filipino culture.
SEC. 6. Culture for the People.—The creation of artistic and cultural products
shall be promoted and disseminated to the greatest number of our people. The level of
consciousness of our people about our own cultural values in order to strengthen our
culture and to instill nationhood and local unity, shall be raised formally through the
educational system and informally through extra-scholastic means, including the use of
traditional, as well as modern media of communication.
SEC. 7. Preservation of the Filipino Heritage.—It is the duty of every citizen to
preserve and conserve the Filipino historical and cultural heritage and resources. The
retrieval and conservation of artifacts of Filipino culture and history shall be vigorously
pursued.
Title II
Organization of the National Commission for Culture and Arts and the
Establishment of the National Endowment Fund
SEC. 8. The Commis-

sion.—A National Commission
for Culture and Arts is hereby
created to formulate policies for
the development of culture and
arts, implement these policies
in coordination with affiliated
cultural agencies; administer
the National Endowment Fund
for Culture and Arts (NEFCA);
encourage artistic creation
within a climate of artistic free-
dom; develop and promote the
Filipino national culture and
arts; and preserve Filipino
cultural heritage. The commis-
sion shall be an independent
agency. It shall render an an-
“Man shapes himself through decisions that shape his
nual report of its activities and
environment.” — Rene Duos
achievements to the President (Y. Lee)
and to Congress.
SEC. 9. Composition.—The Commission shall be composed of the following
members:
a. the Undersecretary of the Department of Education, Culture and Sports;
936
b. the Undersecretary of the Department of Tourism;

c. the Chairman of the House Committee on Culture;
d. the Chairman of the Senate Committee on Culture;
e. the President of the Cultural Center of the Philippines;
f. the Executive Director of the National Historical Institute;
g. the Director of the National Museum;
h. the Director of the National Library;
i. the Director of the Institute of Philippine Languages;
j. the Director of the Records Management and Archives Office;
k. the Executive Director of the Commission;
l. the Head of the Subcommission on Cultural Communities and Traditional
Arts;
m. three representatives from the private sector who shall be the elected heads of
the three (3) Subcommission identified hereunder, namely: the Subcommission on Cul-
tural Heritage, the Subcommission on the Arts and the Subcommission on Cultural
Dissemination. They shall be elected by the chairpersons of the national committees
under their respective Subcommissions.
The Chairman of the Commission shall be elected by the members from among
themselves.
SEC. 10. Term of Office and Compensation.—The non-ex-officio members of the
Commission shall serve for a term of three (3) years, and shall not serve for more than
two successive terms. Non-ex-officio members shall each receive a per diem of One
thousand pesos (P1,000.00) for actual attendance in meetings of the Commission, but
not to exceed Five thousand pesos (P5,000.00) a month, and shall be reimbursed travel
expenses incurred for actual attendance of meetings.
Ex-officio members of the Commission shall receive representation and travel al-
lowances (RATA) in accordance with rates recommended by the Department of Budget
and Management.
SEC. 11. Membership Restrictions.—During his/her term as member of the
Commission, a Commissioner shall not be eligible for any grant or such other financial
aid from the Commission as an individual; Provided, however, that he/she may compete
for grants and awards on the same level as other artists one (1) year after his/her term
shall have expired.
SEC. 12. Mandate.—The Commission is hereby mandated to formulate and im-
plement policies and plans in accordance with the principles stated in Title I of this Act.
To encourage the continuing balances development of a pluralistic culture by the
people themselves, it shall;
937
HUMAN HABITAT
a. Encourage and ensure the exercise of the freedom of expression by eliminating

all forms of censorships inimical to cultural and artistic growth and development with-
out prejudice to the rights of other people to develop their own culture, or to the en-
hancement of a genuinely Filipino culture;
b. Extend financial and economic assistance such as subsidies, artist funds and
social security to promote cultural development and protect artists and cultural work-
ers;
c. Ensure the decentralization of opportunities for creative expression through
the establishment of local culture and art centers in various regions, with resources
needed for artistic cultural activities;
d. Extend recognition of artistic achievement through awards, grants and ser-
vices to artists and cultural groups which contribute significantly in the Filipino’s cul-
tural legacy;
e. Promote the interests and welfare of artists and cultural workers by protecting
their rights to intellectual and artistic properties as well as by associations which shall
promote and protect the economic and moral rights of artists all over the country;
f. Encourage and support research into the Philippine artistic traditions which
may be adopted for the creation of contemporary forms;
g. Adopt measures and recommend legislations to protect the intellectual and ar-
tistic rights and properties of Filipino artists, cultural workers and other matters con-
cerning culture and arts;
h. Explore and adopt the best possible structure of relationship between the pub-
lic and private sector at the local level, taking into account varying socio-cultural situa-
tions.
To conserve and promote the nation’s historical and cultural heritage, it shall:
a. Support, monitor and systematize the retrieval and conservation of artifacts of
Filipino culture and history and all Filipino cultural treasures from all over the archi-
pelago and other countries;
b. Encourage and support the study, recognition and preservation of endangered
human cultural resources such as weavers, chanters, dancers, and other craftsmen as
well as the conservation and development of such artistic, linguistic and occupational
skills as are threatened with extinction;
c. Support and promote the establishment and preservation of cultural and his-
torical monuments, markers, names, and sites;
d. Encourage and support the establishment and/or maintenance all over the
country of museums, libraries, archives, private or public, as repositories, respectively
of all cultural/historical artifacts and artistic creation, printed works, archival records,
and all other materials indispensable to the study and evaluation of Filipino culture
and history;
938
e. Encourage the private sector to establish and maintain private museums and
libraries;
f. Encourage and support scholarly research into and documentation of Philip-
pine cultural traditions, arts and crafts, as well as significant cultural movements,
achievements and personalities especially in the literary, visual and performing arts;
and in mass media, as well as the various aspects of Filipino culture;
g. Encourage and support the writing of Philippine history from the Filipino per-
spective;
h. Encourage, support and systematize the audio-visual documentation of Fili-
pino cultural expressions in the contemporary period.
To ensure the wildest dissemination of artistic and cultural products among the
greatest number across the country and overseas for their appreciation and enjoyment,
it shall, with the cooperation of the Departments of Education, Culture, and Sports,
Tourism, Interior and local Government, Foreign Affairs and all other concerned agen-
cies, public and private:
a. Cause to be established and developed an intensified arts education program
at all levels of the educational system, public and private, to ensure meaningful arts
integration across the school curriculum;
b. Encourage and support programs through publication, exhibition, production,
performance, staging and reproduction of all Filipino creations;
c. Coordinate and provide technical and/or financial assistance for cultural
events and related activities such as cultural festivals, competitions, lecturers from
seminars and symposia;
d. Encourage and monitor a comprehensive translation program which shall
make works by Filipinos and selected foreign classics equally accessible to Filipino as
well as to international readers;
e. Promote the popularization of information about artistic and cultural achieve-
ments and programs, in coordination with government agencies and non-government
organizations and institutions
f. Reorient tourism programs to become an instrument for popular education of
our people and other about the best of our heritage and creativity;
g. Undertake a systematic collection of statistical and other data which reflects
the stage of cultural conditions in the country, to serve as essential quantitative and
qualitative basis for formulating cultural policies;
h. Create and support a sustained program of international cultural exchange,
scholarships, travel grants and other forms of assistance;
i. Promulgate standards and guidelines for the protection and promotion of Fili-
pino artists, cultural workers and creative works in other countries;
939
HUMAN HABITAT
j. Encourage and support the continuous training of cultural workers and ad-
ministrators by qualified trainors.
To preserve and integrate traditional culture and its various creative expressions
as a dynamic part of the national cultural mainstream, it shall:
a. Help set up or encourage , monitor and subsidize companion systems at the re-
gional, provincial and local levels, intended to develop traditional cultures such as
arts/craft centers, preferably in community settings apart from the usual museum set-
tings, where exponents of living and crafts can practice an teach their art and enrich
contemporary settings;
b. Encourage and subsidize cultural research and the retrieval of cultural re-
search information (e.g. folklore, dance, music, crafts) through the training of students,
teachers, and cultural researchers, and their revitalization by practice and perform-
ance;
c. Ensure that the ultimate beneficiaries of all research efforts, tourism pro-
grams and other activities affecting cultural communities are the people and cultural
communities that are the subject of research, and that their cultures are nurtured
rather than violated , damaged, or exploited;
d. Ensure that the relevant information is made available to legislators who in-
troduce laws with cultural implication;
e. Encourage and support the continuous training of cultural workers and admin-
istrators by qualified trainors;
To ensure that the standards of excellence are pursued in programs and activities
implementing policies herein stated, it shall encourage and support continuing discus-
sion and debate, through symposia, workshops, publications, etc., on the highest norms
available in the matrix of Philippine culture.
SEC. 13. Powers and Functions.—To carry out this mandate, the Commission
shall exercise the following powers and functions:
a. encourage and facilitate the organization of a network of a regional and local
councils for culture and the arts, hereunder described, to ensure a broad nationwide,
people-based participation in the formulation of plans, the enforcement of culture-
related laws and regulations, the implementation of programs/projects and the review
of funding requirements
b establish a secretariat under an Executive Director for the administrative and
day-to-day operation of the Commission;
c. set up a system of networking and coordination with and among all existing
government cultural agencies for the effective implementation of programs and activi-
ties;
d. create committees and other mechanisms to help expedite the implementation
of plans and strategies;
940
e. call upon and coordinate with other government and non-government art and
cultural institutions and agencies for the assistance in any form;
f. generate resources, both from the government and private sectors, local, na-
tional, or international, for its operation, as well as for the National Endowment fund
for Culture and Arts;
g. receive and accept donation and other conveyances including funds, materials,
and services, by gratuitous title;
h. administer the National Endowment Fund for Culture and Arts and give
grants for the development, protection, preservation, and dissemination of Philippine
culture and arts, and designate a comptroller;
i. prepare an annual budget of the Commission and submit the same to the
President for inclusion in the annual General Appropriations Act;
j. advise the President on matters pertaining to culture and the arts, including
the creation of a special decoration or award, for persons who have significantly con-
tributed to the development and promotion of Philippine culture and arts;
k. promulgate rules, regulations, and undertake any and all measures as may be
necessary to implement this Act;
l. regulate activities inimical to preservation/conservation of national cultural
heritage/properties.
SEC. 14. The Secretariat.—The Commission shall organize a Secretariat headed
by an Executive Director. The Commission shall fix its staffing pattern, determine the
duties, qualifications, responsibilities and functions as well as the compensation scheme
for the positions to be created upon the recommendation of the Executive Director. The
staffing pattern shall be approved and prescribed by the Commission within one hun-
dred twenty (120) days from the approval of this Act.
SEC. 15. The Sub-commissions.—The Commission shall oversee the operation
and maintenance of National Committees under the following Sub-commissions:
a. Sub-commission on Cultural Heritage, which shall cover but will not be limited
to the following areas: libraries and information services, archives, museums, galleries,
monuments, and sites, and historical research;
b. Submission on the Arts, which shall cover but he will not be limited to the fol-
lowing areas; literary arts, visual arts, architecture, dramatic arts, broadcast arts, mu-
sical arts, dance, and film;
c. Sub-commission on Cultural Dissemination, which shall cover but will not be
limited to the following areas: language and translation, cultural events, cultural edu-
cation and information;
d. Sub-commission on Cultural Communities and Traditional Arts, which shall
cover but will not be limited to the following areas; Agta culture and arts, cultures and
941
HUMAN HABITAT
arts of Northern cultural communities, Southern cultural communities, Muslim cultural

communities, and lowland cultural communities.
SEC. 16. Local, Provincial or Regional Councils.—The Commission may estab-
lish or coordinate with local, provincial, or regional government or non-government
councils/groups to promote, develop and implement programs and plans of the Commis-
sion.
SEC. 17. The National Advisory Board.—The chairpersons of the National
Committees shall form the National Advisory Board.
SEC. 18. The National Cultural Agencies.—The Commission shall coordinate
with the national cultural agencies including but not limited to the Cultural Center of
the Philippines, the Institute of Philippine Languages, the National Historical Insti-
tute, the National Library, the National Museum, the Records Management and Ar-
chives Office. However, they shall continue operating under their respective charters or
as provided by law where provisions therein are not inconsistent with the provisions of
this Act. They shall serve as the national repository and/or showcase, as the case may
be of the best of Philippine culture and arts. For this purpose, these agencies shall
submit periodic reports, including recommendations to the Commission.
SEC. 19. Program Plans.—The Commission shall within three (3) months after
having been officially constituted and finally staffed, adopt and immediately cause to be
implemented in coordination with cultural agencies, a short-range program in support
of relevant existing projects and activities; and within six (6) months, a long range
three-year development program. This development program shall be developed and
subjected to annual review and revision by the Commission in coordination with the
councils as well as public and private cultural agencies and organizations.
SEC. 20. The National Endowment Fund for Culture and Arts.—A National En-
dowment Fund for Culture and Arts (the Fund) is hereby established exclusively for
Philippine art and cultural programs, projects and activities all over the country.
a. The contribution of the Fund shall be the following:
1. the amount of One hundred million pesos (P100,000,000.00) as seed capi-
tal shall be taken from the Philippine Amusement and Gaming Corporation
(PAGCOR) fund at Five million pesos (P5,000,000.00) per month for twenty (20)
months: Provided, that no grant shall be awarded by the Commission except from
the interest drawn from the funds; Provided, further, that no grant shall be
awarded until after one (1) year from the organization of the Fund.
2. ten percent (10%) of the travel tax collection, the share to be taken from
the annual allotment of the travel tax given to the Philippine Tourism Authority.
b. Government corporations are hereby authorized to give grants to the Fund at
their discretion, but not to exceed fifteen percent (15%) of their unimpaired surplus;
c. The private portion of the Fund shall be raised from donations and other con-
veyances including funds, materials, property and services, by gratuitous title;
942
d. Contributions to the Fund shall be deductible for income tax purposes in ac-
cordance with the provisions of Section 29 (h)(2)(A) of the National Internal Revenue
Code;
e. For the sound and judicious management of the Fund, the Commission shall
appoint a reputable government-accredited investment institution as Fund Manager,
subject to guidelines promulgated by the Commission;
f. The Commission shall be the administrator of the Fund, and as such, shall
prepare implementing guidelines and decision-making mechanisms, subject to the fol-
lowing:
1. unless otherwise stipulated by the private donor, only earnings of private
contributions shall be used;
2. no part of the seed capital of the Fund, including earnings, thereof, shall
be used to underwrite overhead expenses for administration;
3. not more than twenty percent (20%) of the Government’s annual contri-
bution to the Fund shall be devoted to administrative functions of the Commission;
at least ten percent (10%) shall be earmarked as part of the fund’s capital, and the
balance shall be used for its programs and projects;
4. the Commission shall organize a separate staff, administratively inde-
pendent of the secretariat to be headed by a comptroller appointed by and directly
responsible and accountable to the Commission;
5. there shall be an external auditor to perform an annual audit of its per-
formance;
6. the Fund shall be exempt from pre-audit by the Commission on Audit.
SEC. 21. Tax Exemption.—The Commission shall be exempt on all its income
and duty obligations. All materials that are reasonably necessary and are not manufac-
ture or produced locally for the use of the Filipino artists shall be tax of duty free.
SEC. 22. Revolving Fund.—The income of the Commission not exceeding the
amount Five hundred thousand pesos (P500,000.00) derived from the proceeds of sales
of cultural items or publications shall be constituted as a revolving fund for the fabrica-
tion of such items or printing of such publications. Sales proceeds in excess of the
aforementioned amount shall be remitted to the National Treasury and shall accrue to
the General Fund.
Title III
SEC. 23. Transitory Provisions.—

a. All the personnel, properties, assets and liabilities of the Presidential Commis-
sion on Culture and Arts (PCCA) created by Executive Order No. 188, are hereby trans-
ferred to the Commission as its successor-in-interest.
943
HUMAN HABITAT
b. within a period one (1) year after the first meeting of the Commission, it shall
harmonize the policies of the cultural agencies referred to, but limited to those enumer-
ated in Section 18 of this Act, with those of the Commission as over-all policy-making
and coordinating body, as herein indicated.
SEC. 24. Notice or Consent Requirement.—If any organizational change herein
authorized is of such substance or
materiality as to prejudice third per-
sons with rights recognized by law or
contract such that notice to or consent
of said persons or creditors is required
to be made or obtained pursuant to any
agreement entered into with any of
such creditors, such notice or consent
requirement shall be complied with
prior to the implementation of such
organizational change.
SEC. 25. Separability Clause.—
Any portion or provisions of this Act
that may be declared unconstitutional
shall not have the effect of nullifying
other portions or provisions thereof as
long as such remaining portions or
provisions can still subsist and be
given effect in their entirety.
SEC. 26. Saving Clause.—All
laws, rules, regulations, other issu-
ances or parts thereof which are incon-
sistent with this Act are hereby re-
pealed or modified accordingly. All
provisions of Executive Order No. 118
not inconsistent with this Act shall
however remain in full force and effect.
“Fill the seats of justice with good men, not so
absolute in goodness as to forget what human SEC. 27. This Act shall take ef-
frailty is.”— Sir Thomas Noon Talfourd fect immediately upon its approval.
(A. Oposa) Approved: April 3, 1992
944
Declaring Certain Areas and Sites as National Sites and Shrines
Whereas, Pursuant to Article 15, Section 9, paragraph 2 of the Constitution of the

Philippines, “Filipino culture shall be preserved and developed for national identity”;
Whereas, Republic Act No. 4846 declares that it is the policy of the State to pre-
serve and protect the cultural properties of the nation;
Whereas, There is a necessity of preserving and utilizing the cultural properties of
the nation for the furtherance of the people’s culture;
Whereas, The government recognizes the fact that the cultural properties of the
country are necessary and indispensable for the correct understanding of its history and
culture;
Whereas, There are cultural properties which are especially of high value from the
viewpoint of world culture and are considered as irreplaceable treasures of the country;
Whereas, The development and preservation of cultural properties are also neces-
sary in the promotion of tourism;
the powers vested in me by the Constitution as Commander-in-Chief of all the Armed
1972 and General Order No. 1 dated September 22, 1972, do hereby decree, order and
make as part of the law of the land, the following:
SECTION 1. The Sta. Ana Site Museum in Manila, the Roman Catholic
Churches of Paoay and Bacarra in Ilocos Norte, the San Agustin Church and liturgical
objects therein in Intramuros, Manila, Fort Pilar in Zamboanga City, the Petroglyphs of
the Rockshelter in Angono, Rizal, the Petroglyphs of Alab, Bontoc, the Stone Agricul-
tural Calendars of Dap-ay Guiday in Besao, Bontoc, the Mummy Caves of Kabayan,
Benguet and of Sagada and Alab, Bontoc, the Ifugao Rice Terraces of Banaue are
hereby declared as National Cultural Treasures along the lines of Sections 3 and 7 of
Republic Act 4846 defining cultural properties and treasures, and their preservation,
restoration and/or reconstruction shall be under the supervision and control of the Na-
tional Museum in collaboration with the Department of Tourism;
SEC. 2. The Barasoain Church in Malolos, Bulacan, Tirad Pass in Cervantes,
Ilocos Sur, the Miagao Church in Miagao, Iloilo, the Site of the Battle of Mactan on
Mactan Island in Cebu, the San Sebastian Church in Quiapo, Manila, and the Church
and Convent of Sto. Niño in Cebu City are hereby declared as National Shrines, Monu-
ments and/or Landmarks in accordance with the provisions of Republic Act 4368 and
their preservation, restoration and/or reconstruction shall be under the supervision and
control of the National Historical Commission in collaboration with the Department of
Tourism;
SEC. 3. To carry out the intents of this decree the sum of P500,000.00 for the
National Museum and P500,000.00 for the National Historical Commission are hereby
945
HUMAN HABITAT
authorized to be appropriated out of the funds of the National Treasury, not otherwise
appropriated. Subsequent funds therefore shall be incorporated in the Annual Budget.
SEC. 4. The National Museum and the National Historical Commission are
hereby vested with the right to declare other such historical and cultural sites as na-
tional shrines, monuments, and/or landmarks, in accordance with the guidelines set
forth in Republic Act 4846 and the spirit of this Decree.
SEC. 5. The provisions of Republic Act 4846 and Republic Act 4368 and other
laws which are inconsistent with this Decree are accordingly modified or repealed.
Approved: August 1, 1973.
National Historical Commission (Republic Act 4368)
SECTION 1. There is hereby created a National Historical Commission which

shall be composed of a Chairman and four regular members and two ex-officio members,
namely, the Director of Pub-
lic Libraries and the Direc-
tor of the National Mu-
seum: Provided, That the
ex-officio members shall not
receive any compensation
and shall not have the right
to vote.
SEC. 2. The Chair-
man and four members
shall be appointed by the
President of the Philip-
pines with the consent of
the Commission on Ap-
pointments. No one shall
be appointed to any of
these positions unless he be
a citizen of the Philippines,
at least thirty years old, at
least a holder of a four-year “Plans to protect air and water, wilderness and wildlife are
college degree, and has in fact plans to protect man.” — Stewart Udall
distinguished himself in
historical research and writing. The Chairman shall receive a compensation of twelve
thousand pesos per annum, and the four members shall each receive eight thousand four
hundred pesos per annum.
946
NATIONAL HISTORICAL COMMISSION
SEC. 3. The National Historical Commission shall be under the direct control
and supervision of the Department of Education. The Chairman and the four members
shall hold office during good behavior until they reach retirement age or until they shall
have been incapacitated to discharge their duties effectively.
SEC. 4. It shall be the duty of the National Historical Commission:
a. To publish or cause to have written or published the works of our national he-
roes and other great and good Filipinos;
b. To compile from various sources here and abroad data on Philippine history
and prepare and publish there from source books on Philippine history;
c. For the purpose stated in subparagraph (a) and (b), to enter into negotiations
or agreements, subject to the approval of the Secretary of Education, with institutions
of learning, learned societies and individuals for the purpose of securing original docu-
ments of copies, photostant and microfilms thereof, dealing with the Philippines: Pro-
vided, That any acquisition involved in excess of fifty thousand pesos shall be with the
approval of the President of the Philippines;
d. To gather and publish source books, reports, records and other valuable infor-
mation relating to historic places, markets and events;
e. To identify, designate and appropriately mark historic places in the Philip-
pines and to cause the construction or reconstruction and to maintain and care for na-
tional monuments, shrines and historic markets that have been or may hereafter be
erected in pursuance of this Act: Provided, however, That the Commission shall enlist
the assistance of the public;
f. To take charge of all historical activities or projects, not otherwise undertaken
by any entity of the government;
g. To gather data on historical dates, personages, events, and documents pre-
sented for evaluation, and to acquire through purchase, donation, exchange or other-
wise, important historical documents and materials;
h. To encourage researches in Philippine history and the writing and publication
of textbooks on the subject, the research and writing of biographics of heroes, accounts
of historical events, translation of important scholarly works of Filipino and foreigners
by providing appropriate or adequate incentives, setting aside, for this purpose, such
portions of its appropriation as the Commission may deem necessary; and
i. To work in coordination with the Institute of National Language for the trans-
lation of its works and materials to the National Language.
SEC. 5. The publications and other reading materials distributed by the Na-
tional Historical Commission shall be accepted by the Bureau of Post free of charge.
SEC. 6. The Philippine Historical Committee and the existing National Heroes
Commission are hereby abolished and their functions shall be performed by the Na-
tional Historical Commission. All personnel, documents, materials, equipment, and
947
HUMAN HABITAT
unexpected balances belonging to those agencies are hereby transferred to the National
Historical Commission.
SEC. 7. To carry out the objectives of this Act the Department of Education is
hereby empowered to designate existing agencies to implement the policies adopted and
activities programmed by the National Historical Commission as stated in Section two
hereof.
SEC. 8. The Commission, upon the recommendation of the Chairman, shall ap-
point such personnel as may be deemed necessary; shall fix their compensation; pre-
scribe their duties; and establish such methods and procedures as may ensure the effi-
cient, honest and economical administration of the provisions and purpose of this Act.
SEC. 9. There is hereby authorized to be appropriated out of any funds in the
National Treasury not otherwise appropriated, the sum of five hundred thousand pesos
for the operation of the National Treasury not otherwise appropriated, the sum of five
hundred thousand pesos for the operation of the National Historical Commission. This
amount shall be included in the annual General Appropriations Act of the Philippine
Government next fiscal year. Any unexpected balance of the appropriation of the Com-
mission shall be reverted to the National Treasury.
SEC. 10. All laws, Acts, parts of acts, executive orders and administrative regu-
lations which are inconsistent with this Act are hereby repealed.
Cultural Heritage & National Patrimony

The national patrimony includes not only the natural resources of the Philippines
but also the cultural heritage of the Filipinos.
Facts: Pursuant to the privatization program of the government, GSIS decided
to sell the Manila Hotel to a private corporation. Ina closed bidding held on Sept. 18,
1995, Renong Berhad of Malaysia (ITT-Sheraton) won over the petitioner Manila
Prince. However, pending the declaration of Renong Berhad as the winning bidder,
Manila Prince tendered another bid matching that of Renong Berhad. GSIS refused to
accept this later bid.
Manila Prince then filed a suit for prohibition and mandamus before the Supreme
Court to prevent GSIS from awarding the contract to Renong Berhad and to compel
GSIS to proclaim Manila Prince as the winning bidder. It argued that the Manila Hotel
has, for all intents and purposes, become part of the national patrimony and cannot be
alienated to foreign interests pursuant to Section 10 (2) Article XII of the 1987 Consti-
tution. And since the hotel business is part of the tourism industry of the country, it
would also be included within the meaning of the said provision.
Respondent GSIS argues that the said Constitutional provision is merely a state-
ment of principle and policy and is not self-executing. It requires an implementing law
or legislation before it can he enforceable. Moreover, the hotel does not fall under the
948
term national patrimony as enumerated in Section 2 Article XII of the Constitution.

And even granting that the hotel forms part of the national patrimony, the provision is
still inapplicable since what is being sold is only fifty-one percent of the shares and not
the hotel nor the land on which it stands.
Issue: Is Manila Hotel part of the national patrimony?
Held: Yes. "Section 10 (2) Article XII of the 1987 Constitution is a mandatory,
positive command which is complete in itself and which needs no further guidelines or
implementing laws or rules for its enforcement. From its very words, the provision does
not require any legislation to put it in operation. It is per se judicially enforceable.
When our Constitution mandates that [i]n the grant of rights, privileges, and conces-
sions covering national economy and patrimony, the State shall give preference to quali-
fied Filipinos, it means just that-qualified Filipinos shall be preferred.
“In its plain and ordinary meaning, the term patrimony pertains to heritage.
When the Constitution speaks of national patrimony, it refers not only to the natural
resources of the Philippines, as the Constitution could have very well used the term
natural resources, but also to the cultural heritage of the Filipinos.”
Manila Prince Hotel v. Government Service Insurance System (GSIS)

67 SCRA 408, February 3, 1997
Historical Landmark
Historical Landmark Belongs to the Owner, Not the Lessee.
Facts: The Army and Navy Club, Inc., leased a piece of land owned by the City of
Manila but failed to pay the rents for seven (7) consecutive years. The City of Manila
sued the club and demanded the latter's eviction from the premises.
The Army and Navy Club, Inc., contends that since the Army and Navy Club has
been declared a national historical landmark by the National Historical Commission on
June 29, 1992, its existence should not in any way be undermined by the simple eject-
ment suit filed against it.
Held: The National Historical Commission was not given the authority to vest
such right of ownership or possession of a private property to the Army and Navy Club,
Inc. The authority of the Commission is limited only to the supervision of any recon-
struction, restoration or preservation of the architectural design of the identified his-
torical building and nothing more.
The Army and Navy Club is merely a lessee of the property. By virtue of the lease
contract, it had obligations to fulfill. And since the terms and conditions of the contract,
its eviction is therefore inevitable.
Army and Navy Club v. Court of Appeals, et al.
G.R. No. 110223, April 8,1997
949
HUMAN HABITAT
The Meaning of Cultural Properties
Facts: In the aftermath of the 1986 People Power Revolution in the Philippines,
a government agency was created and tasked to recover the alleged hidden wealth of
former president Marcos called the Presidential Commission on Good Government
(PCGG). Part of what was alleged to be part of Marcos' wealth was a collection of the old
masters as well as the 18th and 19th century silverware. (To this date, the alleged own-
ership by Marcos in his personal capacity is questionable considering the fact that the
paintings and silverware were in public display in Malacanang Palace and in the Met-
ropolitan Museum of Manila.)
The PCGG attempted to sell these artifacts at the famous Christie's auction house
in New York. Dean Jose Joya of the University of the Philippines, College of Fine Arts,
together with other concerned artists and citizens objected to the sale because the as-
sets subject of auction were historical relics and had cultural significance. Hence, they
argued that their disposal was prohibited by law.
Held: Section 2 of R.A. 4846, as amended by P.D. 374, provided that the cultural
properties of the nation which shall be under the protection of the state are classified as
the “important cultural properties” and the “national cultural treasures Important
cultural properties” are cultural properties which have been singled out from among the
innumerable cultural properties as having exceptional historical and cultural signifi-
cance to the Philippines but are not sufficiently outstanding to merit the classification
of national cultural treasures. On the other hand, a “national cultural treasure” is a
unique object found locally, possessing outstanding historical, cultural, artistic and/or
scientific value which is highly significant and important to this country and nation.
The Court took note of the certification issued by the Director of the Museum that
the Italian paintings and silverware subject of this petition do not constitute protected
cultural properties and are not among those listed in the Cultural Properties Register of
the National Museum. Under the law, it is the Director of the Museum who is author-
ized to undertake the inventory, registration, designation or classification, with the aid
of competent experts, of important cultural properties and national cultural treasures.
Findings of administrative officials and agencies who have acquired expertise because
their jurisdiction is confined to specific matters are generally accorded not only respect
but at times even finality if such findings are supported by substantial evidence and are
controlling on the reviewing authorities because of their acknowledged expertise in the
fields of specialization to which they are assigned.
JOYA, et al. v. PCGG, et al.
GR. No. 96541, August 24, 1993
950
Public Character of Historical Landmark
Facts: A parcel of land owned by Manosca, et al., was ascertained by the Na-
tional Historical Institute to have been the birthsite of Felix Y. Manalo, the founder of
Iglesia Ni Cristo. The Institute, as an agency of the Government charged with the
maintenance and care of national shrines, monuments and landmarks and the devel-
opment of historical sites, monuments and/or landmarks, declared the land to be a na-
tional historical landmark. Condemnation proceedings for the purpose of acquiring the
lot was instituted by the Government. Manosca moved to dismiss the complaint on the
ground that the expropriation was not for a public purpose and, incidentally, that the
act would constitute an application of public funds, directly or indirectly, for the use,
benefit, or support of Iglesia ni Cristo, a religious entity.
Issue: Is a historical site public use under the meaning of the law to justify ex-
propriation by Government?
Held: The term “public use,” must be considered in its general concept of meet-
ing a public need or a public exigency. The practical reality that greater benefit may be
derived by members of the Iglesia ni Cristo than by most others could well be true but
such a peculiar advantage still remains to be merely incidental and secondary in na-
ture. Indeed, that only a few would actually benefit from the expropriation of property
does not necessarily diminish the essence and character of public use. The lot was de-
clared a national historical landmark in commemoration of Felix Manalo's significant
contribution to Philippine history.
Manosca v. Court of Appeals
G.R. No. 106440. January 29,1996
Civil Code Provisions on Hidden Treasures (Republic Act 386)
“Nature's great law, and law of all men's minds?-- To its own impulse every creature
stirs; Live by thy light, and earth will live by hers!”— Matthew Arnold
(Y. Lee)
951
HUMAN HABITAT
Art. 438. Hidden treasure belongs to the owner of the land, building, or other
property on which it is found.
Nevertheless, when the discovery is made on the property of another, or of the
state or any of its subdivisions, and by chance, one-half thereof shall be allowed to the
finder. If the finder is a trespasser, he shall not be entitled to any share of the treasure.
If the things found be of interest to science or the arts, the State may acquire them
at their just price, which shall be divided in conformity with the rule stated.
Art. 439. By treasure is understood, for legal purposes, any hidden and un-
known deposit of money, jewelry, or other precious objects, the lawful ownership of
which does not appear
A Mania for Treasure Hunting
The fascination and lure of hidden treasure has always captured the imagination
of people. Even governments have been known to officially sanction treasure hunting.
In the Philippines in the late 1980s, during the much-vaunted administration of
then President Corazon Aquino, there was a surge of interest in treasure-hunting. The
activities even had the color of official sanction inasmuch as one of the leading person-
alities heading the activity was a high-ranking government official, no less than the
National Security Adviser. While shrouded in secrecy, treasure-hunting activities
reached feverish and almost scandalous proportions when it was discovered that dig-
gings were being made in Fort Santiago, a historical landmark. Dating back to the
Spanish era, Fort Santiago was a garrison where the Filipino national hero Jose Rizal
was imprisoned before his execution. In World War II, the Fort was also used by the
Japanese occupying forces as the prison camp of Filipinos.
This official interest in treasure hunting was reflected in Executive Order No. 416
(1990) which transferred the function of issuing excavation permits for hidden treasure
from the Department of Environment and Natural Resources (DENR) to the Office of
the President.
Indigenous People’s Rights Law (IPRA)

Chapter I
General Provisions
SECTION 1. Short Title.—This Act shall be known as “The Indigenous Peoples

Rights Act of 1997.”
SEC. 2. Declaration of State Policies.—The State shall recognize and promote all
the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) here-
under enumerated within the framework of the Constitution:
952
INDIGENOUS PEOPLE’S RIGHTS LAW
a. The State shall recognize and promote the rights of ICCs/IPs within the frame-
work of national unity and development.
b. The State shall protect the rights of ICCs/IPs to their ancestral domains to en-
sure their economic, social and cultural well-being and shall recognize the applicability
of customary laws governing property rights or relations in determining the ownership
and extent of ancestral domain.
“A certain degree of physical harmony and comfort is necessary, but above a certain
level it becomes a hindrance instead of help.” — Mahatma Gandhi
(G. Tapan)
c. The State shall recognize, respect and protect the rights of ICCs/IPs to pre-
serve and develop their cultures, traditions and institutions. It shall consider these
rights in the formulation of national laws and policies.
d. The State shall guarantee that members of the ICCs/IPs regardless of sex,
shall equally enjoy the full measure of human rights and freedoms without distinction
or discrimination.
e. The State shall take measures, with the participation of the ICCs/IPs con-
cerned, to protect their rights and guarantee respect for their cultural integrity, and to
ensure that members of the ICCs/IPs benefit on an equal footing from the rights and
opportunities which national laws and regulations grant to other members of the popu-
lation.
953
HUMAN HABITAT
f. The State recognizes its obligations to respond to the strong expression of the
ICCs/IPs for cultural integrity by assuring maximum ICC/IP participation in the direc-
tion of education, health, as well as other services of ICCs/IPs, in order to render such
services more responsive to the needs and desires of these communities.
Towards these ends, the State shall institute and establish the necessary mecha-
nisms to enforce and guarantee the realization of these rights, taking into consideration
their customs, traditions, values, beliefs, interests and institutions, and to adopt and
implement measures to protect their rights to their ancestral domains.
Chapter II
Definition of Terms
SEC. 3. Definition of Terms.—For purposes of this Act, the following terms shall
mean:
a. Ancestral domains—Subject to Section 56 hereof, refers to all areas generally
belonging to ICCs/IPs comprising lands, inland waters, coastal areas, and natural re-
sources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs, by
themselves or through their ancestors, communally or individually since time immemo-
rial, continuously to the present except when interrupted by war, force majeure or dis-
placement by force, deceit, stealth or as a consequence of government projects or any
other voluntary dealings entered into by government and private individuals/cor-
porations, and which are necessary to ensure their economic, social and cultural wel-
fare. It shall include ancestral lands, forests, pasture, residential, agricultural, and
other lands individually owned whether alienable and disposable or otherwise, hunting
grounds, burial grounds, worship areas, bodies of water, mineral and other natural
resources, and lands which may no longer be exclusively occupied by ICCs/IPs but from
which they traditionally had access to for their subsistence and traditional activities,
particularly the home ranges of ICCs/IPs who are still nomadic and/or shifting cultiva-
tors;
b. Ancestral lands—Subject to Section 56 hereof, refers to land occupied, pos-
sessed and utilized by individuals, families and clans who are members of the ICCs/IPs
since time immemorial, by themselves or through their predecessors-in-interest, under
claims of individual or traditional group ownership, continuously, to the present except
when interrupted by war, force majeure or displacement by force, deceit, stealth, or as a
consequence of government projects and other voluntary dealings entered into by gov-
ernment and private individuals/corporations, including, but not limited to, residential
lots, rice terraces or paddies, private forests, swidden farms and tree lots;
c. Certificate of ancestral domain title—refers to a title formally recognizing the
rights of possession and ownership of ICCs/IPs over their ancestral domains identified
and delineated in accordance with this law;
954
d. Certificate of ancestral lands title—refers to a title formally recognizing the

rights of ICCs/IPs over their ancestral lands;
e. Communal claims—refers to claims on land, resources and rights thereon, be-
longing to the whole community within a defined territory;
f. Customary laws—refers to a body of written and/or unwritten rules, usages,
customs and practices traditionally and continually recognized, accepted and observed
by respective ICCs/IPs;
g. Free and prior informed consent—as used in this Act, shall mean the consen-
sus of all members of the ICCs/IPs to be determined in accordance with their respective
customary laws and practices, free from any external manipulation, interference and
coercion, and obtained after fully disclosing the intent and scope of the activity, in a
language and process understandable to the community;
h. Indigenous cultural communities/indigenous peoples—refers to a group of
people or homogenous societies identified by self-ascription and ascription by others,
who have continuously lived as organized community on communally bounded and
defined territory, and who have, under claims of ownership since time immemorial,
occupied, possessed and utilized such territories, sharing common bonds of language,
customs, traditions and other distinctive cultural traits, or who have, through resis-
tance to political, social and cultural inroads of colonization, non-indigenous religions
and cultures, became historically differentiated from the majority of Filipinos. ICCs/IPs
shall likewise include peoples who are regarded as indigenous on account of their de-
scent from the populations which inhabited the country, at the time of conquest or colo-
nization, or at the time of inroads of non-indigenous religions and cultures, or the estab-
lishment of present state boundaries, who retain some or all of their own social, eco-
nomic, cultural and political institutions, but who may have been displaced from their
traditional domains or who may have resettled outside their ancestral domains;
i. Indigenous political structures—refers to organizational and cultural leader-
ship systems, institutions, relationships, patterns and processes for decision-making
and participation, identified by ICCs/IPs such as, but not limited to, Council of Elders,
Council of Timuays, Bodong Holders, or any other tribunal or body of similar nature;
j. Individual claims—refers to claims on land and rights thereon which have
been devolved to individuals, families and clans including, but not limited to, residen-
tial lots, rice terraces or paddies and tree lots;
k. National Commission on Indigenous Peoples (NCIP)—refers to the office cre-
ated under this Act, which shall be under the Office of the President, and which shall be
the primary government agency responsible for the formulation and implementation of
policies, plans and programs to recognize, protect and promote the rights of ICCs/IPs;
l. Native title—refers to preconquest rights to lands and domains which, as far
back as memory reaches, have been held under a claim of private ownership by
955
HUMAN HABITAT
ICCs/IPs, have never been public lands and are thus indisputably presumed to have
been held that way since before the Spanish Conquest;
m. Non-government organization—refers to a private, non-profit voluntary or-
ganization that has been organized primarily for the delivery of various services to the
ICCs/IPs and has an established track record for effectiveness and acceptability in the
community where it serves;
n. People’s organization—refers to a private, non-profit voluntary organization of
members of an ICC/IP which is accepted as representative of such ICCs/IPs;
o. Sustainable traditional resource rights—refers to the rights of ICCs/IPs to sus-
tainably use, manage, protect and conserve a) land, air, water, and minerals; b) plants,
animals and other organisms; c) collecting, fishing and hunting grounds; d) sacred sites;
and e) other areas of economic, ceremonial and aesthetic value in accordance with their
indigenous knowledge, beliefs, systems and practices; and
p. Time immemorial—refers to a period of time when as far back as memory can
go, certain ICCs/IPs are known to have occupied, possessed in the concept of owner, and
utilized a defined territory devolved to them, by operation of customary law or inherited
from their ancestors, in accordance with their customs and traditions.
Chapter III
Rights to Ancestral Domains
SEC. 4. Concept of Ancestral Lands/Domains.—Ancestral lands/domains shall

include such concepts of territories which cover not only the physical environment but
the total environment including the spiritual and cultural bonds to the areas which the
ICCs/IPs possess, occupy and use and to which they have claims of ownership.
SEC. 5. Indigenous Concept of Ownership.—Indigenous concept of ownership
sustains the view that ancestral and all resources found therein shall serve as the ma-
terial bases of their cultural integrity. The indigenous concept of ownership generally
holds that ancestral domains are the ICCs’/IPs’ private but community property which
belongs to all generations and therefore cannot be sold, disposed or destroyed. It like-
wise covers sustainable traditional resource rights.
SEC. 6. Composition of Ancestral Lands/Domains.—Ancestral lands and do-
mains shall consist of all areas generally belonging to ICCs/IPs as referred under Sec-
tion 3, items (a) and (b) of this Act.
SEC. 7. Rights to Ancestral Domains.—The rights of ownership and possession
of ICCs/IPs to their ancestral domains shall be recognized and protected. Such rights
shall include:
a. Right of ownership—The right to claim ownership over lands, bodies of water
traditionally and actually occupied by ICCs/IPs, sacred places, traditional hunting and
fishing grounds, and all improvements made by them at any time within the domains;
956
b. Right to develop lands and natural resources—Subject to Section 56 hereof,

right to develop, control and use lands and territories traditionally occupied, owned, or
used; to manage and conserve natural resources within the territories and uphold the
responsibilities for future generations; to benefit and share the profits from allocation
and utilization of the natural resources found therein; the right to negotiate the terms
and conditions for the exploration of natural resources in the areas for the purpose of
ensuring ecological, environmental protection and the conservation measures, pursuant
to national and customary laws; the right to an informed and intelligent participation in
the formulation and implementation of any project, government or private, that will
affect or impact upon the ancestral domains and to receive just and fair compensation
for any damages which they may sustain as a result of the project; and the right to
effective measures by the government to prevent any interference with, alienation and
encroachment upon these rights;
“There is an orderliness in the universe, there is an unalterable law governing every-

thing and every being that exists or lives. It is no blind law; for no blind law can
govern the conduct of human beings.”— Mahatma Gandhi (G. Tapan)
c. Right to stay in the territories—The right to stay in the territory and not to be
removed therefrom. No ICCs/IPs will be relocated without their free and prior informed
consent, nor through any means other than eminent domain. Where relocation is con-
sidered necessary as an exceptional measure, such relocation shall take place only with
the free and prior informed consent of the ICCs/IPs concerned and whenever possible,
they shall be guaranteed the right to return to their ancestral domains, as soon as the
957
HUMAN HABITAT
grounds for relocation cease to exist. When such return is not possible, as determined by
agreement or through appropriate procedures, ICCs/IPs shall be provided in all possible
cases with lands of quality and legal status at least equal to that of the land previously
occupied by them, suitable to provide for their present needs and future development.
Persons thus relocated shall likewise be fully compensated for any resulting loss or
injury;
d. Right in case of displacement—In case displacement occurs as a result of natu-
ral catastrophes, the State shall endeavor to resettle the displaced ICCs/IPs in suitable
areas where they can have temporary life support systems: Provided, That the displaced
ICCs/IPs shall have the right to return to their abandoned lands until such time that
the normalcy and safety of such lands shall be determined: Provided further, That
should their ancestral domain cease to exist and normalcy and safety of the previous
settlements are not possible, displaced ICCs/IPs shall enjoy security of tenure over
lands to which they have been resettled: Provided, furthermore, That basic services and
livelihood shall be provided to them to ensure that their needs are adequately ad-
dressed;
e. Right to regulate entry of migrants—The right to regulate the entry of migrant
settlers and organizations into the domains;
f. Right to safe and clean air and water—For this purpose, the ICCs/IPs shall
have access to integrated systems for the management of their inland waters and air
space;
g. Right to claim parts of reservations—The right to claim parts of the ancestral
domains which have been reserved for various purposes, except those reserved and
intended for common public welfare and service; and
h. Right to resolve conflict—The right to resolve land conflicts in accordance with
customary laws of the area where the land is located, and only in default thereof shall
the complaints be submitted to amicable settlement and to the Courts of Justice when-
ever necessary.
SEC. 8. Rights to Ancestral Lands.—The right of ownership and possession of
the ICCs/IPs to their ancestral lands shall be recognized and protected.
a. Right to transfer land/property—Such right shall include the right to transfer
land or property rights to/among members of the same ICCs/IPs, subject to customary
laws and traditions of the community concerned.
b. Right to redemption—In cases where it is shown that the transfer of land/pro-
perty rights by virtue of any agreement or devise, to a nonmember of the concerned
ICCs/IPs is tainted by the vitiated consent of the ICCs/IPs, or is transferred for an un-
conscionable consideration or price, the transferor ICC/IP shall have the right to re-
deem the same within a period not exceeding fifteen (15) years from the date of trans-
fer.
958
SEC. 9. Responsibilities of ICCs/IPs to Their Ancestral Domains—ICCs/IPs oc-

cupying a duly certified ancestral domain shall have the following responsibilities:
a. Maintain ecological balance—To preserve, restore, and maintain a balanced
ecology in the ancestral domain by protecting the flora and fauna, watershed areas, and
other reserves.
b. Restore denuded areas—To actively initiate, undertake and participate in the
reforestation of denuded areas and
other development programs and
projects subject to just and reasonable
remuneration.
c. Observe laws—To observe
and comply with the provisions of this
Act and the rules and regulations for
its effective implementation.
SEC. 10. Unauthorized and
Unlawful Intrusion.—Unauthorized
and unlawful intrusion upon, or use of
any portion of the ancestral domain, or
any violation of the rights hereinbefore
enumerated, shall be punishable un-
der this law. Furthermore, the gov-
“All things in the universe have a language. It is ernment shall take measures to pre-
not they who must learn to speak, it is we.”— vent nonICCs/IPs from taking ad-
Anonymous vantage of the ICCs/IPs customs or
(G. Tapan) lack of understanding of laws to secure
ownership, possession of land belonging to said ICCs/IPs.
SEC. 11. Recognition of Ancestral Domain Rights.—The rights of ICCs/IPs to
their ancestral domains by virtue of Native Title shall be recognized and respected.
Formal recognition, when solicited by ICCs/IPs concerned, shall be embodied in a Cer-
tificate of Ancestral Domain Title (CADT), which shall recognize the title of the con-
cerned ICCs/IPs over the territories identified and delineated.
SEC. 12. Option to Secure Certificate of Title under Commonwealth Act No. 141,
as amended, or the Land Registration Act 496.—Individual members of cultural com-
munities, with respect to their individually-owned ancestral lands who, by themselves
or through their predecessors-in-interest, have been in continuous possession and occu-
pation of the same in the concept of owner since time immemorial or for a period of not
less than thirty (30) years immediately preceding the approval of this Act and uncon-
tested by the members of the same ICCs/IPs shall have the option to secure title to their
959
HUMAN HABITAT
ancestral lands under the provisions of Commonwealth Act No. 141, as amended, or the
Land Registration Act 496.
For this purpose, said individually-owned ancestral lands, which are agricultural
in character and actually used for agricultural, residential, pasture, and tree farming
purposes, including those with a slope of eighteen percent (18%) or more, are hereby
classified as alienable and disposable agricultural lands.
The option granted under this section shall be exercised within twenty (20) years
from the approval of this Act.
Chapter IV
Right to Self Governance and Empowerment
SEC. 13. Self-Governance.—The State recognizes the inherent right of ICCs/IPs

to self-governance and self-determination and respects the integrity of their values,
practices, and institutions. Consequently, the State shall guarantee the right of
ICCs/IPs to freely pursue their economic, social and cultural development.
SEC. 14. Support for Autonomous Regions.—The State shall continue to
strengthen and support the autonomous regions created under the Constitution as they
may require or need. The State shall likewise encourage other ICCs/IPs not included or
outside Muslim Mindanao and the Cordilleras to use the form and content of their ways
of life as may be compatible with the fundamental rights defined in the Constitution of
the Republic of the Philippines and other internationally recognized human rights.
SEC. 15. Justice System, Conflict Resolution Institutions, and Peace-Building
Processes.—The ICCs/IPs shall have the right to use their own commonly accepted jus-
tice systems, conflict resolution institutions, peace building processes or mechanisms
and other customary laws and practices within their respective communities and as
may be compatible with the national legal system and with internationally recognized
human rights.
SEC. 16. Right to Participate in Decision-Making.—ICCs/IPs have the right to
participate fully, if they so choose, at all levels of decision-making in matters which may
affect their rights, lives and destinies through procedures determined by them as well
as to maintain and develop their own indigenous political structures. Consequently, the
State shall ensure that the ICCs/IPs shall be given mandatory representation in poli-
cymaking bodies and other local legislative councils.
SEC. 17. Right to Determine and Decide Priorities for Development.—The
ICCs/IPs shall have the right to determine and decide their own priorities for develop-
ment affecting their lives, beliefs, institutions, spiritual wellbeing, and the lands they
own, occupy or use. They shall participate in the formulation, implementation and
evaluation of policies, plans and programs for national, regional and local development
which may directly affect them.
960
SEC. 18. Tribal Barangays.—The ICCs/IPs living in contiguous areas or com-

munities where they form the predominant population but which are located in munici-
palities, provinces or cities where they do not constitute the majority of the population,
may form or constitute a separate barangay in accordance with the Local Government
Code on the creation of tribal barangays.
SEC. 19. Role of Peoples Organizations.—The State shall recognize and respect
the role of independent ICCs/IPs organizations to enable the ICCs/IPs to pursue and
protect their legitimate and collective interests and aspirations through peaceful and
lawful means.
SEC. 20. Means for Development/Empowerment of ICCs/IPs.—The government
shall establish the means for the full development/empowerment of the ICCs/IPs own
institutions and initiatives and, where necessary, provide the resources needed there-
for.
Chapter V
Social Justice and Human Rights
SEC. 21. Equal Protection and Nondiscrimination of ICCs/IPs.—Consistent

with the equal protection clause of the Constitution of the Republic of the Philippines,
the Charter of the United Nations, the Universal Declaration of Human Rights includ-
ing the Convention on the Elimination of Discrimination Against Women and Interna-
tional Human Rights Law, the State shall, with due recognition of their distinct charac-
teristics and identity, accord to the members of the ICCs/IPs the rights, protections and
privileges enjoyed by the rest of the citizenry. It shall extend to them the same employ-
ment rights, opportunities, basic services, educational and other rights and privileges
available to every member of the society. Accordingly, the State shall likewise ensure
that the employment of any form of force or coercion against ICCs/IPs shall be dealt
with by law.
The State shall ensure that the fundamental human rights and freedoms as en-
shrined in the Constitution and relevant international instruments are guaranteed also
to indigenous women. Towards this end, no provision in this Act shall be interpreted so
as to result in the diminution of rights and privileges already recognized and accorded
to women under existing laws of general application.
SEC. 22. Rights During Armed Conflict.—ICCs/IPs have the right to special pro-
tection and security in periods of armed conflict. The State shall observe international
standards, in particular, the Fourth Geneva Convention of 1949, for the protection of
civilian populations in circumstances of emergency and armed conflict, and shall not
recruit members of the ICCs/IPs against their will into the armed forces, and in particu-
lar, for use against other ICCs/IPs; nor recruit children of ICCs/IPs into the armed
forces under any circumstance; nor force indigenous individuals to abandon their lands,
961
HUMAN HABITAT
territories and means of subsistence, or relocate them in special centers for military
purposes under any discriminatory condition.
SEC. 23. Freedom from Discrimination and Right to Equal Opportunity and
Treatment.—— It shall be the right of the ICCs/IPs to be free from any form of dis-
crimination, with respect to recruitment and conditions of employment, such that they
may enjoy equal opportunities for admission to employment, medical and social assis-
tance, safety as well as other occupationally-related benefits, informed of their rights
under existing labor legislation and of means available to them for redress, not subject
to any coercive recruitment systems, including bonded labor and other forms of debt
servitude; and equal treatment in employment for men and women, including the pro-
tection from sexual harassment.
Towards this end, the State shall, within the framework of national laws and regu-
lations, and in cooperation with the ICCs/IPs concerned, adopt special measures to
ensure the effective protection with regard to the recruitment and conditions of em-
ployment of persons belonging to these communities, to the extent that they are not
effectively protected by laws applicable to workers in general.
ICCs/IPs shall have the right to association and freedom for all trade union activi-
ties and the right to conclude collective bargaining agreements with employers’ organi-
zations. They shall likewise have the right not to be subject to working conditions haz-
ardous to their health, particularly through exposure to pesticides and other toxic sub-
stances.
SEC. 24. Unlawful Acts Pertaining to Employment.—It shall be unlawful for any
person:
a. To discriminate against any ICC/IP with respect to the terms and conditions of
employment on account of their descent. Equal remuneration shall be paid to ICC/IP
and conic/IP for work of equal value; and
b. To deny any ICC/IP employee any right or benefit herein provided for or to dis-
charge them for the purpose of preventing them from enjoying any of the rights or bene-
fits provided under this Act.
SEC. 25. Basic Services.—The ICCs/IPs have the right to special measures for
the immediate, effective and continuing improvement of their economic and social con-
ditions, including in the areas of employment, vocational training and retraining, hous-
ing, sanitation, health and social security. Particular attention shall be paid to the
rights and special needs of indigenous women, elderly, youth, children and differently
baled persons. Accordingly, the State shall guarantee the right of ICCs/IPs to govern-
ment’s basic services which shall include, but not limited to, water and electrical facili-
ties, education, health, and infrastructure.
SEC. 26. Women.—ICC/IP women shall enjoy equal rights and opportunities
with men, as regards the social, economic, political and cultural spheres of life. The
962
participation of indigenous women in the decision-making process in all levels, as well

as in the development of society, shall be given due respect and recognition.
The State shall provide full access to education, maternal and child care, health
and nutrition, and housing services to indigenous women. Vocational, technical, profes-
sional and other forms of training shall be provided to enable these women to fully par-
ticipate in all aspects of social life. As far as possible, the State shall ensure that in-
digenous women have access to all services in their own languages.
SEC. 27. Children and Youth.—The State shall recognize the vital role of the
children and youth of ICCs/IPs in nation building and shall promote and protect their
physical, moral, spiritual, intellectual and social wellbeing. Towards this end, the State
shall support all government programs intended for the development and rearing of the
children and youth of ICCs/IPs for civic efficiency and establish such mechanisms as
may be necessary for the protection of the rights of the indigenous children and youth.
SEC. 28. Integrated System of Education.—The State shall, through the NCIP,
provide a complete, adequate and integrated system of education, relevant to the needs
of the children and young people of ICCs/IPs.
Chapter VI
Cultural Integrity
SEC. 29. Protection of Indigenous Culture, Traditions, and Institutions.—The

State shall respect, recognize and protect the right of ICCs/IPs to preserve and protect
their culture, traditions and institutions. It shall consider these rights in the formula-
tion and application of national plans and policies.
SEC. 30. Educational Systems.—The State shall provide equal access to various
cultural opportunities to the ICCs/IPs through the educational system, public or private
cultural entities, scholarships, grants and other incentives without prejudice to their
right to establish and control their educational systems and institutions by providing
education in their own language, in a manner appropriate to their cultural methods of
teaching and learning. Indigenous children/youth shall have the right to all levels and
forms of education of the State.
SEC. 31. Recognition of Cultural Diversity.—The State shall endeavor to have
the dignity and diversity of the cultures, traditions, histories and aspirations of the
ICCs/IPs appropriately reflected in all forms of education, public information and cul-
tural-educational exchange. Consequently, the State shall take effective measures, in
consultation with ICCs/IPs concerned, to eliminate prejudice and discrimination and to
promote tolerance, understanding and good relations among ICCs/IPs and all segments
of society. Furthermore, the government shall take effective measures to ensure that
the State-owned media duly reflect indigenous cultural diversity. The State shall like-
wise ensure the participation of appropriate indigenous leaders in schools, communities
963
HUMAN HABITAT
and international cooperative undertakings like festivals, conferences, seminars and

workshops to promote and enhance their distinctive heritage and values.
SEC. 32. Community Intellectual Rights.—ICCs/IPs have the right to practice
and revitalize their own cultural traditions and customs. The State shall preserve, pro-
tect and develop the past, present and future manifestations of their cultures as well as
the right to the restitution of cultural, intellectual, religious, and spiritual property
taken without their free and prior informed consent or in violation of their laws, tradi-
tions and customs.
SEC. 33. Rights to Religious, Cultural Sites and Ceremonies.—ICCs/IPs shall
have the right to manifest, practice, develop, and teach their spiritual and religious
traditions, customs and ceremonies; the right to maintain, protect and have access to
their religious and cultural sites; the right to use and control of ceremonial objects; and,
the right to the repatriation of human remains. Accordingly, the State shall take effec-
tive measures, in cooperation with the ICCs/IPs concerned, to ensure that indigenous
sacred places, including burial sites, be preserved, respected and protected. To achieve
this purpose, it shall be unlawful to:
a. Explore, excavate or make diggings on archeological sites of the ICCs/IPs for
the purpose of obtaining materials of cultural values without the free and prior in-
formed consent of the community concerned; and
b. Deface, remove, or otherwise destroy artifacts which are of great importance to
the ICCs/IPs for the preservation of their cultural heritage.
SEC. 34. Right to Indigenous Knowledge Systems and Practices and to Develop
Own Sciences and Technologies.—ICCs/IPs are entitled to the recognition of the full
ownership and control and protection of their cultural and intellectual rights. They
shall have the right to special measures to control, develop and protect their sciences,
technologies and cultural manifestations, including human and other genetic resources,
seeds, including derivatives of these resources, traditional medicines and health prac-
tices, vital medicinal plants, animals and minerals, indigenous knowledge systems and
practices, knowledge of the properties of fauna and flora, oral traditions, literature,
designs, and visual and performing arts.
SEC. 35. Access to Biological and Genetic Resources.—Access to biological and
genetic resources and to indigenous knowledge related to the conservation, utilization
and enhancement of these resources, shall be allowed within ancestral lands and do-
mains of the ICCs/IPs only with a free and prior informed consent of such communities,
obtained in accordance with customary laws of the concerned community.
SEC. 36. Sustainable Agro-Technical Development.—The State shall recognize
the right of ICCs/IPs to a sustainable agro-technological development and shall formu-
late and implement programs of action for its effective implementation. The State shall
likewise promote the biogenetic and resource management systems among the ICCs/IPs
and shall encourage cooperation among government agencies to ensure the successful
sustainable development of ICCs/IPs.
964
SEC. 37. Funds for Archeological and Historical Sites.—The ICCs/IPs shall have
the right to receive from the national government all funds especially earmarked or
allocated for the management and preservation of their archeological and historical
sites and artifacts with the financial and technical support of the national government
agencies.
Chapter VII
National Commission on Indigenous Peoples
SEC. 38. National Commission on Indigenous Cultural Communi-

ties/Indigenous Peoples (NCIP).—To carry out the policies herein set forth, there shall
be created the National Commission on ICCs/IPs (NCIP), which shall be the primary
government agency responsible for the formulation and implementation of policies,
plans and programs to promote and protect the rights and wellbeing of the ICCs/IPs
and the recognition of their ancestral domains as well as the rights thereto.
SEC. 39. Mandate.—The NCIP shall protect and promote the interest and well-
being of the ICCs/IPs with due regard to their beliefs, customs, traditions and institu-
tions.
SEC. 40. Composition.—The NCIP shall be an independent agency under the
Office of the President and shall be composed of seven (7) commissioners belonging to
ICCs/IPs, one (1) of whom shall be the Chairperson. The commissioners shall be ap-
pointed by the President of the Philippines from a list of recommendees submitted by
authentic ICCs/IPs: Provided, That the seven (7) commissioners shall be appointed
specifically from each of the following ethnographic areas: Region I and the Cordilleras;
Region II; the rest of Luzon; Island Groups including Indoor, Palawan, Rumbling,
Pansy and the rest of the Visayas; Northern and Western Mindanao; Southern and
Eastern Mindanao; and Central Mindanao: Provided, That at least two (2) of the seven
(7) commissioners shall be women.
SEC. 41. Qualifications, Tenure, Compensation.—The chairperson and the six
(6) commissioners must be natural born Filipino citizens, bonafide members of the
ICCs/IPs as certified by his/her tribe, experienced in ethnic affairs and who have
worked for at least ten (10) years with an ICC/IP community and/or any government
agency involved in ICC/IP, at least 35 years of age at the time of appointment, and must
be of proven honesty and integrity: Provided, That at least two (2) of the seven (7) com-
missioners shall be members of the Philippine Bar: Provided further, That the members
of the NCIP shall hold office for a period of three (3) years, and may be subject to reap-
pointment for another term: Provided furthermore, That no person shall serve for more
than two (2) terms. Appointment to any vacancy shall only be for the unexpired term of
the predecessor and in no case shall a member be appointed or designated in a tempo-
rary or acting capacity: Provided finally, That the chairperson and the commissioners
shall be entitled to compensation in accordance with the Salary Standardization Law.
965
HUMAN HABITAT
SEC. 42. Removal from Office.—Any member of the NCIP may be removed from
office by the President, on his own initiative or upon recommendation by any indigenous
community, before the expiration of his term for cause and after complying with due
process requirement of law.
SEC. 43. Appointment of Commissioners.—The President shall appoint the
seven (7) commissioners of the NCIP within ninety (90) days from the effectivity of this
Act.
SEC. 44. Powers and
Functions.—To accomplish
its mandate, the NCIP shall
have the following powers,
jurisdiction and function:
a. To serve as the pri-
mary government agency
through which ICCs/IPs can
seek government assistance
and as the medium, through
which such assistance may
be extended;
b. To review and as-
sess the conditions of
ICCs/IPs including existing
laws and policies pertinent
thereto and to propose rele-
vant laws and policies to
address their role in national
development;
c. To formulate and
“The mountains, the forest, and the sea, render men savage, implement policies, plans,
they develop the fierce, but yet do not destroy the human.”—
programs and projects for the
Victor Hugo
economic, social and cultural
(A. Oposa)
development of the ICCs/IPs
and to monitor the implementation thereof;
d. To request and engage the services and support of experts from other agencies
of government or employ private experts and consultants as may be required in the
pursuit of its objectives;
e. To issue certificate of ancestral land/domain title;
f. Subject to existing laws, to enter into contracts, agreements, or arrangement,
with government or private agencies or entities as may be necessary to attain the objec-
966
tives of this Act, and subject to the approval of the President, to obtain loans from gov-
ernment lending institutions and other lending institutions to finance its programs;
g. To negotiate for funds and to accept grants, donations, gifts and/or properties
in whatever form and from whatever source, local and international, subject to the ap-
proval of the President of the Philippines, for the benefit of ICCs/IPs and administer the
same in accordance with the terms thereof; or in the absence of any condition, in such
manner consistent with the interest of ICCs/IPs as well as existing laws;
h. To coordinate development programs and projects for the advancement of the
ICCs/IPs and to oversee the proper implementation thereof;
i. To convene periodic conventions or assemblies of IPs to review, assess, as well
as propose policies or plans;
j. To advise the President of the Philippines on all matters relating to the
ICCs/IPs and to submit within sixty (60) days after the close of each calendar year, a
report of its operations and achievements;
k. To submit to Congress appropriate legislative proposals intended to carry out
the policies under this Act;
l. To prepare and submit the appropriate budget to the Office of the President;
m. To issue appropriate certification as a precondition to the grant of permit,
lease, grant, or any other similar authority for the disposition, utilization, management
and appropriation by any private individual, corporate entity or any government
agency, corporation or subdivision thereof on any part or portion of the ancestral do-
main taking into consideration the consensus approval of the ICCs/IPs concerned;
n. To decide all appeals from the decisions and acts of all the various offices
within the Commission;
o. To promulgate the necessary rules and regulations for the implementation of
this Act;
p. To exercise such other powers and functions as may be directed by the Presi-
dent of the Republic of the Philippines; and
q. To represent the Philippine ICCs/IPs in all international conferences and
conventions dealing with indigenous peoples and other related concerns.
SEC. 45. Accessibility and Transparency.—Subject to such limitations as may be
provided by law or by rules and regulations promulgated pursuant thereto, all official
records, documents and papers pertaining to official acts, transactions or decisions, as
well as research data used as basis for policy development of the Commission shall be
made accessible to the public.
SEC. 46. Offices Within the NCIP.—The NCIP shall have the following offices
which shall be responsible for the implementation of the policies hereinafter provided:
967
HUMAN HABITAT
a. Ancestral Domains Office—The Ancestral Domains Office shall be responsible

for the identification, delineation and recognition of ancestral lands/domains. It shall
also be responsible for the management of ancestral lands/domains in accordance with a
master plan as well as the imple-
mentation of the ancestral domain
rights of the ICCs/IPs as provided
in chapter 3 of this Act. It shall
also issue, upon the free and prior
informed consent of the ICCs/IPs
concerned, certification prior to the
grant of any license, lease or per-
mit for the exploitation of natural
resources affecting the interests of
ICCs/IPs or their ancestral do-
mains and to assist the ICCs/IPs
in protecting the territorial integ-
rity of all ancestral domains. It
shall likewise perform such other
functions as the Commission may
deem appropriate and necessary.
b. Office on Policy, Plann-
ing, and Research.—The Office on
Policy, Planning, and Research
shall be responsible for the formu-
lation of appropriate policies and
programs for ICCs/IPs such as, but
not limited to, the development of “Nature goes her own way and all that to us seems
an exception is really according to order.” — Johann
a five-year master plan for the
Wolfgang von Goethe
ICCs/IPs. Such plan shall undergo
a process such that every five (G. Tapan, Lake Sebu)
years, the Commission shall en-
deavor to asses the plan and make ramifications in accordance with the changing situa-
tions. The Office shall also undertake the documentation of customary law and shall
establish and maintain a Research Center that would serve as a depository of ethno-
graphic information for monitoring, evaluation and policy formulation. It shall assist
the legislative branch of the national government in the formulation of appropriate
legislation benefiting ICCs/IPs.
c. Office of Education, Culture, and Health.—The Office on Education, Culture,
and Health shall be responsible for the effective implementation of the education, cul-
tural and related rights as provided in this Act. It shall assist, promote and support
community schools, both formal and nonformal, for the benefit of the local indigenous
community, especially in areas where existing educational facilities are not accessible to
968
members of the indigenous group. It shall administer all scholarship programs and
other educational rights intended for ICC/IP beneficiaries in coordination with the De-
partment of Education, Culture and Sports and the Commission on Higher Education.
It shall undertake, within the limits of available appropriation, a special program which
includes language and vocational training, public health and family assistance program
and related subjects.
It shall also identify ICCs/IPs with potential training in the health profession and
encourage and assist them to enroll in schools of medicine, nursing, physical therapy
and other allied courses pertaining to the health profession.
Towards this end, the NCIP shall deploy a representative in each of the said of-
fices who shall personally perform the foregoing task and who shall receive complaints
from the ICCs/IPs and compel action from appropriate agency. It shall also monitor the
activities of the National Museum and other similar government agencies generally
intended to manage and preserve historical and archeological artifacts of the ICCs/IPs
and shall be responsible for the implementation of such other functions as the NCIP
may deem appropriate and necessary.
d. Office on Socioeconomic Services and Special Concerns—The Office on Socio-
economic Services and Special Concerns shall serve as the Office through which the
NCIP shall coordinate with pertinent government agencies e specially charged with the
implementation of various basic socioeconomic services, policies, plans and programs
affecting the ICCs/IPs to ensure that the same are properly and directly enjoyed by
them. It shall also be responsible for such other functions as the NCIP may deem ap-
propriate and necessary.
e. Office of Empowerment and Human Rights—The Office of Empowerment and
Human Rights shall ensure that indigenous sociopolitical, cultural and economic rights
are respected and recognized. It shall ensure that capacity building mechanisms are
instituted and ICCs/IPs are afforded every opportunity, if they so choose, to participate
in all levels of decision-making. It shall likewise ensure that the basic human rights,
and such other rights as the NCIP may determine, subject to existing laws, rules and
regulations, are protected and promoted.
f. Administrative Office.—The Administrative Office shall provide the NCIP with
economical, efficient and effective services pertaining to personnel, finance, records,
equipment, security, supplies and related services. It shall also administer the Ances-
tral Domains Fund.
g. Legal Affairs Office.—There shall be a Legal Affairs Office which shall advice
the NCIP on all legal matters concerning ICCs/IPs and which shall be responsible for
providing ICCs/IPs with legal assistance in litigation involving community interest. It
shall conduct preliminary investigation on the basis of complaints filed by the ICCs/IPs
against a natural or juridical person believed to have violated ICCs/IPs rights. On the
basis of its findings, it shall initiate the filing of appropriate legal or administrative
action to the NCIP.
969
HUMAN HABITAT
SEC. 47. Other Offices.—The NCIP shall have the power to create additional of-
fices as it may deem necessary subject to existing rules and regulations.
SEC. 48. Regional and Field Offices.—Existing regional and field offices shall
remain to function under the strengthened organizational structure of the NCIP. Other
field offices shall be created wherever appropriate and the staffing pattern thereof shall
be determined by the NCIP: Provided That in provinces where there are ICCs/IPs but
without field offices, the NCIP shall establish field offices in said provinces.
SEC. 49. Office of the Executive Director.—The NCIP shall create the Office of
the Executive Director which shall serve as its secretariat. The Office shall be headed
by an Executive Director who shall be appointed by the President of the Republic of the
Philippines upon recommendation of the NCIP on a permanent basis. The staffing pat-
tern of the office shall be determined by the NCIP subject to the existing rules and regu-
lations.
SEC. 50. Consultative Body.—A body consisting of the traditional leaders, elders
and representatives from the women and youth sectors of the different ICCs/IPs shall
be constituted by the NCIP from time to time to advise it on matters relating to the
problems, aspirations, and interests of the ICCs/IPs.
Chapter VIII
Delineation and Recognition of Ancestral Domains
SEC. 51. Delineation and Recognition of Ancestral Domains.—Self-delineation

shall be the guiding principle in the identification and delineation of ancestral domains.
As such, the ICCs/IPs concerned shall have a decisive role in all the activities pertinent
thereto. The Sworn Statement of the Elders as to the scope of the territories and
agreements/pacts made with neighboring ICCs/IPs, if any, will be essential to the de-
termination of these traditional territories. The government shall take the necessary
steps to identify lands which the ICCs/IPs concerned traditionally occupy and guaran-
tee effective protection of their rights of ownership and possession thereto. Measures
shall be taken in appropriate cases to safeguard the right of the ICCs/IPs concerned to
land which may no longer be exclusively occupied by them, but to which they have tra-
ditionally had access for their subsistence and traditional activities, particularly of
ICCs/IPs who are still nomadic and/or shifting cultivators.
SEC. 52. Delineation Process.—The identification and delineation of ancestral
domains shall be done in accordance with the following procedures:
a. Ancestral Domains Delineated Prior to This Act—The provisions hereunder
shall not apply to ancestral domains/lands already delineated according to DENR Ad-
ministrative Order No. 2, series of 1993, nor to ancestral lands and domains delineated
under any other community/ancestral domain program prior to the enactment of this
law. ICCs/IPs whose ancestral lands/domains were officially delineated prior to the
enactment of this law shall have the right to apply for the issuance of a Certificate of
970
Ancestral Domain Title (CADT) over the area without going through the process out-
lined hereunder.
b. Petition for Delineation—The process of delineating a specific perimeter may
be initiated by the NCIP with the consent of the ICC/IP concerned, or through a Peti-
tion for Delineation filed with the NCIP, by a majority of the members of the ICCs/IPs.
c. Delineation Proper—The official delineation of ancestral domain boundaries
including census of all community members therein, shall be immediately undertaken
by the Ancestral Domains Office upon filing of the application by the ICCs/IPs con-
cerned. Delineation will be done in coordination with the community concerned and
shall at all times include genuine involvement and participation by the members of the
communities concerned.
d. Proof Required—Proof of Ancestral Domain Claims shall include the testimony
of elders or community under oath, and other documents directly or indirectly attesting
to the possession or occupation of the area since time immemorial by such ICCs/IPs in
the concept of owners which shall be any one (1) of the following authentic documents:
1. Written accounts of the ICCs/IPs customs and traditions
2. Written accounts of the ICCs/IPs political structure and institution
3. Pictures showing long-term occupation such as those of old improve-
ments, burial grounds, sacred places and old villages
4. Historical accounts, including pacts and agreements, concerning bounda-
ries entered into by the ICCs/IPs concerned with other ICCs/IPs
5. Survey plans and sketch maps
6. Anthropological data
7. Genealogical surveys
8. Pictures and descriptive histories of traditional communal forests and
hunting grounds
9. Pictures and descriptive histories of traditional landmarks such as moun-
tains, rivers, creeks, ridges, hills, terraces and the like
10. Write-ups of names and places derived from the native dialect of the
community
e. Preparation of Maps— On the basis of such investigation and the findings of
fact based thereon, the Ancestral Domains Office of the NCIP shall prepare a perimeter
map, complete with technical descriptions, and a description of the natural features and
landmarks embraced therein.
f. Report of Investigation and Other Documents—A complete copy of the prelimi-
nary census and a report of investigation, shall be prepared by the Ancestral Domains
Office of the NCIP.
971
HUMAN HABITAT
g. Notice and Publication—A copy of each document, including a translation in

the native language of the ICCs/IPs concerned shall be posted in a prominent place
therein for at least fifteen (15) days. A copy of the document shall also be posted at the
local, provincial and regional offices of the NCIP, and shall be published in a newspaper
of general circulation once a week for two (2) consecutive weeks to allow other claimants
to file opposition thereto within fifteen (15) days from date of such publication: Pro-
vided, That in areas where no such newspaper exists, broadcasting in a radio station
will be a valid substitute: Provided further, That mere posting shall be deemed suffi-
cient if both newspaper and radio station are not available.
“It is imperative to maintain portions of the wilderness untouched so that a

tree will rot where it falls, a waterfall will pour its curve without generating
electricity, a trumpeter swan may float on uncontaminated water—and
moderns may at least see what their ancestors knew in their nerves and
blood.”— Bernard De Voto, Fortune, June 1947
(G. Tapan)
h. Endorsement to NCIP—Within fifteen (15) days from publication, and of the

inspection process, the Ancestral Domains Office shall prepare a report to the NCIP
endorsing a favorable action upon a claim that is deemed to have sufficient proof. How-
ever, if the proof is deemed insufficient, the Ancestral Domains Office shall require the
submission of additional evidence: Provided, That the Ancestral Domains Office shall
reject any claim that is deemed patently false or fraudulent after inspection and verifi-
cation: Provided further, That in case of rejection, the Ancestral Domains Office shall
give the applicant due notice, copy furnished all concerned, containing the grounds for
denial. The denial shall be appealable to the NCIP: Provided furthermore, That in cases
where there are conflicting claims among ICCs/IPs on the boundaries of ancestral do-
972
main claims, the Ancestral Domains Office shall cause the contending parties to meet
and assist them in coming up with a preliminary resolution of the conflict, without
prejudice to its full adjudication according to the section below.
i. Turnover of Areas Within Ancestral Domains Managed by Other Government
Agencies—The Chairperson of the NCIP shall certify that the area covered is an ances-
tral domain. The secretaries of the Department of Agrarian Reform, Department of
Environment and Natural Resources, Department of Interior and Local Government,
and Department of Justice, the Commissioner of the National Development Corpora-
tion, and any other government agency claiming jurisdiction over the area shall be
notified thereof. Such notification shall terminate any legal basis for the jurisdiction
previously claimed.
j. Issuance of CADT—ICCs/IPs
whose ancestral domains have been
officially delineated and determined by
the NCIP shall be issued a CADT in
the name of the community concerned,
containing a list of all those identified
in the census.
k. Registration of CADTs—The
NCIP shall register issued certificates
of ancestral domain titles and certifi-
cates of ancestral lands titles before
the Register of Deeds in the place
where the property is situated.
SEC. 53. Identification, De-
lineation and Certification of Ancestral
Lands—
a. The allocation of lands within
any ancestral domain to individual or
indigenous corporate (family or clan)
“No one person has to do it all but if each one of
us follows our heart and our own inclinations claimants shall be left to the ICCs/IPs
we will find the small things that we can do to concerned to decide in accordance with
create a sustainable future and a healthy envi- customs and traditions.
ronment.” — John Denver b. Individual and indigenous
(G. Tapan, Tiboli Woman) corporate claimants of ancestral lands
which are not within ancestral do-
mains, may have their claims officially established by filing applications for the identifi-
cation and delineation of their claims with the Ancestral Domains Office. An individual
or recognized head of a family or clan may file such application in his behalf or in behalf
of his family or clan, respectively.
973
HUMAN HABITAT
c. Proofs of such claims shall accompany the application form which shall include
the testimony under oath of elders of the community and other documents directly or
indirectly attesting to the possession or occupation of the areas since time immemorial
by the individual or corporate claimants in the concept of owners which shall be any of
the authentic documents enumerated under Section 52 (d) of this Act, including tax
declarations and proofs of payment of taxes.
d. The Ancestral Domains Office may require from each ancestral claimant the
submission of such other documents, sworn statements and the like, which in its opin-
ion, may shed light on the veracity of the contents of the application/claim.
e. Upon receipt of the applications for delineation and recognition of ancestral
land claims, the Ancestral Domains Office shall cause the publication of the application
and a copy of each document submitted including a translation in the native language
of the ICCs/IPs concerned in a prominent place therein for at least fifteen (15) days. A
copy of the document shall also be posted at the local, provincial, and regional offices of
the NCIP and shall be published in a newspaper of general circulation once a week for
two (2) consecutive weeks to allow other claimants to file opposition thereto within
fifteen (15) days from the date of such publication: Provided, That in areas where no
such newspaper exists, broadcasting in a radio station will be a valid substitute: Pro-
vided further, That mere posting shall be deemed sufficient if both newspapers and
radio station are not available.
f. Fifteen (15) days after such publication, the Ancestral Domains Office shall
investigate and inspect each application, and if found to be meritorious, shall cause a
parcellary survey of the area being claimed. The Ancestral Domains Office shall reject
any claim that is deemed patently false or fraudulent after inspection and verifica-
tion. In case of rejection, the Ancestral Domains Office shall give the applicant due
notice, copy furnished all concerned, containing the grounds for denial. The denial
shall be appealable to the NCIP. In case of conflicting claims among individuals or
indigenous corporate claimants, the Ancestral Domains Office shall cause the con-
tending parties to meet and assist them in coming up with a preliminary resolution of
the conflict, without prejudice to its full adjudication according to Section 62 of this
Act. In all proceedings for the identification or delineation of the ancestral domains as
herein provided, the Director of Lands shall represent the interest of the Republic of
the Philippines.
g. The Ancestral Domains Office shall prepare and submit a report on each and
every application surveyed and delineated to the NCIP, which shall, in turn, evaluate
the report submitted. If the NCIP finds such claim meritorious, it shall issue a certifi-
cate of ancestral land, declaring and certifying the claim of each individual or corporate
(family or clan) claimant over ancestral lands.
SEC. 54. Fraudulent Claims.—The Ancestral Domains Office may, upon written
request from the ICCs/IPs, review existing claims which have been fraudulently ac-
quired by any person or community. Any claim found to be fraudulently acquired by,
974
and issued to, any person or community may be cancelled by the NCIP after due notice
and hearing of all parties concerned.
SEC. 55. Communal Rights.—Subject to Section 56 hereof, areas within the an-
cestral domains, whether delineated or not, shall be presumed to be communally held:
Provided, That communal rights under this Act shall not be construed as co-ownership
as provided in Republic Act No. 386, otherwise known as the New Civil Code.
SEC. 56. Existing Property Rights Regimes.—Property rights within the ances-
tral domains already existing and/or vested upon effectivity of this Act, shall be recog-
nized and respected.
SEC. 57. Natural Resources Within Ancestral Domains.—The ICCs/IPs shall
have priority rights in the harvesting, extraction, development or exploitation of any
natural resources within the ancestral domains. A nonmember of the ICCs/IPs con-
cerned may be allowed to take part in the development and utilization of the natural
resources for a period of not exceeding twenty five (25) years renewable for not more
than twenty five (25) years: Provided, That a formal and written agreement is entered
into with the ICCs/IPs concerned or that the community, pursuant to its own decision
making process, has agreed to allow such operation: Provided finally, That the NCIP
may exercise visitorial powers and take appropriate action to safeguard the rights of the
ICCs/IPs under the same contract.
SEC. 58. Environmental Considerations.—Ancestral domains or portions
thereof, which are found to be necessary for critical watersheds, mangroves, wildlife
sanctuaries, wilderness, protected areas, forest cover, or reforestation as determined
by appropriate agencies with the full participation of the ICCs/IPs concerned shall be
maintained, managed and developed for such purposes. The ICCs/IPs concerned shall
be given the responsibility to maintain, develop, protect and conserve such areas with
the full and effective assistance of government agencies. Should the ICCs/IPs decide
to transfer the responsibility over the areas, said decision must be made in writing.
The consent of the ICCs/IPs should be arrived at in accordance with its customary
laws without prejudice to the basic requirements of existing laws on free and prior
informed consent: Provided, That the transfer shall be temporary and will ultimately
revert to the ICCs/IPs in accordance with a program for technology transfer: Provided
further, That no ICCs/IPs shall be displaced or relocated for the purpose enumerated
under this section without the written consent of the specific persons authorized to
give consent.
SEC. 59. Certification Precondition.—All departments and other governmental
agencies shall henceforth be strictly enjoined from issuing, renewing, or granting any
concession, license or lease, or entering into any production-sharing agreement, without
prior certification from the NCIP that the area affected does not overlap with any an-
cestral domain. Such certification shall only be issued after a field-based investigation
is conducted by the Ancestral Domains Office of the area concerned: Provided, That no
975
HUMAN HABITAT
certification shall be issued by the NCIP without the free and prior informed and writ-
ten consent of ICCs/IPs concerned: Provided further, That no department, government
agency or government-owned or controlled corporation may issue new concession, li-
cense, lease, or production sharing agreement while there is a pending application for a
CADT: Provided finally, That the ICCs/IPs shall have the right to stop or suspend, in
accordance with this Act, any project that has not satisfied the requirement of this con-
sultation process.
SEC. 60. Exemption from Taxes.—All lands certified to be ancestral domains
shall be exempted from real property taxes, special levies, and other forms of exaction
except such portion of the ancestral domains as are actually used for large-scale agricul-
ture, commercial forest plantation and residential purposes or upon titling by private
persons: Provided, That all exactions shall be used to facilitate the development and
improvement of the ancestral domains.
SEC. 61. Temporary Requisition Powers.—Prior to the establishment of an insti-
tutional surveying capacity whereby it can effectively fulfill its mandate, but in no case
beyond three (3) years after its creation, the NCIP is hereby authorized to request the
Department of Environment and Natural Resources (DENR) survey teams as well as
other equally capable private survey teams, through a Memorandum of Agreement
(MOA), to delineate ancestral domain perimeters. The DENR Secretary shall accommo-
date any such request within one (1) month of its issuance: Provided, That the Memo-
randum of Agreement shall stipulate, among others, a provision for technology transfer
to the NCIP.
SEC. 62. Resolution of Conflicts.—In cases of conflicting interest, where there
are adverse claims within the ancestral domains as delineated in the survey plan, and
which can not be resolved, the NCIP shall hear and decide, after notice to the proper
parties, the disputes arising from the delineation of such ancestral domains: Provided,
That if the dispute is between and/or among ICCs/IPs regarding the traditional
boundaries of their respective ancestral domains, customary process shall be followed.
The NCIP shall promulgate the necessary rules and regulations to carry out its adju-
dicatory functions: Provided further, That any decision, order, award or ruling of the
NCIP on any ancestral domain dispute or on any matter pertaining to the application,
implementation, enforcement and interpretation of this Act may be brought for Peti-
tion for Review to the Court of Appeals within fifteen (15) days from receipt of a copy
thereof.
SEC. 63. Applicable Laws.—Customary laws, traditions and practices of the
ICCs/IPs of the land where the conflict arises shall be applied first with respect to prop-
erty rights, claims and ownerships, hereditary succession and settlement of land dis-
putes. Any doubt or ambiguity in the application and interpretation of laws shall be
resolved in favor of the ICCs/IPs.
976
SEC. 64. Remedial Measures.—Expropriation may be resorted to in the resolu-

tion of conflicts of interest following the principle of the “common good.” The NCIP shall
take appropriate legal action for the cancellation of officially documented titles which
were acquired illegally: Provided, That such procedure shall ensure that the rights of
possessors in good faith shall be respected: Provided further, That the action for cancel-
lation shall be initiated within two (2) years from the effectivity of this Act: Provided
finally, That the action for reconveyance shall be within a period of ten (10) years in
accordance with existing laws.
Chapter IX
Jurisdiction and Procedures for Enforcement of Rights
SEC. 65. Primacy of Customary Laws and Practices.—When disputes involve

ICCs/IPs, customary laws and practices shall be used to resolve the dispute.
SEC. 66. Jurisdiction of the NCIP.—The NCIP, through its regional offices,
shall have jurisdiction over all claims and disputes involving rights of ICCs/IPs: Pro-
vided, however, That no such dispute shall be brought to the NCIP unless the parties
have exhausted all remedies provided under their customary laws. For this purpose, a
certification shall be issued by the Council of Elders/Leaders who participated in the
attempt to settle the dispute that the same has not been resolved, which certification
shall be a condition precedent to the filing of a petition with the NCIP.
SEC. 67. Appeals to the Court of Appeals.—Decisions of the NCIP shall be ap-
pealable to the Court of Appeals by way of a petition for review.
SEC. 68. Execution of Decisions, Awards, Orders.—Upon expiration of the period
herein provided and no appeal is perfected by any of the contending parties, the hearing
officer of the NCIP, on its own initiative or upon motion by the prevailing party, shall
issue a writ of execution requiring the sheriff or the proper officer to execute final deci-
sions, orders or awards of the Regional Hearing Officer of the NCIP.
SEC. 69. QuasiJudicial Powers of the NCIP.—The NCIP shall have the power
and authority:
a. To promulgate rules and regulations governing the hearing and disposition of
cases filed before it as well as those pertaining to its internal functions and such rules
and regulations as may be necessary to carry out the purposes of this Act.
b. To administer oaths, summon the parties to a controversy, issue subpoenas re-
quiring the attendance and testimony of witnesses or the production of such books,
papers, contracts, records, agreements and other document of similar nature as may be
material to a just determination of the matter under investigation or hearing conducted
in pursuance of this Act.
c. To hold any person in contempt, directly or indirectly, and impose appropriate
penalties therefor.
977
HUMAN HABITAT
d. To enjoin any or all acts involving or arising from any case pending before it
which, if not restrained forthwith, may cause grave or irreparable damage to any of the
parties to the case or seriously affect social or economic activity.
SEC. 70. No Restraining Order or Preliminary Injunction.—No inferior court of
the Philippines shall have jurisdiction to issue any restraining order or writ of prelimi-
nary injunction against the NCIP or any of its duly authorized or designated offices in
any case, dispute or controversy arising from, necessary to, or interpretation of this Act
and other pertinent laws relating to ICCs/IPs and ancestral domains.
Chapter X
Ancestral Domains Fund
SEC. 71. Ancestral Domains Fund.—There is hereby created a special fund, to

be known as the Ancestral Domains Fund, an initial amount of one hundred thirty
million pesos (P130,000,000) to cover compensation for expropriated lands, delineation
and development of ancestral domains. An amount of fifty million pesos (P50,000,000)
shall be sourced from the gross income of the Philippine Charity Sweepstakes Office
(PCSO) from its lotto operation, ten million pesos (P10,000,000) from the gross receipts
of the travel tax of the preceding year, the fund of the Social Reform Council intended
for survey and delineation of ancestral lands/domains, and such other source as the
government may deem appropriate. Thereafter, such amount shall be included in the
annual General Appropriations Act. Foreign as well as local funds which are made
available for the ICCs/IPs through the government of the Philippines shall be coursed
through the NCIP. The NCIP may also solicit and receive donations, endowments and
grants in the form of contributions, and such endowments shall be exempted from in-
come or gift taxes and all other taxes, charges or fees imposed by the government or any
political subdivision or instrumentality thereof.
Chapter XI
Penalties
SEC. 72. Punishable Acts and Applicable Penalties.—Any person who commits
violation of any of the provisions of this Act, such as, but not limited to, unauthorized
and/or unlawful intrusion upon any ancestral lands or domains as stated in Section
10, Chapter 3, or shall commit any of the prohibited acts mentioned in Sections 21
and 24, Chapter 5, Section 33, Chapter 6 hereof, shall be punished in accordance with
the customary laws of the ICCs/IPs concerned: Provided, That no such penalty shall
be cruel, degrading or inhuman punishment: Provided further, That neither shall the
death penalty or excessive fines be imposed. This provision shall be without prejudice
to the right of any ICCs/IPs to avail of the protection of existing laws. In which case,
any person who violates any provision of this Act shall, upon conviction, be punished
by imprisonment of not less than nine (9) months but not more than twelve (12) years
978
or a fine of not less than One Hundred Thousand Pesos (P100,000) nor more than Five
Hundred Thousand Pesos (P500,000) or both such fine and imprisonment upon the
discretion of the court. In addition, he shall be obliged to pay to the ICCs/IPs con-
cerned whatever damage may have been suffered by the latter as a consequence of the
unlawful act.
SEC. 73. Persons Subject to Punishment.—If the offender is a juridical person,
all officers such as, but not limited to, its president, manager, or head of office respon-
sible for their unlawful act shall be criminally liable therefor, in addition to the can-
cellation of certificates of their registration and/or license: Provided, That if the of-
fender is a public official, the penalty shall include perpetual disqualification to hold
public office.
Chapter XII
Merger of the Office for Northern Cultural Communities (ONCC) and the
Office for Southern Cultural Communities (OSCC)
SEC. 74. Merger of ONCC/OSCC.—The Office for Northern Cultural Communi-

ties (ONCC) and the Office of Southern Cultural Communities (OSCC), created under
Executive Order Nos. 122B and 122C respectively, are hereby merged as organic offices
of the NCIP and shall continue to function under a revitalized and strengthened struc-
tures to achieve the objectives of the NCIP: Provided, That the positions of Staff Direc-
tors, Bureau Directors, Deputy Executive Directors and Executive Directors, except
positions of Regional Directors and below, are hereby phased out upon the effectivity of
this Act: Provided further, That officials and employees of the phased out offices who
may be qualified may apply for reappointment with the NCIP and may be given prior
rights in the filling up of the newly created positions of NCIP, subject to the qualifica-
tions set by the placement committee: Provided furthermore, That in the case where an
indigenous person and a non-indigenous person with similar qualifications apply for the
same position, priority shall be given to the former. Officers and employees who are to
be phased out as a result of the merger of their offices shall be entitled to gratuity a rate
equivalent to one and a half (1/2) months salary for every year of continuous and satis-
factory service rendered or the equivalent nearest fraction thereof favorable to them on
the basis of the highest salary received. If they are already entitled to retirement or
gratuity, they shall have the option to select either such retirement benefits or the gra-
tuity herein provided. Officers and employees who may be reinstated shall refund such
retirement benefits or gratuity received: Provided finally, That absorbed personnel
must still meet the qualifications and standards set by the Civil Service and the Place-
ment Committee herein created.
SEC. 75. Transition Period.—The ONCC/OSCC shall have a period of six (6)
months from the effectivity of this Act within which to wind up its affairs and to con-
duct audit of its finances.
979
HUMAN HABITAT
SEC. 76. Transfer of Assets/Properties.—All real and personal properties which

are vested in, or belonging to, the merged offices as aforestated shall be transferred to
the NCIP without further need of conveyance, transfer or assignment and shall be held
for the same purpose as they were held by the former offices: Provided, That all con-
tracts, records, and documents relating to the operations of the merged offices shall be
transferred to the NCIP. All agreements and contracts entered into by the merged of-
fices shall remain in full force and effect unless otherwise terminated, modified or
amended by the NCIP.
SEC. 77. Placement Committee.—Subject to rules on government reorganiza-
tion, a placement committee shall be created by the NCIP, in coordination with the
Civil Service Commission, which shall assist in the judicious selection and placement
of personnel in order that the best qualified and most deserving persons shall be ap-
pointed in the reorganized agency. The placement committee shall be composed of
seven (7) commissioners and an ICCs’/IPs’ representative from each of the first and
second level employees association in the Offices for Northern and Southern Cultural
Communities (ONCC/OSCC), non-government organizations (NGOs) who have served
the community for at least five (5) years and peoples organizations (POs) with at least
five (5) years of existence. They shall be guided by the criteria of retention and ap-
pointment to be prepared by the consultative body and by the pertinent provisions of
the civil service law.
Chapter XIII
Final Provisions
SEC. 78. Special Provision.—The city of Baguio shall remain to be governed by

its Charter and all lands proclaimed as part of its townsite reservation shall remain as
such until otherwise reclassified by appropriate legislation: Provided, That prior land
rig hts and titles recognized and/or acquired through any judicial, administrative or
other processes before the effectivity of this Act shall remain valid: Provided further,
That this provision shall not apply to any territory which becomes part of the city of
Baguio after the effectivity of this Act.
SEC. 79. Appropriations.—The amount necessary to finance the initial imple-
mentation of this Act shall be charged against the current year’s appropriation of the
ONCC and the OSCC. Thereafter, such sums as may be necessary for its continued
implementation shall be included in the annual General Appropriations Act.
SEC. 80. Implementing Rules and Regulations.—Within sixty (60) days immedi-
ately after appointment, the NCIP shall issue the necessary rules and regulations, in
consultation with the Committees on National Cultural Communities of the House of
Representatives and the Senate, for the effective implementation of this Act.
980
SEC. 81. Saving Clause.—This Act will not in any manner adversely affect the
rights and benefits of the ICCs/IPs under other conventions, recommendations, inter-
national treaties, national laws, awards, customs and agreements.
SEC. 82. Separability Clause.—In case any provision of this Act or any portion
thereof is declared unconstitutional by a competent court, other provisions shall not be
affected thereby.
SEC. 83. Repealing Clause.—Presidential Decree No. 410, Executive Order
Nos. 122B and 122C, and all other laws, decrees, orders, rules and regulations or
parts thereof inconsistent with this Act are hereby repealed or modified accord-
ingly.
SEC. 84. Effectivity.—This Act shall take effect fifteen (15) days upon its
publication in the Official Gazette or in any two (2) newspapers of general circula-
tion.
"Nature has been for me, for as long as I remember, a source of solace, inspira-
tion, adventure, and delight; a home, a teacher, a companion.”— Lorraine
Anderson
(G. Tapan, Tiboli Family)
981
HUMAN HABITAT
CONSTITUTIONALITY OF THE IPRA LAW
Facts: The constitutionality of the IPRA and its Implementing Rules was chal-
lenged on the ground that it amounted to an unlawful deprivation of the State’s owner-
ship over lands of the public domain and of minerals and other natural resources. This
was challenged to be in violation of the Regalian doctrine embodied in the Constitution.
By providing for an all-encompassing definition of “ancestral domains” and ancestral
lands”, which might even include private lands found within said areas, petitioners
claimed that the provisions violate the rights of private landowners.
Held: The votes were equally divided (7 to 7) and the necessary majority was not
obtained in order to declare the IPRA unconstitutional. Justice R. Puno is of the opin-
ion that the provisions of the IPRA do not contravene the Constitution. Ancestral do-
mains and ancestral lands are the private property of indigenous peoples and do not
constitute part of the public domain. The right of ownership and possession by the
Indigenous Cultural Communities and the Indigenous Peoples to their ancestral do-
mains is a limited form of ownership and does not include the right to alienate the
same. The indigenous concept of ownership maintains the view that ancestral domains
are the ICCs/IPs private but community property. The right of ICCs /IPs to develop
lands and natural resources within the ancestral domains does not deprive the state of
ownership over the natural resources as well as control and supervision in their devel-
opment and exploitation.
Hence, ownership over these natural resources remains with the State and the
ICCs/IPs are merely granted the right to “manage and conserve” them—rights in the
form of management or stewardship. Justice Vitug, however, is of the opinion that PRA
is unconstitutional and virtually amounts to an undue delegation of State authority
over a significant area of the country and its patrimony. Except for agricultural lands of
the public domain which alone may be alienated, forest or timber, and mineral lands, as
well as all other natural resources, of the country must remain with the state, the ex-
ploration, development and utilization of which shall be subject to its full control and
supervision. IPRA effectively withdraws from the public domain the so-called ancestral
domains covering literally millions of hectares. The notion of community property would
comprehend not only matters of proprietary interest but also some forms of self-
governance over the carved-out territory.
Cruz, et al. vs. Sec. of Environment and Natural Resources, et al.

G.R. No. 135385, December, 2000
Please see extensive separate opinions of the various justices.
——o0o——
982
LOCAL GOVERNANCE
LOCAL GOVERNANCE
CHAPTER CONTENTS
CONSTITUTIONAL PROVISIONS
Environment-Related Provisions of the Local Government Code, 987
Legal Issues, 993
Shares of Local Government Units in the Proceeds of National
Taxes, 998
Can a Local Government Declare Its Territorial Jurisdiction a No-Mining
Area?, 1012
Role of Local Governments in Environmental Protection, 1012
(Tano et al. v. Gov. Socrates, et al.)
Abatement of Public Nuisance by LGU, 1024
(Tatel v. Municipality of Virac)
Police Powers of the Metro Manila Commission, 1026
(Sangalang v. IAC)
Metro Manila Development Authority (RA 7924), 1027
The Present MMDA is Without Police Powers, 1034
(MMDA v. Bel-Air Village Association, Inc.)
Need for a Strong Metropolitan Government, 1035
CHAPTER VI: LOCAL GOVERNANCE
Constitutional Provisions
Article 2
SEC. 25. The State shall ensure the autonomy of local governments.
Article 10
SECTION 1. The territorial and political subdivisions of the Republic of the

Philippines are the provinces, cities, municipalities, and barangays. There shall be
autonomous regions in Muslim Mindanao and the Cordilleras as hereinafter provided.
Sunset: Central Philippines: Visayan Sea Squadron
SEC. 2. The territorial and political subdivisions shall enjoy local autonomy.
SEC. 4. The President of the Philippines shall exercise general supervision over
local governments. Provinces with respect to component cities and municipalities, and
cities and municipalities with respect to component barangays shall ensure that the
acts of their component units are within the scope of their prescribed powers and func-
tions.
985
LOCAL GOVERNANCE
SEC. 5. Each local government unit shall have the power to create its own
sources of revenues and to levy taxes, fees, and charges subject to such guidelines and
limitations as Congress may provide, consistent with the basic policy of local autonomy.
Such taxes, fees, and charges shall accrue exclusively to the local governments.
SEC. 7. Local governments shall be entitled to an equitable share in the pro-
ceeds of the utilization and development of the national wealth within their respective
areas, in the manner provided by law, including sharing the same with the inhabitants
by way of direct benefits.
SEC. 11. The Congress may, by law, create special metropolitan political subdi-
visions, subject to a plebiscite as set forth in Section 10 hereof. The component cities
and municipalities shall retain their basic autonomy and shall be entitled to their local
executives and legislative assemblies. The jurisdiction of the metropolitan authority
that will hereby be created shall be limited to basic services requiring coordination.
SEC. 13. Local government units may group themselves, consolidate or coordi-
nate their efforts, services, and resources for purposes commonly beneficial to them in
accordance with law.
SEC. 15. There shall be created autonomous regions in Muslim Mindanao and
in the Cordilleras consisting of provinces, cities, municipalities, and geographical areas
sharing common and distinctive historical and cultural heritage, economic and social
structures, and other relevant characteristics within the framework of this Constitution
and the national sovereignty as well as territorial integrity of the Republic of the Phil-
ippines.
SEC. 16. The President shall exercise general supervision over autonomous re-
gions to ensure that the laws are faithfully executed.
SEC. 20. Within its territorial jurisdiction and subject to the provisions of this
Constitution and national laws, the organic act of autonomous regions shall provide for
legislative powers over:
1. Administrative organization,
2. Creation of sources of revenues,
3. Ancestral domain and natural resources,
4. Personal, family, and property relations,
5. Regional urban and rural planning development,
6. Economic, social, and tourism development,
7. Educational policies,
8. Reservation and development of the cultural heritage, and
9. Such other matters as may be authorized by law for the promotion of the gen-
eral welfare of the people.
986
ENVIRONMENT-RELATED PROVISIONS OF THE
LOCAL GOVERNMENT CODE
Environment-Related Provisions of the Local Government Code
(REPUBLIC ACT 7160)
The Code: Policy and Application
SEC. 3. Operative Principles of Decentralization.—The formulation and imple-

mentation of policies and measures on local autonomy shall be guided by the following
operative principles:
d. The vesting of
duty, responsibility, and
accountability in local
government units shall be
accompanied with provi-
sion for reasonably ade-
quate resources to dis-
charge their powers and
effectively carry out their
functions: hence, they shall
have the power to create
and broaden their own
sources of revenue and the
right to a just share in
national taxes and an
equitable share in the
proceeds of the utilization “There is hope if people will begin to awaken that spiritual part
and development of the of themselves, that heartfelt knowledge that we are caretakers of
this planet.” —Brooke Medicine Eagle
national wealth within
(Y. Lee)
their respective areas;
i. Local government units shall share with the national government the re-
sponsibility in the management and maintenance of ecological balance within their
territorial jurisdiction, subject to the provisions of this Code and national policies;
l. The participation of the private sector in local governance, particularly in the
delivery of basic services, shall be encouraged to ensure the viability of local autonomy
as an alternative strategy for sustainable development; and
SEC. 16. General Welfare.—Every local government unit shall exercise the pow-
ers expressly granted, those necessarily implied therefrom, as well as powers necessary,
appropriate, or incidental for its efficient and effective governance, and those which are
essential to the promotion of the general welfare. Within their respective territorial
jurisdictions, local government units shall ensure and support, among other things, the
preservation and enrichment of culture, promote health and safety, enhance the right of
987
LOCAL GOVERNANCE
the people to a balanced ecology, encourage and support the development of appropriate
and self-reliant scientific and technological capabilities, improve public morals, enhance
economic prosperity and social justice, promote full employment among their residents,
maintain peace and order, and preserve the comfort and convenience of their inhabi-
tants.
SEC. 17. Basic Services and Facilities.—
a. Local government units shall endeavor to be selfreliant and shall continue
exercising the powers and discharging the duties and functions currently vested upon
them. They shall also discharge the functions and responsibilities of national agencies
and offices devolved to them pursuant to this Code. Local government units shall like-
wise exercise such other powers and discharge such other functions and responsibilities
as are necessary, appropriate, or incidental to efficient and effective provisions of the
basic services and facilities enumerated herein.
b. Such basic services and facilities include, but are not limited to, the following:
1. For a barangay —
(iii) Services and facilities related to general hygiene and sanitation,
beautification, and solid waste collection;
(v) Maintenance of barangay roads, bridges, and water supply systems;
2. For a municipality —
(i) Extension and onsite research services and facilities related to
agriculture and fishery activities which include dispersal of livestock and
poultry, fingerlings, and other seedling materials for aquaculture; palay,
corn, and vegetable seed farms; medicinal plant gardens; fruit tree, coconut,
and other kinds of seedling nurseries; demonstration farms; quality control of
copra and improvement and development of local distribution channels, pref-
erably through cooperatives; inter-barangay irrigation system; water and soil
resource utilization and conservation projects; and enforcement of fishery
laws in municipal waters including the conservation of mangroves;
(ii) Pursuant to national policies and subject to supervision, control
and review of the DENR, implementation of community based forestry pro-
jects which include integrated social forestry programs and similar projects;
management and control of communal forests with an area not exceeding
fifty (50) square kilometers; establishment of tree parks, greenbelts, and
similar forest development projects;
(vi) Solid waste disposal system or environmental management sys-
tem and services or facilities related to general hygiene and sanitation;
(viii) Infrastructure facilities intended primarily to service the needs of
the residents of the municipality and which are funded out of municipal
funds including but not limited to, municipal roads and bridges; school build-
988
ings and other facilities for public elementary and secondary schools; clinics,
health centers and other health facilities necessary to carry out health ser-
vices; communal irrigation, small water impounding projects and other simi-
lar projects; fish ports; artesian wells, spring development, rainwater collec-
tors and water supply systems; seawalls, dikes, drainage and sewerage, and
flood control; traffic signals and road signs; and similar facilities;
3. For a province —
(iii) Pursuant to national policies and subject to supervision, control
and review of the DENR, enforcement of forestry laws limited to community-
based forestry projects, pollution control law, small-scale mining law, and
other laws on the protection of the environment; and mini-hydroelectric pro-
jects for local purposes;
(vii) Infrastructure facilities intended to service the needs of the
residence of the province and which are funded out of provincial funds includ-
ing, but not limited to, provincial roads and bridges; intermunicipal water-
works, drainage and sewerage, flood control, and irrigation systems; reclama-
tion projects; and similar facilities;
g. The basic services and facilities hereinabove enumerated shall be funded
from the share of local government units in the proceeds of national taxes and other
local revenues and funding support from the national government, its instrumentalities
and government-owned or controlled corporations which are tasked by law to establish
and maintain such services or facilities. Any fund or resource available for the use of
local government units shall be first allocated for the provision of basic services or fa-
cilities enumerated in subsection (b) hereof before applying the same for other purposes,
unless otherwise provided in this Code.
SEC. 18. Power to Generate and Apply Resources.—Local government units shall
have the power and authority to establish an organization that shall be responsible for
the efficient and effective implementation of their development plans, program objec-
tives and priorities; to create their own sources of revenues and to levy taxes, fees, and
charges which shall accrue exclusively for their use and disposition and which shall be
retained by them; to have a just share in national taxes which shall be automatically
and directly released to them without need of any further action; to have an equitable
share in the proceeds from the utilization and development of the national wealth and
resources within their respective territorial jurisdictions including sharing the same
with the inhabitants by way of direct benefits; to acquire, develop, lease, encumber,
alienate, or otherwise dispose of real or personal property held by them in their proprie-
tary capacity and to apply their resources and assets for productive, developmental, or
welfare purposes, in the exercise or furtherance of their governmental or proprietary
powers and functions and thereby ensure their development into self-reliant communi-
ties and active participants in the attainment of national goals.
989
LOCAL GOVERNANCE
SEC. 20. Reclassification of Lands.—

a. A city or municipality may, through an ordinance passed by the sanggunian,
after conducting public hearings for the purpose, authorize the reclassification of agri-
cultural lands and provide for the manner of their utilization or disposition in the fol-
lowing cases: (1) when the land ceases to be economically feasible and sound for agricul-
tural purposes as determined by the Department of Agriculture or (2) where the land
shall have substantially greater economic value for residential, commercial, or indus-
trial purposes, as determined by the sanggunian concerned: Provided, That such reclas-
sification shall be limited to the following percentage of the total agricultural land area
at the time of the passage of the ordinance:
1. For highly urbanized and independent component cities, fifteen percent
(15%);
2. For component cities and first to the third class municipalities, ten per-
cent (10%); and
3. For fourth to sixth class municipalities, five percent (5%): Provided, fur-
ther, That agricultural lands distributed to agrarian reform beneficiaries pursuant
to Republic Act No. 6657, otherwise known as “The Comprehensive Agrarian Re-
form Law,” shall not be affected by the said reclassification and the conversion of
such lands into other purposes shall be governed by Section 65 of said Act.
c. The local government units shall, in conformity with existing laws, continue
to prepare their respective comprehensive land use plans enacted through zoning ordi-
nances which shall be the primary and dominant bases for the future use of land re-
sources: Provided, That the requirements for food production, human settlements, and
industrial expansion shall be taken into consideration in the preparation of such plans.
SEC. 26. Duty of National Government Agencies in the Maintenance of Ecologi-
cal Balance.—It shall be the duty of every national agency or government-owned or
controlled corporation authorizing or involved in the planning and implementation of
any project or program that may cause pollution, climatic change, depletion of non-
renewable resources, loss of crop land, rangeland, or forest cover, and extinction of ani-
mal or plant species, to consult with the local government units, nongovernmental or-
ganizations, and other sectors concerned and explain the goals and objectives of the
project or program, its impact upon the people and the community in terms of environ-
mental or ecological balance, and the measures that will be undertaken to prevent or
minimize the adverse effects thereof.
SEC. 27. Prior Consultations Required.—No project or program shall be imple-
mented by government authorities unless the consultations mentioned in Sections 2 (c)
and 26 hereof are complied with, and prior approval of the sanggunian concerned is
obtained: Provided, That occupants in areas where such projects are to be implemented
shall not be evicted unless appropriate relocation sites have been provided, in accor-
dance with the provisions of the Constitution.
990
SEC. 35. Linkages

with People’s and Non-
governmental Organiza-
tions.—Local government
units may enter into joint
ventures and such other
cooperative arrangements
with people’s and nongo-
vernmental organizations
to engage in the delivery
of certain basic services,
capability building and
livelihood projects, and to
develop local enterprises
designed to improve pro-
ductivity and income, di-
versity agriculture, spur
rural industrialization,
promote ecological ba- “We wont have a society if we destroy the environment.”—
lance, and enhance the Margaret Mead
economic and social well- (A. Oposa)
being of the people.
SEC. 36. Assistance to People’s and Nongovernmental Organizations.—A local

government unit may, through its local chief executive and with the concurrence of the
sanggunian concerned, provide assistance, financial or otherwise, to such people’s and
nongovernmental organizations for economic, socially oriented, environmental, or cul-
tural projects to be implemented within its territorial jurisdiction.
p. Marginal Farmer or Fisherman — refers to an individual engaged in subsis-
tence farming or fishing which shall be limited to the sale, barter, or exchange of agri-
cultural or marine products produced by himself and his immediate family;
r. Municipal Waters — includes not only streams, lakes, and tidal waters
within the municipality, not being the subject of private ownership and not comprised
within the national parks, public forest, timber lands, forest reserves or fishery re-
serves, but also marine waters included between two lines drawn perpendicular to the
general coastline from points where the boundary lines of the municipality or city touch
the sea at low tide and a third line parallel with the general coastline and fifteen (15)
kilometers from it. Where two (2) municipalities are so situated on the opposite shores
that there is less than fifteen (15) kilometers of marine waters between them, the third
line shall be equally distant from opposite shores of their respective municipalities;
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LOCAL GOVERNANCE
SEC. 138. Tax on Sand, Gravel, and Other Quarry Resources.—The province
may levy and collect not more than ten percent (10%) of fair market value in the locality
per cubic meter of ordinary stones, sand, gravel, earth, and other quarry resources, as
defined under the National Internal Revenue Code, as amended, extracted from public
lands or from the beds of seas, lakes, rivers, streams, creeks, and other public waters
within its territorial jurisdiction.
The permit to extract sand,
gravel and other quarry
resources shall be issued exclu-
sively by the provincial governor,
pursuant to the ordinance of the
sangguniang panglalawigan.
The proceeds of the tax on
sand, gravel and other quarry
resources shall be distributed as
follows:
1. Province — Thirty per-
cent (30%);
2. Component City or Mu-
nicipality where the sand, gravel,
and other quarry resources are
extracted — Thirty percent
(30%); and
“Look deep into nature, and then you will understand
3. Barangay where the
everything better.” —Albert Einstein
sand, gravel, and other quarry
(A. Oposa) resources are extracted — Forty
percent (40%).
SEC. 149. Fishery Rentals, Fees, and Charges.—
a. Municipalities shall have the exclusive authority to grant fishery privileges
in the municipal waters and impose rentals, fees or charges therefor in accordance with
the provisions of this Section.
b. The sangguniang bayan may:
1. Grant fishery privileges to erect fish corrals, oysters, mussels or other
aquatic beds or bangus fry areas, within a definite zone of the municipal waters, as
determined by it: Provided however, That duly registered organizations and coop-
eratives of marginal fishermen shall have the preferential right to such fishery
privileges: Provided further, That the sangguniang bayan may require a public
bidding in conformity with and pursuant to an ordinance for the grant of such
privileges: Provided finally, That in the absence of such organizations and coop-
eratives or their failure to exercise their preferential right, other parties may par-
ticipate in the public bidding in conformity with the above cited procedure.
992
2. Grant the privilege to gather, take, or catch bangus fry, prawn fry, or
kawagkawag, or fry of other species and fish from the municipal waters by nets,
traps, or other fishing gears to marginal fishermen free of any rental, fee, charge,
or any other imposition whatsoever.
3. Issue licenses for the operation of fishing vessels of three (3) tons or less
for which purpose the sangguniang bayan shall promulgate rules and regulations
regarding the issuances of such licenses to qualified applicants under existing
laws. Provided however, That the sanggunian concerned shall, by appropriate or-
dinance, penalize the use of explosives, noxious or poisonous substances, electric-
ity, muroami, and other deleterious methods of fishing and prescribe a criminal
penalty therefor in accordance with the provisions of this Code: Provided finally,
That the sanggunian concerned shall have the authority to prosecute any violation
of the provisions of applicable fishery laws.
Legal Issues
Two interesting issues have been raised in the effort of local government units
to prosecute fishery law violations:
a. Is the prosecution, trial, and conviction of an offender for violation of a mu-
nicipal/city ordinance penalizing a certain act (for example, blast-fishing) a bar to the
prosecution of the same act under the national law (e.g., Republic Act No. 8550, Fish-
1
eries Code of 1998)?
b. Can a local government unit adjudge and collect from an offender of fishery
laws an amount of money purporting to represent the penalty imposed by the local
ordinance? In a concrete example, the mayor of the town of Madre Mia apprehended
commercial fishing boats trawling within the municipal waters. Instead of filing a
case against the captain and members of the crew, he only imposed a “fine” of P500
for each crew member and P50,000 from the fishing boat operator. He justified this
act by saying that the municipal court in the locality is virtually vacant (a judge
comes only for a couple of hours for one day of the week, weather permitting). The
fine is collected by the municipality.
What, if any, is the liability of the mayor? In case the act is authorized pursuant
to the authority of the sanggunian under Section 149 of Republic Act No. 7160, will
2
the act be legalized?
_______________________
1
Yes under the principle of double jeopardy.
2
No, otherwise the local government unit will be guilty of usurpation of judicial functions.
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LOCAL GOVERNANCE
Common Revenue Raising Powers
Article 5
SEC. 154. Public Utility Charges.—Local government units may fix the rates for
the operation of public utilities owned, operated, and maintained by them within their
jurisdiction.
Chapter V
SEC. 186. Power to Levy Other Taxes, Fees, or Charges.—Local government

units may exercise the power to levy taxes, fees or charges on any base or subject not
otherwise specifically enumerated herein or taxed under the provisions of the National
Internal Revenue Code, as amended, or other applicable laws: Provided, That the taxes,
fees, or charges shall not be unjust, excessive, oppressive, confiscatory, or contrary to
declared national policy: Provided further, That the ordinance levying such taxes, fees
or charges shall not be enacted without any prior public hearing conducted for the pur-
pose.
SEC. 193. Withdrawal of Tax Exemption Privileges.—Unless otherwise provided
in this Code, tax exemptions or incentives granted to, or presently enjoyed by all per-
sons, whether natural or juridical, including government owned or controlled corpora-
tions, except local water districts, cooperatives duly registered under Republic Act No.
6938, non-stock and nonprofit hospitals and educational institutions, are hereby with-
drawn upon the effectivity of this Code.
SEC. 199. Definitions.—When used in this Title:
a. Acquisition cost for newly-acquired machinery not yet depreciated and ap-
praised within the year of its purchase, refers to the actual cost of the machinery to its
present owner, plus the cost of transportation, handling, and installation at the present
site;
d. Agricultural land is land devoted principally to the planting of trees, raising
of crops, livestock and poultry, dairying, salt making, inland fishing and similar aqua-
cultural activities, and other agricultural activities, and is not classified as mineral,
timber, residential, commercial or industrial land;
i. Commercial land is land devoted principally for the object of profit and is not
classified as agricultural, industrial, mineral, timber, or residential land;
n. Industrial land is land devoted principally to industrial activity as capital in-
vestment and is not classified as agricultural, commercial, timber, mineral or residen-
tial land;
994
p. Mineral lands are lands in which minerals, metallic or nonmetallic, exist in

sufficient quantity or grade to justify the necessary expenditures to extract and utilize
such materials;
u. Residential land is land principally devoted to habitation.
SEC. 205. Listing of Real Property in the Assessment Rolls.—
a. In every province and city, including the municipalities within the Metropoli-
tan Manila Area, there shall be prepared and maintained by the provincial, city or mu-
nicipal assessor an assessment roll wherein shall be listed all real property, whether
taxable or exempt, located within the territorial jurisdiction of the local government
unit concerned. Real property shall be listed, valued and assessed in the name of the
owner or administrator, or anyone having legal interest in the property.
b. The undivided real property of a deceased person may be listed, valued and as-
sessed in the name of the estate or of the heirs and devisees without designating them
individually; and undivided real property other than that owned by a deceased may be
listed, valued and assessed in the name of one or more co-owners: Provided, however,
That such heir, devisee, or co-owner shall be liable severally and proportionately for all
obligations imposed by this Title and the payment of the real property tax with respect
to the undivided property.
c. The real property of a corporation, partnership, or association shall be listed,
valued and assessed in the same manner as that of an individual.
d. Real property owned by the Republic of the Philippines, its instrumentalities
and political subdivisions, the beneficial use of which has been granted, for considera-
tion or otherwise, to a taxable person, shall be listed, valued and assessed in the name
of the possessor, grantee or of the public entity if such property has been acquired or
held for resale or lease.
SEC. 209. Duty of Registrar of Deeds to Appraise Assessor of Real Property
Listed in Registry.—
a. To ascertain whether or not any real property entered in the Registry of Prop-
erty has escaped discovery and listing for the purpose of taxation, the Registrar of
Deeds shall prepare and submit to the provincial, city or municipal assessor, within six
(6) months from the date of effectivity of this Code and every year thereafter, an ab-
stract of his registry, which shall include brief but sufficient description of the real
properties entered therein, their present owners, and the dates of their most recent
transfer or alienation accompanied by copies of corresponding deeds of sale, donation, or
partition or other forms of alienation.
b. It shall also be the duty of the Registrar of Deeds to require every person who
shall present for registration a document of transfer, alienation, or encumbrance of real
property to accompany the same with a certificate to the effect that the real property
subject of the transfer, alienation, or encumbrance, as the case may be, has been fully
995
LOCAL GOVERNANCE
paid of all real property taxes due thereon. Failure to provide such certificate shall be a
valid cause for the Registrar of Deeds to refuse the registration of the document.
SEC. 210. Duty of Official Issuing Building Permit or Certificate of Registra-
tion of Machinery to Transmit Copy to Assessor.—Any public official or employee who
may now or hereafter be required by law or regulation to issue to any person a permit
for the construction, addition, repair, or renovation of a building, or permanent im-
provement on land, or a certificate of registration for any machinery, including ma-
chines, mechanical contrivances, and apparatus attached or affixed on land or to an-
other real property, shall transmit a copy of such permit or certificate within thirty
(30) days of its issuance, to the assessor of the province, city or municipality where
the property is situated.
SEC. 211. Duty of Geodetic Engineers to Furnish Copy of Plans to Assessor.—It
shall be the duty of all geodetic engineers, public or private, to furnish free of charge to
the assessor of the province, city or municipality where the land is located with a white
or blue print copy of each of all approved original or subdivision plans or maps of sur-
veys executed by them within thirty (30) days from receipt of such plans from the Lands
Management Bureau, the Land Registration Authority, or the Housing and Land Use
Regulatory Board, as the case may be.
SEC. 215. Classes of Real Property for Assessment Purposes.—For purposes of
assessment, real property shall be classified as residential, agricultural, commercial,
industrial, mineral, timberland, or special.
The city or municipality within the Metropolitan Manila Area, through their re-
spective sanggunian, shall have the power to classify lands as residential, agricultural,
commercial, industrial, mineral, timberland, or special in accordance with their zoning
ordinances.
SEC. 234. Exemptions from Real Property Tax.—The following are exempted
from payment of the real property tax:
a. Real property owned by the Republic of the Philippines or any of its political
subdivisions except when the beneficial use thereof has been granted, for consideration
or otherwise, to a taxable person;
b. Charitable institutions, churches, parsonages or convents appurtenant thereto,
mosques, nonprofit or religious cemeteries and all lands, buildings, and improvements
actually, directly, and exclusively used for religious, charitable or educational purposes;
c. All machineries and equipment that are actually, directly and exclusively used
by local water districts and government-owned or controlled corporations engaged in
the supply and distribution of water and/or generation and transmission of electric
power;
d. All real property owned by duly registered cooperatives as provided for under
Republic Act No. 6938; and
996
e. Machinery and equipment used for pollution control and environmental pro-
tection.
Except as provided herein, any exemption from payment of real property tax pre-
viously granted to, or presently enjoyed by, all persons, whether natural or juridical,
including all government-owned or controlled corporations are hereby withdrawn upon
the effectivity of this Code.*
SEC. 236. Additional Ad Valorem Tax on Idle Lands.—A province or city, or a
municipality within the Metropolitan Manila Area, may levy an annual tax on idle
lands at the rate not exceeding five percent (5%) of the assessed value of the property
which shall be in addition to the basic real property tax.
SEC. 237. Idle Lands, Coverage.—For purposes of real property taxation, idle
lands shall include the following:
a. Agricultural lands, more than one (1) hectare in area, suitable for cultivation,
dairying, inland fishery, and other agricultural uses, one-half (1/2) of which remain
uncultivated or unimproved by the owner of the property or person having legal interest
therein. Agricultural lands planted to permanent or perennial crops with at least fifty
(50) trees to a hectare shall not be considered idle lands. Lands actually used for graz-
ing purposes shall likewise not be considered idle lands.
b. Lands, other than agricultural, located in a city or municipality, more than one
thousand (1,000) square meters in area one-half of which remain unutilized or unim-
proved by the owner of the property or person having legal interest therein.
Regardless of land area, this Section shall likewise apply to residential lots in sub-
divisions duly approved by proper authorities, the ownership of which has been trans-
ferred to individual owners, who shall be liable for the additional tax: Provided, how-
ever, That individual lots of such subdivisions, the ownership of which has not been
transferred to the buyer shall be considered as part of the subdivision, and shall be
subject to the additional tax payable by subdivision owner or operator.
SEC. 238. Idle Lands Exempt from Tax.—A province or city or a municipality
within the Metropolitan Manila Area may exempt idle lands from the additional levy by
reason of force majeure, civil disturbance, natural calamity, or any cause or circum-
stance which physically or legally prevents the owner of the property or person having
legal interest therein from improving, utilizing, or cultivating the same.
SEC. 276. Condonation or Reduction of Real Property Tax and Interest.—In case
of a general failure of crops or substantial decrease in the price of agricultural or agri-
based products, or calamity in any province, city or municipality, the sanggunian con-
cerned, by ordinance passed prior to the first (1st) day of January of any year and upon
recommendation of the Local Disaster Coordinating Council, may condone or reduce,
wholly or partially, the taxes and interest thereon for the succeeding year or years in
the city or municipality affected by the calamity.
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LOCAL GOVERNANCE
Title 3
Shares of Local Government Units in the Proceeds

of National Taxes
Chapter I
Allotment of Internal Revenue
SEC. 284. Allotment of Internal Revenue Taxes.—Local government units shall

have a share in the national internal revenue taxes based on the collection of the third
fiscal year preceding the current fiscal year as follows:
a. On the first year of the effectivity of this Code, thirty percent (30%)
b. On the second year, thirty five percent (35%)
c. On the third year and thereafter, forty percent (40%)
Provided, That in the event that the national government incurs an unmanageable
public sector deficit, the President of the Philippines is hereby authorized, upon the
recommendation of Secretary of Finance, Secretary of Interior and Local Government
and Secretary of Budget and Management, and subject to consultation with the presid-
ing officers of both Houses of Congress and the presidents of the liga, to make the nec-
essary adjustments in the internal revenue allotment of local government units but in
no case shall the allotment be less than thirty percent (30%) of the collection of national
internal revenue taxes of the third fiscal year preceding the current fiscal year: Pro-
vided, further, That in the first year of the effectivity of this Code, the local government
units shall, in addition to the thirty percent (30%) internal revenue allotment which
shall include the cost of devolved functions for essential public services, be entitled to
receive the amount equivalent to the cost of devolved personal services.
SEC. 285. Allocation to Local Government Units.—The share of local govern-
ment units in the internal revenue allotment shall be collected in the following manner:
a. Provinces — twenty three percent (23%)
b. Cities — twenty three percent (23%)
c. Municipalities — thirty four percent (34%)
d. Barangays — twenty percent (20%)
Provided, however, That the share of each province, city, and municipality shall be
determined on the basis of the following formula:
a. Population — fifty percent (50%)
b. Land area — twenty five percent (25%)
c. Equal sharing — twenty five percent (25%)
Provided, further, That the share of each barangay with a population of not less
than one hundred (100) inhabitants shall not be less than eighty thousand (P80,000.00)
998
SHARES OF LOCAL GOVERNMENT UNITS IN THE
PROCEEDS OF NATIONAL TAXES
per annum chargeable against the twenty percent (20%) share of the barangay from the
internal revenue allotment, and the balance to be allocated on the basis of the following
formula:
a. On the first year of the effectivity of this Code:
1. Population — forty percent (40%)
2. Equal sharing — sixty percent (60%)
b. On the second year:
1. Population — fifty percent (50%); and
2. Equal sharing — fifty percent (50%)
c. On the third year and thereafter:
1. Population — sixty percent (60%); and
2. Equal sharing — forty percent (40%).
Provided, finally, That the financial requirements of barangays created by local
government units after the effectivity of this Code shall be the responsibility of the local
government unit concerned.
SEC. 287. Local Development Projects.—Each local government unit shall ap-
propriate in its annual budget no less than twenty percent (20%) of its annual internal
revenue allotment for development projects. Copies of the development plans of local
government units shall be furnished the Department of Interior and Local Government.
Chapter II
Share of Local Government Units in the National Wealth
SEC. 289. Share in the Proceeds from the Development and Utilization of the Na-
tional Wealth.—Local government units shall have an equitable share in the proceeds
derived from the utilization and development of the national wealth within their respec-
tive areas, including sharing the same with the inhabitants by way of direct benefits.
Note: For local officials who may be interested in undertaking environ-

ment-related projects such as for massive soil & water conservation, refores-
tation, marine sanctuary establishment, please refer to the section on Oppor-
tunities and Options in Chapter 8 of “The Laws of Nature and Other Stories.”
Note: Barangays are entitled to a share in the revenues from the sale of
the groundwater extracted from their locality. The proliferation of the bottled
water business, with the water supposedly extracted from the hinterlands,
makes this quite a potent tool for revenue generation and resource mobiliza-
tion for watershed conservation, protection, and restoration.
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LOCAL GOVERNANCE
SEC. 290. Amount of Share of Local Government Units.—Local government

units shall, in addition to the internal revenue allotment, have a share of forty percent
(40%) of the gross collection derived by the national government from the preceding
fiscal year from mining taxes, royalties, forestry and fishery charges, and such other
taxes, fees, or charges, including related surcharges, interests, or fines, and from its
share in any co-production, joint venture or production sharing agreement in the utili-
zation and development of the national wealth within their territorial jurisdiction.
SEC. 291. Share of the Local Governments from Any Government Agency or Gov-
ernment-Owned or Controlled Corporation.—Local government units shall have a share
based on the preceding fiscal year from the proceeds derived by any government agency
or government-owned or controlled corporation engaged in the utilization and develop-
ment of the national wealth based on the following formula whichever will produce a
higher share for the local government unit:
a. One percent (1%) of the gross sales or receipts of the preceding calendar year;
or
b. Forty percent (40%) of the mining taxes, royalties, forestry and fishery charges
and such other taxes, fees or charges, including related surcharges, interests, or fines
the government agency or government-owned or controlled corporation would have
paid if it were not otherwise exempt.
SEC. 292. Allocation of Shares.—The shares in the preceding Section shall be
distributed in the following manner:
a. Where the natural resources are located in the province:
1. Province — twenty percent (20%)
2. Component city/municipality — forty five percent (45%)
3. Barangay — thirty five percent (35%)
Provided, however, That where the natural resources are located in two (2) or more
provinces, or in two (2) or more component cities or municipalities or in two (2) or more
barangays, their respective shares shall be computed on the basis of:
1. Population — seventy percent (70%)
2. Land area — thirty percent (30%)
b. Where the natural resources are located in a highly urbanized or independent
component city:
1. City — sixty five percent (65%)
2. Barangay — thirty five percent (35%)
Provided, however, That where the natural resources are located in such two (2) or
more cities, the allocation of shares shall be based on the formula on population and
land area as specified in paragraph (a) of this Section.
1000
SEC. 294. Development and Livelihood Projects.—The proceeds from the share
of local government units pursuant to this chapter shall be appropriated by their re-
spective sanggunian to finance local government and livelihood projects: Provided, how-
ever, That at least eighty percent (80%) of the proceeds derived from the development
and utilization of hydrothermal, geothermal, and other sources of energy shall be ap-
plied solely to lower the cost of electricity in the local government unit where such a
source of energy is located.
SEC. 388. Persons in Authority.—For purposes of the Revised Penal Code, the
punong barangay, sangguniang barangay members, and members of the lupong taga-
pamayapa in each barangay shall be deemed as persons in authority in their jurisdic-
tions, while other barangay officials and members who may be designated by law or
ordinance and charged with the maintenance of public order, protection, and security of
life and property, or the maintenance of a desirable and balanced environment, and any
barangay member who comes to the aid of persons in authority, shall be deemed agents
of persons in authority.
Note:
This provision is significant especially when members decide to organize a team of
enforcers to implement environment and natural resources laws in the locality. Note
that even ordinary barangay members may be designated or deputized for environ-
mental protection functions. Together with the ordinary citizens of the community, they
3
can organize a posse comitatus to keep peace and order of the town or country.
Environmental Duties, Responsibilities, and Powers of:
The Punong Barangay
SEC. 389. Chief Executive: Powers, Duties, and Functions.—

a. The punong barangay, as the chief executive of the barangay government,
shall exercise such powers and perform such duties and functions, as provided by this
Code and other laws.
b. For efficient, effective, and economical governance, the purpose of which is the
general welfare of the barangay and its inhabitants pursuant to Section 16 of this Code,
the punong barangay shall:
1. Enforce all laws and ordinances which are applicable within the baran-
gay;
_______________________
3
Posse comitatus (Latin) — the power or force of the country. The entire population of a
country above the age of fifteen, which a sheriff may summon to his assistance in certain cases, as
to aid in keeping peace, in pursuing and arresting criminals, etc. 1 Bl. Comm 343; Com V Martin,
7 Pa. District R. 224
1001
LOCAL GOVERNANCE
2. Negotiate, enter into, and sign contracts for and in behalf of the baran-
gay, upon authorization of the sangguniang barangay;
3. Maintain public order in the barangay and, in pursuance thereof, assist
the city or municipal mayor and the sanggunian members in the performance of
their duties and functions;
4. Call and preside over the
sessions of the sangguniang baran-
gay and the barangay assembly,
and vote only to break a tie;
5. Upon approval by a major-
ity of all the members of the sang-
guniang barangay, appoint or re-
place the barangay treasurer, the
barangay secretary, and other ap-
pointive barangay officials;
6. Organize and lead an
emergency group whenever the
same may be necessary for the
maintenance of peace and order or
on occasions of emergency or calam-
ity within the barangay;
7. In coordination with the
barangay development council, pre-
pare the annual executive and sup-
plemental budgets of the barangay;
8. Approve vouchers relating
to the disbursement of barangay
funds; “When we understand that man is the only
animal who must create meaning, who must
9. Enforce laws and regu- open a wedge into neutral nature, we already
lations relating to pollution understand the essence of love. Love is the prob-
control and protection of the lem of an animal who must find life, create a
environment; dialogue with nature in order to experience his
own being.” —Samuel Butler
10. Administer the operation
(Y. Lee)
of the katarungang pambarangay in
accordance with the provisions of this Code;
11. Exercise general supervision over the activities of the sangguniang ka-
bataan;
12. Ensure the delivery of basic services as mandated under Section
17 of this Code;
1002
13. Conduct an annual palarong barangay which shall feature traditional

sports and disciplines included in national and international games, in coordina-
tion with the Department of Education, Culture and Sports;
14. Promote the general welfare of the barangay; and
15. Exercise such other powers and perform such other duties and functions
as may be prescribed by law or ordinance.
c. In the performance of his peace and order functions, the punong barangay
shall be entitled to possess and carry the necessary firearm within his territorial juris-
diction, subject to appropriate rules and regulations.
The Municipal Mayor
Article I
SEC. 444. The Chief Executive: Powers, Duties, Functions, and Compensation.—
a. The municipal mayor, as
the chief executive of the municipal
government, shall exercise such
powers and performs such duties
and functions as provided by this
Code and other laws.
b. For efficient, effective and
economical governance the purpose
of which is the general welfare of
the municipality and its inhabitants
pursuant to Section 16 of this Code,
the municipal mayor shall:
1. Exercise general su-
pervision and control over all
programs, projects, services,
and activities of the municipal
government, and in this con-
nection, shall:
(xvi) Call upon any
national official or em-
ployee stationed in or as-
signed to the municipal- There is nothing in which the birds differ more from
man than the way in which they can build and yet
ity to advise him on mat-
leave a landscape as it was before.” —Robert Lynd
ters affecting the munici-
(A. Oposa)
pality and to make rec-
1003
LOCAL GOVERNANCE
ommendations thereon, or to coordinate in the formulation and implementa-

tion of plans, programs and projects, and when appropriate, initiate an ad-
ministrative or judicial action against a national government official or em-
ployee who may have committed an offense in the performance of his official
duties while stationed in or assigned to the local government unit concerned;
3. Initiate and maximize the generation of resources and revenues, and apply
the same to the implementation of development plans, program objectives and priorities
as provided for under Section 18 of this Code, particularly those resources and revenues
programmed for agro-industrial development and countrywide growth and progress,
and relative thereto, shall:
(vii) Adopt adequate measures to safeguard and conserve land, min-
eral, marine, forest, and other resources of the municipality;
(viii) Provide efficient and effective property and supply management
in the municipality; and protect the funds, credits, rights and other proper-
ties of the municipality;
The Sangguniang Bayan
Article III
SEC. 447. Powers, Duties, Functions, and Compensation.—

a. The sangguniang bayan, as the legislative body of the municipality, shall enact
ordinances, approve resolutions, and appropriate funds for the general welfare of the
municipality and its inhabitants pursuant to
Section 16 of this Code and in the proper exercise of the corporate powers of the
municipality as provided for under Section 22 of this Code, and shall:
1. Approve ordinances and pass resolutions necessary for an efficient and effec-
tive municipal government, and in this connection shall:
(vi) Protect the environment and impose appropriate penalties for
acts which endanger the environment, such as dynamite fishing and
other forms of destructive fishing, illegal logging and smuggling of logs,
smuggling of natural resources products and of endangered species of
flora and fauna, slash and burn farming, and such other activities which
result in pollution, acceleration of eutrophication of rivers and lakes, or
of ecological imbalance;
2. Generate and maximize the use of resources and revenues for the development
plans, program objectives and priorities of the municipality as provided for under Sec-
tion 18 of this Code with particular attention to agroindustrial development and coun-
tryside growth and progress, and relative thereto, shall:
1004
(vi) Prescribe reasonable limits and restraints on the use of property

within the jurisdiction of the municipality;
(vii) Adopt a comprehensive land use plan for the municipality:
Provided, That the formulation, adoption, or modification of said plan
shall be in coordination with the approved provincial comprehensive
land use plan;
(viii) Reclas-
sify land within the
jurisdiction of the
municipality, subject
to the pertinent pro-
visions of this Code;
(ix) Enact
integrated zoning or-
dinances in conso-
nance with the ap-
proved comprehensive
land use plan, subject
to existing laws, rules
and regulations; es-
tablished fire limits
or zones, particularly
in populous centers;
and regulate the con-
“What humbugs we are, who pretend to live for Beauty, and
struction, repair or
never see the Dawn!” —Logan Pearsall Smith
modification of build- (B. Laureto)
ings within said fire
limits or zones in accordance with the provisions of this Code;
(xi) Subject to the provisions of Book II of this Code, grant the exclusive
privilege of constructing fish corrals or fish pens, or the taking or catching of ban-
gus fry, prawn fry or kawagkawag of fry of any species or fish within the municipal
waters
5. Approve ordinances which shall ensure the efficient and effective delivery of
the basic services and facilities as provided for under Section 17 of this Code, and in
addition to said services and facilities, shall:
(i) Provide for the establishment, maintenance, protection, and conserva-
tion of communal forests and watersheds, tree parks, greenbelts, mangroves, and
other similar forest development projects;
(iii) Authorize the establishment, maintenance and operation of ferries,
wharves, and other structures, and marine and seashore or offshore activities in-
tended to accelerate productivity;
1005
LOCAL GOVERNANCE
(vii) Subject to existing laws, provide for the establishment, operation,

maintenance, and repair of an efficient waterworks system to supply water for the
inhabitants; regulate the construction, maintenance, repair and use of hydrants,
pumps, cisterns and reservoirs; protect the purity and quantity of the water supply
of the municipality and, for this purpose, extend the coverage of appropriate ordi-
nances over all territory within the drainage area of said water supply and within
one hundred (100) meters of the reservoir, conduit, canal, aqueduct, pumping sta-
tion, or watershed used in connection with the water service; and regulate the con-
sumption, use, or wastage of water;
(viii) Regulate the drilling and excavation of the ground for laying of water,
gas, sewer, and other pipes and the construction, repair, and maintenance of pub-
lic drains, sewers, cesspools, tunnels, and similar structures; regulate the placing
of poles and the use of crosswalks, curbs, and gutters; adopt measures to ensure
public safety against open canals, manholes, live wires, and other similar hazards
to life and property; and regulate the construction and use of private water closets,
privies, and other similar structures in buildings and homes;
The City Mayor
Article I
SEC. 455. Chief Executive; Powers, Duties, and Compensation.—

b. For efficient, effective, and economical governance the purpose of which is the
general welfare of the city and its inhabitants pursuant to Section 16 of this Code, the
city mayor shall:
1. Exercise general supervision and control over all programs, projects,
services, and activities of the city government, and in this connection, shall:
(vii) Carry out such emergency measures as may be necessary during
and in the aftermath of manmade and natural disasters and calamities;
The Sangguniang Panglungsod

a. The Sangguniang Panglungsod, as the legislative body of the city, shall enact
ordinances, approve resolutions and appropriate funds for the general welfare of the
city and its inhabitants pursuant to Section 16 of this Code and in the proper exercise of
the corporate powers of the city as provided for under Section 22 of this Code, and shall:
2. Generate and maximize the use of resources and revenues for the devel-
opment plans, program objectives and priorities of the city as provided for under
Section 18 of this Code, with particular attention to agroindustrial development
and citywide growth and progress, and relative thereto, shall:
1006
(vi) Prescribe reasonable limits and restraints on the use of property

within the jurisdiction of the city;
(vii) Adopt a comprehensive land use plan for the city: Provided, That
in the case of component cities, the formulation, adoption or modification of
said plan shall be in coordination with the approved provincial comprehen-
sive land use plan;
(viii) Reclassify land within the jurisdiction of the city, subject to the
pertinent provisions of this Code;
(ix) Enact integrated zoning ordinances in consonance with the ap-
proved comprehensive land use plan, subject to existing laws, rules and regu-
lations; establish fire limits or zones, particularly in populous centers; and
regulate the construction, repair or modification of buildings within said fire
limits or zones in accordance with the provisions of the Fire Code;
(xi) Subject to the provisions of Book 2 of this Code, grant the exclu-
sive privilege of constructing fish corrals or fish pens, or the taking or catch-
ing of bangus fry, prawn fry or kawagkawag, or fry of any species or fish
within the city waters;
4. Regulate activities relative to the use of land, buildings, and structures
within the city in order to promote the general welfare and for said purpose shall:
(i) Declare, prevent or abate any nuisance;
(ii) Require that buildings and the premises thereof and any land
within the city be kept and maintained in a sanitary condition; impose penal-
ties for any violation thereof; or, upon failure to comply with said require-
ment, have the work done at the expense of the owner, administrator or ten-
ant concerned; or require the filling up of any land or premises to a grade
necessary for proper sanitation;
(iii) Regulate the disposal of clinical and other wastes from hospitals,
clinics and other similar establishments;
(iv) Regulate the establishment, operation and maintenance of cafes,
restaurants, beerhouses, hotels, motels, inns, pension houses, lodging houses,
and other similar establishments, including tourist guides and transports;
(v) Regulate the sale, giving away or dispensing of any intoxicating
malt, vino, mixed or fermented liquors at any retail outlet;
(vi) Regulate the establishment and provide for the inspection of
steam boilers or any heating device in buildings and the storage of inflamma-
ble and highly combustible materials within the city;
(vii) Regulate the establishment, operation, and maintenance of any
entertainment or amusement facilities, including theatrical performances,
circuses, billiard pools, public dancing schools, public dance halls, sauna
1007
LOCAL GOVERNANCE
baths, massage parlors, and other places for entertainment or amusement;

regulate such other events or activities for amusement or entertainment, par-
ticularly those which tend to disturb the community or annoy the inhabi-
tants, or require the suspension or suppression of the same; or, prohibit cer-
tain forms of amusement or entertainment in order to protect the social and
moral welfare of the community;
(viii) Provide for the impounding of stray animals; regulate the keeping
of animals in homes or as part of a business, and the slaughter, sale or dispo-
sition of the same; and adopt measures to prevent and penalize cruelty to
animals; and
(ix) Regulate the establishment, operation and maintenance of fu-
neral parlors and the burial or cremation of the dead, subject to existing laws,
rules and regulations;
5. Approve ordinances which shall ensure the efficient and effective deliv-
ery of the basic services and facilities as provided for under Section 17 of this
Code, and in addition to said services and facilities, shall:
(i) Provide for the establishment, maintenance, protection, and con-
servation of communal forests and watersheds, tree parks, greenbelts, man-
groves, and other similar forest development projects;
(iii) Authorize the establishment, maintenance and operation by the
city government of ferries, wharves, and other structures intended to acceler-
ate productivity related to marine and seashore or offshore activities;
(viii) Regulate the drilling and excavation of the ground for the laying
of water, gas, sewer, and other pipes and the construction, repair and main-
tenance of public drains, sewers, cesspools, tunnels, and similar structures;
regulate the placing of poles and the use of crosswalks, curbs, and gutters;
adopt measures to ensure public safety against open canals, manholes, live
wires and other similar hazards to life and property; and regulate the con-
struction and use of private water closets, privies, and other similar struc-
tures in buildings and homes;
The Provincial Governor
Article 1
SEC. 465. The Chief Executive: Powers, Duties, Functions, and Compensation.—
b. For efficient, effective and economical governance the purpose of which is the
general welfare of the province and its inhabitants pursuant to Section 16 of this Code,
the provincial governor shall:
1008
3. Initiate and maximize the generation of resources and revenues, and

apply the same to the implementation of development plans, program objectives
and priorities as provided for under Section 18 of this Code, particularly those re-
sources and revenues programmed for agro-industrial development and country-
wide growth and progress and, relative thereto, shall:
(v) Adopt adequate measures to safeguard and conserve land, min-
eral, marine, forest and other resources of the province, in coordination with
the mayors of component cities and municipalities; provide efficient and ef-
fective property and supply management in the province; and protect the
funds, credits, rights, and other properties of the province; and
(vi) Institute or cause to be instituted administrative or judicial pro-
ceedings for violation of ordinances in the collection of taxes, fees or charges,
and for the recovery of funds and property, and cause the province to be de-
fended against all suits to ensure that its interests, resources, and rights
shall be adequately protected.
The Sangguniang Panlalawigan
Article III

a. The Sang-
guniang Panlalawigan,
as the legislative body of
the province, shall enact
ordinances, approve reso-
lutions and appropriate
funds for the general
welfare of the province
and its inhabitants pur-
suant to Section 16 of
this Code in the proper
exercise of the corporate
powers of the province as
provided for under Sec-
tion 22 of this Code, and
shall:
Generate and
“Nature is an infinite sphere whose center is everywhere and
maximize the use of whose circumference is nowhere.” —Blaise Pascal
resources and reve- (A. Oposa)
nues for the deve-
1009
LOCAL GOVERNANCE
lopment plans, program objectives and priorities of the province as provided for
under Section 18 of this Code, with particular attention to agro-industrial devel-
opment and countrywide growth and progress and relative thereto, shall:
(vii) Review the comprehensive land use plans and zoning ordinances
of component cities and municipalities and adopt a comprehensive provincial
land use plan, subject to existing laws;
(viii) Adopt measures to enhance the full implementation of the na-
tional agrarian reform program in coordination with the Department of
Agrarian Reform;
4. Approve ordinances which shall ensure the efficient and effective deliv-
ery of basic services and facilities as provided for under Section 17 of this Code,
and, in addition to said services and facilities, shall:
(i) Adopt measures and safeguards against pollution and for the
preservation of the natural ecosystem in the province, in consonance with ap-
proved standards on human settlements and environmental sanitation;
(ii) Subject to applicable laws, facilitate or provide for the establish-
ment and maintenance of waterworks system or district waterworks for sup-
plying water to inhabitants of component cities and municipalities;
The Environment and Natural Resources Officer
Article XIV
SEC. 484. Qualifications, Powers, and Duties.—

b. The environment and natural resources management officer shall take
charge of the office on environment and natural resources and shall:
3. In addition to the foregoing duties and functions, the environment and
natural resources officer shall:
(i) Establish, maintain, protect, and preserve communal forests, wa-
tersheds, tree parks, mangroves, greenbelts, and similar forest projects and
commercial forest, like industrial tree farms and agro-forestry projects;
(iii) Manage and maintain seed banks and produce seedlings for forest
and tree parks;
(iv) Provide extension services to beneficiaries of forest development
projects and render assistance for natural resources-related conservation and
utilization activities consistent with ecological balance;
(v) Promote the small-scale mining and utilization of mineral re-
sources, particularly mining of gold;
1010
(vi) Coordinate with government agencies and nongovernmental or-

ganizations in the implementation of measures to prevent and control land,
air and water pollution with the assistance of the Department of Environ-
ment and Natural Resources;
4. Be in the frontline
of the delivery of services
concerning the environment
and natural resources,
particularly in the renewal
and rehabilitation of the
environment during and in
the aftermath of man-made
and natural calamities and
disasters;
5. Recommend to the
Sanggunian and advise the
governor or mayor, as the
case may be, on all matters
relative to the protection,
conservation, maximum
utilization, application of
appropriate technology and
other matters related to the
environment and natural re-
sources; and
Title III
“For a successful technology, reality must take prece-
dence over public relations, for Nature cannot be
fooled.” —Richard P. Feynman
(Yvette Lee)
SEC. 530. Local Water Dis-
tricts.—All powers, functions, and attributes granted by Presidential Decree No. 198,
otherwise known as “The Provincial Water Utility Act of 1973,” to the Local Water
Utilities Administration (LWUA) may be devolved into the existing local water districts
should they opt or choose to exercise, in writing, such powers, functions and attributes:
Provided, That all obligations of the local government unit concerned to the LWUA
shall first be settled prior to said devolution.
SEC. 536. Effectivity Clause.—This Code shall take effect on January 1, 1992,
unless otherwise provided herein, after its complete publication in at least one (1)
newspaper of general circulation.
1011
LOCAL GOVERNANCE
Can a Local Government Declare Its Territorial Jurisdiction

a No Mining Area?
Yes, we are of the opinion that under the principles of local autonomy and sub-
sidiarity, a local government may legally refuse to allow mineral exploration and ex-
ploitation within its territory.
The following legal anchors may be used:
a) Principles of Subsidiarity and Autonomy – A local government unit at its
lowermost level has the duty and power to chart its own course in the pursuit of hap-
piness and full human development in economics, social. The Philippines, and its bio-
logical wealth, is so precious and priceless, it is incapable of pecuniary estimation. A
local government unit may opt to preserve this wealth in its entirety and pursue eco-
nomic development in way and means that are non-extractive, non-destructive and
along the lines of CPR Economics (Conservation, Protection, and Restoration).
b) Sections 26 and 27 of the Local Government Code dictates that for any pro-
ject that may cause pollution, the prior approval of the Local Sanggunian must be se-
cured. Where the Sanggunian – reflecting the people’s will – refuse to grant this ap-
proval, the national government is legally hard-put to enforce its unpopular dictate.
Devolved Environmental Functions
Role of Local Governments in Environmental Protection (DAO No. 30-92)
Pursuant to Republic Act

No. 7160, otherwise known as
the Local Government Code of
1991, and Executive Order
Nos. 192 and 503, defining the
mandates, organization and
functions of the Department of
Resources (DENR) and the
rules and regulations imple-
menting the transfer to con-
cerned Local Government
Units (LGUs) of personnel,
assets and records pertaining
“An artist, under pain of oblivion, must have confidence in
to the devolved functions of himself, and listen only to his real master: Nature.”—
national government agencies, Auguste Renoir
respectively, the following (Y. Lee)
1012
ROLE OF LOCAL GOVERNMENTS IN
ENVIRONMENTAL PROTECTION
guidelines governing the devolution of certain DENR functions, programs and projects
to the LGUs are hereby promulgated.
SECTION 1. Policies Governing the Devolution of Functions.—The transfer and
implementation of certain DENR functions devolved to the LGUs, as enumerated under
Section 17 of the Code, shall be governed by the following policies:
1.1 The DENR shall remain as the primary government agency responsible for
the conservation, management, protection, development and proper use of the country’s
environment and natural resources and the promotion of sustainable development;
1.2 The LGUs shall share with the national government, particularly the
DENR, the responsibility in the sustainable management and development of the envi-
ronment and natural resources within their territorial jurisdiction;
1.3 The implementation of the devolved functions by the municipalities and cit-
ies and the enforcement of laws, rules and regulations pertaining to the devolved func-
tions as provided for in the Code, by the provinces and cities shall be pursuant to na-
tional policies and subject to supervision, control and review of the DENR. Provided,
that when necessary the concerned provinces, cities and municipalities shall enter into
administrative arrangements to effectively and efficiently enforce the laws, rules and
regulations pertaining to the devolved functions;
1.4 Pursuant to the Code’s mandate for National Government Agencies (NGAs)
to deconcentrate its power and authority to appropriate field offices, the DENR shall
retain and strengthen its regional offices and provincial and community environment
and natural resources offices (PENROs and CENROs );
1.5 Programs, projects or activities which are wholly or partially funded from
foreign sources, or those included as agency budgetary program, project, or item under
the annual General Appropriations Act, pertinent Executive Orders and other special
laws, including the Comprehensive Agrarian Reform program (CARP), shall be exempt
from devolution, thus retained by the DENR.
SEC. 2. Definition of Terms.—As used in this Administrative Order (hereinafter
referred to as Order) the terms enumerated below shall be defined as follows:
2.1 Cadastral Survey — Refers to all surveys made of extensive areas consist-
ing of several lots for cadastral registration proceedings, agricultural development, or
for any purpose pursuant to the provision or pertinent land laws.
2.2 Cease and Desist Order — Refers to an Order issued by the Pollution Ad-
judication Board requiring respondents to refrain from further operating their estab-
lishment, machines, equipment or other facilities generating or causing pollution.
2.3 Communal Forest — Refers to a tract of forest land set aside by the Secre-
tary of the DENR for the use of the residents of a municipality from which said resi-
dents may cut, collect and remove forest products for their personal use in accordance
with existing laws and regulations.
1013
LOCAL GOVERNANCE
2.4 Community Environment and Natural Resources Office (CENRO) — Refers

to the DENR office headed by a Community Environment and Natural Resources Offi-
cer which is responsible for the implementation of DENR policies/regulations, pro-
grams, projects and activities in the community level.
2.5 Community-Based Forestry Project — Refers to DENR developmental pro-
jects involving local communities which include the Integrated Social Forestry Project,
family and community contract reforestation, Forest Land Management Agreement
(FLMA), Community Forestry Program and other similar projects.
2.6 Community Forestry Program (CFP) — Refers to the DENR projects
launched through DENR Administrative Order No. 123, series of 1989, that are geared
towards the protection and sustainable management of forest lands predominantly
consisting of residual forests by training and organizing upland communities for their
participation in said activities for their benefits.
2.7 Contract Reforestation — The implementation of reforestation activities,
including establishment, maintenance and protection of forest plantations and nursery
preparations, through written agreements with the private sector such as families,
communities and corporations and/or with the public sector like local government units
(LGUs) and other government agencies (OGAs). It shall also include contracts for sur-
veying, mapping and planning, comprehensive site development, and monitoring and
evaluation and other activities involved in or related to reforestation.
2.8 De-concentration — Refers to increased and further delegation of functions,
responsibilities and authority by the DENR central office to its appropriate regional and
field offices. This also involves the deployment of personnel form the Central office and
Bureaus to the field offices in order to perform the increased functions and responsibili-
ties.
2.9 Devolution — Refers to the act by which the national government confers
and transfers power and authority, heretofore performed by national agencies, together
with the corresponding personnel, equipment, assets, liabilities, records and other ap-
purtenances, to the various LGUs to perform specific functions and responsibilities.
2.10 Environment and Natural Resources Officer (ENRO) — Refers to the LGU
official who may be appointed by the concerned Local Chief Executives and who shall be
directly responsible for the planning and implementation of the devolved DENR func-
tions to the LGUs, pursuant to Section 484 of the Code.
2.11 Environment Compliance Certificate (ECC) — Refers to license/permit
/authorization which DENR issues in favor of proponents, projects of which have been
duly reviewed, evaluated and finally approved by DENR pursuant to PD 1586 as well as
Proclamation 2146 otherwise known as Environmental Impact Assessment System.
2.12 Foreign-assisted Projects — Refers to DENR projects which are wholly or
partially funded from foreign sources.
1014
2.13 Forest Land Management Agreement (FLMA) — A contract issued by the

government to duly-organized, bona fide residents of the community where the FLMA
area is located among others, granting them the sole and exclusive privilege to develop
said area, harvest and utilize its products for 25 years, renewable for another 25-years,
with the obligation to pay production share to the government equivalent to the cost
invested in reforesting such area, pursuant to DENR Administrative Order no. 71, Se-
ries of 1990.
2.14 Integrated Social Forestry (ISF) — Refers to an inter-agency national pro-
gram created by Letter of Instruction No. 1260, dated July 28, 1982, designed to pro-
mote the socio-economic conditions of forest occupants and communities dependent on
forest land for their
livelihood, provide land
tenure and at the same
time protect and improve
the quality of the environ-
ment.
2.15 Isolated Sur-
vey — Refers to all classes
of surveys of isolated par-
cel of land use for agricul-
tural, residential, indus-
trial, commercial, reset-
tlement or for any other
purposes.
2.16 Lot Survey —
Refers to the survey of
specific lots, particularly
private lands.
2.17 Provincial
Resources Office (PENRO)
— Refers to the DENR
office, headed by a Provin-
cial Environment and
Natural Resources Officer
appointed by the Secretary “This we know: the earth does not belong to man, man belongs to
of the DENR, which is the earth.
responsible for the imple- All things are connected like the blood that unites us all.
Man did not weave the web of life, he is merely a strand in it.
mentation of the DENR
Whatever he does to the web, he does to himself.”—Attributed
policies, regulations, pro- to Chief Seattle
grams, projects and activi- (Abbi Luz)
ties in the province.
1015
LOCAL GOVERNANCE
2.18 Protected Areas — Refers to identified portions of land and water set aside
by reason of their unique physical and biological significance, managed to enhance bio-
logical diversity and protected against destructive human exploitation, as provided for
in RA 7586, the National Integrated Protected Areas System (NIPAS) Act of 1992.
2.19 Regional Environment and Natural Resources Office (RENRO) — Refers to
the DENR office headed by the Regional Executive Director (RED) which is responsible
for the coordination and implementation of all policies regulations, programs and pro-
jects on environmental and natural resources development and conservation of the
DENR in the region.
2.20 Regular Reforestation — Refers to reforestation activities funded through
regular appropriations and implemented by DENR field offices by administration or by
contracts or both as distinguished from reforestation activities funded through foreign -
sourced funds.
2.21 Small-scale mining — Refers to small scale mining activities as defined by
RA 7076, the People’s Small Scale Mining Act of 1991.
2.22 Small Watershed Areas — Refer to forest lands identified and delineated
by the DENR as sources of water supply for specific local communities.
SEC. 3. Devolved Functions, Programs and Projects.—Pursuant to Section 17 of
the Code and subject to the provisions herein, particularly the policies enunciated in
Sec. 1 above, the following functions, programs and projects of the DENR are hereby
devolved to the concerned LGUs:
3.1 Forest Management
a. Implementation of the following community-based forestry projects:
i. Integrated Social Forestry Projects, currently funded out of regular
appropriations, except at least one project per province that shall serve as re-
search and training laboratory, as identified by the DENR, and those areas
located in protected areas and critical watersheds;
ii. Establishment of new regular reforestation projects, except those
areas located in protected areas and critical watersheds;
iii. Completed family and community-based contract reforestation pro-
jects, subject to policies and procedures prescribed by the DENR;
iv. Forest Land Management Agreements in accordance with DENR
Administrative Order No. 71, Series of 1990 and other guidelines that the
DENR may adopt; and
v. Community Forestry Projects, subject to concurrence of financing
institution (s), if foreign assisted.
b. Management and control of communal forests with an area not exceeding
fifty (50) square kilometers or five thousand (5,000) hectares, as defined i Section 2,
1016
above. Provided, That the concerned LGUs shall endeavor to convert said areas into
community forestry projects;
c. Management, protection, rehabilitation and maintenance of small watershed
areas which are sources of local water supply as identified or to be identified by the
DENR; and
d. Enforcement of forest laws in community-based forestry project areas, small
watershed areas and communal forests, as defined in Section 2 above, such as but not
limited to:
i. Prevention of forest fire, illegal cutting and kaingin;
ii. Apprehension of violators of forest laws, rules and regulations;
iii. confiscation of illegally extracted forest products on site;
iv. Imposition of appropriate penalties for illegal logging, smuggling of
natural resources products and of endangered species of flora and fauna, slash and
burn farming and other unlawful activities; and
v. Confiscation, forfeiture and disposition of conveyances, equipment and
other implements used in the commission of offenses penalized under P.D. 705 as
amended by E.O. 277, series of 1987 and other forestry laws, rules and regula-
tions.
Provided, That the implementation of the foregoing activities outside the devolved
areas above mentioned, shall remain with the DENR.
3.2 Protected Areas and Wildlife
a. Establishment, protection and maintenance of tree parks, greenbelts
and other tourist attractions in areas identified and delineated by the DENR, ex-
cept those covered by the Integrated Protected Areas System, as defined by law,
and the collection of fees for their services and the use of facilities established
therein;
b. Except export and import, regulation of flora outside protected areas in-
cluding industries and businesses engaged in their propagation and development,
such as orchidaria and nurseries. Provided, That such businesses and industries
are registered with the DENR for monitoring purposes.
c. Implementation of the Rehabilitation in Conservation Hotspots (RICH)
and the Conservation of Rare and Endangered Species (CARE) activities in area
identified and delineated by the DENR .
3.3 Environmental Management
a. Enforcement of the following pollution control and environmental pro-
tection laws, rules and regulations:
1017
LOCAL GOVERNANCE
i. Issuance of Environmental Compliance Certificate (ECC) for pro-

jects and businesses, under the Kalakalan 20;
ii. Adjudication of cases involving complaints against businesses un-
der the Kalakalan 20 ; and
iii. Apprehension and testing of smoke belching vehicles and collection
of appropriate fees and charges
b. Implementation of solid waste disposal and other environmental man-
agement systems and services related to general hygiene and sanitation, such as
sewage and household wastes disposal;
c. Abatement of noise and other forms of nuisance as defined by law; and
d. Implementation of Cease and Desist Orders issued by the Pollution and
Adjudication Board.
3.4 Mines and Geo-Sciences Development
a. Enforcement of the small-scale mining law, subject to the policies, stan-
dards and guidelines of the DENR;
b. Issuance of permit for guano collection and to extract sand, gravel and
other quarry resources; and
c. Verification and adjudication of conflicts on and collection of fees and
charges for guano collection and the extraction of sand, gravel and other quarry
resources.
3.5 Land Management
a. Conduct of cadastral surveys;
b. Conduct of lot surveys; and
c. Conduct of isolated and special journeys.
Provided, That the issuance of survey authority and the verification of survey re-
turns, records keeping, issuance of patents and other post-survey activities shall be
done by the DENR. Provided further, That the DENR shall extend the necessary admin-
istrative and technical assistance to the LGUs for the actual conduct of surveys, and the
preliminary activities attendant to the surveys;
SEC. 4. Role of the LGUs.—In coordination with the DENR and subject to the
provisions of this Order, the LGUs shall adopt adequate measures to protect the envi-
ronment and conserve land, mineral, marine, forest and other resources within their
territorial jurisdiction. Furthermore, the LGUs shall:
4.1 Provide the necessary financial, technical, manpower and other resources to
ensure the efficient and effective implementation of the devolved functions as enumer-
ated in Section 3 above;
1018
4.2 In addition to the Internal Revenue Allotment, allot amounts from their
share of forty percent (40%) of the gross collection derived by the national government
from mixing taxes, royalties, forestry charges and other taxes, fees, or charges enumer-
ated in the Code, to finance local development and livelihood projects, in accordance
with Sec. 294 of the Code and for the protection and development of the environment
and natural resources;
4.3 Whenever necessary, call any DENR official assigned to them to make rec-
ommendation or advice on environment and natural resources-related matters affecting
them. Provided, That said DENR official shall not leave his station without giving prior
written notice to the local chief executive concerned.
SEC. 5. LGUs’ ENROs.—Notwithstanding the provision of Sec. 484 of the Code
prescribing for the optional appointment of Environment and Natural Resources Offi-
cers (ENROs), LGUs with substantial natural resources or which are identified by the
DENR as environmentally critical areas, shall endeavor to appoint an ENRO, who shall
take responsibility for the planning and implementation of the devolved functions.
SEC. 6. Role
of the DENR.—The
DENR, subject to the
provisions of Execu-
tive Order No. 503,
shall transfer to the
concerned LGUs the
personnel and assets
including pertinent
records and equip-
ment corresponding
to the devolved func-
tions. Provided, That
those personnel per-
forming inter-muni-
cipal functions like
the Community De-
velopment Officers/
“We must begin thinking like a river if we are to leave a legacy of
Assistants (CDOs
beauty and life for future generations.—David Brower
and CDAs) of the (Y. Lee, Loboc River, Bohol)
Integrated Social Fo-
restry Projects, pursuant to Sec. 2 (b) of E.O No. 503 shall be devolved to the provinces
wherein the municipalities concerned are located. Provided, further, That the Commu-
nity Development Officers/Assistants assigned to the ISF projects in the cities of Davao,
Zamboanga and Puerto Princesa shall be transferred to these cities and that at least
one Community Development Officer and Assistant shall be devolved to each of the
1019
LOCAL GOVERNANCE
other cities which have at least three (3) ISF projects in their geographic jurisdiction.
Moreover, the DENR shall:
6.1 Strengthen its policy-making, planning, monitoring and evaluation capabili-
ties at the central and regional levels and monitoring, evaluation, investigation and
prosecution capabilities at the regional, provincial and community environment of per-
tinent rules and regulations and delivery of services, including the implementation of
the devolved functions, programs and projects;
6.2 Pursuant to national policies and its supervision, control and review func-
tions over the devolved functions as provided for in the Code:
a. Conduct Periodic monitoring and evaluation of the implementation of
the devolved functions by the LGUs;
b. Alter or modify or nullify or set aside certain decisions or actions of the
LGUs or their chief Executives which, in implementation of the devolved func-
tions, are inconsistent with national policies;
c. Conduct investigation, and when necessary, cause the proportion of err-
ing parties in the implementation /enforcement of the devolved functions.
6.3 Through its regional, provincial and community environment and natural re-
sources offices, provide the LGUs technical assistance packages for the development of
technical capabilities related but not limited to the following:
a. Enforcement of forest laws, small-scale mining law, pollution and other
environmental laws, rules and regulations;
b. Implementation of reforestation, ISF and other community -based for-
estry projects and small-scale mining projects;
c. Protected areas and wildlife;
d. Ecosystems research and related activities and other researches
e. Land surveys and delineation of boundaries
f. Establishment of greenbelts, urban forests and forests-based recreation
projects; and
g. Other activities related to the devolved function;
6.4 Provide opportunities for scholarships/training to LGU personnel working on
environment and natural resources-related programs and activities, whenever possible,
subject to the recommendations and/or approval of the chief Executives of the LGUs
concerned;
6.5 Establish and maintain one research and training laboratory for upland
/forest management per province to be identified form among the present ISF Project
sites.
6.6 Make available its upland/forest management laboratories for training of
farmers and upland/forestry workers of concerned LGUs; and
1020
6.7 In coordination with the LGUs and concerned and non-governmental organi-
zation (NGOs) formulate effective consultation mechanisms to facilitate project plan-
ning and implementation.
SEC. 7. Manual of Operations.—Within six (6) months from the approval of this
Order, the DENR shall develop a manual of operations which shall guide the LGUs in
the implementation of the devolved functions, and the monitoring and evaluation of
projects by the DENR.
SEC. 8. Environment and Natural Resources Council (ENRC).—The DENR and
the concerned LGUs, shall organize within six months from the approval of this Order,
an Environment and Natural Resources Council (ENRC) consisting of appropriate LGU
and DENR officials and representatives from concerned LGU. The ENRC shall review
and recommend the implementation of programs and projects and perform oversight
functions on matters pertaining to environment and natural resources. Provided, That
for Municipalities and cities, the Vice Mayor shall act as Chairman of said Council.
SEC. 9. Linkage/Support to NGOs.—The DENR and concerned LGUs shall ex-
tend assistance to and enhance the participation of NGOs in the environment and natu-
ral resources-related activities, such as but not limited to contract reforestation and the
ISF projects . Provided, That said NGOs are accredited with both the DENR and the
concerned LGUs.
SEC. 10. Deconcentration of Authority and Responsibility.—The DENR shall,
within six (6) months after the effectivity of RA 7160, effect the deconcentration of au-
thorities and responsibilities not devolved to LGUs, to its appropriate regional, provin-
cial and community environment and natural resources offices.
SEC. 11. Reorganization.—The DENR may, on a case to case basis reorganize
its regional and field offices, and/or create new community offices, depending on the
available natural resources and retained functions in their respective jurisdictions and
other criteria that may be set by the DENR. Provided, That in cases where new prov-
inces are created, the DENR shall establish its necessary provincial offices in said prov-
inces, subject to the rules and regulations of the Department of Budget and Manage-
ment (DBM) on the provision of the necessary staffing and funds for said purpose.
SEC. 12. Functions Retained by DENR.—All functions, programs, projects and
activities, presently performed by the DENR which are not expressly devolved to LGUs
in this Order, shall be retained by the DENR.
SEC. 13. Continuing Devolution.—In support of local autonomy, the DENR sub-
ject to the attainment of certain requisites and standards such as technical capability,
implementation plans and other requirements as may be provided for in the national
policies, shall further devolve other functions and responsibilities to the LGUs, not only
though legislative enabling acts but also by administrative and organizational reforms,
such as memorandum of agreements and deputation of local officials.
1021
LOCAL GOVERNANCE
SEC. 14. Repealing Clause.—Any provision of DENR Administrative Orders,

Memorandum Circulars or other official issuances not consistent herewith are hereby
repealed.
SEC. 15. Effectivity.—This Order shall take effect 30 June 1992 and remain in
force and effect unless otherwise revoked or amended in writing by the Oversight
Committee created by the RA 7160 or by any other higher competent authority.
Role of Local Governments in Environmental Protection
Background:
One of the prevalent illegal fishing methods in the Philippines is the use of poison-
ous substances, among them the lethal substance known as sodium cyanide. The chemi-
cal is dissolved in water and placed in a plastic container, usually a ketchup dispenser.
A fisherman then dives and squirts the cyanide-laced liquid underwater in the crevices
of, and around, the coral reefs.
The object is not to kill the fish but only to stun them. Groggy, the colorful and
valuable coral reef fish are then easily scooped with a net and when the diver surfaces,
he just dumps his catch into a submerged net attached to his banca (outrigger boat).
Several minutes later, the fish recover and swim again normally. Back on shore, they
are placed in holding pens or plastic bags filled with saltwater, pumped with oxygen,
and shipped abroad for the live fish markets of the world. The live fish usually find
themselves in the aquariums of expensive restaurants waiting to be pointed to and
cooked to satisfy exquisite gastronomic tastes at the banquet tables of the rich, or in the
colorful saltwater aquariums of fish aficionados.
While the fish are meant to survive, the collateral damage to the corals is irrepa-
rable and irreversible. “After the fisherman squirts the cyanide, the first thing to perish
is the reef algae on which the fish feed. Days later, the living coral start to die. Soon the
reefs lose their function as habitat for the fish, which eat both the algae and the inver-
tebrates that cling to the coral.”
Soon, “the reef becomes an underwater graveyard, their skeletal remains become
brittle, bleached of all color and vulnerable to the pounding of the waves.” Because the
seawater contaminated with cyanide is carried by the currents and the tides, a greater
swath of destruction may well be left by a single act of mindless greed.
The Province of Palawan is the so-called final frontier of wilderness in the Philip-
pines. It is still rich with forests and marine resources. Its local leaders who have be-
come more aware and more protective of this natural wealth have sought to protect it
by local legislation.
Facts: To curtail the practice of cyanide fishing, the legislative council of the city
of Puerto Princesa passed an ordinance banning the export of live fish from the city.
1022
The acting mayor also issued an office order directing the inspection of cargoes of live
fish or lobster being shipped from the airport of Puerto Princesa.
On another level, the sangguniang panglalawigan of the Province of Palawan also
passed a provincial ordinance prohibiting the catching of certain coral-dwelling aquatic
organisms for a period of five years.
Petitioner Tano and other individuals were criminally charged for violation of
these ordinances. Other interested parties, such as the Airline Shippers Association of
Palawan and traders affected by the ordinances, also joined in the petition to annul
the ordinances. The legal challenge was anchored on the ground that the ordinances
have, in effect, deprived the petitioners of their livelihood without due process of law.
They also sought to rely on the Constitutional provision (Section 7, Article XIII, 1987
Constitution) which ostensibly protects the rights of subsistence fishermen and grants
them the preferential use of fishing resources.
Issue: Are the ordinances valid and within the power of the concerned local gov-
ernment units to enact?
Held: Disposing of the argument that the petitioners, as subsistence fishermen,
must be given preferential right, the Supreme Court said that none of the petitioners
have shown that they fall within the definition of a marginal or subsistence fisherman.
As defined by the local government Code, a subsistence fisherman is “an individual
engaged in subsistence farming or fishing which shall be limited to the sale, barter or
exchange of agricultural or marine products produced by himself and his immediate
family.” Furthermore, the Court pointed out that the Constitutional provision cited by
Tano et al. “aims not to bestow any right to subsistence fishermen, but to lay stress on
the duty of the State to protect the nation’s marine wealth.” “The ordinances in question
are meant precisely to protect and conserve our marine resources to the end that their
enjoyment may be guaranteed not only for the present generation, but also for the gen-
erations to come.”
“What must likewise be borne in mind is the State policy enshrined in the Consti-
tution regarding the duty of the State to protect and advance the right of the people to a
healthful and balanced ecology in accord with the rhythm and harmony of nature.” The
General Welfare Clause of the Local Government Code expressly mentions this right
when it states that “within their respective territorial jurisdictions, local government
units shall ensure and support, among others, the preservation and enrichment of cul-
ture, (and) enhance the right of the people to a balanced ecology.
Moreover, Section 5(c) of the Local Government Code “explicitly mandates that
(its) general welfare provisions ‘shall be liberally interpreted to give more powers to the
local government units in accelerating economic development and upgrading the quality
of life for the people of the community.’ ” “The Code also vests municipalities with the
power to penalize with appropriate ordinances, the use of explosives, noxious or poison-
ous substances and other deleterious methods of fishing. Further, the sangguniang
1023
LOCAL GOVERNANCE
(bayan, panglungsod and panglalawigan) are directed to enact ordinances for the gen-
eral welfare of the (community) and its inhabitants, which include, among others, ordi-
nances that ‘protect the environment and impose appropriate penalties for acts which
endanger the environment such as dynamite fishing and other forms of destructive
fishing . . . and such other activities which result (in) ecological imbalance.’ ” (Thus),
any fair and reasonable doubt as to the existence of the power shall be interpreted in
favor of the local government unit concerned.
“Parenthetically, these ordinances find full support (in) Republic Act No. 7611,
otherwise known as the Strategic Environmental Plan for Palawan Act, (which) adopts
a comprehensive framework for the sustainable development of Palawan compatible
with protecting and enhancing the natural resources and endangered environment of
the province.”
“The nexus between the activities barred by the (ordinances) and the use of so-
dium cyanide is obvious. The public purpose and the reasonableness of the ordinances
may not then be controverted.”
“In closing, we commend the sangguniang panglungsod of the city of Puerto Prin-
cesa and the sangguniang panglalawigan of the province of Palawan for exercising the
requisite political will to enact urgently needed legislation to protect and enhance the
marine environment, thereby sharing in the Herculean task of arresting the tide of
ecological destruction.
We hope that other local government units shall now be roused from their lethargy
and adopt a more vigilant stand in the battle against the decimation of our legacy to
future generations. At this time, the repercussions of any further delay in their re-
sponse may prove disastrous, if not irreversible.”
Petition dismissed for lack of merit.
Tano et al. v. Gov. Socrates, et al.
G. R. No.110249, August 21, 1997
Editor’s Note: See also the case of Provincial
Government of Rizal vs. Exec. Secretary cited in
Section on Solid Waste.
Abatement of Public Nuisance by LGU

Facts: The residents of barrio Sta. Elena, Virac, Catanduanes complained about
the disturbance caused by the operation of the abaca baling machine inside the ware-
house of Celestino Tatel, affected the peace and tranquility of the neighborhood due to
the smoke, obnoxious odor, and dust emitted by the machine. The committee appointed
by the Municipal Council of Virac noted the crowded nature of the neighborhood with
narrow roads and the surrounding residential houses, so much so that an accidental fire
within Tatel’s warehouse occasioned by a continuance of the activity inside and the
storage of inflammable materials created a danger to the lives and properties of the
people within the neighborhood.
1024
Thus, Resolution No. 29 dated April 22, 1966 was passed by the municipal council
of Virac declaring the warehouse owned and operated by the petitioner a public nui-
sance.
The municipal officials contend that petitioner’s warehouse was constructed in vio-
lation of Ordinance No. 13 prohibiting the construction of warehouses near a block of
houses either in the poblacion or barrios without maintaining the necessary distance of
200 meters from said block of houses to avoid loss of lives and properties by accidental
fire.
Issue: Is Ordinance No. 13 valid?
Held: Yes. Ordinance No. 13 was passed by the municipal council of Virac in the
exercise of its police power. It is a settled principle of law that municipal corporations
are agencies of the State for the promotion and maintenance of local self-government
and as such are endowed with police powers in order to effectively accomplish and carry
out the declared objects of their creation.
“For an ordinance to be valid, it must not only be within the corporate powers of
the municipality to enact but must also be passed according to the procedure prescribed
by law, and must be in consonance with certain well-established and basic principles of
a substantive nature. These principles require that a municipal ordinance 1) must not
contravene the Constitution or any statute, 2) must not be unfair or oppressive, 3) must
not be partial or discriminatory 4) must not prohibit but may only regulate trade, 5)
must be general and consistent with public policy, and 6) must not be unreasonable.
Ordinance No. 13 meets these criteria.”
Basically, what is regulated by the ordinance is the construction of warehouses
wherein inflammable materials are stored where such warehouses are located at a dis-
tance of 200 meters from a block of houses and not the construction per se of a ware-
house. The purpose is to avoid the loss of life and property in case of fire which is one of
the primordial obligation of government.
The mere fact that the municipal authorities of Virac have not proceeded against
other warehouses in the municipality allegedly violating Ordinance No. 13 is no reason
to claim that the ordinance is discriminatory. A distinction must be made between the
law itself and the manner in which said law is implemented by the agencies in charge
with its administration and enforcement. There is no valid reason for the Tatel to com-
plain, in the absence of proof that the other warehouses mentioned by him are operation
in violation of the ordinance and that complaints have been lodged against the ware-
houses concerned without the municipal authorities doing anything about it.
Tatel v. Municipality of Virac

G.R. No. 40243, March 11, 1992
1025
LOCAL GOVERNANCE
Police Powers of the Metro Manila Commission
Zoning ordinances passed by the municipality of Makati and the then Metro Ma-
nila Commission were done under the exercise of police powers for the general welfare.
Facts: “This case involved five consolidated petitions filed by Bel-Air Village As-
sociation, Inc. (BAVA) and three residents of Bel-Air Village against other residents of
the village and Ayala Corporation as the developer of the subdivision. The petitioners
sought to enforce certain restrictive easements in the deeds of sale over their respective
lots in the subdivision. These were the prohibition on the setting up of commercial and
advertising signs on the lots, and the condition that the lots be used only for residential
purposes. BAVA alleged that the residents of Jupiter Street in the subdivision, con-
verted their residences into commercial establishments in violation of the “deed restric-
tions,” and that Ayala Corporation ushered in the full commercialization of Jupiter
Street by tearing down the perimeter wall that separated the commercial from the resi-
dential section of the village.”
“The petitions were dismissed based on Ordinance No. 81 of the municipal council
of Makati and Ordinance No. 81-01 of the Metro Manila Commission (MMC). Municipal
Ordinance No. 81 classified Bel-Air Village as a Class A Residential Zone, with its
boundary in the south extending to the center line of Jupiter Street. The municipal
ordinance was adopted by the MMC under the Comprehensive Zoning Ordinance for the
National Capital Region and promulgated as MMC Ordinance No. 81-01. Bel-Air Vil-
lage was indicated as bounded by Jupiter Street and the block adjacent thereto was
classified as a high intensity commercial zone.”
Issue: Are the zoning ordinances of Makati and the MMC valid?
Held: Yes. The Supreme Court upheld the ordinances as a legitimate exercise of
police power. “The power of the MMC and the Makati municipal council to enact zoning
ordinances for the general welfare prevailed over the deed restrictions.”
“Since both ordinances recognized Jupiter Street as the boundary between Bel-Air
Village and the commercial district, Jupiter Street was not for the exclusive benefit of
Bel-Air residents. The perimeter wall on said street was constructed not to separate the
residential from the commercial blocks but simply for security reasons, hence, in tear-
ing down said wall, Ayala Corporation did not violate the restrictions in the deeds of
sale.”
Sangalang v. IAC
168 SCRA 634 (1988)
1026
METRO MANILA DEVELOPMENT AUTHORITY
Metro Manila Development Authority (Republic Act 7924)
SECTION 1. Declaration of Policy.—It is hereby declared to be the policy of the

State to treat Metropolitan Manila as a special development and administrative region
and certain basic services affecting or involving Metro Manila as metro-wide services
more efficiently and effectively planned, supervised, and coordinated by a development
authority as created herein, without prejudice to the autonomy of the affected local
government units.
Pursuant to
this policy, Met-
ropolitan Manila,
as a public corpo-
ration created un-
der Presidential
Decree No. 824,
embracing the ci-
ties of Caloocan,
Manila, Mandalu-
yong, Makati, Pa-
say, Pasig, Quezon,
and Muntinlupa,
and the municipa-
lities of Las Piñas,
Malabon, Marikina,
Navotas, Paraña-
que, Pateros, San
Juan, Taguig, and
Valenzuela, is here-
“When one tugs at a single thing in nature, he finds it attached to the rest
by constituted into
of the world.”—John Muir
a special deve- (Abbi Luz)
lopment and admi-
nistrative region subject to direct supervision of the President of the Philippines.
SEC. 2. Creation of the Metropolitan Manila Development Authority.—The af-
fairs of Metropolitan Manila shall be administered by the Metropolitan Manila Devel-
opment Authority, hereinafter referred to as the MMDA, to replace the Metro Manila
Authority (MMA) organized under Executive Order No. 392, series of 1990.
The MMDA shall perform planning, monitoring, and coordinative functions, and in
the process exercise regulatory and supervisory authority over the delivery of metro-
wide services within Metro Manila without diminution of the autonomy of the local
government units concerning purely local matters.
1027
LOCAL GOVERNANCE
SEC. 3. Scope of MMDA Services.—Metro-wide services under the jurisdiction of

the MMDA are those services which have metro-wide impact and transcend local politi-
cal boundaries or entail huge expenditures such that it would not be viable for said
services to be provided by the individual local government units (LGUs) comprising
Metropolitan Manila. These services shall include:
a. Development planning which includes the preparation of medium and long-
term development plans; the development, evaluation, and packaging of projects; in-
vestments programming; and coordination and monitoring of plan, program, and project
implementation.
b. Transport and traffic management which include the formulation, coordina-
tion, and monitoring of policies, standards, programs, and projects to rationalize the
existing transport operations, infrastructure requirements, the use of thoroughfares,
and promotion of safe and convenient movement of persons and goods; provision for the
mass transport system and the institution of a system to regulate road users; admini-
stration and implementation of all traffic enforcement operations, traffic engineering
services and traffic education programs, including the institution of a single ticketing
system in Metropolitan Manila.
c. Solid waste disposal and management which include formulation and imple-
mentation of policies, standards, programs and projects for proper and sanitary waste
disposal. It shall likewise include the establishment and operation of sanitary landfill
and related facilities and the implementation of other alternative programs intended to
reduce, reuse and recycle solid waste.
d. Flood control and sewerage management which include the formulation and
implementation of policies, standards, programs, and projects for an integrated flood
control, drainage, and sewerage system.
e. Urban renewal, zoning, and land use planning, and shelter services which in-
clude the formulation, adoption, and implementation of policies, standards, rules and
regulations, programs, and projects to rationalize and optimize urban land use and
provide direction to urban growth and expansion, the rehabilitation and development of
slum and blighted areas, the development of shelter and housing facilities and the pro-
vision of necessary social services thereof.
f. Health and sanitation, urban protection, and pollution control which include
the formulation and implementation of policies, rules and regulations, standards, pro-
grams, and projects for the promotion and safeguarding of the health and sanitation of
the region and for the enhancement of ecological balance and the prevention, control,
and abatement of environmental pollution.
g. Public safety which includes the formulation and implementation of pro-
grams and policies and procedures to achieve public safety, especially preparedness for
preventive or rescue operations during times of calamities and disasters such as confla-
grations, earthquakes, flood and tidal waves, and coordination and mobilization of re-
1028
sources and the implementation of contingency plans for the rehabilitation and relief
operations in coordination with national agencies concerned.
SEC. 4. Metro Manila Council.—The governing board and policy-making body of
the MMDA shall be the Metro Manila Council, composed of the mayors of the eight (8)
cities and nine (9) municipalities enumerated in Section 1 hereof, the president of the
Metro Manila Vice Mayors League and the president of the Metro Manila Councilors
League.
The heads of the Department of Transportation and Communications (DOTC), De-
partment of Public Works and Highways (DPWH), Department of Tourism (DOT), De-
partment of Budget and Management (DBM), Housing and Urban Development Coor-
dinating Committee (HUDCC), and Philippine National Police (PNP) or their duly au-
thorized representatives, shall attend meetings of the council as non-voting members.
The Council
shall be headed by
a chairman, who
shall be appointed
by the President
and who shall
continue to hold
office at the discre-
tion of the appoint-
ing authority. He
shall be vested
with the rank,
rights, privileges,
disqualifications,
and prohibitions of
a cabinet member.
The Chairman
shall be assisted by
a general manager,
an assistant gen-
eral manager for
“A society is defined not only by what it creates, but by what it refuses to
finance and ad-
destroy.” —John Sawhill , former president and CEO of The Na-
ministration, an
ture Conservancy
assistant general (Y. Lee)
manager for plan-
ning and assistant general manager for operation, all of whom shall be appointed by the
President with the consent and concurrence of the majority of the Council, subject to
civil service laws, rules and regulations. They shall enjoy security of tenure and may be
removed for cause in accordance with law.
1029
LOCAL GOVERNANCE
The assistant general manager for planning must have not less than five (5) years
extensive experience in development and planning or must hold a master’s degree in
urban planning or similar disciplines.
The chairman and members of the Council shall be entitled to allowance and per
diems in accordance with existing policies, rules and regulations on the matter.
SEC. 5. Functions and Powers of the Metro Manila Development Authority.—The
MMDA shall:
a. Formulate, coordinate, and regulate the implementation of medium and long-
term plans and programs for the delivery of metro-wide services, land use and physical
development within Metropolitan Manila, consistent with national development objec-
tives and priorities;
b. Prepare, coordinate, and regulate the implementation of medium-term pro-
grams for metro-wide services which shall indicate sources and uses of funds for prior-
ity programs and projects, and which shall include the packaging of projects and pres-
entation to funding institutions;
c. Undertake and manage on its own metro-wide programs and projects for the
delivery of specific services under its jurisdiction, subject to the approval of the Council.
For this purpose, MMDA can create appropriate project management offices;
d. Coordinate and monitor the implementation of such plans, programs and pro-
jects in Metro Manila; identify bottlenecks and adopt solutions to problems of imple-
mentation;
e. The MMDA shall set the policies concerning traffic in Metro Manila, and
shall coordinate and regulate the implementation of all programs and projects concern-
ing traffic management, specifically pertaining to enforcement, engineering and educa-
tion. Upon request, it shall be extended assistance and cooperation, including but not
limited to, assignment of personnel, by all other government agencies and offices con-
cerned;
f. Install and administer a single ticketing system, fix, impose and collect fines
and penalties for all kinds of violations of traffic rules and regulations, whether moving
or non-moving in nature, and confiscate and suspend or revoke drivers’ licenses in the
enforcement of such traffic laws and regulations, the provisions of Republic Act No.
4136 and Presidential Decree No. 1605 to the contrary notwithstanding. For this pur-
pose, the Authority shall enforce all traffic laws and regulations in Metro Manila,
through its traffic operation center, and may deputize members of the PNP, traffic en-
forcers of local government units, duly licensed security guards, or members of nongov-
ernmental organizations to whom may be delegated certain authority, subject to such
conditions and requirements as the Authority may impose; and
g. Perform other related functions required to achieve the objectives of the
MMDA, including the undertaking of delivery of basic services to the local government
1030
units, when deemed necessary subject to prior coordination with and consent of the
local government unit concerned.
SEC. 6. Functions of the Metro Manila Council.—
a. The Council shall be the policy-making body of the MMDA.
b. It shall approve metro-wide plans, programs and projects and issue rules and
regulations and resolutions deemed necessary by the MMDA to carry out the purposes
of this Act.
c. It may increase the rate of the allowances and per diems of the members of
the Council to be effective during the term of the succeeding Council. It shall fix the
compensation of the officers and personnel of the MMDA, and approve the annual
budget thereof for submission to the Department of Budget and Management (DBM).
d. It shall promulgate rules and regulations and set policies and standards for
metro-wide application governing the delivery of basic services, prescribe and collect
service and regulatory fees, and impose and collect fines and penalties.
SEC. 7. Functions of the Chairman.—The chairman shall:
a. Appoint, subject to civil service laws, rules and regulations, all subordinate
officers and employees, who shall enjoy security of tenure and may be removed only for
cause in accordance with law. The chairman is hereby authorized to engage the ser-
vices of experts/consultants either on full time or part-time basis, as may be required in
the performance of his functions and duties as may be determined by him;
b. Execute the policies and measures approved by the Metro Manila Council
and be responsible for the efficient and effective day-to-day management of the opera-
tions of the MMDA;
c. Prepare the annual budget for the operations of the MMDA for submission to
the Council;
d. Submit for consideration of the Council such other policies and measures as
he may deem necessary to carry out the purposes and provisions of this Act;
e. Subject to the guidelines and policies set by the Council, prepare the staffing
pattern, and fix the number of subordinate officials and employees of the MMDA; and
exercise the power to discipline subordinate officials and employees under the provi-
sions of law;
f. Prepare an annual report on the accomplishments of the MMDA at the close
of each calendar year for submission to the Council and to the President of the Philip-
pines; and
g. Perform such other duties as may be assigned to him by the President or by
the Council.
1031
LOCAL GOVERNANCE
SEC. 8. Functions of the General Manager.—The general manager shall:

a. Assist the chairman in the administration of the MMDA and supervision of
subordinate personnel;
b. Assist the chairman in the supervision of the operation of the various operat-
ing centers and units of the MMDA;
c. Assist the chairman in the review of plans and programs for the MMDA and
for Metro Manila in the preparation of the annual report of activities and accomplish-
ments of the MMDA; and
d. Perform such other duties and functions as may be lawfully delegated or as-
signed by the chairman from time to time.
SEC. 9. Institutional Linkages of the MMDA.—The MMDA shall, in carrying out
its functions, consult, coordinate and work closely with the LGUs, the National Eco-
nomic and Development Authority (NEDA) and other national government agencies
mentioned in Section 4 hereof, and accredited people’s organizations (POs), nongovern-
mental organizations (NGOs), and the private sector operating in Metro Manila. The
MMDA chairman or his authorized representative from among the Council members,
shall be ex officio member of the boards of government corporations and committees of
the department and offices of government whose activities are relevant to the objectives
and responsibilities of the MMDA which shall include but not be limited to Metropoli-
tan Waterworks and Sewerage System (MWSS), DOTC, DPWH, HUDCC, and Depart-
ment of Interior and Local Government (DILG).
The MMDA shall have a master plan that shall serve as the framework for he local
development plans of the component LGUs.
The MMDA shall submit its development plans and investment programs to the
NEDA for integration into the Medium-Term Philippine Development Plan (MTPDP)
and public investment program.
The implementation of the MMDA’s plans, programs, and projects shall be under-
taken by the LGUs, the concerned national government agencies, the POs, NGOs and
the private sector and the MMDA itself where appropriate. For this purpose, the
MMDA may enter into contracts, memoranda of agreement and other cooperative ar-
rangements with these bodies for the delivery of the required services within Metropoli-
tan Manila.
The MMDA shall, in coordination with the NEDA and the Department of Finance,
interface with the foreign assistance agencies for purposes of obtaining financing sup-
port, grants and donations in support of its programs and projects.
1032
SEC. 10. Sources of Funds and the Operating Budget of MMDA:

a. To carry out the purposes of this Act, the amount of one billion pesos
(P1,000,000,000) is hereby authorized to be appropriated for the initial operation of the
MMDA. Thereafter, the annual expenditures including capital outlays of the MMDA
shall be provided in the General Appropriations Act.
b. The MMDA shall continue to receive the Internal Revenue Allotment (IRA)
currently allocated to the present MMA.
c. The MMDA is likewise empowered to levy fines, and impose fees and charges
for various services rendered.
d. Five percent (5%) of the total annual gross revenue of the preceding year, net
of the internal revenue allotment, or each local government unit mentioned in Section 2
hereof, shall accrue and become payable monthly to the MMDA by each city or munici-
pality. In case of failure to remit the said fixed contribution, the DBM shall cause the
disbursement of the same to the MMDA chargeable against the IRA allotment of the
city or municipality concerned, the provisions of Section 286 of Republic Act No. 7160 to
the contrary notwithstanding.
SEC. 11. Transitory Provisions.—To prevent disruption in the delivery of the
basic urban services pending the full implementation of the MMDA’s organizational
structure and staffing pattern, all officials and employees of the interim MMA shall
continue to exercise their duties and functions and receive their salaries and allowances
until they shall have been given notice of change of duties and functions, and of being
transferred to another office or position.
All assets and properties presently in use or under the accountability of the in-
terim MMA and all its obligations, indebtedness, or liabilities shall be transferred to
and assumed by the MMDA created under this Act, subject to the conditions that may
be established by the Department of Budget and Management, Office of the President,
and Commission on Audit.
The civil service laws, rules and regulations pertinent to the displacement of per-
sonnel affected by this Act shall be strictly enforced. The national government shall
provide such amounts as may be necessary to pay the benefits accruing to displaced
employees at the rate of one and one-fourth (1/4) month’s salary for every year of ser-
vice: Provided, That, if qualified for retirement under existing retirement laws, said
employees may opt to receive the benefits thereunder.
SEC. 12. Repealing Clause.—Executive Order No. 392 dated January 9, 1990 is
hereby repealed. All other laws, decrees, executive orders, rules and regulations, or
parts thereof inconsistent with or contrary to the provisions of this Act are hereby re-
1033
LOCAL GOVERNANCE
SEC. 13. Separability Clause.—If any part or provision of this Act is held uncon-
stitutional or invalid, other parts or provisions thereof which are not affected shall con-
tinue to remain in full force and effect.
SEC. 14. Effectivity.—This Act shall take effect fifteen (15) days following com-
pletion of its publication in at least two (2) newspapers of general circulation.
The Present MMDA is Without Police Powers
The special law creating the MMDA did not confer upon it police powers to enact
ordinances. It can therefore not unilaterally require the opening of a road within a
private village.
Facts: Due to the horrendous traffic situation being experienced by commuters
in Makati City at that time, the MMDA sent a notice to the Bel-Air Village Association
Inc. (BAVA) to open up Neptune Street to vehicular traffic. The MMDA based its order
on Republic Act No. 7924 (the law creating the MMDA) and claimed that it has the
authority to order the opening of the street and the demolition of its perimeter walls
pursuant to its mandate to “rationalize the use of roads and/or thoroughfares for the
safe and convenient movement of person.” It also claimed that the move was a valid
exercise of its police power as enunciated by the Court in the cases of Sangalang v.
IAC, 168 SCRA 634 (1988).
BAVA opposed the move, citing the lack or absence of an ordinance mandating
the opening of Neptune Street and further claimed that the MMDA has in fact no po-
lice power to validate the move.
Issue: Can MMDA exercise police power?
Held: No. “Police power is an inherent attribute of sovereignty. It has been de-
fined as ‘the power vested by the Constitution in the legislature to make all manner of
wholesome and reasonable laws, statutes and ordinances, either with penalties or
without, not repugnant to the Constitution, as they shall judge to be for the good and
welfare of the (people).’ However, this ‘power is lodged primarily in the national legis-
lature. It cannot be exercised by any group or body of individuals not possessing legis-
lative power. The legislature may delegate this power but such bodies as agents of the
legislature ‘can exercise only such legislative powers as are conferred on them by the
national lawmaking body.’”
In this case, there is no authority given by the legislature to the MMDA to exer-
cise such powers. Republic Act No. 7924 does not contain any word or provision to that
effect. Instead the records of the House bill which created the law reveals that Con-
gress specifically intended to limit the power of the MMDA to that of being an admin-
1034
istrative body tasked with coordinating and facilitating the efficient delivery of basic
services within its jurisdiction. It was not made into a political subdivision with legis-
lative powers precisely because such a move would entail the calling of a plebiscite
under Article 10, Section XI of the Constitution and would be contrary to the Constitu-
tional mandate granting autonomy to local governments. The MMDA is therefore en-
joined from opening up Neptune Street to public vehicular traffic.
The Court also said that the predecessor of the MMDA, the Metro Manila Com-
mission (MMC), is not the same entity as the present MMDA. The law which created
the MMC (Presidential Decree No. 824) bestowed greater powers to it including powers
to tax, collect fees, appropriate money for LGUs, and more importantly, the power to
enact, approve and repeal ordinances and resolutions. The MMC fully possessed legis-
lative and police powers which the MMDA does not have.
MMDA v. Bel-Air Village Association, Inc.

G.R. No. 135962, March 27, 2000
Need for a Strong Metropolitan Government
In a knee-jerk reaction to the powers once wielded by the former Imelda R. Mar-
cos as Governor of the defunct Metro Manila Commission, the newly-minted Con-
gress convened after the fall of the Marcos government passed a ‘more democratic
law’. In effect, it emasculated the powers of the Metropolitan Government and
turned it into a mere ‘coordinative’ body without police powers. This is serious error.
All large cities and metropolitan areas must, by force of necessity, be governed by a
strong central authority (e.g., Governor of Bangkok). Without a strong leadership
from the center, the management of the component cities becomes too parcellarized,
unwieldy, and ultimately, inutile. This is the situation now prevailing in Metro Ma-
nila where even basic services such as waste and traffic management are, at best,
chaotic.
In 2003, a strong Chairman of the MMDA was appointed in the person of former
Mayor Bayani Fernando of Marikina City. Mr. Fernando has established quite a
reputation and his work in the clearing of the Marikina riverbanks, putting up of
bike lanes and other governance innovations in Marikina. Hoping to do the same
thing for Metro Manila, he was appointed MMDA Chairman by President Gloria M.
Arroyo, one of her better appointments.
Although he has done much in trying to get a handle on the solid waste man-
agement and the vehicular traffic issues, the law creating the MMDA emasculates
him from taking the needed strong police power measures. Just to clear the side
1035
LOCAL GOVERNANCE
walks of vendors or to implement vehicular reduction measures, MMDA is encounter-

ing resistance from Mayors who often coddle the squatters and unruly sidewalk ven-
dors. Worse, there are Mayors in Metro Manila, believing themselves to be lord and
masters within their respective territories, who refuse to comply or abide by the
measures and initiatives of the MMDA. Without the legal mandate to take strong
actions to instill discipline and properly manage the metropolitan area, the MMDA is
inutile and is certainly a paper tiger. In a recent instance, perhaps out of spite, a
congressman, who is a known ally of a city mayor (who does not see eye-to-eye with
the MMDA Chairman) filed a misguided bill to abolish the MMDA.
That would be tragic. Instead of abolishing the MMDA, it should be given
greater power.
“Our choices at all levels-individual, community, corporate and government-affect

nature. And they affect us.” —David Suzuki, Suzuki Foundation
(Cora Claudio)
——o0o——
1036
THE ECONOMICS OF
ECOLOGY
THE ECONOMICS OF ECOLOGY
CHAPTER CONTENTS
Medium Term Development Plan of the Philippines (2004-2010), 1048

Environmental Investment Incentives, 1050
Authorizing the Construction of Infrastructure Projects by the

Private Sector (RA 6957), 1051
Implementing Rules of the BOT Law, 1055
Small and Medium Enterprise (RA 6977), 1056
Philippine Economic Zone Authority (RA 7916), 1058
ENVIRONMENTAL USER FEE SYSTEM IN THE LAGUNA LAKE REGION

RULES AND REGULATIONS (RESOLUTION NO. 33)
CHAPTER VII: THE ECONOMICS OF ECOLOGY
Note: The Philippine Agenda 21 provides the policy framework of the country’s strat-
egy for sustainable development. Among the significant features are:
1. the realization
that Gross
Domestic
Product (GDP)
is not an accu-
rate measure
of social well-
being,
2. the realization
of the continu-
ing deteriora-
tion of the
natural and so-
cial environ-
ment,
3. a vision of
“appropriate
(not maximum)
productivity”
within the lim- “Only when we have cut down all the trees,
its of the Poisoned all the rivers and
natural Caught all the fish
environment’s Will we realize that we cannot eat money.” —Cree Indian Prophecy
carrying capac- (A. Luz)
ity,
4. redefining development as that which draws out the full human potential,
5. adoption of a policy mix of market-based instruments and command-and-control
measures as techniques to induce changes in production and consumption pat-
terns, and
6. adoption of social marketing approaches in the effort to inform, educate, and com-
municate the imperative of sustainable development to the public at large to effect
a reorientation of fundamental societal values.
1039
1
Executive Summary
Philippine Agenda 21 (PA 21) is part of the country’s response to fulfill its com-
mitments in the historic Earth Summit in 1992 where government and key sectors of
society agreed to implement an action agenda for sustainable development, known as
the Agenda 21.
Philippine Agenda 21 seeks to answer four questions:
• Where are we now?
• What is sustainable development?
• Where do we want to go?
• How do we get there?
In answer to these questions, the major stakeholders involved in the formulation
of the Philippine Agenda 21 found it necessary to seek common ground. The Principles
of Unity, forming part of this document, embodies this common ground which unites the
key actors in their pursuit of sustainable development.
Where Are We Now?
The Current and Emerging Landscape for Sustainable Development
Achieving sustainable development is a formidable task. Hence, the journey to-

wards sustainable development must be grounded on a clear understanding of the chal-
lenges, trends and opportunities that lie ahead.
Demographic Trends. The Philippines ranks as the ninth most populous country
in Asia and fourteenth in the world. The country’s population growth, if unabated, will
double to 128 million by 2025. Rapid population growth and imbalances in spatial dis-
tribution will continue if policy decision-making at all levels of governance does not
recognize the relationships among population, resources, environment and develop-
ment. The crucial role of the Filipino family in the dynamics of these relationships
should also be considered.
Cultural Trends. The inherent strengths of the Filipino culture-for example,
openness, freedom of expression, resilience, strong family orientation-continue to rein-
force social cohesion within the Philippine society. These values are also embodied in
the growing tradition of local activism. However, it has been observed that some erosion
of Filipino cultural values has taken place as manifested by, among others, the com-
modification of indigenous culture, sexual tourism, consumerism, and increasing mate-
rialism.
_______________________
1
As amended by Sec. 2, R.A. No. 7718, 5 May 1994.
1040
Science and Technology Trends. There have been many positive developments in
this area. These include the improved level of contributions of highly skilled Filipino
scientists and the growing recognition of the value of indigenous science and technology
and holistic science. On the other hand, the sector has its share of problems, such as the
“brain drain” phenomenon, unfair monopoly of intellectual property rights, increasing
use of technology as a simplistic response to complex problems, poor quality of science
education due to inadequate funding and facilities, among others.
Economic Trends. Positive economic growth rates (as measured by GDP) have
benefited certain sectors of Philippine society but do not reflect social decline and ineq-
uity nor the deterioration of the environment associated with economic growth. Despite
continued economic growth, challenges remain, which include, among others, high level
of public indebtedness, low level of savings, large deficits, remaining distortions in the
price and incentive system, rampant casualization of labor, and indiscriminate land and
ecosystem conversion.
Urbanization Trends. Difficulties in the implementation of agrarian and urban
land reform and rural development programs have contributed to unplanned and un-
controlled urbanization. Philippine cities have deteriorated as human habitats, beset
with intractable and often interrelated problems like pollution, water shortage, flood-
ing, violence, and other social ills.
Human Development Trends. Existing measures of human development indicate
some improvement over time. However, these improvements are uneven across geo-
graphical, income, gender, and ethnic groups. The development of human potential is
being affected by continuing challenges such as rampant substance abuse, breakup of
families, economic exploitations, and homelessness as evidenced by the growing number
of street children.
Environment Trends. Even with accelerating economic growth, environmental
quality is fast deteriorating as dramatized by the increased incidence of environmental
disasters and problems associated with mine tailings, deforestation, pollution, salt wa-
ter intrusion, and a host of other destructive activities. The regenerative capacities of
fragmented areas in the biogeographic zones that nurture flora, fauna, and natural
resources are severely threatened. While advances have been made in the area of biodi-
versity conservation alongside the growing awareness of the role of indigenous peoples
in maintaining the integrity of ecosystems, the Environmental Impact Assessment
system continues to be plagued with various enforcement and compliance problems.
Institutional Trends. The Philippines has strong institutional building blocks for
sustainable development, including a strong civil society, socially and environmentally
conscious business groups, community empowerment initiatives, devolution, and decen-
tralization. However, these are plagued by ineffective mechanisms for enforcement and
implementation, information inadequacies, and continuing systemic graft and corrup-
tion.
1041
Political Trends. The current wave of globalization is increasingly posing some

threat to the country’s national sovereignty. Domestically, the rich continue to dominate
political processes as evidenced by deep-seated iniquitous structures and processes. The
challenge continues for meaningful electoral reforms. Meanwhile, the Local Govern-
ment Code has reinforced the role of LGUs in development administration. Civil society,
as a countervailing force, has been engaging government at all levels.
What Is Sustainable Development?
A Conceptual Framework for Sustainable Development
The World Commission on Environment and Development (WCED), in its report

“Our Common Future” published in 1987, defines sustainable development as “meeting
the needs of the present generation without compromising the ability of the future gen-
erations to meet their own needs.”
While sustainable development derives its meaning from the global discourse, its
application must be rooted in the context of national realities and aspirations. Philip-
pine Agenda 21’s concept of development is grounded on both an image and a shared
vision of the Filipino society. It recognizes the key actors in sustainable development as
the government, business, and civil society and the functional differentiation of modern
society into three realms-economy (where the key actor is business), polity (where the
key actor is government), and culture (where the key actor is civil society). The three
realms are interacting, dynamic, and complementary components of an integral whole.
Thus, the essence of sustainable development is in the harmonious integration of a
sound and viable economy, responsible governance, social cohesion/harmony, and eco-
logical integrity to ensure that development is a life-enhancing process. The ultimate
aim of development is human development now and through future generations.
Where Do We Want to Go?
Elements of a Shared Vision
Philippine Agenda 21 envisions a better quality of life for all through the develop-
ment of a just, moral, creative, spiritual, economically vibrant, caring, diverse, yet cohe-
sive society characterized by appropriate productivity, participatory and democratic
processes, and living in harmony within the limits of the carrying capacity of nature
and the integrity of creation.
In concretizing the vision, Philippine Agenda 21 describes path of images for indi-
viduals, families, households, and communities and for each ecosystem and across eco-
systems in consideration of the interaction of the various lifescapes and landscapes
found therein.
1042
The Philippine Agenda 21 adheres to the following principles of sustainable devel-

opment:
• Primacy of Developing Human Potential
• Holistic Science and Appropriate Technology
• Cultural, Moral, and Spiritual Sensitivity
• Self-determination
• National Sovereignty
• Gender Sensitivity
• Peace, Order, and National Unity
• Social Justice, Inter and Intra-Generational and Spatial Equity
• Participatory Democracy
• Institutional Viability
• Viable, Sound, and Broadbased Economic Development
• Sustainable Population
• Ecological Soundness
• Biogeographical Equity and Community-Based Resource Management
• Global Cooperation
How Do We Get There?
Operational Framework and Action Agenda
The operational framework of Philippine Agenda 21 consists of a multilevel guide

for decision-making consisting of sustainable development criteria, parameters and
descriptors. The principles of sustainable development embodied in the vision serve as
the criteria which help define the viability of development interventions. The parame-
ters are basic policies from which the key ingredients of a sustainable development
strategy are developed. Sustainable development descriptors translate the parameters
into specific action strategies.
Operationally, sustainable development is development that draws out the full
human potential across ages and generations. It is, at the same time, ecologically
friendly, economically sound, politically empowering, socially just, spiritually liberating,
gender sensitive, based on holistic science, technologically appropriate, builds upon
Filipino values, history, culture and excellence, and rests upon strong institutional
foundations.
Philippine Agenda 21 provides a comprehensive set of economic, political, cultural,
scientific and technological, ecological, social, and institutional parameters that flow out
of the principles of sustainable development. Development is sustainable if it is fully
guided by these parameters.
1043
Philippine Agenda 21 advocates a fundamental shift in development thinking and

approach. It departs from traditional conceptual frameworks that emphasize sector-
based and macro-concerns. Philippine Agenda 21 promotes harmony and achieves sus-
tainability by emphasizing:
• A scale of intervention that is primarily area-based. The national and global pol-
icy environment builds upon and supports area-based initiatives.
• Integrated island development approaches where applicable. This recognizes
the archipelagic character of the Philippines which includes many small island prov-
inces.
• People and the integrity of nature at the center of development initiatives.
This implies the strengthening of roles, relationships, and interactions between
stakeholders in government, civil society, labor, and business. Basic sectors have an
important role to play in achieving equity and in managing the ecosystems that sustain
life.
The action agenda
of the Philippine
Agenda 21 elaborates
the mix of strategies
that integrate the SD
parameters in the coun-
try’s overall develop-
ment strategy. In for-
mulating the action
agenda, PA 21 has been
guided by the key con-
cepts of integration,
multi-stake holdership,
and consensus building
and operationalization.
PA 21 does not
duplicate but builds on
existing and ongoing “All (man-made) things are artificial, for Nature is the act of God.”
initiatives related to —Sir Thomas Browne (1605-1682)
sustainable develop- (Cecile Kotze, South African)
ment. Hence, sustain-
able development in the Philippines is the accumulation of conceptual and operational
breakthroughs generated by the Philippine Strategy for Sustainable Development,
Social Reform Agenda, and Human and Ecological Security, among others. Sustainable
development is also a product of the process itself, of engaging various stakeholders and
of working in global, national and local arenas.
1044
PA 21 is a document owned by various stakeholders in government and civil soci-

ety. Hence, the action agenda brings out the important roles of major groups and other
stakeholders in the sustainable development process.
PA 21 must be identified with doing. This implies concrete policy statements as
well as appropriate implementation strategies on the critical issues that will affect
sustainable development in the Philippines in the next thirty (30) years, including fi-
nancing and localization mechanisms.
The journey towards sustainable development involves both a transition and a
paradigm shift. PA 21, therefore, adopts a two-pronged strategy in defining and map-
ping out the action agenda:
• Creating the enabling conditions which would assist various stakeholders to
manage the transition and at the same time build their capacities towards sustainable
development; and
• Direct and proactive efforts at conserving, managing, protecting, and rehabili-
tating ecosystems through an approach that harmonizes economic, ecological, and social
goals.
Managing the transition to sustainable development calls for interventions in the
following areas:
• Integrating sustainable development in governance
• Providing enabling economic policies
• Investing in human and social capital
• Mapping out a legislative agenda
• Addressing critical and strategic concerns, to include population management,
human health, food security, human settlements, and land use
These interventions define PA 21’s action agenda across ecosystems. The action
agenda at the level of ecosystems consists of strategic and catalytic interventions cover-
ing the following ecosystems and critical resources:
Ecosystems Critical Resources
• Forest/upland ecosystem • Minerals
• Coastal and marine ecosystem • Biodiversity
• Urban ecosystem
• Freshwater ecosystem
• Lowland/agricultural ecosystem
1045
Challenge Ahead: Implementing Philippine Agenda 21
The implementation of Philippine Agenda 21 must be anchored on the basic prin-

ciple of collective choices and responsibility. Forging new partnerships and finding ar-
eas of common ground for collaborative action are central to the process of implementa-
tion as well as building and strengthening the roles and capacities of major groups and
stakeholders; a consolidated and well-coordinated effort at information, education and
communication advocacy; localization; generating financing means and strategies; and
monitoring and assessment.
Strengthening the Role of Major Groups
The identification of key players and how they interact in the whole process pro-
vide a basis for deepening the analysis and treatment of the ecosystem, and also for
defining the varying roles that various stakeholders are expected to play for achieving
sustainable development.
There are two major categories of stakeholders: basic sectors and intermediaries.
Basic sectors comprise the farmers and landless rural workers, fisherfolk, indigenous
peoples, urban poor, and other disadvantaged groups such as workers in the informal
sector, children and youth, persons with disabilities, elderly, disaster victims and over-
seas contract workers. Intermediaries are composed of formal institutions that include
the national and local government units, business and private sectors, non-government
organizations, church-based organizations, civic groups and professional associations,
mass media, and the international community.
The key roles of the major stakeholders are defined according to sectoral needs,
motivation or interest and perspectives. Intermediaries can serve as any of the follow-
ing:
a. brokers of information and appropriate technologies;
b. mobilizers of resources,
c. networkers to strengthen institutional linkages and trainers, and
d. product enhancers.
Basic sectors, on the other hand, can serve as advocates of specific issues and con-
cerns, organizers and mobilizers of community resources, culture bearers, innovators of
indigenous approaches and systems, managers and controllers of community resources.
There are common grounds within which these key actors can undertake collabo-
rative actions and interventions.
Localization
The process of localizing Philippine Agenda 21 is a vital element in mainstreaming

the action agenda at the local level. In principle, localization shall seek to emulate the
1046
following key concepts: multistake holdership and consensus building, integration and
operationalization while respecting the need to preserve the peculiarities inherent in
each locality.
The process of localization needs a structure that will ensure coordination and co-
operation among the various actors. The structure to be eventually adopted shall be left
to the discretion of the local people. Two options, though, can be identified: tapping
existing structures such as the Regional Development Council or creating a separate
structure which is a mirror image of the PCSD.
Financing Means and Strategies
The adoption of a mixture of market-based instruments and command-and-control

measures is expected to set into motion financial flows that would help achieve the
goals of PA 21. The strategy aims to help induce changes in production and consump-
tion patterns in favor of the sustainable management of the country’s resources.
Financing PA 21 will have to rely heavily on the economic sector’s ability and will-
ingness to incorporate sustainable development principles in the design of their produc-
tion systems. Market-based instruments working in tandem with the application of
beneficial and realistic environmental standards through credible enforcement of regu-
lations and sanctions could encourage companies to invest in abatement equipment.
Companies that support philanthropic activities can also be tapped by PA 21 to
channel an increasing share for sustainable development initiatives under an environ-
ment fund. Pollution charges and other forms of penalties and fines can be collected at
rates that will provide an incentive for environmental protection. PA 21 may also be
considered for inclusion in the Investment Priorities Plan to make environmental in-
vestments eligible for fiscal incentives.
Proponents of public and private investment ventures are primarily responsible
for making the needed investments for environmental rehabilitation and/or mitigation
in compliance with environmental standards. Incorporating such investments in public
sector projects can be ensured through government’s appraisal procedures.
Information, Education, and Communication Plan (IEC Plan)
The imperatives of sustainable development necessitate a reorientation in the

fundamental values of society. Hence, the formulation and implementation of a com-
prehensive information, education, and communication advocacy plan is part of the
efforts to mainstream the principles of PA 21 in the various efforts of all stakeholders.
The IEC Plan for PA 21 would involve a mix of communication strategies such as
social mobilization, advocacy, social marketing, networking, and visioning. The follow-
ing are some of the strategic messages which shall form the basis of the over-all strat-
egy:
1047
1. Sustainable development is a matter of survival.

2. The only true development is sustainable development.
3. Avoiding pollution is not necessarily avoiding profit.
4. Pollution does not pay; managing pollution pays.
5. Environmental protection is a corporate responsibility.
6. Sustainable development begins and ends with you.
Monitoring and Assessment
To effectively assess the

implementation of Philippine
Agenda 21, a comprehensive
monitoring, evaluation, and
reporting system should be
established to guide all stake-
holders to meaningfully
participate in the process of
operationalizing sustainable
development. Such a system
will also help institute broad-
based accountabilities and “The fundamental principles of ecology govern our lives
responsibility for sustainable wherever we live, and ... we must wake up to this fact or be
development among members lost.” —Karin Sheldon, environmental lawyer [1973]
of society. This system may (Y. Lee)
include the following elements:
a. a system to coordinate and evaluate the extent to which the Philippine
Agenda 21 has been adopted and implemented by all stakeholders;
b. a system to coordinate, support, and enhance existing national and local mul-
tisectoral as well as sectoral monitoring, evaluation and information exchange on the
implementation of initiatives related to Philippine Agenda 21; and (c) a system for re-
porting, giving feedback, and utilizing the monitoring and evaluation results on Philip-
pine Agenda 21 for international, national, and local stakeholder communities.
Medium Term Development Plan of the Philippines (2004-2010)
The following is an excerpt from the 2004-2010 Medium Term Philippine Devel-
opment Plan (MTPDP) adopted by the Arroyo Government.
1048
MEDIUM TERM DEVELOPMENT PLAN
OF THE PHILIPPINES (2004-2010)
CHAPTER 3
Environment and Natural Resources
The 2004-2010 Medium Term Philippine Development Plan has devoted an entire
chapter (Chapter 3) on the Philippine Environment and Natural Resources. It describes
the rich bounty of our country being blessed with so much natural resources yet also
becoming vulnerable to both man-made and natural factors. This covers the forest eco-
system and its resources, the alienable and disposable land resources, biodiversity,
coastal and marine ecosystem. It also discussed the abundant minerals that can be
found in our country yet still not maximized due to obstacles such as declining market
price and policy inconsistencies. Likewise, the regressing quality of our physical envi-
ronment was described.
The government for its part prescribed five major goals that could promote sus-
tainable resource management and alleviate poverty. These are accompanied by specific
strategies and action plans that could help address the context described. The five main
thrusts for the Philippine environment and natural resources are as follows:
Thrust No. 1: Sustainable and more productive utilization of natural resources to

promote investments and entrepreneurship
Thrust No. 2: Promote responsible mining that adheres to the principles of sus-
tainable development: economic growth, environmental protection
and social equity. Responsible mining reduces poverty and benefits
local and indigenous communities
Thrust No. 3: Focus and strengthen the protection of vulnerable and ecologically
fragile areas, especially watersheds and areas where biodiversity is
highly threatened.
Thrust No. 4: Create healthier environment for the population
Thrust No. 5: Mitigate the occurrence of natural disasters to prevent the loss of
lives and properties
--------------------------
Taking a closer look at the 2004-2010 MTPDP, one will readily see that the
MTDP’s plan for environment and natural resources development still adopts the ex-
tractive mode of economic development, and then calls it ‘environmental protection’ and
‘sustainable development’. Very good!
1049
ENVIRONMENTAL INVESTMENT INCENTIVES

INVESTMENTS PRIORITIES PLAN (IPP)
Note:
The Investment Priorities Plan is released every year by the Board of Investments.
It lists the industries and projects that qualify for fiscal incentives such as the tax holi-
days, accelerated depreciation, and others.
In order to dis-
perse industries (and
whatever economic be-
nefit derived there-
from), as well as to de-
congest heavy popula-
tion centers, a policy of
dispersal is pursued.
Under the 2005
INVESTMENT PRIO-
RITIES PLAN (IPP)
certain environment-
friendly industries are
given priority for in-
vestments such as,
among others, facilities
of ecological waste ma- “I would feel more optimistic about a bright future for man if he
nagement, tree plant- spent less time proving that he can outwit Nature and more time
tasting her sweetness and respecting her seniority.” — Elwyn
ing, etc.
Brooks White
For the full list, (Cecille Kotze, Chocolate Hills - Bohol)
please see <http://
www.boi.gov.ph/incentives.html>

Note:
Some of the social investments needed for environmental protection or rehabilitation
need costly infrastructural works, e.g., sewage treatment, mass/rail transit systems, etc.
Inasmuch as government may not be in a position to cover the cost of the needed
works, the BOT law allows the private sector to finance, build and operate said works
and collect a “user” fee from the using or consuming public.
The following is the Philippine BOT laws. Note that under its implementing rules,
railways, waterways, transport systems, as well as sewerage, solid waste management
systems, composting plants and the like are among the projects qualified under the
BOT financing scheme.
1050
AUTHORIZING THE CONSTRUCTION OF INFRASTRUCTURE
PROJECTS BY THE PRIVATE SECTOR
Authorizing the Construction of Infrastructure Projects

2
by the Private Sector (Republic Act 6957)
3
SECTION 1. Declaration of Policy.—It is the declared policy of the State to rec-
ognize the indispensable role of the private sector as the main engine for national
growth and development and provide the most appropriate favorable incentives to mobi-
lize private resources for the purpose.
4
SEC. 2. De-
finition of Terms.—
The following terms
use in this Act shall
have the meanings
stated below.
a. Build-
operate-and-transfer
scheme—A contrac-
tual arrangement
whereby the con-
tractor undertakes
the construction,
including financing,
of a given infra-
structure facility,
and the operation
and maintenance
thereof. The con-
tractor operates the
facility over a fixed
term during which “The best friend of earth of man is the tree. When we use the tree respect-
it is allowed to fully and economically, we have one of the greatest resources on the
charge facility users earth.” —Frank Lloyd Wright, world-renowned architect
appropriates tolls, (A. Oposa)
fees, rentals, and
charges sufficient to enable the contractor to recover its operating and maintenance
expenses and its investment in the project plus a reasonable rate of return thereon. The
contractor transfer the facility to the government agency or local government unit con-
_______________________
2
This is currently being reviewed by the BOT Law IRR Committee to boost the implemen-
tation of government infrastructure projects as envisioned in the ten-point agenda of the incum-
bent administration.
3
As amended by R.A. No. 8289, 6 May 1997.
4
D. Zaelke, D. Hunter & J. Salzman, International Environmental Law and Policy; New
York Foundation Press, p. 325-326, 1998.
1051
cerned at the end of the fixed term which shall not exceed fifty (50) years. For the con-
struction stage, the contractor may obtain financing from foreign and/or domestic
source and/or engage the service of a foreign and/or Filipino constructor: Provided, That
the ownership structure of the contractor of an infrastructure facility whose operation
requires a public utility franchise must be in accordance with the Constitution: Pro-
vided, however, That, in the case of corporate investors in the build-operate-and-
transfer corporation, the citizenship of each stockholder in the corporate investors shall
be the basis of the computation of the Filipino equity in the said corporation: Provided,
further, That in the case of foreign constructors, Filipino labor shall be employed or
hired in the different phases of construction where Filipino skills are available: Pro-
vided, furthermore, That the financing of a foreign or foreign-controlled constructor
from Philippine government financing institution shall not exceed twenty percent (20%)
of the total cost of the infrastructure facility or project: Provided, finally, That financing
from foreign sources shall not require a guarantee by the Government or by the gov-
ernment-owned or controlled corporations. The build-operate-and-transfer scheme shall
include a supply-and-operate situation which is a contractual arrangement whereby the
supplier of equipment and machinery for a given infrastructure facility, if the interest of
the Government so requires, operates the facility providing in the process technology
transfer and training to Filipino nationals.
b. Build-and-transfer scheme—A contractual arrangement whereby the contrac-
tor undertakes the construction including financing, of a given infrastructure facility,
and its turnover after completion to the government agency or local government unit
concerned which shall pay the contractor its total investment expended on the project,
plus a reasonable rate of return thereon. This arrangement may be employed in the
construction of any infrastructure project including critical facilities, which, for security
or strategic reasons, must be operated directly by the Government.
SEC. 3. Private Initiative in Infrastructure.—All concerned infrastructure agen-
cies, including government- owned and controlled corporations and local government
units, are hereby authorized to enter into contract with any duly prequalified private
contractor for the financing, construction, operation and maintenance of any financially
viable infrastructure facilities through the build- operate-and-transfer or build-and-
transfer scheme, subject to the terms and conditions hereinafter set forth.
SEC. 4. Priority Projects.—All concerned infrastructure agencies, including gov-
ernment units, shall include in their infrastructure programs those priority projects
that may be financed, constructed, operated and maintained by the private sector under
the provisions of this Act. It shall be the duty of all concerned infrastructure agencies to
give wide publicity to all projects eligible for financing under this Act, including publi-
cation in national newspaper of general circulation once every six (6) months and offi-
cial notification of contractors registered with them. The lists of all such national pro-
jects must be part of the medium term infrastructure programs of the agencies con-
cerned and must be duly approved by Congress. Local projects funded and implemented
1052
by the local government units concerned shall be submitted to the local development
councils for confirmation or approval.
SEC. 5. Public Bidding of Projects.—Upon approval of the projects mentioned in
Section 4 of this Act, the concerned head of the infrastructure agency or local govern-
ment unit shall forth with cause to be published, once every week for three(3) consecu-
tive weeks, in at least one (1) local newspaper which is circulated in the region, prov-
ince, city or municipality in which the project is to be constructed a notice inviting all
duly prequalified infrastructure contractor to participate in a public bidding for the
projects so approved. In case of a build-operate-and-transfer arrangement, the contract
shall be awarded to the lowest complying bidder based on the present value of its pro-
posed tolls, fees, rentals, and charges over a fixed term for the facility to be constructed,
operated, and maintained according to the prescribed minimum design and perform-
ance standards, plans, and specifications. For this purpose, the winning contractor shall
be automatically granted by the infrastructure agency or local government unit the
franchise to operate and maintain the facility, including the collection of tolls, fees,
rentals, and charges in accordance with section 6 hereof.
In case of a build-and-transfer arrangement, the contract shall be awarded to the
lowest complying bidder based on the present value of its proposed schedule of amorti-
zation payments for the facility to be constructed according to the prescribed minimum
design and performance standards plans and specification: Provided, however, That a
Filipino constructor who submits an equally advantageous bid shall be given prefer-
ence.
A copy of each build-operate-and-transfer or build-and-transfer contract shall
forthwith be submitted to Congress for its information.
SEC. 6. Repayment Scheme.—For the financing, construction, operation, and
maintenance of any infrastructure project undertaken pursuant to the provisions of this
Act, the constructor shall be entitled to a reasonable return of its investment and oper-
ating and maintenance costs in accordance with its bid proposal as accepted be the
concerned contracting infrastructure agency or local government unit and incorporated
in the contract’s terms and conditions. In the case of a build-operate-and-transfer ar-
rangement, this repayment scheme is to be affected by authorizing the contractor to
charge for the use of the project facility not exceeding those proposed in the bid and
incorporated in the contract: Provided, That the government infrastructure agency or
local government unit concerned shall approve the fairness and equity of the tolls, fees,
rentals and charges except in case of tolls for national highways, roads, bridges and
public thoroughfares which shall be approved by the Toll regulatory Board: Provided,
further, That the imposition and collection of tolls, fees, rentals and charges shall be for
a fixed term as proposed in the bid and incorporated in the contract but in no case shall
this term exceed fifty (50) years: Provided, finally, That during the lifetime of the fran-
chise, the contractor shall undertake the necessary maintenance and repair of the facil-
ity in accordance with standards prescribed in the bidding documents and in the con-
tract. In the case of a build-and transfer arrangements, the repayment scheme is to be
1053
affected through amortization payments by the government unit concerned to the con-
tractor according to the scheme proposed in the bid and incorporated in the contract.
In the case of land reclamation or the building of industrial estates, the repayment
scheme may consist of the grant of a portion of percentage of the reclaimed land or in-
dustrial estate built, subject to the constitutional requirements with respect to the own-
ership of lands.
SEC. 7. Contract Termination and Adjustment.—In the event that a project is
revoked, cancelled or terminated by the Government, through no fault of the contractor
or by mutual agreement, the government shall compensate the said contractor for its
actual expenses incurred in the project plus a reasonable rate of return thereon not
exceeding that stated in the bidding documents and in the contract as of the date of
such revocation, cancellation or termination: Provided, That the interest of the Gov-
ernment in these instances shall be duly insured with the Government Insurance sys-
tem or any other insurance entity duly accredited by the Office of the Insurance Com-
missioner: Provided, finally, That, the cost of the insurance coverage shall be included
in the terms and conditions of the bidding referred to above. The tolls, fees, rentals and
charges on the facility are subject to adjustment according to a formula related to offi-
cial government price indices which shall be defined before the bidding, through the
bidding documents, and, and incorporated in contract.
SEC. 8. Toll Regulatory Board.—The toll Regulatory Board is hereby attached to
the Department of Public Works and Highways with the Secretary of Public Works and
Highways as Chairman.
SEC. 9. Project Supervision.—Every infrastructure project undertaken under
the provisions of this Act shall be constructed, operated, and maintained by the contrac-
tor concerned in accordance with the plans, specifications, standards, and costs ap-
proved by the concerned government infrastructure agency and under the technical
supervision of the said agency.
SEC. 10. Implementing Rules and Regulations.—A committee composed of rep-
resentatives from the Department of Public Works and Highways, the Department of
Finance, the Department of Local Government, the National Economic and Develop-
ment Authority, and duly accredited organizations representing the private Philippine
construction industry shall formulate and prescribe, after public hearing and publica-
tion as required by law, the implementing rules and regulations, including, among oth-
ers, the criteria and guidelines for evaluation of bid proposals, provisions to subject the
facility collections to audit by the Commission on Audit, and conditions for the cancella-
tion of contracts, in order to carry out the provisions of this Act.
SEC. 11. Repealing Clause.—All laws or parts of any law inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.
SEC. 12. Separability Clause.—If any provision of this Act is held invalid, the
other provisions not affected thereby shall continue in operation.
1054
cation in at least two (2) newspaper of general circulation.
This Act which is a consolidation of House Bill No. 19440 and Senate Bill No. 1285
was finally passed by the House of Representatives and the Senate on June 7, 1990.
5
Implementing Rules of the BOT Law
Rule 2 — General Provision
SEC. 2.1. Authorized Contracting Government Agencies/Units.—The following

are authorized to enter into contractual arrangements authorized under the Act and
these IRR:
a. all concerned government agencies, including government-owned or con-
trolled corporations, authorized by law or their respective charters to undertake infra-
structure and/or development projects.
b. LGUs authorized by law or their charters to undertake infrastructure and/or
development projects within their respective jurisdiction.
SEC. 2.2. Eligible Types of Projects.—The construction, rehabilitation, improve-
ment, betterment, expansion, modernization, operation, financing and maintenance of
the following types of projects, including other infrastructure and development projects
as may be authorized by the appropriate agencies, may be prosecuted under the provi-
sions of the Act and these IRR:
a. Highways, including expressway, roads, bridges, interchanges, tunnels, and
related facilities;
b. Railways or rail-based projects packaged with commercial development op-
portunities;
c. Non-rail based mass transit facilities, navigable inland waterways and re-
lated facilities;
j. Water supply, sewerage, drainage, and related facilities;
r. Environmental and solid waste management related facilities such as collec-
tion equipment, composting plants, incinerators, landfill and tidal barriers, among
others.
Importance of SMEs to Environmental Enterprise
Most of the businesses in the Philippines belong to the category of the small and
medium scale industries. Many are either too small to bother with environmental con-
_______________________
5
DENR, A Guide to International Environmental Conventions and Agreements, November
1997. Use of the book as the main pattern of this section is gratefully acknowledged.
1055
siderations. But these are the businesses that have a great impact on the environment
and must therefore be co-opted by environmentalists and by the government. Also, if
Government is to push for environment-friendly enterprises, the manner by which they
will be formed is along the lines of SMEs.
6
Small and Medium Enterprise (Republic Act No. 6977)
Small and Medium Enterprise Development (SMED) Council
Chapter I
SECTION 1. Title.—
This Act shall be known as
the “Magna Carta for Small
Enterprises.”
SEC. 2. Declaration
of Policy.—Recognizing that
small and medium-scale
enterprises have the poten-
tial for more employment
generation and economic
growth and therefore can
help provide a self-
sufficient industrial founda-
tion for the country, it is
hereby declared the policy
of the State to promote,
support, strengthen and
“Man has lost the capacity to foresee and to forestall. He will
encourage the growth and end by destroying the earth.” — Albert Schweitzer
development of small and
(A. Oposa)
medium enterprises in all
productive sectors of the economy particularly rural/agri-based enterprises. To this end,
the Senate shall undertake the spur for the growth and development of small and me-
dium enterprises throughout the country and thereby attain countryside industrializa-
tion:
a. by assuring, through the establishment of adequate support structure, and
the creation and promotion of an environment conducive to the viability of these enter-
prises, establishment of mechanisms, the access and transfer of appropriate technology
needed by small and medium enterprises;
_______________________
6
The Protocol has since been revised and adjusted as to its schedules, funding and other as-
pects.
1056
SMALL AND MEDIUM ENTERPRISE
b. by intensifying and expanding programs for training in entrepreneurship and

for skills development for labor;
c. by facilitating their access to sources of funds;
d. by assuring them access to a fair share of government contracts and related
incentives and preferences;
e. by complementing
and supplementing financing
programs for small and me-
dium enterprises and doing
away with stringent and
burdensome collateral re-
quirements that small entre-
preneurs invariably find
extreme difficulty complying
with;
f. by instituting safe-
guards for the protection and
stability of the credit de-
livery system;
g. by raising gov-
ernment efficiency and effec-
tiveness in providing assis-
tance to small and medium
enterprises throughout the
country, at the least cost;
j. by promoting link-
ages between large and small
“We do not inherit this land from our ancestors; we borrow it enterprises, and by encourag-
from our children.” — Haida Indian saying ing the establishment of com-
(A. Oposa) mon service facilities;
k. by making the private sector a partner in the task of building up small and
medium enterprises through the promotion and participation of private voluntary or-
ganizations, viable industry associations, and cooperatives; and
l. by assuring a balanced and sustainable development through the establish-
ment of a feedback and evaluation mechanism that will monitor the economic contribu-
tions as well as bottlenecks and environmental effects of the development of small and
medium-scale enterprises.
(Subsequent provisions are omitted for irrelevance to the environment.)
1057
Industrialization and Economic Zones
One of the strategies by which the Philippine government seeks to achieve eco-
nomic development and promote employment is to carve out special economic zones.
These are areas where industrial establishments are concentrated and special rules
apply as far as customs’ duties and internal revenue taxes are concerned.
From the point of view of land use, zoning, and environmental protection, the ag-
glomeration of industrial establishments in one area presents both advantages and
disadvantages.
The obvious advantages are that a) common environmental facilities may be estab-
lished and operated to service the firms within the zone, and b) industrial establish-
ments are not scattered around the host municipality or city.
The disadvantage is, of course, the intensive and immediate concentration of hu-
man activity in a single area, thereby intensifying the collateral environmental and
social stresses such as, water requirements and the solid and liquid waste disposal
problems. The sudden and massive influx of people into the area also breaks up what-
ever sense of community had prevailed therein.
A deeper question may also be raised as to the fundamental premise of these spe-
cial economic zones. A large majority of the establishments found in the area are noth-
ing more than assembly or “repacking” plants, processing textile into apparel with fa-
mous brands, or assembling imported parts into an equipment (or a part thereof).
The premise that these economic zones operate upon is the fact that the Philip-
pines has a store of cheap labor. But then a country that prides itself on and sells its
labor cheaply ensures that the labor force will continue to be at the lowest possible
level. But even then, the fallacy of cheap labor has been exposed even more by the
emergence of China, with its abundant manpower available at wages of US$1.00 per
day.
Be that as it may, what is emphasized in this section is the provision in the law
authorizing the creation of special economic zones that directs the protection of the local
environment.
Philippine Economic Zone Authority (Republic Act 7916, 1995)
SEC. 33. Protection of Environment.—The PEZA, in coordination with the ap-

propriate agencies, shall take concrete and appropriate steps and enact the proper
measures for the protection of the local environment.
1058
ENVIRONMENTAL USER FEE SYSTEM IN THE LAGUNA
LAKE REGION RULES AND REGULATIONS
Environmental User Fee System in the Laguna Lake Region
Rules and Regulations (Resolution No. 33, 1996)

APPROVING THE RULES AND REGULATIONS IMPLEMENTING THE ENVIRON-
MENTAL USER FEE SYSTEM IN THE LAGUNA DE BAY REGION
WHEREAS, Republic Act No. 4850, as amended, empowers the Laguna Lake De-
velopment Authority to issue such rules and regulations as may be necessary to effec-
tively carry out its mandated functions and purposes;
WHEREAS, the Environmental User Fee System was approved, under Board
Resolution No.
25, Series of
1996, for imple-
mentation in the
Laguna de Bay
Region to en-
hance the lake’s
water quality by
providing the
lake users with
an incentive to
reduce pollution
and allocate
their prevention
and abatement
resources effi-
ciently;
WHEREAS, “Because we don't think about future generations, they will never forget us.”
— Henrik Tikkanen
for the proper
(A. Oposa)
and effective im-
plementation of the aforementioned system, the Laguna Lake Development Authority
has formulated the Rules and Regulations Implementing the Environmental User Fee
System;
NOW, THEREFORE, foregoing premises considered and pursuant to the provi-
sions of Republic Act No. 4850, as amended by Presidential Decree No. 813, Executive
Order No. 927 and Presidential Decree No. 984, BE IT RESOLVED, as it is hereby
RESOLVED, to adopt the following Rules and Regulations Implementing the Environ-
mental User Fee System in the Laguna de Bay Region:
1059
ARTICLE I
General Provisions
SECTION 1. Title.—These rules and regulations shall be known as the “Rules

and Regulations Implementing the Environmental User Fee System in the Laguna de
Bay Region”.
SEC. 2. Objective.—In order to make environmental efforts more effective, a
market-based policy instrument in the form of a user fee will be implemented to com-
plement the existing regulatory mechanisms. This environmental user fee system is
primarily aimed at reducing the pollution loading into the Laguna de Bay by enjoining
all dischargers of liquid waste to internalize the cost of environmental degradation and
enhancement into their business decisions or actions.
SEC. 3. Scope.—These rules and regulations shall apply to all development pro-
jects, installations and activities that discharge liquid waste into and pose a threat to
the environment of the Laguna de Bay Region which covers industrial, commercial,
domestic and agricultural sources. These rules shall govern the administration of dis-
charge permits that are based on an assessment of fees or charges on industrial and/or
municipal effluents, including their application, issuance conditions, modifications,
sanctions and enforcement.
SEC. 4. Definitions.—When used in these rules and regulations, the following
terms and phrases shall have the indicated meanings unless clearly stated otherwise:
a. “Authority”— refers to the Laguna Lake Development Authority.
b. “Concentration” — is the amount of substance or pollutant in given volume of
water or wastewater commonly expressed as milligram per liter (mg/L).
c. “Discharge Permit” — is a clearance or legal authorization granted by the Au-
thority to discharge liquid waste or wastewater of specified concentration and volume
into any sewer system or any water body that directly or eventually drains into the
Laguna de Bay for a specified period of time.
d. “Effluent” — is a general term denoting any wastewater, partially or com-
pletely treated, or in its natural raw state or liquid waste flowing out through a pipe or
a single outlet structure from a manufacturing /industrial plant or wastewater treat-
ment plant.
e. “Fixed Fee” — is a component of the user fee that will be charged to each dis-
charger to cover the cost of administering the program and which will be based on
volumetric rate of discharge.
f. “Liquid Waste” — is a waste in liquid state that comprises the waste sub-
stance and /or in combination with water.
g. “Loading” — is the amount of pollutant being discharged which is actually
the product of the effluent quality or concentration and the volumetric rate of discharge.
1060
h. “Pollution Control Officer” or PCO — is an officer of the plant or establish-

ment that provides linkage between the Authority and the permit holder or discharger
and who possesses the qualifications as PCO and is duly accredited by the Authority.
i. “Surcharge” — is the amount of fee charged on top of the assessed user fee
due to misdeclaration of the applicant during the filing of the application for a Dis-
charge Permit or due to late payments of fees.
j. “User Fee” — is a fee levied on the dischargers for the use of the lake or its
tributary rivers and streams for waste disposal purposes according to each unit of dis-
charge.
k. “Variable Fee” — is a component of the user fee that will depend on the
strength or concentration of the discharge.
l. “Volumetric Rate of Discharge” — is the rate at which the effluent is dis-
charged which is usually expressed in cubic meters per day.
ARTICLE II
Discharge Permit
SEC. 5. Requisites for Discharge Permit.—Any person who shall discharge, in

any manner, liquid waste into the Laguna de Bay Region shall secure a discharge per-
mit from the Authority. Such person shall file an application using the prescribed
forms, under oath by the Chief Executive Officer or his duly authorized representative,
in two (2) copies and supported by the official receipt of the filing fee and by such docu-
ments, information and data as may be required by the Authority, including but not
limited to the following:
a. A copy of the applicant’s LLDA Clearance;
b. Engineer’s Report containing such information as the declaration of produc-
tion capacity stating the quantity or volume and the generic name(s) of product(s), the
nature and character of applicant’s waste, its chemical composition, total daily volume
of discharge of raw waste, treatment process and estimated treatment efficiency, if
available, and the total daily volume of water consumption and discharge of finally
treated waste or effluent. Such engineer’s report shall be signed by a licensed engineer;
c. Statement of the final cost incurred in the installation of the pollution control
device, if any, and its annual maintenance costs;
d. A copy of the Certificate of Accreditation of the Pollution Control Officer duly
issued by the Authority, or appointment/designation as such by the Chief Executive
Officer;
e. Payment of the User Fees as assessed by the Authority;
f. Other documents as may be required by the Authority.
1061
In case of any written opposition to the application for such permit, the Authority
may conduct a public hearing on the said application, provided that, the discharge per-
mit may only be issued after the conduct of a public hearing, upon compliance by the
proponent of the conditions of the permit and submission of a performance bond or any
guarantee which will answer for any future environmental damage.
SEC. 6. Processing of Application for Discharge Permit.—The application for
discharge permit shall be processed after all the above requirements shall have been
duly complied with and submitted to the Authority and the filing fee therefore duly
paid. The filing fee is in the amount of P1,150.00, adjustable every year.
The Authority shall, within thirty (30) days from receipt of all the requirements
cited in these Rules and Regulations, act on the application for a discharge permit ei-
ther by issuing the corresponding permit upon showing of compliance with the require-
ments or by denying the application in writing stating the reason or reasons thereof.
SEC. 7. Approval and Issuance of Discharge Permit.—The discharge permit
shall be issued subject to such conditions as the Authority may impose including, but
not limited to:
a. Payment of user fees for the use of the lake or its tributary rivers and
streams as a receiving water body for wastewater discharges;
b. Compliance to water quality standards; and
c. Monitoring and data collection requirements which will inform the Authority
regarding the dynamic condition of the lake, and will form the basis for future permit
modifications.
Failure to pay the user fee for any year or period shall be a sufficient ground for
the revocation of the permit. Arrears shall be paid in full before a new permit is issued
unless the Authority considers payment on installment upon application of the dis-
charger.
SEC. 8. Assessment of User Fees.—The total annual user fees of a permit appli-
cant or discharger for the current year shall be assessed based on the data provided by
the applicant in the application form and previous year’s self-monitoring reports, if any,
the Industrial Effluent Guide, and other data available at the Authority. For subse-
quent years, surcharge or credit will be applied depending on the accuracy of previous
year’s assessment or actual discharge characteristics.
SEC. 9. Surcharges and Credits on Annual User Fees.—In the event that actual
discharge loadings are greater than those allowed the Authority shall impose sur-
charges upon renewal of the discharge permit equivalent to the excess loading times the
applicable user fee rates plus five (5) percent of this amount per month. On the other
hand, if the actual discharge loadings are less than those allowed, the permit holder
shall be entitled to a refund or credit of a portion of the variable fee corresponding to
the reduced loading. The allowable exceedance must be within 20 percent of the allow-
1062
able discharge loading as specified in the permit and must not be more than two (2)
consecutive periods or quarters.
In case actual discharge conditions in terms of loadings and duration are in excess
than what are allowed in the preceding paragraph, the Authority shall suspend or re-
voke the permit, and/or impose other sanctions as provided for by these Rules and
Regulations, as the case maybe.
Any surcharge or credit will be determined upon renewal of the permit and shall
be incorporated into the permit fee assessment for the coming year.
SEC. 10. Payment Scheme.—The variable component of the user fee maybe paid
in full or in equal quarterly installments. Full payment made within fifteen (15) days
after release of assessment at the time of filing shall be entitled to a twenty (20) percent
discount. Late payment of quarterly installments shall be imposed a five (5) percent per
month surcharge without prejudice to the imposition of other fines and penalties.
Schedule of quarterly payments shall be specified in the Discharge Permit.
SEC. 11. Disapproval of Application for Discharge Permit.—In case the applica-
tion is disapproved, a petition for reconsideration may be filed within ten (10) days from
receipt of written notice of such disapproval. The petition shall be decided upon by the
Authority within fifteen (15) days from the date of filing. The decision of the Authority
on the said application shall become final and executory.
SEC. 12. Appeals.—The decision of the Authority approving or disapproving ap-
plications for discharge permit may be appealed to the Secretary of the Department of
Environment and Natural Resources(DENR) within fifteen (15) days from receipt of
written notice of such decision. Said appeal shall not stay the execution of the decision
of the Authority unless ordered otherwise by the Secretary of the DENR.
SEC. 13. Renewal of the Discharge Permit.—The discharge permit may be re-
newed by filing an application for renewal in two (2) copies on forms prescribed by the
Authority at least thirty (30) days before its date of expiration and accompanied by a
filing fee in accordance with the Schedule of Fees. The application shall be executed
under oath by the Chief Executive Officer/owner/ operator or his/her duly authorized
representative. The renewal application shall not be entertained unless and until all
previously assessed user fees or pollution charges shall have been paid in accordance
with the approved payment scheme, and the owner or operator shall have complied with
all other previously imposed conditions.
Failure to renew during the specified period shall be subject to the penalties under
Section 32 of these Rules and Regulations.
SEC. 14. Grounds for Suspension/Revocation of Permits.—After due notice and
hearing, the Authority may suspend or revoke any permit issued under these rules on
any of the following grounds:
1063
a. Non-compliance with, or violation of any provisions of R.A. 4850 as amended,

P.D. 984 or its implementing rules and regulations particularly the water quality stan-
dards, these Rules and Regulations, and/or permit conditions;
b. False or inaccurate information stated in the application for permit which led
the Authority to issue the permit;
c. Refusal to allow lawful inspections;
d. Non-payment of user fees due in accordance with the schedule of fees and
payment scheme as provided for under these rules and/or permit conditions;
e. Other lawful and valid causes as provided for in these rules and regulations.
SEC. 15. Effect of Disapproval of Application or Suspension or Revocation of
Discharge Permit.—Disapproved applications or suspended or revoked discharge per-
mits shall not grant any right or privilege to the applicant or former permit holder to
discharge its liquid waste into the environment. If the applicant proceeds to discharge
despite disapproval of application or suspension/revocation of discharge permit, the
Authority shall immediately issue an Ex-parte Cease and Desist Order directing the
discharger to discontinue from further discharging its liquid waste into the lake or its
tributary rivers, or stoppage of discharger’s operations, and impose the fines and penal-
ties at the existing rate applicable and provided for by law, without prejudice to crimi-
nal prosecution under RA No.4850, PD 813, EO 927, and PD 984, and other applicable
laws.
SEC. 16. Posting of Permit.—The permit holder shall display its permit within
the premises of the plant or installation or in a conspicuous place preferably at the main
gate of the establishment in close proximity to the company/plant name and in such
manner as to be clearly visible and accessible to the public.
SEC. 17. Transfer of Permit.—The discharge permit shall be non-transferable.
In case of sale or transfer of ownership or control of the installation and/or facilities the
transferee shall notify the Authority of the fact of transfer providing the name and
address of the transferee and attaching the document evidencing the transfer and file
an application for transfer of the permit in his name.
SEC. 18. Life and General Conditions of Discharge Permit.—A discharge permit
is valid for the period specified therein, for a normal period of one (1)year from the date
of issuance, unless for a limited period or suspended sooner or revoked.
A suspended or revoked permit maybe re-issued during the original life of the
permit only after the permit holder has fully complied with the water quality standards,
these Rules and Regulations, permit conditions, and/or payment of fees, fines, penalties
and damages to the Authority and to the affected party. The reinstated permit shall
expire according to its original expiry date.
1064
ARTICLE III
Monitoring
SEC. 19. Self-

Monitoring Reports.—
The Authority shall
require the permit
holder or discharger to
submit a quarterly self-
monitoring report on
prescribed form under
oath before a Notary
Public signed by the
Chief Executive Officer
and the Pollution
Control Officer. The
report shall contain
specifically the quality
and quantity of wastes
discharged daily or
periodically, as the case
may be, the charac- “Men are naturally most impressed by diseases which have obvi-
terization and laboratory ous manifestations, yet some of their worst enemies creep on them
analyses conducted unobtrusively.”—Dr. René Dubos, as quoted by Rachel Car-
preferably by a duly son in “Silent Spring”
licensed and accredited (Digital Vision)
laboratory of the Authority, and such other material information the Authority may
require from the discharger.
The self-monitoring report shall be submitted to the Authority within five (5) days
after every end of the quarter or period allowed under the discharge permit.
SEC. 20. Plant Operational Problems.—In the event that the permit holder is
temporarily unable to comply with any of the conditions of the permit due to a break-
down of the installation covered by the permit or for any cause, he/she or his/her Pollu-
tion Control Officer shall notify the Authority within twenty four (24) hours of such fact
and its cause/or causes and likewise the remedial steps to contain or solve the problem
and to prevent its recurrence; including the details of any plan toward reconstruction or
repair/rehabilitation or upgrading of such installation.
SEC. 21. Compliance Monitoring Protocols.—The Authority shall subject permit
holders to periodic monitoring inspections. The permit holder shall ensure that all facil-
ity-related documents (maps, diagrams, permits, manufacturing process documenta-
tions, etc.) and facility employees are available during monitoring activities.
1065
The Authority shall inspect the establishment, plant or facility and the treatment
facilities of the permit holder or discharger at anytime to determine compliance with
the water quality standards, rules and regulations and permit conditions. The water
quality parameters relevant to the plant operation and type of industry shall be deter-
mined at least once a year. Parameters that serve the basis of the user fee maybe de-
termined more than once a year.
SEC. 22. Access to Premises.—The permit holder shall provide immediate, safe
and adequate access to authorized representatives of the Authority or inspectors after
showing the proper LLDA Inspector’s ID admission order.
ARTICLE IV
User Fees for Liquid Waste Discharges
SEC. 23. User Fees.—A user fee shall be assessed for any discharger that makes
use of the lake or its tributary rivers and streams for the purpose of disposing liquid
waste or waste water. It shall be comprised of the fixed fee based on the volumetric rate
of discharge and the variable fee, which will be based on the unit load of pollution. The
user fee shall be the total of the fixed fee and the variable fee.
The user fee shall form part of the requirements of the Authority in adjudicating
pollution cases.
SEC. 24. Schedule of Fixed Fees.—The fixed fee will cover the cost of the pro-
gram administration and will be dependent on the volumetric rate of discharge and
according to the following schedule:
Volumetric Rate of Discharge Fixed Fee
Within 30 cu.m./day 5,000
More than 30 but less than 150 cu.m./day 10,000
More than 150 cu.m./day 15,000
SEC. 25. Schedule of the Variable Fees.—The variable fee will be assessed based
on the unit load of pollution which is computed as the product of the volumetric rate of
discharge and the effluent concentration. The following schedule of the variable fee
shall apply:
Effluent Concentration Variable Fee
Within 50 mg/L BOD 5.00 per kg BOD
Above 50 mg/L BOD 30.00 per kg BOD
1066
The user fee rates for other water quality parameters that will eventually be cov-
ered by the system shall be determined by the Authority and approved by the Board of
Directors.
SEC. 26. Adjustment of Fee Rates.—The user fees maybe adjusted from time to
time but not within the year of latest adjustment to reflect desired environmental objec-
tives and updated targets in the reduction of pollution loadings. Any change in the user
fee rates shall be subject to the approval of the Board of Directors.
ARTICLE V
Prohibitions
SEC. 27. General Prohibitions.—

a. No person, natural or juridical, government office/agency, or public corpora-
tion shall undertake development program and/or project within the Laguna de Bay
Region without first securing clearance from the Authority.
b. No person, natural or juridical, shall throw, run, drain or otherwise dispose
into any of the water and/or land resources of the Laguna de Bay Region, or cause, per-
mit, suffer to be thrown, run, drain, allow to seep, or otherwise dispose thereto, any
organic or inorganic matter or any substance in liquid form that shall cause pollution
thereof.
c. No person shall dispose of toxic and/or hazardous wastes without first secur-
ing a written authorization from the Authority.
SEC. 28. Specific Prohibitions.—No person, natural or juridical, shall perform,
cause or undertake any of the following activities without first securing a permit from
the Authority:
a. The increase in volume or strength of any wastes in excess of the permitted
discharge specified under any existing permit; and
b. The construction or use of any outlet or unauthorized by-pass channels for
the discharge of any untreated waste, gaseous, liquid or solid, directly into the water
and/or land resources of the Laguna de Bay Region.
SEC. 29. Other Prohibitions.—These acts are likewise prohibited under these
rules and regulations:
a. Willful violation of an order or decision duly promulgated by the Authority;
b. Refusing, obstructing or preventing the entry of authorized representatives of
the Authority into any property devoted to industrial, manufacturing, processing or
commercial use for the purpose of inspecting or investigating to determine compliance
of the project with the Authority’s program and/or the conditions therein relating to
pollution or possible or eminent pollution; and
1067
c. Misconduct in the presence of the General Manager or any of the duly consti-
tuted Public Hearing Committee during inquiries, investigations and proceedings being
conducted, or so near them as to seriously interrupt any hearing or session or any pro-
ceeding, or any person who willfully fails or refuses, without just cause, to comply with
summons, subpoenas, subpoena duces tecum issued by the General Manager or by the
duly designated Hearing Committee or, being present at a hearing, session or investiga-
tion, refuses to be sworn as a witness or to answer questions when lawfully required to
do so.
ARTICLE VI
Penalties
SEC. 30. General Administrative Fine.—Any person, natural or juridical, found

violating any lawful order or decision of the Authority or failing to comply with these
Rules and Regulations and/or conditions embodied in the clearances or permits issued
by the Authority shall be liable to an administrative fine in an amount not exceeding
five thousand pesos (P5,000.00) In addition to such other sanctions stated in these
Rules and Regulations. The imposition of the aforesaid fine does not preclude the Au-
thority from instituting, before the appropriate Courts, the proper criminal or civil ac-
tion as the case may warrant.
SEC. 31. Penalty for Failure to Abate Pollution.—Any person found violating or
failing to comply with any order, decision or regulation of the Authority for the control
or abatement of pollution shall pay a fine not exceeding five thousand pesos (P5,000)
per day for every day during which such violation or default continues. The Authority
shall hereby be authorized and empowered to impose the fine after due notice and hear-
ing.
SEC. 32. Penalty for Violating the Prohibited Acts.—Any person who shall vio-
late any of the provisions of Article V of these rules and regulations or any order or
decision of the Authority, shall be liable to a penalty of not to exceed one thousand pe-
sos (P1,000) for each day during which such violation or default continues, or by impris-
onment of from two (2) years to six (6) years, or both fine and imprisonment after due
notice and hearing, and in addition such person maybe required or enjoined from con-
tinuing such violation.
Failure to renew the discharge permit within the period specified under Section 13
of these Rules and Regulations shall be liable to a penalty of not to exceed one thousand
pesos (P1,000) per day during which such violation or default continues.
If the violator is a corporation, partnership or association, the President or Chief
Executive Officer of the organization concerned shall be liable therefore.
SEC. 33. Penalty for Refusing Entry.—Any person, natural or juridical, who
shall refuse, obstruct or hamper the entry of duly authorized representative of the Au-
thority into any property of the public domain or private property devoted to industrial,
1068
manufacturing, processing or commercial use for the purpose of inspecting or investi-

gating the conditions therein relating to pollution or compliance to other provisions of
these Rules and Regulations, shall be liable to a fine not exceeding five thousand
(P5,000.00) pesos and contempt upon application with the proper courts and/or other
actions that the Authority may deem necessary and appropriate.
SEC. 34. Payment for Damages.—Any person, natural or juridical who violates
the provisions of these Rules and Regulations or fails to perform any condition imposed
in a permit or clearance, or refuses to obey a duly promulgated order/decision of the
Authority, thereby causing damage to the lake’s resources or other surface water in the
Laguna de Bay Region, shall be liable to pay the Authority and the affected parties for
such damages in an amount to be determined by the Authority.
SEC. 35. Non-
Payment of Fines.—The
fines so imposed shall
be paid to the Author-
ity and failure to pay
the fine in any case
within the time speci-
fied in the above-men-
tioned order or decision
shall be sufficient
ground for the Autho-
rity to order the closure
or stoppage of the ope-
ration of the establish-
ment being operated
and/or managed by said
person or persons until
“Man is a clever animal who behaves like an imbecile.”—Albert
payment of the fines
Schweitzer
(A. Oposa)
shall have been made.
Payment of the fines
does not ipso fact operate to vest on the violator the right to resume operation.
ARTICLE VII
Final Provisions
SEC. 36. Transitory Provisions.—Any person, natural or juridical, who before

the effectivity of these Rules and Regulations have already complied with the require-
ments of, or have been issued permit or clearance pursuant to the provisions of R.A.
4850, as amended, shall, upon presentation of proof of such compliance that is accept-
able to the Authority, be considered as having complied with the requirements of these
Rules and Regulations.
1069
SEC. 37. Phase-out of the Authority to Construct and Permit to Operate.—The

Discharge Permit shall henceforth replace collectively the existing Authority to Con-
struct and Permit to Operate for Wastewater Treatment Facilities.
SEC. 38. Effluent Standard for Biochemical Oxygen Demand.—For purposes of
these Rules and Regulations, the Authority hereby adopts a uniform effluent standard
for Biochemical Oxygen Demand (BOD) of 50 mg/L, regardless of strength of the raw
wastewater, if discharge will directly or eventually drains to the Laguna de Bay or its
tributary rivers and streams.
SEC. 39. Separability Clause.—If any section or provision of these Rules and
Regulations is held or declared unconstitutional or invalid by a competent court, the
other sections or provisions hereof shall continue to be in force as if the sections or pro-
visions so annulled or voided had never been incorporated herein.
SEC. 40. Amendments.—These Rules and Regulations may be amended and/or
modified from time to time by the Authority.
SEC. 41. Effectivity.—These Rules and Regulations shall take effect fifteen (15)
days after publication in a newspaper of general circulation.
APPROVED.
——o0o——
1070
INTERNATIONAL
COMMITMENTS
INTERNATIONAL COMMITMENTS
CHAPTER CONTENTS
CONSTITUTIONAL PROVISIONS ON INTERNATIONAL LAW

International Environmental Principles, 1074
INTERNATIONAL ENVIRONMENTAL COMMITMENTS OF THE PHILIPPINES
General Agreements, 1076
UN General Assembly Resolution, 1076
Stockholm Declaration, 1077
UN World Charter on Nature, 1078
UN Conference on Environment and Development, 1079
Agenda 21, 1079
THE ATMOSPHERE
Convention on the Protection of the Ozone Layer, 1081
Protocol on Substances that Deplete the Ozone Layer, 1081
UN Framework Convention on Climate Change, 1083
Kyoto Protocol to Climate Change Convention, 1084
Stockholm Convention on Persistent Organic Pollutants (POPs), 1085
THE HYDROSPHERE
Convention on the Prevention of Marine Pollution, 1085
UN Convention on the Law of the Sea, 1086
THE BIOSPHERE
Management and Conservation of Forests, 1090
Convention for the Protection of the World Cultural and Natural Heritage, 1091
Convention on International Trade in Endangered Species, 1092
Convention on the Conservation of Migratory Species of Wild Animals, 1094
Convention on Biological Diversity, 1094
ASEAN Agreement on the Conservation of Nature and Natural Resources, 1095
Trans-boundary Movements of Hazardous Wastes, 1097
Treaty Banning Nuclear Weapon Tests, 1099
Trans-boundary Movement of Radioactive Waste, 1100
Convention on Civil Liability for Nuclear Damage, 1100
Protocol 1 Additional to the General Convention of August 12, 1949, 1102
FAO Code of Conduct on the Distribution and Use of Pesticides, 1102
The Agreement Establishing the World Trade Organization, 1104
World Bank Operational Directive on the Environmental Assessment, 1105
CHAPTER VIII: INTERNATIONAL COMMITMENTS
Constitutional Provisions on International Law
Art II, Section 2
The Philippines renounces war as an instrument of national policy, adopts the

generally accepted principles of international law as part of the land and adheres to the
policy of peace, equity, justice, freedom, cooperation and amity with all nations.
“What we do today, right now, will have an accumulated effect on all of our tomor-
rows.”— Alexandra Stoddard, author, interior designer and philosopher of con-
temporary living. (A. Oposa, Picture of the boat “Sail and Dive 1”
during the 2007 Visayan Sea Expedition)
Art. II, Section 7

The State shall pursue an independent foreign policy. In its relations with other
states, the paramount consideration shall be national sovereignty, territorial integrity,
national interest, and right to self-determination.
Art. VII, Section 21

No treaty or international agreement shall be valid and effective unless concurred
in by at least two-thirds of all Members of the Senate.
1073
Art. VIII, Section 5
The Supreme Court shall have the following powers:

2. Review, revise, modify, or affirm on appeal on certiorari, as the law or the
Rules of Court may provide, final judgments and orders of lower courts in:
a. All cases in which the constitutionality or validity of any treaty, interna-
tional (or executive) agreement, law, presidential decree, proclamation, order, in-
struction, ordinance, regulation is in question. (Parenthesis supplied)
1
International Environmental Principles
1. Principles shaping global environmental and development instruments

a. Right to Life and a Healthy Environment
b. State Sovereignty
c. Right to Development
d. Sustainable Development
e. Common Heritage of humankind
f. Common Concern
g. The Obligation not to Cause Environmental Harm
h. Intergenerational and Intragenerational Equity
i. Common but Differentiated Responsibilities
j. Precautionary Principle
k. Duty to Assess (Environmental Impact Assessment)
l. Principle of Subsidiarity
2. Principles Relating to Transboundary Environmental Disputes
a. Peaceful Resolution of Disputes
b. Good Neighborliness and Duty to Cooperate
c. The Duty not to Cause Environmental Harm
d. State Responsibility
e. Duty to Notify and Consult
f. Environmental Impact Assessment
g. Equitable Utilization of Shared Resources
_______________________
1
A complete e-copy of the Revised Code is available at http://www.fao.org/WAICENT/
FAOINFO/AGRICULT/AGP/AGPP/Pesticid/Code/PM_Code.htm
1074
INTERNATIONAL ENVIRONMENTAL COMMITMENTS
OF THE PHILIPPINES
h. Nondiscrimination of Environmental Harms

i. Equal Right of Access to Justice
3. Principles for Developing National Environmental Laws
a. Duty to Implement Effective Environmental Legislation
b. Polluter and User Pays Principle
c. Pollution Prevention
d. Public Participation
e. Access to Information
4. Principles Governing International Institutions
a. Environmental Impact Assessment
b. Access to Information
c. Public Participation
“Eventually we’ll realize that if we destroy the ecosystem, we destroy ourselves.” —

Jonas Salk, American physician and microbiologist, 1914-95.
(Y. Lee)
1075
International Environmental Commitments of the Philippines2

GENERAL AGREEMENTS
UN General Assembly Resolution 1803
(On Permanent Sovereignty over Natural Resources)

(December 14, 1962)
Resolution 1803 was designed to balance a 1960’s conflict of interests. On the one
hand was the issue of national sovereignty of developing countries over their resources.
On the other was the security sought by foreign investors. The resolution answers the
right of peoples and states to permanent sovereignty over their natural wealth and
resources. This right is
subject to the “national
development and the
well-being of the
people of the State
concerned.” As provi-
ded for in the resolu-
tion, there is no limita-
tion on this right, if the
basis is environmental
matters. International
economic development
is to be based upon
respect for the aid-reci-
pient’s permanent so-
vereignty over natural
wealth and resources.
Violations of this right
are contrary to the UN
charter. In any case of
“It is good to realize that if love and peace can prevail on earth, and
expropriation, nationa- if we can teach our children to honor nature’s gifts, the joys and
lization, or requisition beauties of the outdoors will be here forever.” — Jimmy Carter
of property, which
(T. Cayton)
must be based upon
grounds of public utility, national security, or national interest, appropriate compensa-
tion must be paid in accordance with international law.
Web Reference: <http://www.unhchr.ch/html/menu3/b/c_natres.htm>

_______________________
2
Amended by Sec. 1 of E.O. 175.
1076
OF THE PHILIPPINES
Stockholm Declaration of the United Nations Conference on the Human Envi-

ronment (June 16, 1972)
In General
Pursuant to UN General Assembly Resolution 2389 (XXIII) of December 3, 1968,

the UN Conference on the Human Environment (UNCHE) was held in Stockholm from
June 5 to 16, 1972.
Declaration of Principles and Action Plan
The Conference adopted a Declaration of Principles for the Preservation and En-
hancement of the Human Environment and an action plan consisting of 109 recommen-
dations for environmental action at
the international level. The
Declaration of Principles is based on
a draft declaration prepared by the
Preparatory Committee for the
Conference. It is a compromise
between those delegates who
believed that the declaration should
serve primarily to stimulate public
awareness of, and concern over,
environmental issues, and those de-
legates who insisted that the
declaration should provide specific
guidelines for future environmental
and intergovernmental action.
Principle 21
On the issue of transfrontier “It is horrifying that we have to fight our own
pollution, Principles 21 and 22 are government to save the environment.” — Ansel
the most significant. Principle 21 Adams
affirms the responsibility of states to
ensure that activities within their jurisdiction do not cause damage in another state or
beyond national jurisdiction, such as in outer space or on the high seas. This responsi-
bility extends also to activities under a state’s control, such as those carried out by its
nationals or by or on ships registered in its territory.
Principle 22
Principle 22 requires states to cooperate in developing international environ-
mental law.
Web Reference: http://www.unep.org/dpdl/Law/PDF/Stockholm_Declaration.pdf
1077
UN General Assembly Resolution on a World Charter on Nature

(October 28, 1982)
“I never was on the dull, tame shore, But I loved the great sea more and more.” —
Barry Cornwall, “The Sea”
(A. Oposa, School of the Seas)
Principles
The World Charter for Nature (Charter) contains guiding principles, as follows: (1)
respect for nature, (2) safeguarding of habitats necessary to maintain sufficient popula-
tion levels for the survival of all life forms, (3) protection of unique areas, representative
samples of all ecosystems, and of habitats of rare or endangered species, and (4) utiliza-
tion of man’s environment so as to maintain optimal sustainability productivity while
maintaining the integrity of all ecosystems and species. The Charter seeks to find im-
plementation of the principles through national legislation and international practice.
To realize the principles, the charter sets out several specific requirements, includ-
ing (a) taking account, during the planning stages, of the effect of economic development
of natural resources, and (b) controlling activities which risk harming nature by using
“best available technologies,” avoiding discharging pollutants. To implement the Char-
ter’s objectives, states are mandated to disseminate information on nature which en-
courage public consultation and participation in all planning decisions, provide funding
for the conservation of nature, and make available remedies for harm to a person’s
environment.
Web Reference: < http://www.un.org/documents/ga/res/37/a37r007.htm >
1078
OF THE PHILIPPINES
United Nations Conference on Environment and Development
Declaration on Environment and Development

(June 3-14, 1992, Rio de Janeiro)
Sustainable Development
Adopted in 1992, the Rio Declaration focuses on sustainable development. The

term means “man’s entitlement to a healthy and productive life in harmony with na-
ture.” Furthermore, it means that the right to development is tempered by the integra-
tion of environmental protection into the development process. It also envisages the
eradication of poverty. Consequently, adoption of the concept of sustainable develop-
ment means that countries must bear a common but differentiated responsibility. The
concept also underscores the participation of indigenous peoples in the development
process.
Environment and Development
Like the Stockholm Declaration, the Rio Declaration recognizes and expands upon
the relationship between the international economic order and environmental degrada-
tion. The special needs of developing countries are recognized and are given priority.
All countries’ interests should be addressed by international efforts in matters concern-
ing environment and development. The declaration encourages an open international
economic system where trade restrictions for environmental purposes do not constitute
“a means of arbitrary or unjustifiable discrimination or a disguised restriction on inter-
national trade.”
Web Reference: <http://www.un.org/documents/ga/conf151/aconf15126-1annex1.htm >
Agenda 21
Chapters 38 and 39
(June 16, 1992, Rio de Janeiro)
Objectives
Agenda 21 was adopted at the United Nations Conference on Environment and

Development (UNCED). It aims to set the direction for policymakers on a vast array of
environment and development issues into the next millennium. Institutional and legal
matters are important concerns of Agenda 21.
Chapter 38
Chapter 38 of Agenda 21 entitled “International Institutional Arrangements” aims

to integrate environment and development issues into all levels of national and interna-
tional arrangements. Particular emphasis is placed on mobilizing the UN system. It is
1079
proposed that the UN General Assembly, with the assistance of the Economic and So-
cial Council (ECOSOC) should regularly review and appraise the implementation of
Agenda 21. Two suggestions are made to enhance and rationalize intergovernmental
decision-making capacity: the creation of a Commission on Sustainable Development to
report to the General Assembly on matters of substance and coordination (the latter to
be done through ECOSOC); or a “revitalization of ECOSOC with either a subsidiary
mechanism or the ‘full utilization’ of its new high level and coordination segments.”
Other suggestions include a strong leadership role for the UN Secretary General,
provisions of coordination functions by the Administrative Committee on Coordination,
and the creation of a high-level advisory board composed of experts. It is suggested that
the role of the United Nations Environmental Programme (UNEP) be enhanced in sev-
eral priority areas, including developing international environmental law, promoting
environmental matters throughout the UN system, promoting international coopera-
tion; promoting widest possible use of environmental impact assessments, facilitating
information exchange, providing technical, legal, and institutional advice, and support-
ing the integration of environment with development policies. The role of the United
Nations Development Programme’s (UNDP) role, following UNCED, should be to mobi-
lize donor resources for ‘capacity building’ in recipient countries, assist recipients in
coordinating activities for the follow-up of UNCED, and assist in mobilizing domestic
financial resources. Other UN bodies also have environmental mandates, including
UNCTAD, the UN Sudano-Sahelian Office, and regional economic commissions. It is
suggested that the UN system be of assistance to states in the national implementation
of Agenda 21, both in the coherent integration of environment and development con-
cerns and in the preparation of national reports. Enhanced cooperation and coordina-
tion between UN bodies and with international financial organizations are encouraged,
as is participation of nongovernmental organizations in the review and evaluation of the
implementation of Agenda 21.
Chapter 39
Chapter 39, entitled “International Legal Instruments and Mechanisms,” suggests

that international environmental law should be reviewed and developed so as to “pro-
mote the efficacy of that law” and the integration of environment and development
policies. In particular, such efforts should achieve the following: address difficulties
states face in implementing international agreements, set priorities for future law-
making, develop multilateral environmental standards which can coexist with interna-
tional trade rules, improve effectiveness of institutions, and prevent actual or potential
conflicts between environmental and social/economic agreements. States should support
the effective participation of all countries in the process by providing appropriate tech-
nical and financial assistance. The General Assembly and the International Committee
of the Red Cross are suggested as the appropriate fora for considering the means to
prevent “wilfully caused large-scale destruction of the environment in times of war,
which cannot be justified under international law.” It is suggested that attention be
1080
THE ATMOSPHERE
paid to the possibility of setting differential obligations to reflect differing capacities of

states to implement agreements. It is further that states consider making dispute pre-
vention and settlement more effective by creating mechanisms for information exchange
on matters that may give rise to disputes and by including within agreements “clauses
providing for the effective peaceful settlement of disputes.”
Web Reference:
http://www.un.org/esa/sustdev/documents/agenda21/english/agenda21chapter38.htm
http://www.un.org/esa/sustdev/documents/agenda21/english/agenda21chapter39.htm
http://www.un.org/esa/sustdev/documents/agenda21/english/agenda21toc.htm
THE ATMOSPHERE
Convention on the Protection of the Ozone Layer

(March 22, 1985, Vienna)
The Vienna Convention on the Protection of the Ozone Layer was negotiated un-
der the auspices of the UNEP. It aims to protect humans and environment from the
harmful effects of activities which modify the ozone layer. To achieve this goal, the
convention requires parties to cooperate, according to their means, in research and
legislative measures and to formulate standards, procedures and measures in the form
of protocols and annexes. Parties are also required to facilitate the exchange of relevant
‘scientific, technical, socioeconomic, commercial, and legal information. Another obliga-
tion is to facilitate the exchange of technology subject to applicable national law. Par-
ties are required to report on the measures taken to implement the convention and
protocols.
Web Reference: < http://www.unep.ch/ozone/vc-text.shtml >
Protocol on Substances that Deplete the Ozone Layer

3
(September 16, 1987, Montreal)
In General
The Montreal Protocol was agreed upon by the parties to the Vienna Convention
for the Protection of the Ozone Layer. The protocol sets forth a timetable for the reduc-
tion of controlled substances which deplete the ozone layer and which have adverse
effects on human health and the environment. The Convention establishes a formula
for determining calculated levels of consumption and production of controlled sub-
stances based on the ozone depleting potential of each substance.
_______________________
3
1081
Formula
Parties must ensure that in the year beginning seven months after entry into force
of the protocol, calculated levels of consumption and production of controlled substances
listed as group I in annex A do not exceed the calculated levels for that party in 1986.
Levels of production may increase by 10 percent over the 1986 base if necessary to sat-
isfy basic domestic needs or for transfer of a portion of one party’s production to an-
other, in order to satisfy “basic domestic needs” or achieve “industrial rationalization.”
The same provisions apply
to controlled substances
listed as group II of annex
A in the year beginning
thirty-six months after the
protocol enters into force.
The protocol establishes
other specific time limits.
Special provision exists for
parties with very low lev-
els of production and con-
sumption in 1986, and the
special needs of developing
countries are addressed by
undertakings to provide
access to “environmentally
safe alternative sub-
stances” and financial aid “That’s human nature. Nobody does anything until it's too
for alternative technology. late.” — Michael Crichton, “Prey”
Under specific cir-
cumstances, developing countries are also given an additional ten years to meet reduc-
tion goals.
Requirements
Parties are required to ban the import from and the export to states not party to
the protocol of controlled substances and to discourage the export of technology for pro-
ducing and utilizing controlled substances to non-parties. Parties are further required
to cooperate in research, transfer of technology, and exchange of information.
Miscellaneous
Parties must report to the Secretariat on production and consumption of controlled
substances.
Web Reference:
< http://www.unep.org/ozone/Montreal-Protocol/Montreal-Protocol2000.shtml >
1082
THE ATMOSPHERE
UN Framework Convention on Climate Change

(May 9, 1992, New York)
Objectives
The ultimate objective of the UN Framework Convention on climate change is the

“stabilization of greenhouse gas concentrations in the atmosphere at a level that would
prevent dangerous anthropo-
genic interference with the cli-
mate system.” The convention
requires all parties, in accor-
dance with the differentiated
responsibilities and capabilities,
to (1) formulate and implement
program which mitigate the
adverse effects of climate change
and facilitate adaptation to it; (2)
promote and cooperate in devel-
oping of greenhouse gases; (3)
promote sustainable manage-
ment and conservation of sinks
and reservoirs of all greenhouse
gases; and (4) take account of
climate change in social, eco-
nomic, and environmental pro-
grams.
Specific Requirements
“True wisdom consists in not departing from nature
Specifically, developed
and in molding our conduct according to her laws and
model.”— Seneca, ancient Roman writer
country parties and countries of
(Y. Lee) Central and Eastern Europe are
required to take measures to
limit their greenhouse gas emissions, with the aim of returning individually or jointly to
their 1990 levels by the end of the decade (year 2000), and enhance their sinks and
reservoirs. The conference of the parties is to review the adequacy of this last require-
ment at its first session with a view to amending it as appropriate. Developed country
parties, not including parties from Central and Eastern Europe, are required to transfer
“new and additional” financial resources to assist developing country parties in meeting
the compliance costs of the requirements of the convention. These developed country
parties are also required to assist developing country parties which are particularly
vulnerable to the adverse effects of climate change in meeting the adaptation cost to
those circumstances. These parties are further required to “take all practical steps” to
transfer “environmentally sound technology to developing country parties.”
1083
In fulfilling their obligations, parties from Central and Eastern Europe are
granted flexibility and the convention states that developing country parties will im-
plement their obligations in accordance with the extent to which developed country
parties have fulfilled their commitments to transfer financial resources and technology.
Web Reference: < http://unfccc.int/not_assigned/b/items/1417.php >
Kyoto Protocol to Climate Change Convention

(11 December 1997)
“We have nowhere else to go... this is all we have.” — Margaret Mead
(A. Oposa)
The Protocol committed the industrialized nations to specified, legally binding re-
ductions in emissions of six “greenhouse gases.” The Protocol states that these industri-
alized countries are committed individually or jointly – to ensuring that their aggregate
anthropogenic carbon dioxide equivalent emissions of greenhouse gases do not exceed
amounts assigned to each country, with a view of reducing their overall emissions of
such gases by at least 5% below 1990 levels in the commitment period 2008-2012. The
six gases covered by the Protocol are carbon dioxide, methane, nitrous oxide, hydro-
fluorocarbons (HFCs), perfluorocarbons (PFCs), and sulphur hexafluoride (SF6). The
most prominent of these and the most pervasive in human economic activity is carbon
dioxide, produced when wood or fossil fuels such as oil, coal, gas are burned.
The Protocol does call on all Parties—developed and developing countries alike—to
take a number of steps to formulate national and regional programs to improve local
emission factors, activity data, models, and national inventories of greenhouse gas
1084
THE HYDROSPHERE
emissions and sinks that remove these gases from the atmosphere. All Parties are also
committed to formulate, publish, and update climate change mitigation and adaption
measures, and to cooperate in the promotion and transfer of environmentally-sound
technologies and in scientific and technical research on the climate system.
Stockholm Convention on Persistent Organic Pollutants (POPs)

(22 May 2001, Stockholm, Sweden)
The Convention bans outright 8 pesticides—aldrin, endrin, dieldrin, chordane,

heptachlor, hexaclorobenzene, miresx and taxaphene. These chemicals are widely ac-
knowledged to be hazardous to human health and the environment, because of their
toxicity, because they resist degradation and thus persist for decades or longer, because
they became concentrated in living tissue, and because they are transported globally at
atmospheric and oceanic currents, and other transport modes. The treaty also immedi-
ately prohibits PCB (polycholorinated biphenyl) production and mandates a phase-out
of ongoing uses overtime. With a goal of complete PCB phaseout by 2025, the treaty
calls on countries to make determined efforts to remove from use all PCB-containing
electrical transformers and other equipment.
It also establishes a long-term goal of eliminating DDT (dicholordiphenyl tricloro-
ethane) use but permits public health exceptions for its use in mosquito control to fight
malaria. Developing countries without alternatives will continue to use DDT against
malaria, until effective and affordable alternatives are available to them.
The objective of the Convention is to eliminate or severely restrict production and
use of this group of pesticides and industrial chemicals and ensure environmentally
sound management and chemical transformation of POPs waste. It also seeks to pre-
vent the mergence of new chemicals with POPs-like characteristics. This precautionary
approach involves the establishment of a scientific “POPs Review Committee” to evalu-
ate additional chemicals – based on the criteria of toxicity, persistence, bioaccumula-
tion, and long-range transport – for inclusion into the treaty.
Web Reference: < http://www.pops.int/ >
THE HYDROSPHERE
The Hydrosphere Convention on the Prevention of Marine Pollution by Dump-

ing of Wastes and Other Matter
(December 19, 1972, London)
Requirements for Dumping
The London Convention on the Prevention of Marine Pollution by Dumping of
Wastes and Other Matter: (1) prohibits the dumping of ‘wastes and other matter’ listed
in annex I of the Convention, (2) requires a specific permit for dumping ‘wastes and
other matter’ listed in annex III. Wastes and other matter is defined broadly as any
type of material of substance. The rules do not restrict a party from prohibiting dump-
1085
ing of any matter not included in annex I. Permits are subject to grants by national
authorities in respect of all matter intended to be dumped that is loaded in a party’s
territory and, if loaded in the territory of a non-party, in respect of vessels flying its
flag. Parties also undertake to develop rules governing liability and dispute settlement.
Exceptions to the Convention’s obligations are permitted for dumping in cases of ex-
treme risk to human life, ships or aircraft and where no alternative other than dumping
is apparent. In addition, the Convention does not apply to disposal of material in the
normal operation of aircrafts, ships or other manmade structures or to materials dis-
posed in the course of exploiting seabed resources.
This will be replaced by the 1996 Protocol 30 days upon ratification by 26 coun-
tries, 15 of whom should be parties to the 1972 treaty. It provides a major change in
regulating the use of the sea as a place for waste materials. It also introduces the con-
cept of “precautionary approach” with regards to wastes being dumped into the sea.
Web Reference:
http://www.imo.org/Conventions/contents.asp?topic_id=258&doc_id=681#8
United Nations Convention on the Law of the Sea

(December 10, 1982, Montego Bay)
“The oceans are in trouble; the coasts are in trouble; our marine resources are
in trouble. These are not challenges we can sweep aside.” — James Watkins,
Admiral, US Navy (Ret.); head of US Commission on Ocean Policy
(A. Oposa)
1086
THE HYDROSPHERE
Objective
The 1982 UN Convention on the Law of the Sea (UNCLOS or ‘Convention’), nego-
tiated under the auspices of the Third United Nations Conference on the Law of the
Sea, aims to establish a comprehensive legal regime to govern activities in relation to
the world’s seas and oceans.
Rights of Innocent Passage and Regulations on Pollution
The Convention affirms the right of innocent passage in territorial waters, subject
to certain limitations: passage loses its innocence if a foreign vessel engages in act of
willful and serious pollution contrary to Convention, and coastal states are entitled to
adopt necessary laws relating to innocent passage for the purpose of the conservation of
marine living resources and the protection of its marine environment. The Convention
further provides that ships in passage must comply with internal regulations for the
control of pollution. The Convention permits states bordering straits and archipelagic
sea lanes to make laws to protect the environment against pollution.
Access to Natural Resources and the EEZ
The Convention establishes a regime of access to natural resources depending on

where an activity takes place: within a state’s exclusive economic zone (EEZ) or on the
high seas. In so doing, the Convention confers rights and duties upon states which re-
flect a balance between the interests of coastal states and others, including flag states,
landlocked states and developing states.
EEZs are areas of up to two hundred nautical miles from a state’s shore in which
states are given the sovereign right to explore, exploit, conserve and manage all natural
resources as well as the exclusive right to determine the total allowable catch (TAC) of
living resources. If a state is unable to harvest its TAC, other states are to be granted
access by agreement to those resources, subject to the conservation measures enacted
by the coastal state. If a stock occurs within the EEZ of two states or within an EEZ and
areas beyond, then the coastal and fishing states are required to agree on the necessary
conservation and development measures. In the case of highly migratory species, the
coastal and fishing states are to cooperate on measures to achieve their “optimum utili-
zation.” With respect to marine mammals, coastal states are permitted to regulate their
exploitation more strictly than required under the Convention. The Convention gives
coastal states the responsibility for the conservation of anadromous species in whose
waters they originate and for the management of catadromous species which spend the
greater part of their life cycle in their waters. Landlocked and “geographically disad-
vantaged” states are granted rights to access to the surplus within an EEZ on an equi-
table basis through bilateral and multilateral agreements, except where a coastal
state’s economy is overwhelmingly’ dependent upon the exploitation of the resources.
Coastal states are empowered to enforce compliance of its rules enacted in conformity
with the Convention by inspection, arrest and judicial proceedings against vessels and
their crews.
1087
The High Seas
On the high seas, the Convention entitles all states not only to fish subject to
treaty obligation and certain rights, duties and interests of coastal states, but also
places on all states a duty to conserve living resources. The Convention requires all
parties to cooperate in conservation and management measures of living resources on
the high seas, and fishing states, in particular, are required to enter into negotiations
on these measures. The Convention outlines the measures states are required to take in
determining the allowable catch and establishing other conservation measures for liv-
ing resources on the high seas.
States bordering a semi-enclosed sea are encouraged to cooperate by coordinating
their management, conservation, exploration, and exploitation of living resources, their
protection and preservation of the marine environment, and their pursuit of scientific
research policies.
Exploitation of Seabed and Ocean Floors and the International Seabed Au-
thority
The Convention creates a regime which regulates the exploitation of the seabed
and ocean floor beyond the limits of national jurisdiction. The underlying principle
governing exploitation is that the area and its resources are the “common heritage of
mankind,” which in this context entails the following: no state can exercise sovereignty
over the area and all rights in the resources are vested in all of mankind; general con-
duct in the area must conform with the charter of the United Nations; all activities in
the area are to be conducted for the benefit of mankind, with their benefits equitably
shared in the manner set out by the International Sea-Bed Authority (The Authority);
and all activities are to be carried out solely for peaceful purposes. Both the Authority
and individual states are permitted to engage in scientific research in the area for
peaceful purposes and are required to operate in promoting the transfer of technology to
developing states. The Authority is required to adopt rules which will prevent, control,
and reduce pollution, conserve the natural resources of the area, and protect the flora
and fauna of the marine environment. The Convention outlines the policies relating to
activities in the area, the underlying objectives being the fostering of the following: the
healthy development of the world economy, the balanced growth of international trade,
and increased cooperation for the development of all states, in particular developing
states. The Convention provides the Authority with an active mandate to promote
growth, efficiency and stability of commodities produced from materials derived from
the area. A review conference is provided for, to occur fifteen years after the Conven-
tion’s entry into force, which will “ensure the maintenance of the principle of common
heritage of mankind, the international regime designed to ensure equitable exploitation
of the resources of the area for the benefit of all countries, especially developing states.”
1088
THE HYDROSPHERE
Protection and Preservation
Part XII of the Convention provides for the protection and preservation of the ma-
rine environment. States are required to protect and preserve the marine environment
and their right to exploit their natural resources must be exercised in accordance with
this obligation. States are required to take measures to prevent, reduce, and control
pollution of the marine environment and must ensure that activities under their juris-
diction or control do not cause pollution in areas outside where they exercise sovereign
rights.
Notification, Monitoring, and

Assessment
When a state becomes aware of

imminent danger to the environ-
ment, it is required to promptly
notify any other state which it con-
siders may be affected and any com-
petent international organization.
The Convention also requires states
to carry out environmental monitor-
ing and assessment.
Assistance to Developing States
States are required to promote

and provide scientific and technical
assistance to developing states in
respect of environmental matters.
Developing states are also to benefit
from preferences by international
organizations for funds and services
for the purpose of prevention, reduc-
tion and control of pollution.
UNCLOS Requirements
The Convention requires states
to adopt laws and regulations to
prevent, reduce, and control pollu- “A nation that destroys its soils destroys itself.
tion from the following sources: land Forests are the lungs of our land, purifying the
based sources, seabed activities, acti- air and giving fresh strength to our people.”—
vities in the area; dumping; vessels; Franklin Delano Roosevelt
(A. Oposa)
and from or through the atmosphere.
The Convention’s specific requirements differ according to the source of pollution, with
1089
some involving individual state action and others involving international coordination,
with some calling for compliance with existing international standards and others re-
quiring those standards only to be taken into account.
Other Requirements
In addition, the Convention requires enforcement of the laws and regulations

adopted by parties in relation to pollution from land based sources from seabed activi-
ties; from activities in the area; from dumping; and from or through the atmosphere.
Detailed rules are provided for the institution of proceedings by flag states; port states;
and coastal states. The Convention also provides safeguards against abuses of state
enforcement powers.
Web Reference:
http://www.un.org/Depts/los/convention_agreements/convention_overview_convention.htm
THE BIOSPHERE
Principles for a Global Consensus on the Management, Conservation, and Sus-

tainable Development of All Types of Forests
Objectives
The non-legally binding authoritative statement of principles for a global consen-

sus on the management, conservation, and sustainable development of all types of for-
ests, adopted at the United Nations Conference on Environment and Development
(UNCED) and which applies to all forests, aims to (1) relate the subject of forests to the
entire range of environmental and development issues and (2) have forestry issues ex-
amined in a “balanced manner within the overall context of both the environment and
development.” The principles call for efforts to be undertaken towards greening the
world and towards maintaining and increasing forest cover and productivity in ecologi-
cally and economically sound ways.
Forest Management
The principles affirm that states have the sovereign and inalienable right to util-
ize, manage, and develop their forests in accordance with their development needs and
in a manner consistent with sustainable development. They state that sustainable
economic, trade, and development policies and international aid should be integrated
with forest conservation. Governments should promote and provide opportunities for
the participation of interested parties in the development, implementation, and plan-
ning of national forest policies. States should, in addition, duly support the culture and
rights of indigenous peoples and forest dwellers.
1090
THE BIOSPHERE
Sustained and Environmentally Sound Development
The principles encourage the promotion of a supportive international economic

climate conducive to sustained and environmentally sound development of forests in all
countries. The costs of forest conservation and sustainable development should be
shared equitably by the international community. In particular, developing countries
should receive new and additional financial resources to enable them to sustainably
manage, conserve, and develop their forest resources. Agreed rules that are non-
discriminatory and consistent with international law should govern trade in all forest
products and unilateral measures to restrict and/or ban international trade in forest
products should be removed or avoided.
The principles deem essential national, international, and regional institutional
capabilities to the conservation and sustaintable development of forests and call for
such capabilities to be strengthened.
Web Reference: http://www.un.org/documents/ga/conf151/aconf15126-3annex3.htm
Convention for the Protection of the World Cultural and Natural

Heritage
(17 October to 21 November 1972, Paris)
In General
The Convention for the Protection of the World Cultural and Natural Heritage was
adopted under the auspices of United Nations Educational, Scientific and Cultural
Organization (UNESCO). It applies to “cultural heritage” and “natural heritage” which
is of “outstanding universal value” from several points of view. The Convention places
the primary duty upon each state party to do all it can to identify, protect, present, and
transmit the natural and cultural heritage to future generations. Each party is required
to endeavor to include in its planning the protection of their cultural and natural heri-
tage and to take appropriate measures to protect, conserve and rehabilitate this heri-
tage. The Convention further places on the international community as a whole the
duty to cooperate in the protection of such heritage, and, accordingly, parties undertake
to provide assistance in the identification, protection, conservation, and preservation of
cultural and natural heritage when so requested.
The World Heritage Committee
The Convention establishes the World Heritage Committee within UNESCO, com-
posed of a limited number of experts elected by the parties meeting in General Assem-
bly. On the basis of information submitted by parties, the definitions of cultural and
natural heritage and its own criteria, the committee is to establish two lists: the World
Heritage List and the List of World Heritage in Danger. The Committee receives re-
1091
quests for international assistance from parties for the protection, conservation, presen-
tation or rehabilitation of their cultural and natural heritage, and decides on how the
World Heritage Fund is to disburse funds. The Convention sets out the forms of inter-
national assistance which the Committee may provide and outlines the conditions and
arrangements for such assistance.
The World Heritage Fund
The World Heritage Fund is composed of compulsory and voluntary contributions

from parties and of other monies collected through fund-raising. The compulsory con-
tributions are on a uniform basis as determined by a majority of parties present and
voting at a General Assembly of the parties. The determination is subject to the rights
of parties to declare, when depositing their instruments of ratification, acceptance or
accession, that they are not bound by the provision of the Convention governing com-
pulsory contributions, in which case they should still make regular contributions in
amounts not less than what
their compulsory contribution
would have been. Non-payment
of compulsory or voluntary con-
tributions disqualifies a party
from being a member of the
Committee.
There are five areas in the
Philippines that have been
declared among the World He-
ritage sites. These include the
Baroque Churches of the Phi-
lippines (1993); the Tubbataha
Reef Marine Park (1993); the
Rice Terraces of the Philippine
Cordilleras (1995); the Historic
“To know that even one life has breathed easier because you town of Vigan (1999); and, the
have lived, that is to have succeeded.” — Ralph Waldo Puerto-Princesa Subterranean
Emerson River National Park (1999).
Web Reference: http://whc.unesco.org/world_he.htm
Convention on International Trade in Endangered Species of Wild Flora and Fauna
(March 3, 1973, Washington)
In General
The Convention on International Trade in Endangered Species of Wild Fauna and

Flora (CITES) is premised on the view that the control or elimination of international
markets will contribute to the preservation of endangered species. It classifies species
1092
THE BIOSPHERE
by reference to their endangered status: those in appendix I are the most endangered
and subject to the strictest trade regulation; those in appendix II are not currently en-
dangered, but are at the risk of becoming so if unregulated trade continues; and those
in appendix III are subject to control by national authorities so as to prevent and re-
strict their exploitation.
System of Trade Permits
Trade in listed species is subject to a system of import and export permits that is
linked to input from scientific authorities and is supervised by national management
authorities. Trade in species listed in appendix I is highly restricted and will only be
permitted if (a) the Scientific Authority in the exporting country has determined that
the export is not detrimental to the survival of the species and (b) the Management
Authority of the importing
state is satisfied that the
import is not primarily for
commercial purposes. The
rules are less strict for trade
in species listed in appendi-
ces II and III. Trade with
non-parties is permissible so
long as documentation com-
parable to the Convention’s
requirements is produced.
The Convention’s restrictions
on trade in listed species do
not interfere with a party’s
right to take stricter domes-
tic measures, or the right of
parties to comply with inter-
national agreements that re-
gulate other aspects of trade. “Everybody needs beauty as well as bread, places to play in
and pray in, where nature may heal and give strength to
There are 28 animals in body and soul.”—John Muir
the Philippines listed under
Appendix I, 802 under Appendix II and one under Appendix I/II. These are enumerated
in the table below. A complete list of these animals with their current CITES status and
distribution is available at http://cites.org/eng/resources/species.html
Web Reference: http://www.cites.org/
1093
Convention on the Conservation of Migratory Species of Wild Animals

(June 23, 1979, Bonn)
The Convention on the Con-

servation of Migratory Species of
Wild Animals applies to all spe-
cies for which a significant
proportion of the population habi-
tually moves across national
boundaries. Obligations of the
parties depend upon the conser-
vation status of the animals for
which its territory is a range. For
species that are the most en-
dangered, range states are to
“endeavor” to conserve and re-
store their habitats, prevent “as
appropriate” activities which ad-
versely affect the species, and
prohibit taking except under very
limited circumstances. If the spe-
cies is not endangered but has an
unfavorable conservation status,
range states are encouraged to
conclude “agreements” among
themselves on measures to re-
store the conservation status of
the species. The Convention pro-
vides guidelines for the content of
these “agreements.”
“Men have an extraordinary erroneous opinion of their
position in Nature.” — William Somerset Maugham
(1874-1965)
Web Reference: http://www.cms.int/documents/convtxt/cms_convtxt.htm
Convention on Biological Diversity

Objectives
The Convention on Biological Diversity, adopted under the auspices of the UNEP is
designed to protect the earth’s biodiversity by promoting its sustainable use and by ensur-
ing that its benefits are shared equitably between the developing and developed worlds.
1094
THE BIOSPHERE
The Convention affirms the applicability of Principle 21 of the Stockholm Declaration and
provides for the state’s responsibility under the Convention for activities under its control
both within national jurisdiction and without.
Requirements
The Convention imposes obligations upon states in relation to in situ conservation

(within a species’ natural habitat) and ex situ conservation. The Convention requires
parties to promote the sustainable use of biological resources by integrating this objective
into national decision making, providing incentives, undertaking research and training,
encouraging public education and requiring environmental impact assessment.
Rights of Host State
The Convention affirms the right of the host state to determine access to its bio-
logical resources and creates a presumption refutable by the host state that access must
be subject to that state’s prior informed consent. It seeks to channel the benefits derived
from the exploitation of biological resources to the state of origin by requiring the ex-
tracting party to share the proceeds and results of research in a “fair and equitable
way,” as appropriate, and on mutually agreed terms. The Convention also provides for
transfer of technology to developing countries, subject to existing patent and other intel-
lectual property rights.
Web Reference: http://www.biodiv.org/convention/default.shtml
ASEAN Agreement on the Conservation of Nature and Natural

Resources
(July 9, 1985, Kuala Lumpur)
The ASEAN Agreement on the Conservation of Nature and Natural Resources

(Agreement) is designed to protect a wide variety of natural resources with a view to-
ward integrating conservation and development efforts. National governments under-
take to adopt measures to maintain ecological processes, preserve genetic diversity and
ensure sustainable development. All development plans will give full consideration to
ecological factors in addition to economic and social factors. In addition to national ac-
tion, parties will also coordinate their efforts to develop a conservation strategy for the
region.
Sustainable Use
Parties shall conserve animal and plant species by establishing protected areas
and gene banks, as well as by regulating, taking and the introduction of exotic species
into ecosystems. The goal of sustainable use of harvested species shall be attained by
implementing management plans for preventing disease and for restoring depleted
1095
populations. A permit system shall also be instituted to regulate harvesting and trade
in harvested species. Appendix I of the Agreement lists endangered species deserving
the special protection of stricter regulations.
Conservation
Controls shall be adopted to ensure the conservation of the vegetation cover and
forest resources. Soil and water conservation will also be addressed through regulations
and use policies. Parties also agree to take all appropriate measures towards air qual-
ity management compatible with sustainable development. As part of their conserva-
tion efforts, parties will institute measures to prevent environmental degradation and
pollution.
Land Use
To implement the objectives of the Agreement, parties shall give particular atten-
tion to national land use planning. As appropriate, national parks and reserves shall be
established as protected areas with buffer zones designated as necessary. Parties shall
cooperate with each other to create a coordinated network of protected areas throughout
the region. Parties also agree to promote conservation of natural areas by private own-
ers, community and local authorities.
Environmental Impact Assessment
The parties undertake to carry out environmental impact assessments for any ac-
tivity which may significantly affect the natural environment. If adverse effects are
projected, parties will carry out the activity so as to overcome or minimize such adverse
effects. The parties will also promote scientific research, monitoring efforts and infor-
mation exchange. When appropriate, such activities shall be coordinated at an interna-
tional level. The parties shall endeavor to promote education programs and encourage
public participation in conservation efforts.
Duty Not to Cause Harm
The parties have the duty to ensure that no act within their jurisdiction causes
harm to the environment beyond the limits of national jurisdiction. If any party be-
comes aware of an emergency situation, that party must inform the other parties.
Web Reference: http://www.aseansec.org/1490.htm
1096
Convention on the Control of Trans-boundary Movements of Hazardous Wastes

and Their Disposal
(March 22, 1989, Basel)
In General
The Basel Convention on

the Control of Trans-boundary
Movements of Hazardous
Wastes and Their Disposal
regulates the transport and
disposal of hazardous and
other wastes and seeks to
make such transport a matter
of public record. The ultimate
goal of the Convention is to
protect human health and the
environment from the dangers
of such wastes, in application
of the principle that wastes
should be disposed of in the
state where they were gener-
ated. The Convention is prem-
ised upon the belief that by “A man who lives with nature is used to violence and is
requiring the generator to companionable with death. There is more violence in an
carry out duties regarding English hedgerow than in the meanest streets of a great
city.”—P.D. James
transport and disposal of the
(Digital Vision)
wastes, the amount of waste
generated will be reduced.
Definition of Wastes
The Convention restates the right of every state to ban the entry of disposal of for-
eign hazardous wastes in its territory. For purposes of the Convention, wastes are defined
as hazardous either by reference to categories set out in annex I, unless they do not pos-
sess the characteristics listed in annex III, or if so classified by national legislation. Many
of the Convention’s obligations also apply to “other wastes” listed in annex II, which en-
compass household wastes or residue from the incineration from household wastes. Ex-
cluded from the Convention ambit are radioactive wastes and wastes discharged from the
normal operation of ships so long as they are regulated by other international instru-
ments. Parties exercising their right to prohibit the import of hazardous wastes are to
inform the other parties and provide information on any national legislation pertaining to
1097
the definition of hazardous waste. Each party must prohibit the export of such wastes to
any state which has notified the party
of its import prohibition.
Trade in Hazardous Wastes
“Nature’s great law, and law of all men's minds? — To its own impulse every creature
stirs; Live by thy light, and earth will live by hers!”— Matthew Arnold
(A. Oposa)
Parties are required to take appropriate measures to ensure that the generation of
hazardous wastes is reduced to a minimum, to prevent pollution due to such wastes,
and to prohibit the import or export of wastes if they have reason to believe that the
wastes will not be managed in an environmentally sound manner. Parties must also
prohibit the import from or export to states not party to the Convention of hazardous
wastes, except if done under the authority of an international agreement which does not
derogate from the Convention’s provisions on environmentally sound management of
wastes or stipulate provisions which are less environmentally sound. In addition, the
disposal of hazardous waste south of 60° south latitude is prohibited. Any waste trans-
ported or disposed of in contravention of this Convention will be considered illegal traf-
fic in waste and is to be made a criminal offense. Parties are permitted, in accordance
with the objectives of the Convention and other rules of international law, to take
1098
stricter measures than required by the Convention in order to protect human health
and the environment.
Requirements for Movement of Wastes
The Convention sets out the requirements for any transboundary movement of
waste, including notification, packaging, authorization, and accompanying documenta-
tion. Movement of waste will only be permitted if the generating state does not have the
technical capacity or suitable sites for disposal or if the importing state requires the
waste as raw material for recycling or recovery industries. Before any transboundary
movement is permissible, the state of export must notify the state of import and all
states of transit. In return, the states of import and of transit must respond in writing
consenting to the shipment. Conditions may be imposed. All shipments must be covered
by insurance as required by the states of import or transit and if a shipment cannot be
completed as planned, the state of export has a duty to take back the wastes and ensure
their proper disposal.
Cooperation of Parties and Establishment of Revolving Fund
The parties agree to cooperate with each other regarding the exchange of informa-
tion and technologies, monitoring and research and to assist developing countries in
complying with the terms of the Convention. Any party with knowledge of an accident is
to inform other states likely to be affected promptly. The establishment of a revolving
fund is to be considered to assist in the event of an emergency. A protocol will be devel-
oped to address issues of liability.
Web Reference: http://untreaty.un.org/English/TreatyEvent2002/Basel_Conv_16.htm
Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space, and
Under Water
(August 5, 1963, Moscow)
Objectives
The Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space,
and Under Water (Treaty) seeks to protect the environment from contamination by
radioactive substances. Additionally, the Treaty is a step towards general disarmament.
Parties undertake to “prohibit, prevent, or not carry out” any nuclear explosion in their
jurisdiction or control, or in the atmosphere and beyond its limits, or under water. In
addition, such tests are banned if they cause radioactive debris to be present outside the
territorial limits of the state carrying out the test. Parties further undertake to refrain
from participating in any nuclear explosion that would have the effects outlined above.
Web Reference: http://lawofwar.org/space_treaty_banning_nuclear_weapons.htm
1099
IAEA Code of Practice on the International Trans-boundary Movement of Ra-

dioactive Waste
(June 27, 1990)
In General
The International Atomic Energy Agency (IAEA) Code of Practice on the Interna-
tional Trans-boundary Movement of Radioactive Waste arose partly out of: (a) public
reaction to unauthorized trans-boundary movement of radioactive waste to developing
countries, and (b) concerns over how such wastes were then managed and disposed of.
The basic principles of the Code are that each state should minimize the amount of
radioactive waste it produces and that any radioactive waste under its jurisdiction or
control should be “safely managed and disposed of” so as to protect human health and
the environment.
Against this background, the Code affirms the sovereign right of every state to
prohibit the movement of radioactive waste on its territory. If a state does choose to
involve itself in the transboundary movement of such waste, it should ensure that this
takes place according to international safety standards and, subject to the relevant
rules of international law, after the sending, receiving and transit states have all been
notified of such movement and given their consent. States should establish an authority
to regulate the transboundary movement of radioactive waste and should not permit
the receipt of such waste unless it can manage and dispose of it in accordance with
international safety standards. A corresponding duty is placed on the sending state’s
consent, that the receiving state can manage and dispose of the waste according to in-
ternational safety standards. If the transfer is not completed in accordance with the
Code, the sending state should either readmit the waste or arrange a safe alternative
for it. States should enact provisions of national law covering liability and compensa-
tion for damage caused by the transboundary movement of radioactive waste and non-
compliance with the Code.
Web Reference: http://www.iaea.or.at/http://www.globelaw.com/Nukes/iaeacod.htm
Convention on Civil Liability for Nuclear Damage
(May 21, 1963, Vienna)
Objectives
The Vienna Convention was negotiated under the auspices of the International
Atomic Energy Agency (IAEA). It is potentially of worldwide geographical application.
Its purpose is to establish minimum standards to provide protection under national law
against damage resulting from certain peaceful uses of nuclear energy. Pursuant to
Article II, the operator of a nuclear installation is liable for nuclear damage upon proof
that such damage was caused by a nuclear incident in the installation or, with certain
limitations, in the course of carriage to or from the installation. The liability of the op-
erator is absolute although provision is made for certain defenses and exceptions to
liability.
1100
Jurisdiction
As a general rule, actions must be brought within ten years from the date of the nu-
clear incident and jurisdiction over actions lies only with the courts of the contracting state
within whose territory the nuclear incident occurred. If an action is brought against a
state itself, it may not, except in respect of measures of execution, invoke any jurisdic-
tional immunities. Final judgments which are recognized are enforceable in the terri-
tory of any of the contracting states.
Limitation of Liability
The Vienna Convention permits the installation state to limit the liability of the op-
erator, but in no event to
less than US$5 million for
any one nuclear incident.
Operators are required to
maintain insurance or other
financial security. However,
if the security is inadequate
to satisfy claims, the Con-
vention, in Article VII, pro-
vides that the installation
state is required to meet
any deficiencies up to the
limit, if any, of the ope-
rator’s liability. No provi-
sion is made for further
compensation beyond this
limit by either the installa-
tion state or the parties
jointly.
Dispute Settlement
The Optional Protocol
establishes a dispute set-
tlement mechanism. Un-
less some other form of set- “Your descendants shall gather your fruits.”— Virgil
tlement has been agreed (A. Oposa)
upon by the parties within
two months of any dispute, the International Court of Justice (ICJ) is given compulsory
jurisdiction.
Web Reference: http://www.iaea.org/Publications/Documents/Infcircs/1996/inf500.shtml
1101
Protocol 1 Additional to the General Convention of August 12, 1949 and Relat-
ing to the Protection of the Victims of Armed Conflict
(June 8, 1977, Geneva)
Environmental Protection
The Geneva Protocol 1 Additional to the General Convention of August 12, 1949,
and Relating to the Protection of Victims of Armed Conflict, seeks to protect the envi-
ronment by two techniques: (a) by setting standards and thresholds for permissible
harm and (b) by establishing rules on targetry.
The Protocol expressly prohibits intentional harm to the environment and the
utilization of means and methods of warfare which may be expected to cause such
harm. The threshold, above which harm to the environment is proscribed, is when it
becomes widespread, long-term, and severe, and the population is threatened. All weap-
ons, means, and methods of warfare are to be evaluated before use to determine their
compliance with the Protocol and other international law. Parties are required to take
precautionary measures as attackers to minimize attacks on civilian objects and as
defenders to protect civilian objects from the effects of military operations.
In addition, the environment is protected by the prohibition on attacks on certain
objects. The protocol prohibits attacks on objects deemed indispensable to civilian life,
including foodstuffs, agricultural areas, crops, livestock and drinking water supplies.
This immunity from attack is partially lifted if these objects provide sustenance or di-
rect support of military forces and derogation is permitted in defense of an invasion on a
party’s own territory. The protocol also protects dams, dikes and nuclear electrical gen-
erating stations from attack, subject to those objects not providing support for military
operations. The protocol allows for the establishment of non-defended localities which
may not be the object of attack and demilitarized zones to which military operations
may not be extended unless otherwise agreed to by the belligerents.
Hardcopy: 1125 United Nations Treaty Series (UNTS) 3

Web Reference: http://www.unhchr.ch/html/menu3/b/93.htm
FAO Code of Conduct on the Distribution and Use of Pesticides

Objectives
The Code of Conduct on the Distribution and Use of Pesticides (Code) is a volun-
tary set of standards, adopted in 1985 under the auspices of the Food and Agricultural
Organization (FAO). Amended in 1990, it regulates the manufacture, distribution,
international trade, advertisement, and use of pesticides. It is based upon the belief
that governments and the pesticides industry have a shared responsibility for protect-
ing human health and the environment, and accordingly assigns specific tasks to each
of them. Governments have the overall responsibility for regulating the distribution and
1102
use of pesticides, while the pesticides industry should comply with the Code even in the
absence of local legislation. Exporting countries and the pesticides industry are called
upon to ensure that good trading practices are followed in the export of pesticides, par-
ticularly to countries without appropriate legislative or regulatory capacities.
Actions of Governments
The Code calls on governments to control the use and availability of pesticides.
Governments should restrict pesticides when appropriate either by not registering them
for use or by making them available only to specified users. In making their decisions
regarding the importation of pesticides, the Code urges the avoidance of restrictions
which are inconsistent with the General Agreement on Tariffs and Trade. In conjunc-
tion with the pesticides industry, governments should make provision for the safe stor-
age and disposal of pesticides.
The Pesticides Industry
The pesticides industry should test pesticides in accordance with “sound scientific
procedures” and ensure that all advertising is truthful and capable of substantiation.
Public interest environmental groups and international organizations should call atten-
tion to deviations from the Code’s advertising standards. The pesticides industry should
further ensure that the ingredients in the pesticides conform with both FAO and World
Health Organization (WHO) specifications and that the pesticides comply with FAO
and WHO guidelines for packaging, storage and disposal. Even where a control scheme
is in place, the pesticides industry should stop selling and should recall products when
their safe use seems unattainable.
Prior Informed Consent
The Code establishes a Prior Informed Consent procedure, whereby the export of
any pesticide which is banned or restricted for human health or environmental reasons
in the exporting country should not take place without the agreement of the importing
government. According to this procedure, notifications of national control actions are to
be transmitted to the FAO and to importing states. The Code envisages the FAO’s coop-
eration with UNEP in maintaining a database of control actions and decisions taken by
participating governments. The information the FAO receives is passed on to all other
participating governments. Importing governments then advise the FAO of their deci-
sion regarding the future acceptability of the pesticide concerned within their jurisdic-
tion. Subsequently, exporting governments should devise their pesticide exporters of the
relevant decisions of importing governments and should ensure that exports do not
occur contrary to the wishes of importing governments.
The Code seeks to ensure that governments monitor compliance with the Code and
contemplates periodic review with a view to updating as conditions require.
1103
A revised version was approved in November 2002 by the 123 Session of the FAO
Council. This was in lieu of the Rotterdam Convention, the changing policy and the
persistence of certain pesticides especially in developing countries. It asserts the need to
reduce risks associated with pesticides and the promotion of integrated pest manage-
4
ment and natural pest control system.
Web Reference: http://www.fao.org/
The Agreement Establishing the World Trade Organization

(April 15, 1994, Marrackech)
Institutional Framework
The Agreement establishing the World Trade Organization, otherwise known as

the WTO Agreement, provides the institutional framework for the conduct of trade
among its members. It embodies the agreements made by member states since 1947.
These include the 1947 General Agreement on Tariffs and Trade (GATT 1947), the
Multilateral Trade Agreements, and the Plurilateral Trade Agreements.
The Geneva-based World Trade Organization, or WTO, facilitates the implementa-
tion of the WTO Agreement and other multilateral and plurilateral trade agreements.
The organization provides the forum for negotiations among its members on multi-
lateral trade matters. These are listed in the annexes to the WTO Agreement. With
exceptions under the WTO Agreement multilateral trade agreements, the organization
is guided by the decisions, procedures, and practices of the GATT 1947.
Article XX (General Exceptions) of the GATT 1947 is particularly relevant to In-
ternational Environmental Law. It stipulates that, provided measures are not applied
in a manner that constitutes arbitrary or unjustifiable discrimination between countries
where the same conditions prevail or that they constitute a disguised restriction on
international trade, nothing in the GATT should prevent the adoption or enforcement of
measures:
(i) to protect human, animal, or plant life or health;
(ii) to conserve exhaustible natural resources, if such measures are taken to-
gether with restrictions on domestic production or consumption.
Web Reference:
http://www.wto.org/english/docs_e/legal_e/04-wto_e.htm
http://www.wto.org/english/docs_e/legal_e/legal_e.htm#wtoagreement
_______________________
4
1104
World Bank Operational Directive 4.00 Annex A: Environmental Assessment
Purpose
“Nature has been for me, for as long as I remember, a source of solace, inspiration,
adventure, and delight; a home, a teacher, a companion.” — Lorraine Anderson
(A. Oposa)
The World Bank’s 1989 Operational Directive on Environmental Assessment is de-

signed to disclose environmental issues arising from the Bank’s projects so that: (a)
these issues can be addressed on a timely and practical fashion, (b) project condition-
ality can be reduced by incorporating these issues into the project design, and (c) costs
and delays can be averted by otherwise unanticipated environmental problems. The
environmental assessment process also examines the project’s impact on health, cul-
tural property and tribal people. The initial decision as to what form, if any, the envi-
ronmental assessment should take is made by the Bank. However, the responsibility
1105
for conducting the environmental directive provides that the Bank should assist and
monitor the process, and should also provide training assistance to lenders so as to
improve their capabilities in conducting environmental assessments.
The operational directive provides for project-specific, regional, and sectoral envi-
ronmental assessments. It also provides for narrower-focused alternatives to environ-
mental assessment where appropriate. It also contemplates inter-agency coordination
and the involvement of affected groups and NGOs in carrying out the environmental
assessment.
Overall Feasibility Study
In most cases, the environmental assessment is to be part of the overall feasibility

study of the project. The operational directive contemplates environmental assessments
taking up between 5 to 10 percent of the cost of project preparation. The environmental
assessment’s findings ultimately form the basis of the environmental clearance that
precedes the authorization of negotiations by the Bank on the project concerned, and
also for decisions regarding specific loan conditionally and for supervising the environ-
mental aspects of the project’s implementation.
Web Reference:
http://www.worldbank.org/html/oprmanual/ods/400a.html
This was replaced by OD 4.01 in October 1991. This “recommended that the Envi-
ronmental Assessment Sourcebook, published in the World Bank’s Technical Papers
Series during fiscal 1991-92, be used for guidance throughout the environmental as-
sessment process. A complete e-copy of this sourcebook is available at
http://wbln0018.worldbank.org/essd/kb.nsf/0/7832e0f340c396218525
66740074ea37/$FILE/no1ea.pdf
——o0o——
1106
“In the Eyes of Nature, Man is Just
Another Species in Trouble
MISCELLANEOUS LAWS
CHAPTER CONTENTS
RESTRAINING ORDERS AND PRELIMINARY
SAMPLE LEGAL FORMS
INJUNCTION
Letter-Complaint, 1232
Prohibiting the Issuance of Restraining Or-
Complaint-Affidavit, 1233
ders and Preliminary Injunction, 1109
Notice to Sue for Violation of Solid Waste
In Government Projects, 1109 Management Act, 1237
In Natural Resources Projects, 1111 Affidavit-Complaint for Violation of Solid
HEALTH, FOOD AND DRUGS Waste Management Law, 1238
Complaint for the Violation of the Clean
Food and Drugs Law, 1113 Air Act For Mobile Sources, 1240
Generic Drugs Law, 1134 Complaint for the Violation of the Clean
Occupational Health and Safety, 1139 Air Act For Stationary Sources, 1241
Traditional and Alternative Medicine, 1143 Application for Search Warrant, 1250
Anti-Smoking Law, 1153 Searching Questions, 1251
An Act Prohibiting the Manufacture, Im- Search Warrant, 1253
portation, Distribution and Sale of Laundry
and Industrial Detergents Containing Hard RULES OF COURT
Surfactants, 1168 Depositions Pending Action, 1255
CRIMINAL LIABILITIES Depositions Pending Appeal, 1260
Interrogatories to Parties, 1262
Anti-Fencing Law, 1171 Admission by Adverse Party, 1262
Illegal Possession of Explosives, 1173 Production or Inspection of Things, 1263
Inquest Procedures, 1178 Physical and Mental Examination of Per-
Rights of Detained Persons, 1184 sons, 1263
Obstruction of Justice, 1187 Refusal to Comply with Modes of Discov-
Witness Protection Program, 1190 ery, 1265
OFFICIAL AND PUBLIC ACCOUNTABILITY LIBEL
Anti-Graft and Corrupt Practices Act, 1196 Privileged Communication, 1269
Criminal Liability of the Head of Of- (Alonzo v. CA)
fice, 1202 Truth as Defense, 1271
(Magsuci v. Sandiganbayan) (Vasquez v. CA, RTC)
Guilt Not Based on Presumption, 1204 GUIDELINES IN ADMINISTRATIVE RULE-
(Arias v. Sandiganbayan), MAKING
Proof of Actual Damage, 1204
Procedural Requirements for the Issuance
(Llorente v. Sandiganbayan)
of Administrative Regulations, 1274
Code of Conduct and Ethical Standards for
Public Officials, 1207
Ombudsman Act, 1216
CHAPTER IX: MISCELLANEOUS LAWS
Restraining Orders and Preliminary Injunction
Prohibiting the Issuance of Restraining Orders and Preliminary

Injunction In Government Projects (Republic Act 8975)
“There is a pleasure in the pathless woods,

There is a rapture on the lonely shore,
There is society, where none intrudes,
By the deep sea, and music in its roar:
I love not Man the Less,
But Nature more. . .”
— Lord Byron (1788-1824)
(A. Oposa)
SECTION 1. Declaration of Policy.—Article XII, Section 6 of the Constitution

states that the use of property bears a social function, and all economic agents shall
contribute to the common good. Towards this end, the State shall ensure the expedi-
1109
MISCELLANEOUS LAWS
tious and efficient implementation and completion of government infrastructure pro-

jects to avoid unnecessary increase in construction, maintenance and/or repair costs and
to immediately enjoy the social and economic benefits therefrom.
a. “National government projects“ shall refer to all current and future national
government infrastructure, engineering works, and service contracts, including projects
undertaken by government-owned and controlled corporations, all projects covered by
Republic Act No. 6975, as amended by Republic Act No. 7718, otherwise known as the
Build-Operate-and-Transfer Law, and other related and necessary activities, such as
the acquisition, supply and/or installation of equipment and materials, implementation,
construction, completion, operation, maintenance, improvement, repair and rehabilita-
tion, regardless of the source of funding.
b. “Service contracts” shall refer to infrastructure contracts entered into by any
department office or agency of the national government with private entities and non-
government organizations for services related or incidental to the functions and opera-
tions of the department, office, or agency concerned.
SEC. 3. Prohibition on the Issuance of Temporary Restraining Orders, Prelimi-
nary Injunctions and Preliminary Mandatory Injunctions.—No curt, except the Su-
preme Court, shall issue any temporary restraining order, preliminary injunction or
preliminary mandatory injunction against the government, or any of its subdivisions,
officials or any person or entity, whether public or private, acting under the govern-
ment’s direction, to restrain, prohibit or compel the following acts:
a. The acquisition, clearance and development of the right-of-way and/or site or
location of any national government project;
b. Bidding or awarding of contract/project of the national government as defined
under Section 2 hereof;
c. Commencement, prosecution, execution, implementation, operation of any
such contract or project;
d. Termination or rescission of any such contract/project; and
e. The undertaking or authorization of any other lawful activity necessary for
such contract/project.
This prohibition shall apply in all cases, disputes, or controversies instituted by a
private party, including but not limited to cases filed by bidders or those claiming to
have rights through such bidders involving such contract/project. This prohibition shall
not apply when the matter is of extreme urgency involving a constitutional issue, such
that unless a temporary restraining order is issued, grave injustice and irreparable
injury will arise. The applicant shall file a bond, in an amount to be fixed by the court,
which such bond shall accrue in favor of the government if the court should finally de-
cide that the applicant was not entitled to the relief sought.
1110
IN NATURAL RESOURCES PROJECTS
If after due hearing the court finds that the award of the contract is null and void,
the court may, if appropriate to the circumstances, award the contract to the qualified
and winning bidder or order a rebidding of the same, without prejudice to any liability
that the guilty party may incur under existing laws.
SEC. 4. Nullity of Writs and Orders.—Any temporary restraining order, pre-
liminary injunction or preliminary mandatory injunction issued in violation of Section 3
hereof is void and of no force and effect.
SEC. 5. Designation of Regional Trial Courts.—The Supreme Court may desig-
nate regional trial courts to act as commissioners with the sole function of receiving
facts of the case involving acquisition, clearance and development of right-of-way for
government infrastructure projects. The designated regional trial court shall within
thirty (30) days from the date of receipt of referral, forward its findings of facts to the
Supreme Court for appropriate action.
SEC. 6. Penal Sanction.—In addition to any civil and criminal liabilities he or she
may incur under existing laws, any judge who shall issue a temporary restraining order,
preliminary injunction or preliminary mandatory injunction in violation of Section 3
hereof, shall suffer the penalty of suspension of at least sixty (60) days without pay.
SEC. 7. Issuance of Permits.—Upon payment in cash of the necessary fees levied
under Republic Act No. 7160, as amended, otherwise known as the Local Government
Code of 1991, the governor of the province or mayor of a highly urbanized city shall
immediately issue the necessary permit to extract sand, gravel and other quarry re-
sources needed in government projects. The issuance of said permit shall consider envi-
ronmental laws, land use ordinances and the pertinent provisions of the Local Govern-
ment Code relating to environment.
SEC. 8. Separability Clause.—If any provision of this Act is declared unconstitu-
tional or invalid, other parts or provisions hereof not affected thereby shall continue to
be in full force and effect.
SEC. 9. Repealing Clause.—All laws, decrees, including Presidential Decree
Nos. 605, 1818 and Republic Act No. 7160, as amended, orders, rules, and regulations or
parts thereof inconsistent with this Act are hereby repealed or amended accordingly.
ing its publication in at least two (2) newspapers of general circulation.
Approved on November 7, 2000.
NB: See Supreme Court Decision of Hernandez v. National Power Corp., et al.
in earlier Chapter.
In Natural Resources Projects (Presidential Decree 605)

Whereas, it has been common practice for courts to issue preliminary injunctions
and/or preliminary mandatory injunctions in disputes involving or growing out of the
issuance, suspension, revocation, approval or disapproval of any concession, license,
1111
MISCELLANEOUS LAWS
permit, patent or public grant of any kind for the disposition, exploitation, utilization,
exploration and development of the natural resources of the country;
Whereas, such undesirable practice has resulted in confusion and in the disruption
of the smooth functioning of the administrative machinery having charge of the natural
resources of the country;
“I really wonder what gives us the right to wreck this poor planet of ours.”— Kurt
Vonnegut, Jr.
(A. Oposa)
Whereas, another consequence of such practice is the substitution by courts of

their judgments for those of the public administrative officials or bodies entrusted by
law with the above-mentioned functions and jurisdictions;
Whereas, such practice has likewise been a contributory deterrent to the develop-
ment and exploitation of our natural resources, thereby hindering the economic devel-
opment of the country;
Whereas, even under the Industrial Peace Act (Republic Act. No. 875) issuance by
courts of restraining orders or injunctive reliefs in cases involving or growing out of
labor disputes are prescribed in order not to frustrate, blunt or destroy the effect of
concerted coercive measures which employees are allowed to resort to under the Act,
and a similar purpose of preventing the nullification or the defeat of grants or denials to
1112
FOOD AND DRUGS LAW
citizens of privileges in the development of the country’s natural resources would be

served by banning the issuance of injunctions in cases involving such privileges.
the powers vested in me by the Constitution, do hereby decree and order the following
as part of the law of the land:
SECTION 1. No court of the Philippines shall have jurisdiction to issue any re-
straining order, preliminary injunction or preliminary mandatory injunction in any case
involving or growing out of the issuance, approval or disapproval, revocation or suspen-
sion of, or any action whatsoever by the proper administrative official or body on con-
cessions, licenses, permits, patents, or public grants of any kind in connection with the
disposition, exploitation, utilization, exploration, and/or development of the natural
resources of the Philippines.
SEC. 2. All laws, orders, decrees, instructions, rules and regulations inconsis-
tent with this decree are hereby repealed and/or set aside or modified accordingly.
HEALTH, FOOD AND DRUGS
Food and Drugs Law (Republic Act 3720)1

Chapter I — Title
2
SECTION 1. This Act shall be known as the “Food, Drug, and Cosmetic Act.”
3
Chapter II .—Declaration of Policy
4
SEC. 2. It is hereby declared the policy of the State to insure safe and good
quality supply of food, drug and cosmetic, and to regulate the production, sale, and
traffic of the same to protect the health of the people.
5
SEC. 3. In the implementation of the foregoing policy, the Government shall in
accordance with the provisions of this Act:
a. Establish standards and quality measures for food, drug, and cosmetic.
b. Adopt measures to insure pure and safe supply of food, drug, and cosmetic in
the country.
_______________________
1
2
3
Amended by Sections 5 and 6 of E.O. 175.
4
5
Amended by Section 9 of E.O. 175.
1113
MISCELLANEOUS LAWS
Chapter III
Creation of the Food and Drug Administration
SEC. 4. To carry out the provisions of this Act, there is hereby created an office
to be called the Food and Drug Administration in the Department of Health. Said Ad-
ministration shall be under the Office of the Secretary and shall have the following
functions, powers and
duties:
a. To administer and
supervise the implemen-
tation of this Act and of the
rules and regulations is-
sued pursuant to the same.
b. To provide for the
collection of samples of
food, drug and cosmetic.
c. To analyze and in-
spect food, drug and cos-
metic in connection with the
d. To establish ana-
lytical data to serve as
basis for the preparation of
food, drug and cosmetic “Those concerned with the fight against disease know that our
bodies are designed to overcome disease processes before they
standards, and to recom-
become established. Our systems are readily disrupted by
mend standards of identity, toxins and an absence of sufficient quantities of nutrients.” —
purity, quality and fill of Nutritional Cancer Therapy Trust
container. (A. Oposa)
e. To issue certifi-
cate of compliance with technical requirements to serve as basis for the issuance of
license and spot-check for compliance with regulations regarding operation of food, drug
and cosmetic manufacturers and establishments.
f. To levy, assess and collect fees for inspection, analysis and testing of products
and materials submitted in compliance with the provisions of this Act.
g. To certify batches of anti-biotic and anti-biotic preparations in compliance with
SEC. 5. The Food and Drug Administration shall have the following Divisions:
a. Inspection and Licensing Division, which shall have charge of the inspection of
food, drug, and cosmetic establishments engaged in their manufacture and sale.
1114
FOOD AND DRUGS LAW
b. Laboratory Division, which shall conduct all the tests, analyses and trials of
products covered by this Act.
SEC. 6. The Food and Drug Administration shall have a Food and Drug Admin-
istrator who shall be appointed by the Secretary of Health subject to the Civil Service
rules and regulations. The compensation of said official shall be determined by the Sec-
retary of Health.
SEC. 7. The Secretary of Health shall provide for the additional personnel
needed to carry out the functions and duties of the Food and Drug Administration.
SEC. 8. The powers, functions and duties of the Division of Food and Drug Test-
ing of the Bureau of Research and Laboratories and the Board of Food Inspection, all
personnel in the Bureau of Health Services who are engaged in food and drug control
work, together with all their equipment, supplies, records, files, personnel and balance
of appropriations are transferred to the Food and Drug Administration.
Chapter IV
Board of Food and Drug Inspection
SEC. 9. The Board of Food Inspection is hereby converted into the Board of Food
and Drug Inspection which shall consist of:
a. A representative of the Department of Health to be designated by the Secre-
tary of Health, as Chairman;
b. A representative of the Department of Agriculture and Natural Resources;
c. A representative of the Department of Commerce and Industry;
d. An authorized designate of the Commissioner of Customs;
e. An authorized representative of the Office of the Solicitor-General;
f. A technical member to be designated by the Food and Drug Administrator
with the approval of the Secretary of Health.
g. The President of the Philippine Medical Association of his authorized repre-
sentative;
h. The President of the Philippine Dental Association or his authorized represen-
tative; and
i. The President of the Philippine Pharmaceutical Association or his authorized
representative.
Each member of the Board as well as the Board secretary shall receive a per diem
of twenty pesos per meeting, hearing or investigation actually attended, but in no case
shall the total per diem exceed two hundred pesos each per month.
It shall be the duty of the Board, conformably with the rules and regulations, to
hold hearings and conduct investigations relative to matters touching the administra-
1115
MISCELLANEOUS LAWS
tion of this Act, to investigate processes of food, drug and cosmetic manufacture and to
submit reports to the Food and Drug Administrator, recommending food and drug stan-
dards for adoption. Said Board shall also perform such additional functions, properly
within the scope of the administration hereof, as may be assigned to it by the Food and
Drug Administrator. The decisions of the Board shall be advisory to the Food and Drug
Administrator.
CHAPTER V
Definitions
6
SEC. 10. For the purposes of this Act, the term:
a. “Board” means the Board of Food and Drug Inspection.
b. “Secretary” means the Secretary of Health.
c. “Department” means the Department of Health.
d. “Person” includes individual, partnership, corporation and association.
e. “Food” means (1) articles used for food or drink for man, (2) chewing gum, and
(3) articles used for components of any such article.
f. “Drug” means (1) articles recognized in the official United States Pharmaco-
poeia, official Momeopathic Pharmacopoeia of the United States, of official National
Formulary, or any supplement to any of them; and (2) articles intended for use in the
diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals;
and (3) articles (other than food) intended to affect the structure or any function of the
body of man or animals; and (4) articles intended for use as a component of any articles
specified in clauses (1), (2), or (3), but not Iinclude devices or their components, parts, or
accessories.
g. “Device” means instruments, apparatus, or contrivances, including their com-
ponents, parts, and accessories, intended (1) for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in man or animals; or (2) to affect the structure or
any function of the body of man or animals.
h. “Cosmetic” means (1) articles intended to be rubbed, poured, sprinkled, or
sprayed on, introduced into, or otherwise applied to the human body or any part thereof
for cleansing, beautifying, promoting attractiveness, or altering the appearance, and (2)
articles intended for use as a component of any such articles.
i. “Label” means a display of written, printed, or graphic matter upon the imme-
diate container of any article and a requirement made by or under authority of this Act
that any word, statement, or other information appearing on the label shall not be con-
sidered to be complied with unless such word, statement, or other information also
_______________________
6
1116
FOOD AND DRUGS LAW
appears on the outside container or wrapper, if any there be, of the retail package of
such article, or is easily legible through the outside container or wrapper.
j. “Immediate container” does not include package liners.
k. “Labeling” means all labels and other written, printed, or graphic matter (1)
upon any article or any of its containers or wrappers, or (2) accompanying such article.
l. “New drugs” mean:
1. any drug the composition of which is such that said drug is not generally
recognized, among experts qualified by scientific training and experience to evalu-
ate the safety of drugs, as safe for use under the conditions prescribed, recom-
mended, or suggested in the labeling thereof.
2. any drug the composition of which is such that said drug, as a result of
investigations to determine its safety for use under such conditions, has become so
recognized, but which has not, otherwise than in such investigations, been used to
a material extent or for a material time under such conditions.
m. If an article is alleged to be misbranded because the labeling is misleading,
then in determining whether the labeling is misleading there shall be taken into ac-
count (among other things) not only representations made or suggested by statement,
word, design, device, or any combination thereof, but also the extent to which the label-
ing fails to reveal facts material in the light of such representations or material with
respect to consequences which may result from the use of the article to which the label-
ing relates under the conditions of use prescribed in the labeling thereof or under such
conditions of use as are customary or usual.
n. “Food additive” means any substance the intended use of which results or may
reasonably be expected to result, directly or indirectly, in its becoming a component or
otherwise affecting the characteristics of any food (including any substance intended for
use in producing, manufacturing, packing, processing, preparing, treating, packaging,
transporting, or holding food; and including any source of radiation intended for any
such use), if such substance is not generally recognized, among experts qualified by
scientific training and experience to evaluate its safety, as having been adequately
shown through scientific procedures to be safe under the conditions of its intended use.
Chapter VI
Prohibited Acts and Penalties
Prohibited Acts
7
SEC. 11. The following acts and the causing thereof are hereby prohibited:
_______________________
7
1117
MISCELLANEOUS LAWS
a. The manufacture, sale, offering for sale or transfer of any food, drug, device or
cosmetic that is adulterated or misbranded.
b. The adulteration or misbranding of any food, drug, device, or cosmetic.
c. The refusal to permit entry or inspection as authorized by Section twenty-
seven hereof or to allow samples to be collected.
d. The giving of a guaranty or undertaking referred to in Section twelve (b)
hereof which guaranty or undertaking is false, except by a person who relied upon a
guaranty or undertaking to the same effect signed by, and containing the name and
address of, the person residing in the Philippines from whom he received in good faith
the food, drug, device, or cosmetic or the giving of a guaranty or undertaking referred to
in Section twelve (b) which guaranty or undertaking is false.
e. Forging, counterfeiting, simulating, or falsely representing or without proper
authority using any mark, stamp, tag label, or other identification device authorized or
required by regulations promulgated under the provisions of this Act.
f. The using by any person to his own advantage, or revealing, other than to the
Secretary or officers or employees of the Department or to the courts when relevant in
any judicial proceeding under this Act, any information acquired under authority of
Section nine, or concerning any method or process which as a trade secret is entitled to
protection.
g. The alteration, mutilation, destruction, obliteration, or removal of the whole or
any part of the labeling of, or the doing of any other act with respect to, a food, drug,
device, or cosmetic, if such act is done while such article is held for sale (whether or not
the first sale) and results in such article being adulterated or misbranded.
h. The use, on the labeling of any drug or in any advertising relating to such
drug, of any representation or suggestion that an application with respect to such drug
is effective under Section twenty-one hereof, or that such drug complies with the provi-
sions of such section.
i. The use, in labeling, advertising or other sales promotion of any reference to
any report or analysis furnished in compliance with Section twenty-six hereof.
8
SEC. 12. Penalties.—
a. Any person who violates any of the provisions of Section eleven hereof shall,
upon conviction, be subject to imprisonment of not less than six months and one day,
but not more than five years, or a fine of not less than one thousand pesos, or both such
imprisonment and fine, in the discretion of the Court.
b. No person shall be subject to the penalties of subsection (a) of this section (1)
for having sold, offered for sale or transferred any article and delivered it, if such deliv-
ery was made in good faith, unless he refuses to furnish on request of the Board of Food
_______________________
8
1118
FOOD AND DRUGS LAW
and Drug Inspection or an officer or employee duly designated by the Secretary, the
name and address of the person from whom he purchased or received such article and
copies of all documents, if any there be, pertaining to the delivery of the article to him;
(2) for having violated Section eleven (a) if he established a guaranty or undertaking
signed by, and containing the name and address of, the person residing in the Philip-
pines from whom he received in good faith the article, or (3) for having violated Section
eleven (a), where the violation exists because the article is adulterated by reason of
containing a coal-tar color not permissible under regulations promulgated by the Secre-
tary under this Act, if such person establishes a guaranty or undertaking signed by, and
containing the name and address, of the manufacturer of the coal-tar color, to the effect
that such color is permissible, under applicable regulations promulgated by the Secre-
tary under this Act.
c. any article of food, drug, device, or cosmetic that is adulterated or misbranded
when introduced into the domestic commerce may be seized and held in custody pend-
ing proceedings pursuant to Section twenty-six.
d. hereof, without a hearing or court order, when the Secretary has probable
cause to believe from facts found by him or any officer or employee of the Food and Drug
Administration that the misbranded article is dangerous to health, or that the labeling
of the misbranded articles is fraudulent, or would be in a material respect misleading to
the injury or damage of the purchaser or consumer.
Chapter VII
Definition and Standards for Food
SEC. 13. Whenever in the judgment of the Secretary such action will promote
honesty and fair dealing in the interest of consumers, he shall, upon recommendation of
the Food and Drug Administrator, promulgate regulations fixing and establishing for
any food, under its common or usual name so far as practicable, a reasonable definition
and standard of identity, a reasonable standard of quality, and/or reasonable standards
of fill of container: Provided, That no definition and standard of identity and no stan-
dard of quality shall be established for fresh or dried fruits, fresh or dried vegetables.
Adulterated Food
SEC. 14. A food shall be deemed to be adulterated.—

a. 1. If it bears or contains any poisonous or deleterious substance which may
render it injurious to health; but in case the substance is not an added substance such
food shall not be considered adulterated under this clause if the quantity of such sub-
stance in such food does not ordinarily render it injurious to health;
2. if it bears or contains any added poisonous or added deleterious substance
other then one which is a pesticide chemical in or a raw agricultural commodity for
which tolerances have been established and it conforms to such tolerances;
1119
MISCELLANEOUS LAWS
3. if it consists in whole or in part of any filthy, putrid, or decomposed sub-

stance, or if it is otherwise unfit for food:
4. if it has been prepared, packed, or held under unsanitary conditions
whereby it may have become contaminated with filth, or whereby, it may have
been rendered injurious to health;
5. if it is, in whole or in part, the product of a diseased animal or of an animal
which has died otherwise than by slaughter;
6. if its container is composed, in whole or in part, of any poisonous or delete-
rious substance which may render the contents injurious to health.
b. 1. If any valuable constituent has been, in whole or in part, omitted or ab-
stracted therefrom and same has not been substituted by any healthful equivalent of
such constituent;
2. if any substance injurious to health has been added or substituted;
3. if damage or inferiority has been concealed in any manner; and
4. if any substance has been added thereto or mixed or packed therewith so
as to increase its bulk or weight, or reduce its quality or strength, or make it ap-
pear better or of greater value than it is.
c. If it bears or contains a coal-tar color other than one which is permissible un-
der existing regulations;
d. If it is confectionery, and it bears or contains any alcohol or non-nutritive arti-
cle or substance except harmless coloring, harmless flavoring, harmless resinous glass
less coloring, harmless flavoring, harmless resinous glass not in excess of four-tenths of
one per centum, natural gum and pectin: Provided, That this paragraph shall not apply
to any confectionery by reason of its containing less than one-half of one per centum by
volume of alcohol derived solely from the use of flavoring extracts, or to any chewing
gum by reason of its containing harmless non-nutritive masticatory substances;
e. If it is oleomargarine or margarine or butter and any of the raw material used
therein consists in whole or in part of any filthy, putrid or decomposed substance, or
such oleomargarine, margarine or butter is otherwise unfit for food.
Misbranded Food
SEC. 15. A food shall be deemed to be misbranded.—

a. If its labeling is false or misleading in any particular;
b. If it is offered for sale under the name of another food;
c. If it is an imitation of another food, unless its label bears in types of uniform
size and prominence, the word “imitation” and, immediately thereafter, the name of the
food imitated;
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FOOD AND DRUGS LAW
d. If its container is so made, formed, or filled as to be misleading;

e. If in package form unless it bears a label containing (1) the name and place of
business of the manufacturer, packer, distributor; and (2) an accurate statement of the
quantity of the contents in terms of weight, measure, numerical count: Provided, That
under clause (2) of this paragraph reasonable variations shall be permitted, and exemp-
tions as to small packages shall be established, by regulations prescribed by the Secre-
tary.
f. If any word, statement, or other information required by or under authority of
this Act to appear on the label or labeling is not prominently placed thereon with such
conspicuousness (as compared with other words, statements, designs, or devices, in the
labeling), and in such terms as to render it likely to be read and understood by the ordi-
nary individual under customary conditions of purchase and use.
g. If it purports to be or is represented as a food for which a definition and stan-
dard of identity has been prescribed unless (1) it conforms to such definition and stan-
dard, and (2) its label bears the name of the food specified in the definition and stan-
dard, and, insofar as may be required by such regulations, the common names of op-
tional ingredients (other than spices, flavoring, and coloring) present in such food.
h. If it purports to be or is represented as —
1. A food for which a standard of quality has been prescribed by regulations
as provided by Section thirteen, and its quality falls below such standard, unless
its label bears, in such manner and form as such regulations specify, a statement
that it falls below such standard; or
2. a food for which a standard or standards of fill of container have been pre-
scribed by regulations as provided by Section thirteen and it falls below the stan-
dard of fill of container applicable thereto, unless its label bears, in such manner
and form as such regulations specify, statement that if falls below such standard.
i. If it is not subject to the provisions of paragraph (g) of this section unless its
label bears (1) the common or usual name of the food, if there be any, and (2) in case it
is fabricated from two or more ingredients, the common or usual name of each such
ingredient; except that spices, flavorings, and colorings, other than those sold as such,
may be designated as spices, flavorings and colorings without naming each: Provided,
That to the extent that compliance with the requirements of clause (2) of this paragraph
is impracticable or results in deception or unfair competition, exemptions shall be estab-
lished by regulations promulgated by the Secretary.
j. If it purports to be or is represented for special dietary uses, unless its label
bears such information concerning its vitamin, mineral and other dietary properties as
the Secretary determined to be, and by regulations prescribes as necessary in order
fully to inform purchasers as to its value for such uses.
k. If it bears or contains any artificial flavoring, artificial coloring, or chemical
preservative, unless it bears labeling stating that fact: Provided, That to the extent that
1121
MISCELLANEOUS LAWS
compliance with the requirements of this paragraph is impracticable, exemptions shall

be established by regulations promulgated by the Secretary. The provisions of this
paragraph or paragraphs (g) and (i) with respect to artificial coloring shall not apply in
the case of butter, cheese or ice cream.
Emergency Permit Control
SEC. 16. —
a. Whenever the Secretary finds after investigation that the sale or distribution
in domestic commerce of any class of food may be injurious to health, and that such
injurious nature cannot be adequately determined after such articles have entered do-
mestic commerce, he shall promulgate regulations also in accordance with the recom-
mendations of the Food and Drug Administrator providing for the issuance, to manufac-
turers, processors, or packers of such class of food in such locality, of permits to which
shall be attached such conditions governing the manufacture, processing, or packing of
such class of food, for such temporary period of time, as may be necessary to protect the
public health; and after the effective date of such regulations, and during such tempo-
rary period, no person shall manufacture, sell or offer for sale or transfer any such food
manufactured, processed, or packed by any such manufacturer, processor, or packer
unless such manufacturer, processor or packer holds a permit issued by the Secretary
as provided by such regulations.
b. The Secretary is authorized to suspend immediately upon notice any permit
issued under authority of this section if it is found that any of the conditions of the per-
mit have been violated.
c. Any officer or employee duly designated by the Secretary shall have access to
any factory or establishment, the operator of which holds a permit from the Secretary,
for the purpose of ascertaining whether or not the conditions of the permit are being
complied with, and denial of access for such inspection shall be ground for suspension of
the permit until such access is freely given by the operator.
Tolerances for Poisonous Ingredients in Food

Coal-Tar Color for Food
SEC. 17.—
a. Any poisonous or deleterious substance added to any food, shall be deemed to
be unsafe except when such substance is required or cannot be avoided in its production
or manufacture. In such case the Secretary shall promulgate, upon recommendation of
the Food and Drug Administrator, regulations limiting the quantity therein to such
extent as he finds necessary for the protection of public health, and any quantity ex-
ceeding the limits so fixed shall also be deemed to be unsafe. In determining the quan-
tity of such added substance to be tolerated in different articles of food the Secretary
shall take into account the extent to which the use of such article is required or cannot
1122
FOOD AND DRUGS LAW
be avoided in the production or manufacture of such article and the other ways in which
the consumer may be affected by the same or other poisonous or deleterious substances.
b. The Secretary shall, upon recommendation of the Food and Drug Administra-
tor, promulgate regulations providing for the listing of coal-tar colors which are harm-
less and suitable for use in food.
Chapter VIII
Drug and Devices
Adulterated Drugs and Devices
9
SEC. 18. A drug or device shall be deemed to be adulterated:—
a. (1) If it consists in whole or in part of any filthy, putrid, decomposed sub-
stance; or (2) if it has been prepared, packed, or held under unsanitary conditions con-
taminated with filth or whereby it may have been rendered injurious to health; or (3) if
it is a drug and its container
is composed, in whole or in
part, of any poisonous or
deleterious substance which
may render the contents
injurious to health; or (4) if it
is a drug and it bears or
contains, for purposes of
coloring only, a coal-tar color
other than a permissible one.
b. If it purports to be
or is represented as a drug
the name of which is re-
cognized in an official com-
pendium, and its strength
differs from, or its quality or
“As long as I retain my feeling and my passion for Nature, I
purity falls below, the stan-
can partly soften or subdue my other passions and resist or
dard set forth in such com- endure those of others.”— Lord Byron
pendium, except that when- (Cora Claudio)
ever tests or methods of
assay as are prescribed are, in the judgment of the Secretary, insufficient for the mak-
ing of such determination the Secretary, shall promulgate, upon recommendation of
the Food and Drug Administrator, regulations prescribing appropriate tests or meth-
ods of assay in accordance with which such determination as to strength, quality or
purity shall be made. No drug defined in an official compendium shall be deemed to be
_______________________
9
1123
MISCELLANEOUS LAWS
adulterated under this paragraph because it differs from the standard of strength,
quality or purity in strength, quality, or purity from such standards is plainly stated
on its label.
c. If it is not subject to the provisions of paragraph (b) of this section and its
strength differs from, or its purity of quality falls below, that which it purports or its
represented to possess.
d. If it is a drug and any substance has been (1) mixed or packed therewith so as
to reduce its quality or strength or (2) substituted wholly or in part therefore.
MISBRANDED DRUGS AND DEVICES

10
SEC. 19. A drug or device shall be deemed to be misbranded:—
a. If its labeling is false or misleading in any particular.
b. If in a package form unless it bears a label containing (1) the name and place
of business of the manufacturer, packer, or distributor; (2) an accurate statement of the
quantity of the contents in terms of weight, measure, or numerical count: Provided,
That reasonable variations shall be permitted and exemptions as to small packages
shall be established by regulations prescribed by the Secretary.
c. If any word, statement, or other information required by or under authority of
this Act to appear on the label or labeling is not prominently placed thereon with such
labeling) and in such terms as to render it likely to be read and understood by the ordi-
d. If it is for use by man and contains any quantity of the narcotic or hypnotic
substance alpha-eucaine, barbituric acid, beta-eucaine, bromal, cannabis, cabromal,
chloral, coca, cocaine, codeine, heroin, marihuana, morphine, opium, paraldehyde, pe-
yote, or sulfonmethane; or any chemical derivative of such substance, which derivative
has been recommended by the Secretary, after investigation, and by regulations, desig-
nated as, habit forming; unless its label bears the name, and quantity or proportion of
such substance or derivative and in juxtaposition therewith the statement “Warning —
May be habit forming.”
e. If it is a drug and is not designated solely by a name recognized in an official
compendium unless its label bears (1) the common or usual name of the drug, if such
there be; and (2) in case it is fabricated from two or more ingredients, the common or
usual name of each active ingredient, including the quantity, kind, and proportion of
any alcohol, and also including whether active or not, the name and quantity of propor-
tion of any bromides, ether, chloroform, acetanilid, acetophenetidin, amidopyrine, anti-
pyrine, atropine, hyoscine, hyoscyamine, arsenic, digitalis, digitalis glucosides mercury,
ouabain, strophantin, strychnine, thyroid, or any derivative or preparation of any such
_______________________
10
1124
FOOD AND DRUGS LAW
substances, contained therein: Provided, That where compliance with this paragraph in
impracticable, exemptions shall, upon recommendation of the Food and Drug Adminis-
trator, be established by regulations promulgated by the Secretary.
f. Unless its labeling bears (1) adequate directions for use; and (2) such adequate
warnings against use in those pathological conditions or by children where its use may
be dangerous to health, or against unsafe dosage or methods or duration of administra-
tion or application, in such manner and form, as necessary for the protection of users:
Provided, That where any requirement of clause (1) of this paragraph, as applied to any
drug or device, is not necessary for the protection of the public health, the Secretary
shall, upon recommendation of the Food and Drug Administrator, promulgate regula-
tions exempting such drug or device from such requirement.
g. If it purports to be a drug the name of which is recognized in an official com-
pendium, unless it is packaged and labeled as prescribed therein: Provided, That the
method of packing may be modified with the consent of the Secretary.
h. If it has been found by the Secretary to be a drug liable to determination,
unless it is packaged in such form and manner, and its label bears a statement of such
precautions, as the Secretary shall by regulations require as necessary for the protec-
tion of the public health.
i. 1. If it is a drug and its container is so made, formed, or filled as to be mis-
leading; or
2. if it is an imitation of another drug; or
3. if it is offered for sale under the name of another drug.
j. If it is dangerous to health when used in the dosage, or with the frequency of
duration prescribed, recommended or suggested in the labeling thereof.
k. If it is, or purports to be, or is represented as a drug composed wholly or partly
of any kind of penicillin, streptomycin, chlortetracycline, chloramphenicol, bacitracin, or
any other anti-biotic drug, or any derivative thereof, unless (1) it is from a batch with
respect to which a certificate of release has been issued pursuant to Section twenty-two
(a), and (2) such certificate of release is in effect with respect to such drug: Provided,
That this paragraph shall not apply to any drug or class of drugs exempted by regula-
tions promulgated under Section twenty-one (a), (b) and (c).
Exemption in Case of Drugs and Devices

11
SEC. 20.
a. The Secretary is hereby directed to promulgate regulations exempting from
any labeling or packaging requirement of this Act drugs and devices which are, in ac-
cordance with the practice of the trade, to be processed, labeled, or repacked in substan-
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11
1125
MISCELLANEOUS LAWS
tial quantities at establishments other than those where originally processed or packed,
on condition that such drugs and devices are not adulterated or misbranded, under the
provisions of this Act upon removal from such processing, labeling, or repacking estab-
lishment.
b. 1. Drugs intended for use by man which:
a. are habit-forming
b. because of its toxicity or other potentiality for harmful effect, or the
method of its use is not safe for use except under the supervision of a practi-
tioner licensed by law to administer such drug;
c. are new drugs whose application are limited to investigational use
shall be dispensed only (1) upon a written prescription of a practitioner li-
censed by law to administer such drug, or (2) upon an oral prescription of such
practitioner which is reduced promptly to writing and filed by the pharmacist,
or (3) by refilling any such written or oral prescription if such refilling is au-
thorized by the prescriber either in the original prescription or by oral order
which is reduced promptly to writing and filed by the pharmacist. The act of
dispensing a drug contrary to the provisions of this paragraph shall be deemed
to be an act which results in the drug being misbranded while held for sale.
2. Any drug dispensed by filling or refilling a written prescription of a practi-
tioner licensed by law to administer such drug shall be exempt from the require-
ments of Section nineteen, except paragraphs (a), (1), (2) and (3), and the packag-
ing requirements of paragraphs (g) and (h), if the drug bears a label containing the
name and address of the dispenser, the serial number and date of the prescription
or of its filling, the name of prescriber, and, if stated in the prescription the name
of the patient, and the directions of use and cautionary statements, if any, con-
tained in such prescription.
3. The Secretary may by regulation remove drugs subject to Section nineteen
(d) and Section twenty-one from the requirements of Subsection (b) (1) of this Sec-
tion, when such requirements are not necessary for the protection of the public
health.
4. A drug which is subject to subsection (b) (1) of this section shall be deemed
to be misbranded if at any time prior to dispensing, its label fails to bear the state-
ment “Caution: Food, Drug and Cosmetics Law prohibits dispensing without pre-
scription.” A drug to which subsection (b) (1) of this Section does not apply shall be
deemed to be misbranded if at any time prior to dispensing, its label bears the cau-
tion statement quoted in the preceding sentence.
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FOOD AND DRUGS LAW
12
New Drugs
13
SEC. 21.
a. No person shall manufacture, sell, offer for the sale or transfer any new drug,
unless an application filed pursuant to subsection (b) is effective with respect to such
drug.
b. Any person may file with the Secretary, thru the Food and Drug Administra-
tion, an application with respect to any drug subject to the provisions of subsection (a).
Such persons shall permit to the Secretary thru the Food and Drug Administration as a
part of the application (1) full reports of investigations which have been made to show
whether or not such drug is safe for use; (2) a full list of the articles used as components
of such drug; (3) a full statement of the composition of such drug; (4) a full description of
the methods used in and the facilities and controls used for the manufacture, process-
ing, and packing of such drug; (5) such samples of such drug and of the articles used as
components hereof as the Secretary may require; and (6) specimens of the labeling pro-
posed to be used for such drug.
c. Within one hundred and eighty days after the filing of an application under
this subsection, or such additional period as may be agreed upon by the Secretary and
the applicant, the Secretary shall either — (1) approve the application if he then finds
that none of the grounds for denying approval specified in subsection (d) applies, or (2)
give the applicant notice of an opportunity for a hearing before the Secretary under
subsection (d) on the question whether such application is approvable.
d. If the Secretary finds, after due notice to the applicant and giving him an op-
portunity for a hearing, that (1) the investigation, reports of which are required to be
submitted to the Secretary pursuant to subsection (b), do not include adequate tests by
all methods reasonably applicable to show whether or not such drug is safe for use un-
der the conditions prescribed, recommended, or suggested in the proposed labeling
thereof; (2) the results of such tests show that such drug is unsafe for use under such
conditions or do not show that such drug is safe for use under such conditions; (3) the
methods used in, and the facilities and controls used for the manufacture, processing,
and packing of such drug are inadequate to preserve its identity, strength, quality, and
purity; or (4) upon the basis of the information submitted to him as part of the applica-
tion, or upon the basis of any other information before him with respect to such drug, he
has insufficient information to determine whether such drug is safe for use under such
conditions; or (5) evaluated on the basis of the information submitted to him as part of
the application, and any other information before him with respect to such drug, there
is a lack of substantial evidence that the drug will have the effect it purports or is rep-
resented to have under the conditions of use prescribed, recommended, or suggested in
the proposed labeling thereof; or (6) based on a fair evaluation of all material facts, such
_______________________
12
13
1127
MISCELLANEOUS LAWS
labeling is false or misleading in any particular; he shall issue an order refusing to

approve the application.
e. The effectiveness of an application with respect to any drug shall, after due no-
tice and opportunity for hearing to the applicant, by order of the Secretary be sus-
pended if the Secretary finds (1) that clinical experience, tests by new methods, or tests
by methods not deemed reasonably applicable when such application became effective
show that such drug is unsafe for use under the conditions of use upon the basis of
which the application became effective, or (2) that the application contains any untrue
statement of a material fact. The order shall state the findings upon which it is based.
f. An order refusing to permit an application with respect to any drug to become
effective shall be revoked whenever the Secretary finds that the facts so require.
g. The Secretary shall promulgate regulations for exempting from the operation
of this section drugs intended solely for investigational use by experts qualified by sci-
entific training and experience to investigate the safety and effectiveness of drugs.
14
Chapter IX
Certification of Drugs containing Penicillin, Streptomycin,
Chlortetracycline, Chloramphenicol or Bacitracin
15
SEC. 22.
a. The Secretary, pursuant to regulations promulgated by him shall provide for
the certification of batches of drugs composed wholly or partly of any kind of penicillin,
streptomycin, chlortetracycline, chloramphenicol, bacitracin, or any anti-biotic drug, or
any derivative thereof. A batch of such drug shall be certified if such drug has such
characteristics of identity, strength, quality and purity, as the Secretary prescribes in
such regulations as necessary to adequately insure safety and efficacy of use, but shall
not otherwise be certified. Prior to the effective date of such regulations the Secretary,
in lieu of certification, shall issue a release for any batch which, in his judgment, may
be released without risk as to the safety and efficacy of its use. Such release shall pre-
scribe the date of its expiration and other conditions under which it shall cease to be
effective as to such batch and as to portions thereof. For purposes of this section and of
Section nineteen (k), the term “anti-biotic drug” means any drug intended for use by
man containing any quantity of any chemical substance which is produced by micro-
organism and which has the capacity to inhibit or destroy micro-organism in dilute
solution (including the chemically synthesized equivalent of any such substance).
b. Whenever in the judgment of the Secretary, the requirements of this section
and of Section nineteen (k) with respect to any drug or class of drugs are not necessary
_______________________
14
15
1128
FOOD AND DRUGS LAW
to insure safety and efficacy of use, the Secretary shall promulgate regulations exempt-
ing such drug or class of drugs from such requirements.
c. The Secretary shall promulgate regulations exempting from the requirement
of this section and of Section nineteen (k), (1) drugs which are to be stored, processed
labeled, or repacked at establishments other than those where manufactured, on condi-
tion that such drugs comply with all such requirements upon removal from such estab-
lishments; (2) drugs which conform to applicable standards of identity, strength, qual-
ity, and purity prescribed by these regulations and are intended for use in manufactur-
ing other drugs; and (3) drugs which are intended for investigational use by experts
qualified by scientific training and experience to investigate the safety and efficacy of
drugs.
Chapter X
Cosmetics
Adulterated Cosmetics
SEC. 23. A cosmetic shall be deemed to be adulterated:—

a. If it bears or contains any poisonous or deleterious substances which may ren-
der it injurious to users under the conditions of use prescribed in the labeling thereof, or
under the conditions of use as are customary or usual: Provided, That this provision
shall not apply to coal-tar hair dye, the label of which bears the following legend con-
spicuous displayed thereon: “Caution: — This product contains ingredients which may
cause skin irritation on certain individuals and a preliminary test according to accom-
panying directions should first be made. This product must not be used for dyeing the
eyelashes or eyebrows; to do so may cause blindness”, and the labeling of which bears
adequate directions for such preliminary testing. For the purposes of this paragraph
and paragraph (e) the term “hair dye” shall not include eyelash dyes or eyebrow dyes.
b. If it consists in whole or in part of any filthy, putrid, or decomposed substance.
c. If it has been prepared, packed, or held under unsanitary conditions whereby
it may have become contaminated with filth, or whereby it may have been rendered
injurious to health.
d. If its container is composed, in whole or in part, of any poisonous or deleterious
substance which may render the contents injurious to health.
e. If it is not a hair dye and it bears or contains a coal-tar color other than one
which is permissible.
MISBRANDED COSMETIC
SEC. 24. A cosmetic shall be deemed to be misbranded:—

a. If its labeling is false or misleading in any particular.
1129
MISCELLANEOUS LAWS
b. If in package form unless it bears a label containing (1) the name and place of
business of the manufacturer, packer, or distributor; and (2) an accurate statement of
the quantity of the contents in terms of weight, measure, of numerical count: Provided,
That under reasonable variations shall be permitted and exemptions as to small pack-
ages shall be established by regulations prescribed by the Secretary.
c. If any word, statement, or other information required by or under authority of
this Act, to appear on the label or labeling is not prominently placed thereon with such
labeling) and in such terms as to render it likely to be read and understood by the ordi-
d. If its container is so made, formed, or filled as to be misleading.
REGULATIONS MAKING EXEMPTIONS
SEC. 25. The Secretary shall promulgate regulations exempting from any label-
ing requirements of this Act cosmetic which are, in accordance with the practice of the
trade, to be processed, labeled, or repacked in substantial quantities at establishments
other than those where originally processed or packed, on condition that such cosmetics
are not adulterated or misbranded under the provisions of this Act upon removal from
such processing, labeling, repacking establishment.
16
Chapter XI
General Administration Provisions, Regulations,
Hearings and Institution of Criminal Action
17
SEC. 26. —
a. Except as otherwise provided in this section, the Secretary of Health shall,
upon recommendation of the Food and Drug Administrator, issue rules and regulations
as may be necessary to enforce effectively the provisions of this Act.
b. The Commissioner of Customs, the Commissioner of Internal Revenue and the
Secretary of Health shall jointly prescribe regulations for the efficient enforcement of
the provisions of Section thirty, except as otherwise provided therein. Such regulations
shall be promulgated upon the recommendation of the Food and Drug Administrator
and shall take effect at such time, after due notice, as the Secretary of Health shall
determine.
c. Hearings authorized or required by this Act shall be conducted by the Board of
Food and Drug Inspection which shall submit its recommendation to the Food and Drug
Administrator.
_______________________
16
17
1130
FOOD AND DRUGS LAW
d. When it appears to the Food and Drug Administrator from the report of the
Food and Drug Laboratory that any article of food or any drug, or cosmetic secured
pursuant to Section twenty-eight of this Act is adulterated or misbranded, he shall
cause notice thereof to be given to the person or persons concerned and such person or
persons shall be given an opportunity to be heard before the Board of Food and Drug
Inspection and to submit evidence impeaching the correctness of the finding or charge
in question.
e. When a violation of any provisions of this Act comes to the knowledge of the
Food and Drug Administrator of such character that a criminal prosecution ought to be
instituted against the offen-
der, he shall certify the facts
to the Secretary of Justice
through the Secretary of
Health, together with the
chemist’s report, the findings
of the Board of Food and
Drug Inspection, or other
documentary evidence on
which the charge is based.
f. Nothing in this Act
shall be construed as re-
quiring the Food and Drug
Administrator to certify for
prosecution pursuant to sub-
paragraph (e) hereof, minor
violations of this Act when-
“Audacious at trying out everything, men rush headlong ever he believes that public
into the things that have been forbidden.” — Virgil interest will be adequately
served by a suitable written
notice or warning.
Factory Inspection
SEC. 27. a. For purposes of enforcement of this Act, officers or employees duly
designated by the Secretary, upon presenting appropriate credentials to the owner,
operator, or agent in charge, are authorized (1) to enter, at reasonable hours, any fac-
tory, warehouse, or establishment in which food, drugs, devices or cosmetics are manu-
factured, processed, packed or held, for introduction into domestic commerce or are held
after such introduction, or to enter any vehicle being used to transport or hold such
food, drugs, devices, or cosmetics, in domestic commerce; and (2) to inspect, in a reason-
able manner, such factory, warehouse, establishment, or vehicle and all pertinent
equipment, finished and unfinished materials, containers, and labeling therein.
1131
MISCELLANEOUS LAWS
SEC. 28. —
a. If the officer or employee making any such inspection of a factory, warehouse
or other establishment has obtained any sample in the course of the inspection, upon
completion of the inspection and prior to leaving the premises he shall give to the
owner, operator, or agent in charge a receipt describing the samples obtained.
b. Whenever in the course of any such inspection of a factory or other establish-
ment where food is manufactured, processed, or packed, the officer or employee making
the inspection obtains a sample of any such food, and an analysis is made of such sam-
ple for the purpose of ascertaining whether such food consists in whole or in part of any
filthy, putrid or decomposed substance, or is otherwise unfit for food, a copy of the re-
sults of such analysis shall be furnished promptly to the owner, operator, or agent in
charge.
18
Publicity
SEC. 29. (a) The Secretary may cause to be disseminated information regarding
food, drugs, devices, or cosmetics in situations involving, in the opinion of the Secretary,
imminent danger to health, or gross deception of the consumer. Nothing in this Section
shall be construed to prohibit the Secretary from collecting, reporting, and illustrating
the results of the investigations of the Department.
Chapter XII
Imports and Exports
*
SEC. 30.
a. The Commissioner of Customs shall cause to be delivered to the Food and
Drug Administration samples taken at random from every incoming shipment of food,
drugs, devices, and cosmetics which are being imported or offered for import into the
Philippines giving notice thereof to the owner or consignee. The quantity of such sam-
ples shall be fixed by regulation issued by the Secretary. If it appears from the exami-
nation of such samples or otherwise that (1) such article has been manufactured, proc-
essed, or packed under unsanitary conditions, or (2) such article is forbidden or re-
stricted from sale in the country in which it was produced or from which it was pro-
duced or from which it was exported, or (3) such article is adulterated, misbranded, or
in violation of Section twenty-one, then the Food and Drug Administrator shall so in-
form the Commissioner of Customs and such article shall be refused admission, except
as provided in subsection (b) of this section. The Commissioner of Customs shall then
cause the destruction of any such article refused admission unless such article is ex-
_______________________
18
A complete e-copy is available at
http://www.lawphil.net/statutes/repacts/ra2003/ra_9211_2003.html
*
(T. Jefferson, Letter to William Ludlow)
1132
FOOD AND DRUGS LAW
ported, under regulations prescribed by the Commissioner of Customs, within ninety

days of the date of notice of such refusal or within such additional time as may be per-
mitted pursuant to such regulations. If the food, drugs, devices, and cosmetics being
imported or offered for import into the Philippines arrives at a port of entry other than
Manila, the collection of such samples shall be the responsibility of the Regional Health
Director having jurisdiction over the port of entry and such samples shall be forwarded
to the Food and Drug Administration.
b. Pending decision as to the admission of an article being imported or offered for
import, the Commissioner of Customs may authorize delivery of such article to the
owner or consignee upon execution by him of a good and sufficient bond providing for
the payment of such liquidated damages in the event of default as may be required
pursuant to regulations of the Commissioner of Customs. If it appears to the Secretary
that an article included within the provisions of clause (3) of subsection (a) of this sec-
tion can, by relabeling or other action, be brought into compliance with the Act or ren-
dered other than a food, drug, device, or cosmetic, final determination as to admission of
such article may be deferred, and upon filing to timely written application by the owner
or consignee, and the execution by him of a bond as provided in the preceding provisions
of this subsection, the Secretary may, in accordance with regulations, authorize the
applicant to perform such relabeling or other actions specified in such authorization
with regulations (including destruction or export of rejected articles or portions thereof,
as may be specified in the Secretary’s authorization). All such relabeling or other action
pursuant to such authorization shall be in accordance with regulations and be under
the supervision of an office or employee of the Bureau of Customs designated by the
Commissioner of Customs and a duly authorized representative of the Food and Drug
Administrator.
c. All expenses (including travel, per diem or subsistence, and salaries) of officers
or employees of the Philippines in connection with the destruction provided for in sub-
section (a) of this section and the supervision of the relabeling or other action author-
ized under the provisions of subsection (b) of this section, the amount of such expenses
to be determined in accordance with regulations, and all expenses in connection with
the storage, cargo, or labor with respect to any article refused admission under subsec-
tion (a) of this section, shall be paid by the owner or consignee, and in default of such
payment, shall constitute a lien against any future importations made by such owner or
consignee.
d. A food, drug, device, or cosmetic intended for export shall not be deemed to be
adulterated or misbranded under this Act if it (1) conforms with the specifications of the
foreign purchaser, (2) is not conflict with laws of the country to which it is intended for
export, and (3) is labelled on the outside of the shipping package to show that it is in-
tended for export. But if such article is sold or offered for sale in domestic commerce,
this subsection shall not exempt it from any of the provisions of this Act.
1133
MISCELLANEOUS LAWS
Chapter XIII
Financing
SEC. 31. The amount of one million pesos is hereby appropriated from any funds
in the National Treasury not otherwise appropriated to augment the funds transferred
to this Office under Section eight for the implementation of this Act. All income derived
from fees authorized in Section Four of this Act shall accrue to the General Fund.
Chapter XIV
Repealing Clause and Effectivity
SEC. 32. If any provision of this Act or the application of such provision to any
person or circumstance is held invalid, the remainder of this Act or the application of
such provision to other persons of circumstances should not be affected thereby.
SEC. 33. Section eleven hundred and nine to Section eleven hundred twenty-
nine of the Administrative Code, and such other laws, executive orders, rules and regu-
lations inconsistent with the provisions of this Act are repealed.
Generic Drugs Law (Republic Act 6675)

SECTION 1. Title.—This Act shall be known as the “Generics Act of 1988”.
SEC. 2. Statement of policy.—It is hereby declared the policy of the State:
a. To promote, encourage and require the use of generic terminology in the im-
portation, manufacture, distribution, marketing, advertising and promotion, prescrip-
tion and dispensing of drugs;
b. To ensure the adequate supply of drugs with generic names at the lowest pos-
sible cost and endeavor to make them available for free to indigent patients;
c. To encourage the extensive use of drugs with generic names through a rational
system of procurement and distribution;
d. To emphasize the scientific basis for the use of drugs, in order that health pro-
fessionals may become more aware and cognizant of their therapeutic effectiveness; and
e. To promote drug safety by minimizing duplication in medications and/or use of
drugs with potentially adverse drug interactions.
SEC. 3. Definition of terms.—The following terms are herein defined for pur-
poses of this Act:
1. Generic Name or Generic Terminology is the identification of drugs and medi-
cines by their scientifically and internationally recognized active ingredients or by their
1134
GENERIC DRUGS LAW
official generic name as determined by the Bureau of Food and Drugs of the Depart-
ment of Health.
2. Active Ingredient is the chemical component responsible for the claimed thera-
peutic effect of the pharmaceutical product.
3. Chemical Name is the description of the chemical structure of the drug or
medicine and serves as the
complete identification of a
compound.
4. Drug Product is the
finished product form that
contains the active ingre-
dients, generally but not ne-
cessarily in association with
inactive ingredients.
5. Drug Establishment
is any organization or com-
pany involved in the manu-
facture, importation, repac-
king and/or distribution of
drugs or medicines.
6. Drug Outlets means
drugstores, pharmacies, and
any other business estab-
“Society, my dear, is like salt water, good to swim in but
lishments which sell drugs or
hard to swallow.” — Arthur Stringer, “The Silver
medicines.
Poppy”
(Y. Lee) 7. Essential Drugs List
or National Drug Formulary
is a list of drugs prepared and periodically updated by the Department of Health on the
basis of health conditions obtaining in the Philippines as well as on an internationally
accepted criteria. It shall consist of a core list and a complementary list.
8. Core List is a list of drugs that meets the health care needs of the majority of
the population.
9. Complementary List is a list of alternative drugs used when there is no re-
sponse to the core essential drug or when there is a hypersensitivity reaction to the core
essential drug or when, for one reason or another, the core essential drug cannot be
given.
10. Brand Name is the proprietary name given by the manufacturer to distinguish
its product from those of competitors.
11. Generic Drugs are drugs not covered by patent protection and which are la-
beled solely by their international nonproprietary or generic name.
1135
MISCELLANEOUS LAWS
SEC. 4. The use of generic terminology for essential drugs and promotional in-
centives.—
a. In the promotion of the generic names for pharmaceutical products, special
consideration shall be given to drugs and medicines which are included in the Essential
Drugs List to be prepared within one hundred eighty (180) days from approval of this
Act and updated quarterly by the Department of Health on the basis of health condi-
tions obtaining in the Philippines as well as on internationally accepted criteria.
b. The exclusive use of generic terminology in the manufacture, marketing and
sales of drugs and medicines, particularly those in the Essential Drugs List, shall be
promoted through such a system of incentives as the Board of Investments jointly with
the Department of Health and other government agencies as may be authorized by law
shall promulgate in accordance with existing laws, within one hundred eighty (180)
days after approval of this Act.
SEC. 5. Posting and publication.—The Department of Health shall publish an-
nually in at least two (2) newspapers of general circulation in the Philippines the ge-
neric names, and the corresponding brand names under which they are marketed, of all
drugs and medicines available in the Philippines.
SEC. 6. Who shall use generic terminology.—
a. All government health agencies and their personnel as well as other govern-
ment agencies shall use generic terminology or generic names in all transactions re-
lated to purchasing, prescribing, dispensing and administering of drugs and medicines.
b. All medical, dental and veterinary practitioners, including private practitio-
ners, shall write prescriptions using the generic name. The brand name may be in-
cluded if so desired.
c. Any organization or company involved in the manufacture, importation, re-
packing, marketing and/or distribution of drugs and medicines shall indicate promi-
nently the generic name of the product. In the case of brand name products, the generic
name shall appear prominently and immediately above the brand name in all product
labels as well as in advertising and other promotional materials.
d. Drug outlets, including drugstores, hospital and nonhospital pharmacies and
nontraditional outlets such as supermarkets and stores, shall inform any buyer about
any and all other drug products having the same generic name together with their cor-
responding prices so that the buyer may adequately exercise his option. Within one (1)
year after approval of this Act, the drug outlets referred to herein, shall post in con-
spicuous places in their establishments, a list of drug products with the same generic
name and their corresponding prices.
SEC. 7. Provision of quality, manufacturer’s identity and responsibility.—In or-
der to assure responsibility for drug quality in all instances, the label of all drugs and
medicines shall have the following: name and country of manufacture, dates of manu-
1136
GENERIC DRUGS LAW
facture and expiration. The quality of such generically labeled drugs and medicines
shall be duly certified by the Department of Health.
SEC. 8. Required production.—Subject to the rules and regulations promulgated
by the Secretary of Health, every drug manufacturing company operating in the Philip-
pines shall be required to produce, distribute and make available to the general public
the medicine it produces, in the form of generic drugs.
SEC. 9. Rules and regulations.—The implementation of the provisions of this
Act shall be in accordance with the rules and regulations to be promulgated by the De-
partment of Health. Rules and regulations with penal sanctions shall be promulgated
within one hundred eighty (180) days after approval of this Act and shall take effect
fifteen (15) days after publication in the Official Gazette or in two (2) newspapers of
general circulation.
SEC. 10. Authority to import.—Within three (3) years from the effectivity of this
Act, extendible by the President for another two (2) years and during periods of critical
shortage and absolute necessity, the Department of Health is hereby authorized to
import raw materials of which there is a shortage for the use of Filipino-owned or con-
trolled drug establishments to be marketed and sold exclusively under generic nomen-
clature. The President may authorize the importation of raw materials tax and duty-
free. The Secretary of Health shall ensure that the imported raw materials are allo-
cated fairly and efficiently among Filipino-owned or controlled drug establishments. He
shall submit to the Office of the President and to Congress a quarterly report on the
quantity, kind and value of the raw materials imported.
SEC. 11. Education drive.—The Department of Health jointly with the Depart-
ment of Education, Culture and Sports, Philippine Information Agency and the De-
partment of Local Government shall conduct a continuous information campaign for the
public and a continuing education and training for the medical and allied medical pro-
fessions on drugs with generic names as an alternative of equal efficacy to the more
expensive brand name drugs. Such educational campaign shall include information on
the illnesses or symptoms which each generically named drug is supposed to cure or
alleviate, as well as its contraindications. The Department of Health with the assis-
tance of the Department of Local Government and the Philippine Information Agency
shall monitor the progress of the education drive, and shall submit regular reports to
Congress.
SEC. 12. Penalty.—
a. Any Person who shall violate Section 6(a) or 6(b) of this Act shall suffer the
penalty graduated hereunder, viz:
i. for the first conviction, he shall suffer the penalty of reprimand which
shall be officially recorded in the appropriate books of the Professional Regulation
Commission.
1137
MISCELLANEOUS LAWS
ii. for the second conviction, the penalty of fine in the amount of not less
than two thousand pesos (P2,000.00) but not exceeding five thousand pesos
(P5,000.00) at the discretion of the court.
iii. for the third conviction, the penalty of fine in the amount of not less than
five thousand pesos (P5,000.00) but not exceeding ten thousand pesos (P10,000.00)
and suspension of his license to practice his profession, for thirty (30) days at the
discretion of the court.
iv. for the fourth and subsequent conviction, the penalty of fine not less than
ten thousand pesos (P10,000.00) and suspension of his license to practice his pro-
fession for one year or longer at the discretion of the court.
b. Any juridical person who violates Section 6(c), 6(d), 7 or 8 shall suffer the pen-
alty of a fine of not less than five thousand pesos (P5,000.00) nor more than ten thousand
pesos (P10,000.00) and suspension or revocation of license to operate such drug estab-
lishment or drug outlet at the discretion of the Court: Provided, That its officers directly
responsible for the violation shall suffer the penalty of fine and suspension or revocation
of license to practice profession, if applicable, and by imprisonment of not less than six (6)
months nor more than one (1) year or both fine and imprisonment at the discretion of the
Court; and Provided, further, That if the guilty party is an alien, he shall be ipso facto
deported after service of sentence without need of further proceedings.
c. The Secretary of Health shall have the authority to impose administrative
sanctions such as suspension or cancellation of license to operate or recommend suspen-
sion of license to practice profession to the Professional Regulation Commission as the
case may be for the violation of this Act.
SEC. 13. Separability clause.—If any provision of this Act is declared invalid,
the remainder or any provision hereof not affected thereby shall remain in force and
effect.
SEC. 14. Repealing clause.—The provisions of any law, executive order, presi-
dential decree or other issuances inconsistent with this Act are hereby repealed or
modified accordingly.
plete publication in the Official Gazette or two (2) newspapers of general circulation.
CONSUMER ACT
Republic Act No. 7394
To the extent that the Consumer Act protects the health of the consuming public,
the law is relevant. A full text of the law may be found at URL:
http://www.doh.gov.ph/bfad/ra7394-1.htm and http://www.lawphil.net/statutes/re-
pacts/ra1992/ra_7394_1992.html
1138
OCCUPATIONAL HEALTH AND SAFETY
Occupational Health and Safety (Presidential Decree No. 442)

Art. 162. Safety and Health Standards.—The Secretary of Labor shall, by ap-
propriate orders, set and enforce mandatory occupational safety and health standards
to eliminate or reduce occupational safety and health hazards in all workplaces and
institute new, and update existing, programs to ensure safety and healthful working
conditions in all places of employment.
“What makes a river so restful to people is that it doesn't have any doubt-it is sure to get
where it is going, and it doesn't want to go anywhere else.” — Hal Boyle
Art. 163. Research.—It shall be the responsibility of the Department of Labor to

conduct studies and research to develop innovative methods, techniques and approaches
for dealing with occupational safety and health problems; to discover latent diseases be
establishing casual connections between diseases and work in environmental condi-
tions; and to develop medical criteria which will assure insofar as practicable that no
employee will suffer impairment or diminution in health, functional capacity, or life
expectancy as result of his work and working conditions.
Art. 164. Training Programs.—The Department of Labor shall develop and im-
plement training program to increase the number and competence of personnel in the
field of occupational safety and industrial health.
Art. 165. Administration of Safety and Health Law.—
a. The Department of Labor shall be solely responsible for the administration
and enforcement of occupational safety and health laws, regulations and standards in
all establishments and workplaces wherever they may be located; however, chartered
1139
MISCELLANEOUS LAWS
cities may be allowed to conduct industrial safety inspections of establishments within

their respective jurisdiction where they have adequate facilities and competent person-
nel for the purpose as determined by the Department of Labor and subject to national
standards established by the latter.
b. The Secretary of Labor may, through appropriate regulations, collect reasonable
fees for the inspection of steam boilers, pressure vessels and pipings and electrical instal-
lations, and test and approval for the safe use of materials, equipment and devices. The
fee so collected shall be deposited in the national treasury to the credit of the occupational
safety and health fund and shall expanded exclusively for the administration and en-
forcement of safety and other laws administered by the Department of Labor.
Rule II
Occupational Health and Safety
SECTION 1. General Statement on Coverage.—

a. This rule shall apply to all establishments, workplaces and other undertak-
ings, including agricultural enterprises, whether operated for profit or not, except to: 1)
those engaged in land, sea and air transportation; Provided, That their fry docks, ga-
rages, hangers, maintenance and repair shops and offices, shall be covered by this rule;
and 2) residential places exclusively devoted to dwelling purposes;
b. Except as otherwise provided herein, all establishments, workplace and under-
takings located in all chartered cities as well as ordinary municipalities shall be subject
to the jurisdiction of the Department of Labor in respect to the administration and en-
forcement of safety and health standards.
c. Chartered cities may be allowed to assume responsibility for technical safety
and inspection by the Secretary of Labor upon compliance with such standards and
guidelines as he may promulgate. As used herein, technical safety inspection includes
inspection for purposes of safety determination of boilers, dumbwaiters, escalators, and
electrical installation in all workplaces.
SEC. 2. General Occupational Health and Safety Standards.—Every employer
covered by this rule shall keep and maintain his workplace free from work hazards that
are causing or likely to cause physical harm to the workers or damage to property. Sub-
ject to the approval of the Secretary of Labor, the Bureau of Labor Standards shall from
time to time issue guidelines for compliance with general occupational health and
safety standards.
SEC. 3. Occupational Health and Safety Code: Effectivity of the Existing Stan-
dards.—
a. Within six (6) months from the date of effectivity of this rule; the Bureau of
Labor Standards shall prepare and adopt an Occupational Health and Safety Code,
subject to the approval of the Secretary of Labor.
1140
OCCUPATIONAL HEALTH AND SAFETY
b. Until the final adaptation and approval of an Occupational Health and Safety
Codes as provided herein, existing safety orders issued by the Department of Labor
shall remain effective and enforceable and shall apply in full force and effect to all em-
ployers covered by this rule.
SEC. 4. Work Condition Not Covered by Standards.—Any specific standards ap-
plicable to a condition, practice, means, method, operation or process shall also apply to
other similar work situation for which no specific standards have been established.
SEC. 5. Training of Personnel in Safety and Health.—Every employer shall take
steps to train a sufficient number of his supervisors or technical personnel in occupa-
tional safety and health. An employer may observe the following of his personnel:
a. In every non-hazardous establishment or workplace having from fifty to four
hundred workers each shift, at least one of the supervisors or technical personnel shall
be trained in occupational health and safety and shall be assigned as part-time safety
man. Such safety man shall be the secretary of the safety committee.
b. In every non-hazardous establishment or workplace having over four hundred
workers per shift, at least one of the supervisors shall be trained and a full-time safety
man shall be provided.
c. In every hazardous establishment or workplace having from twenty to two
hundred workers each shift, at least one of its supervisors or technical men shall be
trained who shall work as part-time safety man. He shall be appointed as secretary of
the safety committee therein.
d. In every hazardous establishment or workplace having over two hundred
workers each shift, at least two of its supervisors or technical personnel shall be trained
and one of them shall be appointed full-time safety man and secretary of the safety
committee therein.
e. The employment of a full-time safety man may not be required where the em-
ployer enters into a written contract with a qualified consulting organization which
shall develop and carry out his safety and health activities; Provided, That the consult-
ant shall conduct plant visits at least four hours a week, is subject to call any time to
conduct accident investigations, and is available during scheduled inspections or sur-
veys by the Secretary of Labor or his authorized representatives.
The provisions of this Section shall be made mandatory upon orders of the Secre-
tary of Labor as soon as he is satisfied that adequate facilities on training in occupa-
tional safety and health are available in the Department of Labor and other public or
private entries duly accredited by the Secretary of Labor.
SEC. 6. General Duties of Workers.—
a. Every worker shall cooperate with the employer in carrying out the provisions
of this rule. He shall report to his supervisors any work hazard that he may discover in
his workplace without prejudice to the right of the worker to report the matter to the
regional office concerned.
1141
MISCELLANEOUS LAWS
b. Every worker shall make proper use of all safeguards and safety devices fur-
nished in accordance with provisions of this rule for his protection and the protection of
others and shall follow all instructions made by the employer in compliance with the
provisions of this rule.
SEC. 7. Duties of Other Persons.—Any persons, including builders or contractors
who visit, build, innovate, or install devices in establishments or by the employer in
compliance with the provisions of this rule and other subsequent issuances, of the Sec-
retary of Labor.
SEC. 8. Administration and Enforcement.—
“Man masters nature not by force but by understanding.” — Robert Bridges

(1844-1930)
(Cecile Kotze)
a. Every employer shall give to the Secretary of Labor or his duly authorized rep-
resentative access to its premises and records at any time of the day or night when
there is a work being undertaken therein for the purpose of determining compliance
with the provisions of this rule.
b. Every establishment or workplace shall be inspected at least once a year to de-
termine compliance with the provisions of this rule. Special inspection visits, however,
may be authorized by the regional office to investigate accidents, conduct surveys re-
quested by the Bureau of Labor Standards, follow-up inspection recommendations, or
1142
TRADITIONAL AND ALTERNATIVE MEDICINE
conduct investigations or inspections upon request of an employer, worker, or labor

union in the establishment.
SEC. 9. Research.—
a. The Bureau of Labor Standards, on the basis of experiments, studies and any
other information available to it, shall develop criteria dealing with toxic materials and
harmful substances which will establish safe exposure levels for various periods of em-
ployment. Such studies and researches may be requested by the Secretary of Labor
through grants, contracts or as priority projects in the programs of nationally recog-
nized research organizations.
b. The Bureau of Labor Standards shall conduct continuing studies and surveys
or workplaces to study new problems in occupational safety and health including those
created by new technology as well as the motivational and behavioral factors involved
therein. The employer shall provide all the necessary assistance and facilities to carry
out these activities.
SEC. 10. Training.—
a. The Bureau of Labor Standards shall conduct continuing program to increase
the competence of occupational health and safety personnel and to keep them informed
of the latest trends, practices and technology in accident prevention.
b. The Bureau of Labor Standards shall conduct programs of safety personnel in
all establishments or workplaces and for this purpose every employer shall, in accor-
dance with Section 7 hereof take steps as his supervisors or technical personnel for
every two hundred workers per shift, provided that in the establishments with less than
200 workers per shift at least one shall be assigned to participate in the training pro-
gram.
c. The training may be conducted by the Bureau or any other organization or
group of persons accredited by the Secretary of Labor.
d. Every training program shall include information on the importance and the
proper use of adequate safety and health equipment and government policies and pro-
grams in occupational health and safety.
Traditional and Alternative Medicine (Republic Act 8423)

SECTION 1. Short Title.—This Act shall be known as the “Traditional and Al-
ternative Medicine Act (TAMA) of 1997.”
Guiding Principles
Article 1

improve the quality and delivery of health care services to the Filipino people through
1143
MISCELLANEOUS LAWS
the development of traditional and alternative health care and its integration into the
national health care delivery system.
It shall also be the policy of the State to seek a legally workable basis by which in-
digenous societies would own their knowledge of traditional medicine. When such
knowledge is used by outsiders, the indigenous societies can require the permitted users
to acknowledge its source and can demand a share of any financial return that mat
come from its authorized commercial use.
SEC. 3. Objectives.—
The objectives of this Act are
as follows:
a. To encourage scien-
tific research on and develop
traditional and alternative
health care systems that
have direct impact on public
care;
b. To promote and ad-
vocate the use of traditional,
alternative, preventive and
curative health care modali-
ties that have been proven
safe, effective, cost effective
and consistent with govern-
ment standards on medical
practice;
“A flower falls, even though we love it; and a weed grows, c. To develop and co-
even though we do not love it.” — Dogen ordinate skills training cour-
ses for various forms of tradi-
tional and alternative health care modalities;
d. To formulate standards, guidelines and codes of ethical practice appropriate
for the practice of traditional and alternative health care as well as in the manufacture,
quality control and marketing of different traditional and alternative health care mate-
rials, natural and organic products, for approval and adoption by the appropriate gov-
ernment agencies;
e. To formulate policies for the protection of indigenous and natural health re-
sources and technology from unwarranted exploitation, for approval and adoption by
the appropriate agencies;
f. To formulate policies to strengthen the role of traditional and alternative
health care delivery system; and
1144
g. To promote traditional and alternative health care in international conven-

tions, seminars and meetings in coordination with the Department of Tourism, Duty
Free Philippines, Incorporated, Philippine Convention and Visitors Corporation and
other tourism-related agencies as well as non-governmental organizations and local
governmental units.
Definition of Terms
Article 2
SEC. 4. Definition of Terms.—As used in this Act, the following terms shall
mean:
a. Traditional
and alternative health
care — the sum total
of knowledge, skills
and practices on
health care, other than
those embodied in bio-
medicine, used in the
prevention, diagnosis,
and elimination of
physical or mental dis-
order.
b. Traditional
medicine — the sum of
total knowledge, skills,
and practice on health
care, not necessarily
explicable in the con-
text of modern, scien-
tific, philosophical fra-
mework, but recog- “In wilderness I sense the miracle of life, and behind it our scien-
nized by the people to tific accomplishments fade to trivia.”—Charles A. Lindbergh,
help the community Life 22 December 1967
and society, and their
interrelations based on culture, history, heritage, and consciousness.
c. Biomedicine — that discipline of medical care advocating therapy with reme-
dies that produce effects differing from those of the diseases treated. It is also called
allipathy, western medicine, regular medicine, conventional medicine, mainstream
medicine, orthodox medicine, or cosmopolitan medicine.
1145
MISCELLANEOUS LAWS
d. Alternative health care modalities — other forms of non-alliphatic, occasionally

non-indigenous or imported healing methods, though not necessarily practiced for centuries
nor handed down from one generation to another. Some alternative health care modalities
include reflexology, acupuncture, massage, acupressure, chiropractics, nutritional therapy,
and other similar methods.
e. Herbal medicines — finished and labeled medical products that contain, as ac-
tive ingredient/s, aerial or underground part/s of plant or other materials or combination
thereof, whether in the crude state or a plant preparations. Plant materials include juices,
gums, fatty oils essential oils, and other substances of this nature. Herbal medicines,
however, containing plant materials combined with chemically defined active substances,
including chemically-defined, isolated constituents of plants, are not considered to be
herbal medicines.
f. Natural products — foods that grow spontaneously in nature, whether or not
they are tended by man. It also refers to foods that have been prepared from grains,
vegetables, fruits nuts, meats, fish, eggs, honey, raw milk, and the like, without the use
of additional of additives, preservatives, artificial colors and flavors, or manufactured
chemicals of any sort after harvest or slaughter.
g. Manufacture — any and all operations involved in the production, including
preparation, propagation, processing, formulating, filling, packing, repacking, altering,
ornamenting, finishing, or otherwise changing the container, wrapper, or labeling of a
consumer product in the furtherance of the distribution of the same from the original
place of manufacture to the person who makes the final delivery or sale to the ultimate
consumer.
h. Traditional healers — the relatively old, highly respected people with a pro-
found knowledge of traditional remedies.
i. Intellectual property rights — the legal basis by which the indigenous commu-
nities exercise their rights to have access to, protect, control over their cultural knowl-
edge and product, including but not limited to, traditional medicines, and includes the
right to receive compensation for it.
The Philippine Institute of Traditional and Alternative Health Care
Article 3
SEC. 5. Philippine Institute of Traditional and Alternative Health Care.—There

is hereby established a body corporate to be known as the Philippine Institute of Tradi-
tional and Alternative Health Care, hereinafter referred to as the Institute. The Insti-
tute shall be attached to the Department of Health. Its principal office shall be in Metro
Manila, but it may establish their branches or offices elsewhere in the Philippines as
may be necessary or proper for the accomplishment of its purposes and objectives.
SEC. 6. Powers and Functions.—In furtherance of its purposes and objectives,
the Institute shall have the following powers and functions:
1146
a. To plan and carry out research and development activities in the areas of tra-
ditional and alternative health care and its ultimate integration into the national
health care delivery system;
b. To verify, package and transfer economically viable technologies in the field of
traditional and alternative health care, giving emphasis on the social engineering as-
pects necessary for group endeavor;
c. To provide the data base or policy formulation that will stimulate and sustain
production, marketing and consumption of traditional and alternative health care prod-
ucts;
d. To organize and develop continuing training programs for physicians, nurses,
pharmacists, physical therapists, and other professional health workers and students,
as well as scientists, research managers and extension workers in the field of tradition
and alternative health care;
e. To formulate policies that would create public awareness through educational
activities, conventions, seminars, conferences, and the like by focusing on the promotion
of healthy living for preventing diseases, thereby uplifting the health care industry;
f. To acquire or obtain from any governmental authority whether national or lo-
cal, foreign or domestic, or from any person, corporation, partnership, association or
others entity, such charters, franchises, licenses, rights, privileges, assistance, financial
or otherwise, and concessions as are conductive to and necessary or proper for the at-
tainment of its purposes and objectives;
g. To receive and acquire from any person and/ or government and private enti-
ties, whether foreign or domestic, grants, donations and contributions consisting of such
properties, real or personal, including funds and valuable effects or things, as may be
useful, necessary or proper to carry out its purposes and objectives and administer the
same in accordance with the terms of such grants, donations and contributions, consis-
tent with its purposes and objectives;
h. To serve as the coordinating center of a national network of traditional and al-
ternative health care stations located in the different regions of the country;
i. To formulate a code of ethics and standards for the practice of traditional and
alternative health care modalities for approval and adoption by the appropriate profes-
sional and government agencies;
j. To formulate standards and guidelines for the manufacture, marketing and
quality control of different traditional and alternative health care materials and prod-
ucts for approval and adoption by the Bureau of Food and Drugs;
k. To coordinate with other institutions and agencies involved in the research on
herbal medicines;
l. To adopt and use a corporate seal;
m. To sue and sued in its corporate name;
1147
MISCELLANEOUS LAWS
n. To succeed by its corporate name;

o. To adopt its bylaws and promulgate such rules and regulations as may be nec-
essary or proper to implement this Act, and to amend or repeal the same from time to
time;
p. To enter into, make, and execute contracts and agreements of any kind or na-
ture;
q. To borrow, raise or obtain funds, or to enter into any financial or credit ar-
rangement in order to support or carry out its research programs, finance its capital
and operating expenses, subject to pertinent laws governing public debts and expendi-
tures;
r. To invest in, purchase or otherwise acquire, own, hold, use, mortgage, pledge,
encumber, sell, assign, convey, exchange, or otherwise deal in real and/ or personal
properties of whatever kind and nature, or any interest therein, including shares of
stocks, bonds, notes, securities and other evidences of indebtedness of natural or juridi-
cal persons, whether domestic or foreign and whether government or private;
s. To exercise all the powers of corporation under the General Corporation Law,
insofar as such powers are not in violation of the provisions of this Act; and
t. To exercise such other powers and functions, and perform such other acts as
may be necessary, proper or incidental to the attainment of its purposes and objectives.
SEC. 7. Board of Trustees.—The corporate powers of the Institute shall be exer-
cised, and all its business, activities and properties shall be controlled by a Board of
Trustees, hereinafter referred to as the Board.
a. Composition.—The Board shall be composed of the following:
Secretary of Health—ex-officio chairman
Permanent representatives of the following government offices:
Department of Science and Technology
Department of Agriculture
Department of Education, Culture and Sports
Commission on Higher Education
Representatives of the following industries/sectors:
One (1) physician who is engaged in the practice of traditional and
alternative health care;
One (1) member from a duly recognized academe/research institu-
tion engaged in traditional and alternative health care research;
One (1) traditional and alternative health care practitioner pref-
erably a physician;
1148
One (1) biomedical/allopathic/western medical practitioner pref-

erably from the Philippine Medical Association;
One (1) member from natural food industry and/ or organic food
industry; and
One (1) member from the environmental sector organization
The six (6) members
representing the above-
mentioned sectors/ indus-
tries shall be appointed
by the President of the
Philippines upon recom-
mendation of the Secre-
tary of Health. Of the
appointive members, two
(2) members shall have a
term of three (3) years;
the second two (2) mem-
bers appointed shall each
have a term of two (2)
years; and the third two
(2) members shall each
have a term of one (1)
year.
Any member ap-
pointed to a vacancy
shall serve only for the
“When the earth is sick and polluted, human health is impossi- unexpired term of the
ble.... To heal ourselves we must heal our planet, and to heal member whom he/she
our planet we must heal ourselves.” — Bobby McLeod (Koori shall succeed.
activist, aboriginal)
b. Meetings and
quorum—The Board shall meet regularly at least once a month, or as often as the exi-
gencies of the service demand. The presence of at least six (6) members shall constitute
a quorum, and the majority vote of the members present, there being a quorum, shall be
necessary for the adoption of any resolution, decision of any other act of the Board.
c. Allowances and per diems—The members of the Board shall receive a per diem
for every meeting actually attended subject to the pertinent budgetary laws, rules and
regulations on compensation, honoraria and allowances.
SEC. 8. Powers and Functions of the Board.—The Board shall exercise the fol-
lowing powers and functions:
1149
MISCELLANEOUS LAWS
a. To define and approve the programs, plans, policies, procedures and guidelines for
the Institute in accordance with its purposes and objectives, and to control the manage-
ment, operation and administration of the Institute;
b. To approve the Institute’s organizational structure, staffing pattern, operating
and capital expenditure, and financial budgets prepared in accordance with the corpo-
rate plan of the Institute.
c. To approve salary ranges, benefits, privileges, bonuses and other terms and
conditions of service for all officers and employees of the Institute, upon recommenda-
tion of the director general and consistent with the salary standardization and other
laws;
d. To appoint, transfer, promote, suspend, remove or otherwise discipline any
subordinate officer or employee of the Institute, upon recommendation of the director
general;
e. To create such committees and appoint the members thereof, as may be neces-
sary or proper for the management of the Institute of for the attainment of its purposes
and objectives;
f. To determine the research priorities of the Institute consistent with the
framework of its purposes and objectives and in coordination with other government
agencies; and
g. To exercise such other powers and functions and perform such other acts as
may be necessary or proper for the attainment of the purposes and objectives of the
Institute, or as may be delegated by the Secretary of Health.
SEC. 9. The Director General and Other Officers.—The Institute shall be headed
by a director general who shall be appointed by the President of the Philippines upon
recommendation of the Secretary of Health. Te director general shall have a term of six
(6) years.
The director general shall be assisted by such deputy director general(s) and pro-
gram managers/coordinators as the Bard may determine to carry out the purposes and
objectives of this Act.
SEC. 10. Powers, Functions, and Duties of the Director General.—The director
general shall have the following powers, functions, and duties:
a. To exercise overall supervision and direction over the implementation of all re-
search and development programs of the Institute, and to supervise and direct the
management, operation and administration of the Institute;
b. To execute contracts, including deeds that may incur obligations, acquire and
dispose of assets and deliver documents on behalf of the Institute, within the limits of
authority delegated to him by the Board;
c. To implement and enforce policies, decisions, orders, rules and regulations
adopted by the Board;
1150
d. To submit to the Board an annual report of the Institute;

e. To submit to the Board an annual budget and such supplement budget as may
be necessary for its consideration and approval; and
f. To exercise such other powers and functions and perform such other duties as
may be authorized or assigned by the Board.
SEC. 11. Government Agency Support and Coordination.—The Institute may,
for the purpose of its research and development activities, obtain and secure the ser-
vices of scholars, scientists and technical personnel of any unit of the Department of
Health and other agencies of the Philippines government, Such personnel may be paid
honoraria as may be fixed and authorized by the Board following the usual government
rules and regulations governing honoraria and allowances. The Institute shall also
assist, corporate and coordinate with other government agencies, such as the Bureau of
Food and Drugs of the Development of the Department of Science and Technology for
the implementation of the purposes and objectives of this Act.
Promotion of Traditional and

Alternative Health Care
Article 4
SEC. 12. Traditional and Alternative Health Care Advocacy and Research Pro-
gram.—The Institute shall promulgate a nationwide campaign to boost support for the
realization of the objectives of this Act. It shall encourage the participation of non-
government organizations in tradition and alternative health care and health-related
projects. The Institute shall also formulate and implement a research program on the
indigenous Philippine traditional care practices performed by “traditional healers” us-
ing scientific research methodologies.
SEC. 13. Standards for the Manufacture, Marketing and Quality Control of Tra-
ditional Medicine.—The Institute, in collaboration with the Bureau of Food and Drugs,
shall formulate standards and guidelines for the manufacture, quality control and mar-
keting of different traditional and alternative health care materials and products.
SEC. 14. Incentives for Manufacturers of Traditional and Alternative Health
Care Products.—Manufacturers of traditional and alternative health care products like
herbal medicinal plants shall enjoy such exemptions, deductions and other tax incen-
tives as may be provided for under the Omnibus Investment Code, as amended.
SEC. 15. Traditional and Alternative Health Care Development Fund.—To im-
plement the provisions of this Act, there is hereby created a Traditional and Alternative
Health Care Development Fund which shall be used exclusively for the programs and
projects of the Institute, in the amount of fifty million pesos (P50,000,000.00) for the
first year, seventy-five million pesos (P75,000,000.00) for the second year, and one-
hundred million pesos (P100,000,000.00) for the third year from the earnings of Duty
1151
MISCELLANEOUS LAWS
Free Philippines: Provided, That not more than fifteen percent (15%) of said fund shall
for administrative costs of the Institute.
Thereafter, such amount as may be necessary to fund the continued implementa-
tion of this Act shall be included in the annual General Appropriations Act.
Article 5
SEC. 16. Appointment of Board Members.—Within thirty (30) days from the
date of effectivity of this Act, the President of the Philippines shall appoint the mem-
bers of the Board as well as the director general and deputy director general(s).
SEC. 17. Transfer
of Functions of the Tradi-
tional Medicine Unit and
Other Related Units.—
Upon the establishment of
the Institute, the func-
tions, personnel and assets
of the Traditional Medicine
unit and all the pharma-
ceutical and herbal proc-
essing plants of the De-
partment of Health shall
be transferred to the Insti-
tute without need of con-
veyance, transfer or as-
signment.
For the year during
which this Act was ap-
proved, the unexpended
portion of the budget of the
offices. Agencies and units
merged shall be utilized for
establishing the Institute “It is good to realize that if love and peace can prevail on
and initiating its opera- earth, and if we can teach our children to honor nature's gifts,
tions, including the formu- the joys and beauties of the outdoors will be here forever.” —
lation of the rules and regu- Jimmy Carter
lations necessary for the (A. Oposa)
Incumbent officials and employees of the affected offices shall continue to exercise
their respective functions, duties and responsibilities with the corresponding benefits
1152
ANTI-SMOKING LAW
and privileges. To the greatest extent possible and in accordance with existing laws, all
employees of the affected offices, agencies and units shall be absorbed by the Institute.
Article 6
SEC. 18. Oversight Function.—The Institute shall submit to Congress an annual

accomplishment report which shall include the status of its priority researches and
operations. In the exercise of its oversight functions, Congress may inquire into the
programs of the Institute.
SEC. 19. Implementing Rules and Regulations.—Within thirty (30) days from
the completion of their appointments. the Board shall convene and, in collaboration
with the Department of Health-Traditional Medicine Unit, formulate the rules and
regulations necessary for the implementation of this Act. Said rules and regulations
shall be issued within one hundred eighty 9180) days from the date of the Board’s ini-
tial meeting and shall take effect upon publication in a newspaper of general circula-
tion.
SEC. 20. Repealing Clause.—All laws, decrees executive orders, and other laws
including their implementing ruled and regulations inconsistent with the provisions of
this Act are hereby amended, repealed or modified accordingly.
SEC. 21. Reparability Clause.—If any provision of this Act is declared unconsti-
tutional or invalid, other provisions thereof which are not affected thereby shall con-
tinue in full force and effect.
SEC. 22. Effectivity.—This Act shall take effect fifteen (15) days following its
publication in the Official Gazette or in at least two (2) newspapers of general circula-
tion.
Approved: December 9, 1997
Anti-Smoking Law (Republic Act 9211)*

SECTION 1. Short Title.—This Act shall be known as the “Tobacco Regulation
Act of 2003.”
SEC. 2. Policy.—It is the policy of the State to protect the populace from hazard-
ous products and promote the right to health and instill health consciousness among
them. It is also the policy of the State, consistent with the Constitutional ideal to pro-
_______________________
*
Any other official identification card (e.g., Voter's I.D., SSS I.D., Driver's License, etc.) will
serve the purpose for the notarization of the document before a private notary public. Where the
affidavit is sworn to before a municipal judge or an investigating prosecutor of the Department of
Justice or any other government lawyer, there is no need to present an identification card. How-
ever, personal appearance is required by said Government lawyers.
1153
MISCELLANEOUS LAWS
mote the general welfare, to safeguard the Interests of the workers and other stake-
holders in the tobacco industry. For these purposes, the government shall institute a
balanced policy whereby the use, sale, and advertisements of tobacco products shall be
regulated in order to promote a healthful environment and protect the citizens from the
hazards of tobacco smoke, and at the same time ensure that the interest of tobacco
farmers, growers, workers and stakeholders are not adversely compromised.
SEC. 3. Purpose.—It is the main thrust of this Act to:
a. Promote a healthful environment;
b. Inform the public of the health risks associated with cigarette smoking and to-
bacco use;
c. Regulate and subsequently ban all tobacco advertisements and sponsorships;
d. Regulate the labeling of tobacco products;
e. Protect the youth from being initiated to cigarette smoking and tobacco use by
prohibiting the sale of tobacco products to minors;
f. Assists and encourage Filipino tobacco farmers to cultivate alternative agricul-
tural crops to prevent economic dislocation; and
g. Create an Inter-Agency Committee on Tobacco (IAC-Tobacco) to oversee the
implementation of the provision of this Act.
a. “Advertisement” — refers to any visual and/or audible message disseminated to
the public about or on a particular product that promote and give publicity by words,
designs, images or any other means through broadcasts, electronic, print or whatever
form of mass media, including outdoor advertisements, such as but no limited to signs
and billboards. For the purpose of this Act, advertisement shall be understood as to-
bacco advertisement.
b. “Advertising” — refers to the business of conceptualizing, presenting, making
available and communicating to the public, through any form of mass media, any fact,
data or information about the attributes, features, quality or availability of consumers
products, services or credit.
For the purpose of this Act, advertising shall be understood as tobacco advertising.
This shall specifically refer to any messages and images promoting smoking; the pur-
chase or use of cigarette or tobacco trademarks brand names, design and manufac-
turer’s names;
c. “Advertiser” — refers to a person or entity on whose account of for whom an
advertisement is prepared and disseminated by the advertising agency, which is service
established and operated for the purpose of counseling or creating and producing and/or
implementing advertising program in various forms of media;
1154
ANTI-SMOKING LAW
d. “Cigarette” — refers to any roll or tubular construction, which contains tobacco

or its derivatives and is intended to be burned or heated under ordinary conditions of
use;
e. “Distributor” — refers to any person to whom a tobacco product is delivered or
sold for purposes of distribution in commerce, except that such terms does not include a
manufacturer or retailer or common carrier of such product;
f. “Mass Media” — refers to any medium of communication designed to reach a
mass of people. For this purposes, mass media includes print media such as, but not
limited to, newspapers, magazines, and publications; broadcast media such as, but not
limited to, radio, television, cable television, and cinema; electronic media such as but
not limited to the internet;
g. “Minor” — refers to any person below eighteen (18) years old;
h. “Manufacturer” — refers to any person entity, including a re-packer, who
makes, fabricates, assembles, processes, or labels a finished product;
i. “Package” — refers to pack, boxes, cartons or containers of any kind in which
any tobacco product is offered for sale to consumers;
j. “Persons” — refers to an individual, partnership, corporation or any other busi-
ness or legal entity;
k. “Point-of-sale” — refers to any location at which an individual can purchase or
otherwise obtain tobacco products;
l. “Promotions” — refers to an event or activity organized by or on behalf of a to-
bacco manufacturer, distributor or retailer with the aim of promoting a brand of tobacco
product, which event or activity would not occur but for the support given to it by or on
behalf of the tobacco manufacturer’s name, trademark, logo, etc. on non-tobacco prod-
ucts. This includes the paid use of tobacco products bearing the brand names, trade
names, logos, etc. in movies, television and other forms of entertainment. For the pur-
pose of thus Act, promotion shall be understood as tobacco promotion;
m. “Public Conveyance” — refers to mode of transportation servicing the general
population such as, but not limited to, elevators, airplanes, buses, taxicabs, ships, jeep-
neys, light rail transits, tricycles, and similar vehicles;
n. “Public Places” — refer to enclose or confined areas of all hospitals, medical
clinics, schools, public transportation terminals and offices, and building such as private
and public offices, recreational places, shopping malls, movie houses, hotels, restau-
rants, and the like’
o. “Retailer” — refers to any person who or entity that sells tobacco products to
individuals for personal consumption;
p. “Smoking” — refers to the act of carrying a lighted cigarette or other tobacco
products, whether or not it is being inhale or smoked;
1155
MISCELLANEOUS LAWS
q. “Sponsorship” — refers to any public or private contribution to a third party in

relation to an event, team or activity made with the aim of promoting a brand of tobacco
product, which event, team or activity would still exist or occur without such contribu-
tion. For the purpose of this Act, sponsorship shall be understood as tobacco sponsor-
ship;
r. “Tobacco” — refers to agricultural components derived from the tobacco plant,
which are processed for use in the manufacturing of cigarettes and other tobacco prod-
ucts;
s. “Tobacco Products” — refers to any product that consists of loose tobacco that
contains nicotine and is intended for use in a cigarette, including any product contain-
ing tobacco and intended smoking or oral or nasal use. Unless stated otherwise, the
requirements of this Act pertaining to cigarettes shall apply to other tobacco products;
t. “Tobacco Grower” — refers to any person who plants tobacco before the enact-
ment of this Act and classified as such by the national Tobacco Administration (NTA);
and
u. “Warning” — refers to the notice printed on the tobacco product or its con-
tainer and/or displayed in print or alert in broadcast or electronic media including out-
door advertising and which shall bear information on the hazard of tobacco use;
HEALTHFUL ENVIRONMENT
SEC. 5. Smoking in Public Places.—Smoking shall be absolutely prohibited in

the following public places:
a. Centers of youth activity such as playschools, preparatory schools, elementary
schools, high schools, colleges and universities, youth hostels, and recreational facilities
for persons under eighteen (18) years old;
b. Elevator and stairwells;
c. Location in which fire hazards are present, including gas stations and storage
areas for flammable liquids, gas, explosives or combustible materials;
d. Within the buildings and premises of public and private hospitals. Medical,
dental, and optical clinics, health centers, nursing homes, dispensaries and laboratories;
e. Public conveyance and public facilities including airport and ship terminals
and train and bus stations, restaurant and conference halls, except for separate smok-
ing areas; and
f. Food preparation areas.
SEC. 6. Designated Smoking And Non-Smoking Areas.—In all enclosed places
that are open to the general public, private workplaces, and other places not covered
under the preceding section, where smoking may expose a person to the other than the
smoker to tobacco smoke, the owner, proprietor, possessor, manager or administrator of
such places shall establish smoking areas. Such areas may include a designated smok-
1156
ANTI-SMOKING LAW
ing area within the building, which may be in an open space or separate area with
proper ventilation, but shall not be located within the same room that has been desig-
nated as a non-smoking area.
All designated smoking areas shall at least one (1) legible and visible sign posted,
namely “SMOKING AREA” for the Information and guidance of all concerned. In addi-
tion, the sign or not posted shall include a warning about the health effects of direct or
secondhand exposure to tobacco smoke. Non-smoking areas shall likewise have at least
one (1) legible and visible sign, namely: “NO SMOKING AREA” or “NO SMOKING”.
ACCESS RESTRICTIONS
SEC. 7. Vending Machines, Self-Service Facilities.—Unless the vending machine

has a mechanism for age verification, the sale or distribution of tobacco products to
minors by means of a vending machine or any self-service facility or similar contraption
or device is prohibited, except at point-of-sale establishments.
SEC. 8. Retailer Compliance With Respect To Self-Service Facilities.—Each re-
tailer shall ensure that all tobacco-related self-service displays or facilities, advertising,
labeling and other items that are located in the establishment of the retailer and that
do not comply with the requirements of this Act are removed or are brought into com-
pliance with the requirements of this Act.
SEC. 9. Minimum Age Sales.—Under this Act, It shall be unlawful:
a. For any retailer or tobacco products to sell or distribute tobacco products to
any minor;
b. For any person to purchase cigarettes or tobacco products from a minor;
c. For a minor to sell or buy cigarettes or any tobacco products; and
d. For a minor to smoke cigarettes or any other tobacco products.
It shall not be a defense for the person selling or distributing that he/she did not
know or was aware of the real age of the minor. Neither shall it be a defense that he/she
did not know nor had any reason to believe that the cigarette or any other tobacco prod-
uct was for the consumption of the minor to whom it was sold.
SEC. 10. Sale of Tobacco Products Within School Perimeters.—The sale or dis-
tribution of tobacco products is prohibited within one hundred (100) meters from any
point of the perimeter of a school, public playground or other facility frequented particu-
larly by minors.
SEC. 11. Signage.—Point-of-Sale establishments offering, distributing or selling
tobacco products to consumers, shall post the following statement in a clear and con-
spicuous manner: “SALE/DISTRIBUTION TO OUR PURCHASE BY MINORS OF TO-
BACCO PRODUCTS IS UNLAWFUL” or “ IT IS LAWFUL FOR TOBACCO PROD-
UCTS TO BE SOLD/DISTRIBUTED TO OR PURCHASED BY PERSONS UNDER 18
YEARS OF AGE”.
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MISCELLANEOUS LAWS
SEC. 12. Proof Of Age Verification.—In case of doubt as to the age of the buyer,
retailers shall verify, by means of any valid from of photographic identification contain-
ing the date of birth of the bearer that no individual purchasing a tobacco is below
eighteen (18) years of age.
ADVERTISING AND PROMOTIONS
SEC. 13. Warning On Cigarette Packages.—Under this Act:

a. All packages in which tobacco products are provided to consumers withdrawn
from the manufacturing facility of all manufacturers or imported into the Philippines
intended for sale to the market, starting 1 January 2004, shall be printed, in either
English or Filipino, on a rotating basis o separately and simultaneously, the following
health warnings:
“GOVERNMENT WARNING; Cigarettes are Addictive”;
“GOVERNMENT WARNING; Tobacco Can harm your Children”; or
“GOVERNMENT WARNING; Smoking Kills.”
b. Upon effectivity of this Act until 30June 2006, the health warning shall be lo-
cated on one side panel of every tobacco product package and occupy not less than fifty
percent (50%) of such side panel including any border of frame.
c. Beginning 1 July 2006, the health warning shall be on the bottom portion of
one (1) front panel of every tobacco product package and occupy not less than thirty
percent (30%) of such panel including any border or frame. The text of the warning shall
appear in clearly legible type in black text on a white background with a black border
and in contrasts by typography; layout or color to the other printer materials on the
package. The health warning shall occupy a total area of less than fifty percent (50%) of
the total warning frame.
d. The warning shall be rotated periodically, or separately and simultaneously
printed, so that within any twenty-four (24) month period, the four (4) variations of the
warnings shall appear with proportionate frequency.
e. The warning shall not be hidden or obscured by other printed information or
images, or printed in a location where tax or fiscal stamps are likely to be applied to the
package or placed in a location where it will be damaged when the package is opened. If
the warning to be printed on the package is likely to be obscured or obliterated by a
wrapper on the package, the warning must be printed on both the wrapper and the
package.
f. In addition to the health warning al packages of tobacco products that are pro-
vided to consumers shall contain, on one side panel the following statement in a clear,
legible and conspicuous manner; “NO SALE TO MINORS” or “NOT FOR SALE TO
MINORS.” The statement shall occupied an area of not less than ten percent (10%) of
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ANTI-SMOKING LAW
such side panel and shall appear in contrast by color, typography or layout with all the
other printed material on the side panel.
g. No other printed warnings, except the health warning and the message re-
quired in this Section, paragraph F shall be placed on cigarette packages.
SEC. 14. Warning On Advertising.—Under this Act:
a. All tobacco advertising in mass media shall contain either in English or Fili-
pino, the following health warning; “GOVERNMENT WARNING: Cigarette Smoking is
Dangerous to Your Health.”
b. For print and outdoor advertisement, the warning frame shall be centered
across the bottom of the advertisement and occupy a total area of not less than fifteen
percent (15%) of such advertisement including any border or fame. The text of the
health warnings shall be clearly visible and legible, printed in a prominent color as
approximate and shall appear in contrast by color, typography or layout with all other
printed material in the advertisement. The warning shall not be hidden or obscured by
other printed information or images in the advertisement.
c. For television and cinema advertisements, the warning shall be clearly shown
and voiced over in the last five (5) seconds of the advertisement, regardless of the dura-
tion of the advertisement, even when such advertisement is silent. The health warning
shall occupy a total area of not less than fifty percent (50%) of the television screen and
shall be clearly visible, legible, and audible, in black text on white background or white
text on black background. No other images except in writing shall be included in the
warning frame.
d. For radio advertisement, the warnings stated after the advertisement shall be
clearly and audibly voiced over in the last five (5) seconds of the advertisement, regard-
less of its duration.
SEC. 15. Restrictions On Advertising.—The following restrictions shall apply to
all tobacco advertising:
a. Advertisement shall not be aimed at or particularly appeal to persons under
eighteen (18) years of age.
b. Advertisement shall not feature a celebrity or contain an endorsement, implied
or express by a celebrity.
c. Advertisement shall not contain cartoon characters or subjects that depict
humans or animals with comically exaggerated features or that attribute human or
unnatural characteristics to animals, plants or other objects.
d. Advertisement shall not show, portray or depict scenes where the actual use
of, or the act of using, puffing or lighting cigarettes or other tobacco products is pre-
sented to the public.
SEC. 16. Restrictions on Print Media Advertising.—The following restrictions
shall apply to all print media tobacco advertisements:
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MISCELLANEOUS LAWS
a. Advertisements shall not be placed in any printed publication unless there is a

reasonable basis to believe that at least seventy-five percent (75%) of the readers of
such publication are eighteen (18) years of age and above, and the number of youth who
read it constitutes less than ten percent (10%) of all youth in the Philippines.
b. Advertisements shall not be placed on the packaging or outside covers (front
and back) of a magazine, newspaper, journal or other publication printed for general
circulation.
SEC. 17. Restrictions on Outdoor Advertising.—The following restrictions shall
apply to all print media tobacco advertisements:
a. Outdoor advertisements shall not be placed on billboards, wall murals, or
transport stops or stations which are within the one hundred (100) meters from any
point of the perimeter of a school, public playground or other facility frequented particu-
larly by persons below eighteen (18) years of age.
b. Outdoor advertisements shall not, either individually or when placed indeliv-
erate combination with other outdoor tobacco advertising, exceed seventy (70) square
meters in total size.
c. Outdoor advertisements shall not be placed on taxis, buses, trains or other
public conveyance or in stations, terminals or platforms thereof, except point-of-sale
establishments.
SEC. 18. Restrictions on Advertising In Cinemas.—Tobacco advertisements are
prohibited in connection with the showing of any film where persons below eighteen
(18) years old are permitted admission
SEC. 19. Restrictions on Television.—Advertisements shall not be broadcast on
television, cable television, and radio between seven o’ clock in the morning and seven o’
clock at night.
SEC. 20. Restriction on Advertising In Audio, Video And Computer Cas-
settes/discs And Similar Medium.—No electronic advertisements shall be incorporated
within any video or audio cassette, videogame machine, optical disc or any similar me-
dium, unless access to the item is restricted to persons eighteen (18) years of age or
older. For the purpose of this Section, video game includes any electronic amusement
device that utilizes a computer, microprocessor, or similar electronic circuitry and its
own cathode ray tube, or is designed to be used with a television set or monitor that
interacts with the user of the device.
SEC. 21. Restrictions on Advertising On The Internet And Similar Medium.—
Advertisement are prohibited on the internet and other similar medium unless that
Internet site is restricted to persons eighteen (18) years of age or older. A site will be
deemed restricted if a person cannot obtain access beyond the first page of the website
unless the persons has established that he or she is at least eighteen (18) years old.
This limitation applies to commercial communications and shall not prevent the use of
company Internet websites to provide information regarding a company, its products
1160
ANTI-SMOKING LAW
and smoking and health related information. This Section shall prohibit business-to-
business transactions conducted on the Internet, and other similar medium between
tobacco manufactures, retailers and distributors.
SEC. 22. Ban On Advertisements.—Beginning 1 January 2007, all tobacco ad-
vertising on television, cable television and radio shall be prohibited.
Beginning 1 July 2007, all cinema and outdoor advertising shall be prohibited. No
leaflets, posters and similar outdoor advertising materials be posted, except inside the
premises of point-of-sale retail establishments.
Beginning 1 July 2008, all forms of tobacco advertising in mass media shall be
prohibited except tobacco advertisements placed inside the premises of point-of sale
establishments.
SEC. 23. Restrictions on Tobacco Promotions.—The following restrictions shall
apply on all tobacco promotions.
a. Promotions must be directed only to persons at least eighteen (18) years old.
No person below eighteen (18) years old or who appear to be below eighteen (18) years
old may participate in such promotions. The participants in promotions must be re-
quired to provide proof of age.
b. Communications to consumers about tobacco promotions shall comply with the
provisions of this Act governing tobacco advertising. In addition to the required health
warning, the age requirement for participation in any promotion must be clearly
marked on the program materials distributed to consumers.
c. All stalls, booths and other display concerning tobacco promotions must be lim-
ited to point-of-sale of adult only facilities.
d. Telephone Communications concerning promotional offers, programs or events
must include a recorded health warning message in English or Filipino consistent with
the warnings specified in this Act.
e. No placement shall be made by manufacturer, distributor, or retailer of any
tobacco product or tobacco product packages and advertisement as a prop in any televi-
sion program or motion picture produced for viewing by the general public or in a video,
or optical disc or on video game machine.
f. The name, logo or other indicia of a cigarette brand may appear on cigarette
lighters, ashtrays, of other smoking related items. If such name, logo or other indicia of
the cigarette brand is larger than fifty (50) square centimeters, the item must carry a
health warning consistent with the warnings specified in this Act.
g. No merchandise such as, but not limited to, t-shirts, caps, sweatshirts, visors,
backpacks, sunglasses, writing implements and umbrellas, may be distributed, sold or
offered, directly or indirectly, with the name, logo or other indicia of a cigarette brand
displayed so as to be visible to others when worn or used. Clothing items must be in
adult sizes only.
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h. No name, logo or other indicia of a cigarette brand or element of a brand-

related marketing activity, may appear on items that are marketed to or likely to be
used by minors such as but not limited to sports equipment, toys, dolls, miniature repli-
cas of racing vehicles, video games, and food. The manufacturer or company must take
all available measures to prevent third parties from using the company’s brand names.
Logos or other proprietary material on products that are directed toward minors.
i. No tobacco advertisements may be placed on shopping bags.
SEC. 24. Naming Rights.—Subject to the provision of this Act:
a. No manufacturer may enter into any agreement pursuant to which payment is
made or other consideration is provided by such manufacturer to any sports league, or
any team involved in any such league, in exchange for use of tobacco products brand.
b. No manufacturer may enter into any agreement for the naming rights of any
stadium or arena using a tobacco product brand name or otherwise cause a stadium or
arena to be name with such a brand name.
SEC. 25. Restrictions on Sponsorships.—Beginning 1 July 2006:
a. No sponsorship shall be provided for:
1. an event or activity which bears a tobacco product brand name, unless
there is reasonable basis to believe that all persons who compete, or otherwise
taken an active part, in the sponsored events or activities, are person eighteen (18)
years of age or older;
2. a team or individual bearing a tobacco product name, unless all persons
under eighteen (18) years of age or older;
3. a sponsored event or activity reasonably believed to be particular appear
to persons under eighteen (18) years old.
b. Tobacco brand sponsorship shall be prohibited except where there is a reason-
able basis to believe that:
1. attendance at the sponsored event or activity will comprise no less than
seventy-five percent (75%) persons at least eighteen years of age or older;
2. the sponsored event or activity will not be of particular appeal to persons
under eighteen (18) years old;
3. the sponsored event or activity will not receive exposure, other than as a
news item, on television or radio or the Internet, unless such exposure complies
with the provisions of this Act governing tobacco marketing through those media;
and
4. the principal activity associated with the sponsorship does not require
above-average physical fitness for someone of the age group of those taking part.
c. All persons authorized to bear tobacco product advertisement, logos and brand
names at sponsored events shall be at least eighteen (18) years old.
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ANTI-SMOKING LAW
d. All forms of advertising associated with or ancillary to sponsorship shall com-

ply with the marketing provisions of this Act.
SEC. 26. Ban on Sponsorships.—Beginning 1 July 2008, cigarette and tobacco
companies are hereby prohibited from sponsoring any sport, concert, cultural art or
event, as well as individual and team athletes, artists, or performers where such spon-
sorship shall required or involve the advertisement or promotion of any cigarette or
tobacco company, tobacco product or tobacco use, name, logo or trademarks and other
words, symbols, designs, colors or other depictions commonly associated with or likely to
identify a tobacco product; Provided further, That no manufacturer may register a to-
bacco brand name as a company name after the passage of this Act.
SEC. 27. Restriction on Sampling.—The distribution of samples of tobacco prod-
ucts to persons below eighteen (18) years old is prohibited.
SEC. 28. Legal Action.—Any legal action in connection with the tobacco industry
shall be governed by the provisions of the Philippine Civil Code and other applicable
laws.
IMPLEMENTING AGENCY AND APPLICATION
SEC. 29. Implementing Agency.—An Inter-Agency Committee- Tobacco (IAC-

Tobacco), which shall have the exclusive power and function to administer and imple-
ment the provisions of this Act, is hereby created. The IAC-Tobacco shall be chaired by
the Secretary of the Department of Trade and Industry (DTI) with the Secretary of the
Department of Health (DOH) as Vice Chairperson. The IAC-Tobacco shall have the
following members:
a. Secretary of the Department of Agriculture (DA);
b. Secretary of the Department of Justice (DOJ);
c. Secretary of the Department of Environment and Natural Resources (DENR);
d. Secretary of the Department of Science and Technology (DOST);
e. Secretary of the Department of Education (DepEd);
f. Administrator of the National Tobacco Administration (NTA);
g. A representative from the Tobacco Industry to be nominated by the legitimate
and recognized associations of the industry; and
h. A representative from a non-government organization (NGO) involved in pub-
lic health promotion nominated by DOH in consultation with the concerned NGO’s;
The Department Secretaries may designate their Undersecretaries as their au-
thorized representatives to the IAC.
SEC. 30. Application to Tobacco Products.—This provision of this Act shall ap-
ply to all tobacco products placed into commerce in the Philippines. Except as provided
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MISCELLANEOUS LAWS
below, no provision of this Act shall apply to tobacco products intended or offered by the
manufacturer for export and not for (retail) sale in the Philippines.
Tobacco products intended or offered for export shall be subject only to the re-
quirement that the shipping container shall be prominently marked on the outside
“Export Only”: Provided, that tobacco products which are marked for export, but are
sold/traded or distributed in the Philippine market, shall be subject to immediate con-
fiscation and destruction.
SEC. 31. Compliance Monitoring.—Not later than one (1) year after the date of
the effectivity of this Act, and annually thereafter, the IAC-Tobacco shall submit to the
President of the Philippines and to both Houses of Congress a Compliance Monitoring
Report on the compliance of the manufacturers on all applicable laws and ordinances
with respect to the manufacture and distribution of tobacco products.
The report shall contain pertinent information on the methods, goals and imple-
mentation program of said manufacturers with respect to the requirements of this Act.
SEC. 32. Penalties.—The following penalties shall apply:
a. Violation of Sections 5 and 6.—On the first offense, a fine of not less than Five
Hundred Pesos (Php500.00) but not more than One Thousand (Php1,000.00) shall be
imposed.
On the second offense, a fine of not less than One Thousand Pesos
(Php1,000.00) but not more than Five Thousand Pesos (Php5,000.00) shall be im-
posed.
On the third offense, in addition to a fine of not less than Five Thousand Pe-
sos (P5,000.00) but not more than Ten Thousand pesos (Php10,000.00), the busi-
ness permits and licenses to operate shall be cancelled or revoked.
b. Violation of Sections 7, 8, 9, 10 and 11.—On the first offense, any person or
any business entity or establishment selling to, distributing or purchasing a cigarette or
any other tobacco products for a minor shall be fined the amount of not less than Five
Thousand Pesos (Php5,000.00) or an imprisonment of not more than thirty (30) days,
upon the discretion of the business licenses or permits in the case of a business entity or
establishment.
If the violation is by establishment of business entity, the owner, president,
manager, or the most senior officers thereof shall be liable for the offense.
If a minor is caught selling, buying or smoking cigarettes or any other tobacco
products, the provisions of Article 189 of Presidential Decree No. 603 otherwise
known as The Child and Youth Welfare Code, as amended, shall apply.
c. Violation of Section 13 to 27.—On the first offense, a fine of not more than One
Hundred thousand pesos (Php100,000.00) or imprisonment of not more than one (1)
year, or both, at the discretion of the court shall be imposed.
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ANTI-SMOKING LAW
On the second offense, a fine of Two hundred thousand pesos (Php200,000.00)

or imprisonment of not more than two (2) years, or both, at the discretion of the
court shall be imposed.
On the third offense, in addition to a fine of not more than Four Hundred
thousand pesos (Php400,000.00) or imprisonment of not more than three (3) years,
or both at the discretion of the court, the business permits and licenses, in the case
of a business entity or establishment shall be revoked or cancelled.
In the case of a business entity or establishment, the owner, president, man-
ager or officials thereof shall be liable.
If the guilty officer is an alien, he shall summarily be deported after serving
his sentence and shall be forever barred from re-entering from the Philippines.
PROGRAMS AND PROJECTS
SEC. 33. Programs and Projects.—For a period not exceeding five (5) years, the
National Government and the concerned departments and agencies shall provide the
following programs and projects:
a. Tobacco Grower’s Assistance Program — This program shall be utilized to sup-
port financially the tobacco farmers who may be displaced due to the implementation of
this Act has voluntarily ceased to produce tobacco. To avail of this program, a benefici-
ary shall present convincing and substantial evidence that:
1. He or she has been a tobacco farmer for the last three (3) years prior to
January 1, 2004;
2. He or she belongs to the tobacco producing provinces;
3. He or she has certificate of eligibility to apply issued by the local govern-
ment Unit and the NTA; and
4. He or she has ceased to plant tobacco for the next preceding season after
the enactment of this Act.
b. Tobacco Growers Cooperative — This program shall promote cooperative pro-
grams to assist tobacco farmers in developing alternative farming systems, plant alter-
native crops and other livelihood projects. The requirements of subsection (a) shall like-
wise apply.
c. National Smoking Cessation Program — A National Smoking Cessation Pro-
gram shall be undertaken with the approval of the IAC-Tobacco. The implementing
rules and guidelines to reinforce this program shall be submitted to the IAC-Tobacco by
the Secretary of Health within three (3) months after the effectivity of this Act.
d. Research and Development Program — The IAC-Tobacco shall establish a re-
search and develop a program to be spearheaded by the NTA in cooperation with the
DOST, which will undertake studies concerning technologies and methods to reduce the
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risk of dependence and injury from tobacco product usage and exposure, alternative
uses of tobacco and similar research programs.
e. National Tobacco-Free Public Education Program — State Universities and
Colleges and technical and Vocational Schools shall provide scholarships programs to
defendants of tobacco growers for which the administrator of the NTA shall provide
implementing rules and guidelines. The guidelines shall be submitted to the IAC- To-
bacco within three (3) months after the effectivity of this Act.
f. Displaced Cigarette Factory Workers’ Assistance Program — The Secretary of
Labor and Employment with the concurrence of the IAC-Tobacco shall establish a pro-
gram to assist displaced terminated/ separated or retrenched cigarette factory workers
as result of the enactment of the Act. The Secretary of Labor in coordination with the
NTA and DTI shall provide the rules as guidelines to effectuate this program and sub-
mit the same to the IAC-Tobacco within three (3) months after the effectivity of this
Act.
g. Health Programs — The IAC-Tobacco, in consultation with DOH, shall be re-
sponsible for awarding grants to all medical institutions for the purpose of planning,
carrying out, and evaluating activities related to smoking-related illnesses. The IAC-
Tobacco shall submit to Congress and President of the Philippines the annual report of
expenditures related to this program.
h. Withdrawal Clinics — The DOH shall establish smoking withdrawal clinics to
provide counseling regarding the hazardous health effects of tobacco/ cigarette smoking
and to rehabilitate smokers form the hazardous effects of such products.
If a smoker-minor voluntarily submits himself for treatment, counseling or reha-
bilitation in smoking withdrawal clinic located in any medical institution in the Philip-
pines, or through the parents/ guardian, the expenses incurred shall be reimbursable
outpatient service of the Philippine Health Insurance Corporation.
INFORMATION PROGRAM
SEC. 34. Informative Drive.—Consistent with the provisions of this Act, the
DOH shall, in cooperation with the DepEd and with the assistance of the Philippine
Information Agency (PIA), undertake a continuous information program on the harmful
effects of smoking.
The DOH shall enlist the active participation of the public and private sectors in
the national effort to discourage the unhealthy habit of smoking.
SEC. 35. Instructions on the Hazardous Effect of Smoking as Part of School Cur-
ricula.—Instruction on the adverse effects of cigarette tobacco smoking, including their
health, environmental and economic implications, shall be integrated into the existing
curricula of all public and private elementary and high schools.
The DepEd Secretary shall promulgate such rules and regulations as may be nec-
essary to carry out the above stated policy hereof, and, with, the assistance of the Secre-
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ANTI-SMOKING LAW
tary of Health, and with the approval of the IAC-Tobacco, shall cause the publication
and distribution of materials on the unhealthy effects of smoking to students and the
general public.
MISCELLANEOUS PROVISIONS
SEC. 36. Congressional Oversight Committee on Tobacco.—A Congressional

Oversight Committee on Tobacco (COC-Tobacco) is hereby constituted which is man-
dated to monitor and review the implementation of this Act for a period not exceeding
three (3) years. The COC-tobacco shall be composed of the Chairpersons of the Senate-
Committee on Health, Trade and Commerce, Agriculture and Public Information and
the House of Representative Committees on Trade and Industry, Health, Public Infor-
mation and Agriculture and a Member of the House of representatives representing the
tobacco producing provinces, to be nominated by all the Members of the House of Repre-
sentatives from tobacco producing districts.
The Secretariat of the COC-Tobacco shall be drawn from the existing secretariat
personnel of the standing committees comprising the Congressional Oversight Commit-
tee and its funding requirements shall be charged against the appropriations of both
the House of Representatives and the Senate of the Philippines.
SEC. 37. Implementing Rules.—The IAC-Tobacco shall promulgate such rules
and regulations necessary for effective implementation of this Act within six (6) months
from the date of publication of this Ac t. The said rules and regulations shall be submit-
ted to the COC- Tobacco for its review. The COC-Tobacco shall approve the implement-
ing rules and regulations within thirty (30) working days of receipt thereof: Provided,
That in the event the implementing rules and regulations are not promulgated within
the specified period, the specific provisions of this Act shall immediately be executory.
SEC. 38. Appropriations.—The amount necessary to implement the provisions of
this Act shall be charged against the current year’s appropriations of the concerned
national government agencies. Thereafter, such funds as may be necessary for the con-
tinued implementation of this Act shall be included in the budgets of the concerned
national government agencies under the annual General Appropriations Act.
SEC. 39. Repealing Clause.—DOH Administrative Orders No. 10 s. 1993 and
No. 24 s. 1993 are hereby repealed. Article 94 of Republic Act No. 7394, as amended,
otherwise known as the Consumer Act of the Philippines, is hereby amended.
All other laws, decrees, ordinances, administrative orders, rules and regulations,
or any part thereof, which are consistent with this Act are likewise repealed or
amended accordingly.
SEC. 40. Separability Clause.—Should any provisions of this Act be subse-
quently declared unconstitutional, the other provisions not so declared shall remain in
full force and effect.
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cation in the Official Gazette and at least two (2) newspapers of national circulation.
Approved: June 23, 2003
An Act Prohibiting the Manufacture, Importation, Distribution and Sale of

Laundry and Industrial Detergents Containing Hard Surfactants And Provid-
ing Penalties For Violation Thereof (Republic Act No. 8970)
SECTION 1. Declaration of Policy.—It is hereby declared a policy of the State to

protect, secure and safeguard the citizenry from the danger and harmful effects of pol-
lution as seen from the influx of imported detergents containing hard surfactants, a
substance found to be a water pollutant; for their physical and mental well-being and,
in the end, pursue a vigorous campaign against the manufacture, importation, distribu-
tion and sale of laundry and industrial detergents containing the harmful substance;
and finally provide for its complete prohibition.
a. “Hard Surfactants” shall refer to surfactants with low biodegradability rate in-
cluding chemicals such as hard or branded alkyl benzene, hard or branched alkyl ben-
zene surfactants, hard or branded dodecyl benzene sulfonates, branched dodecyl ben-
zene, their sodium or potassium salts and other technical names referring to the same
chemical compound;
b. “Industrial detergent” shall refer to any cleaning product not designed for
laundering different fabrics in the family wash but is mostly used in the manufacturing
industry, such as but not limited to the beverage industry, textile industry, meat, fish
and fruit canning, dairy product processing and food processing industry;
c. “Laundry detergent” shall refer to a product containing a surfactant and other
ingredients, formulated to clean and care for the many different fabrics in the family
wash; and
d. “Natural oleochemical” shall refer to chemicals derived from processing plant-
based natural oils such as but not limited to coconut, palm, palm kernel, sunflower, and
rapeseed.
SEC. 3. Labels.—In addition to the requirements for the labeling of products
pursuant to Republic Act No. 7394, otherwise known as “The Consumer Act of the Phil-
ippines”, all laundry and industrial detergent labels must contain the following infor-
mation legibly written or printed with indelible ink: (a) name of product; (b) name of
trade name and address of the person or company producing, importing or marketing
the product; and (c) statement of the manufacturer or importer that the product does
not contain hard surfactants.
SEC. 4. Prohibition.—The manufacture, importation, distribution and/or sale of
laundry and industrial detergents containing hard surfactants are hereby declared
prohibited. The Bureau of Product Standards shall review and revise the mandatory
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ANTI-SMOKING LAW
Philippine National Standard for “Surface Active Agents-Synthetic Detergents for

Laundry Use” in accordance with this Act and monitor compliance therewith.
For this purpose, the Bureau of Product Standards shall inspect laundry and in-
dustrial detergents, whether imported or locally-manufactured, to ensure that they are
free from hard surfactants.
SEC. 5. Administrative Sanctions.—Any violation of this Act shall constitute a
violation of a trade and industry law subject to the provisions of Executive Order No.
913 dated 7 October 1983, as amended. The Bureau of Product Standards shall have the
authority recommend, pursuant to Executive Order No. 913, as amended, the imposi-
tion of the administrative sanctions enumerated therein against the manufacturer,
importer, distributor, and seller of laundry and industrial detergents containing hard
surfactants.
In addition to the administrative sanctions imposable under Executive Order No.
913, as amended, the Bureau of Product Standards is hereby authorized to recommend
the imposition of the fines in case of violation of this Act as set forth in the following
schedule:
i. First Offense, a fine of Two hundred thousand pesos (Php200,000.00);
ii. Second Offense committed within one (1) year from the first offense, a
fine of Three hundred thousand pesos (Php300,000.00); and
iii. Third offense committed within one (1) year fro the second offense, a
fine of Five hundred thousand pesos (Php500,000.00).
The imposition of the foregoing administrative sanctions shall be without preju-
dice to the cancellation of the manufacturer’s license to operate and/or the Product
Standards Quality Mark pursuant to Republic Act No. 4109, as amended
SEC. 6. Penalties.—Any person who manufactures, imports, distributes or sells
laundry and industrial detergents found containing hard surfactants shall be penalized
by imprisonment of less than one (1) year nor more than five (5) years and/or fine of not
less than Five hundred thousand pesos (Php500,000.00) nor more than One million
pesos (Php1,000,000.00), at the discretion of the court: Provided, That if the violator is a
corporation, firm, partnership or association, the penalty shall be imposed upon the
president or the manager or any officer thereof who knows or ought to have known the
commission of the offense: Provided, finally, That in case the guilty officer is a for-
eigner, he shall be immediately deported after service of sentence.
SEC. 7. Rules and Regulations.—The Bureau of Product Standards, in consulta-
tion with the relevant departments or agencies of the national government such as, but
not limited to, Environment Management Bureau (EMB) of the Department of Envi-
ronment and Natural Resources, Bureau of Customs (BOC), Bureau of Trade Regula-
tions and Consumer Protection (BTRCP), shall issue the rules and regulations for the
effective implementation of this Act. Without prejudice to the constitutional right of
every citizen to be safe from unreasonable search and seizure, the rules and regulations
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shall include the authority to conduct a product check and inspection of establishments
involved in the manufacture, importation, distribution and sale of laundry and indus-
trial detergents containing hard surfactants. Product check and inspection of estab-
lishments shall be conducted during business hours and the inspection team shall be
accompanied by two (2) responsible officers of the manufacturers.
SEC. 8. Fiscal Incentives.—The Board of Investments (BOI) may grant fiscal in-
centives to local manufacturers and processors who develop and modernize their proc-
essing plants to produce coconut-based and other natural oleochemical biodegradable
surfactants. This shall not be limited to assistance and incentives in the exportation of
their products.
“A man generally has two reasons for doing a thing: one that sounds good, and a real
one.” — J.P. Morgan (Yvette Lee)
SEC. 9. Separability Clause.—If for any reason any provision of this Act or any
portion thereof or the application of such provision or portion thereof to any person,
group or circumstance is declared invalid or unconstitutional, the remainder of this Act
shall not be affected by such decision.
SEC. 10. Repealing Clause.—Any and all provisions of existing laws, decrees,
orders, and issuances, or portions thereof which are inconsistent with the provisions of
this Act are hereby repealed or amended accordingly.
plete publication in the Official Gazette or in two (2) newspapers of general circulation,
whichever comes earlier.
Approved: October 31 2000
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ANTI-FENCING LAW
Criminal Liabilities
Anti-Fencing Law (Presidential Decree No. 1612)

Whereas, reports from law enforcement agencies reveal that there is rampant rob-
bery and thievery of government and private properties;
Whereas, such robbery and thievery have become profitable on the part of the law-
less elements because of the existence of ready buyers, commonly known as fence, of
stolen properties;
Whereas, under existing law, a
fence can be prosecuted only as an
accessory after the fact and punished
lightly;
Whereas, is imperative to impose
heavy penalties on persons who profit
by the effects of the crimes of robbery
and theft.
Now, Therefore, I, Ferdinand E.
Marcos, President of the Philippines
by virtue of the powers vested in me
by the Constitution, do hereby order
and decree as part of the law of the
land the following:
SECTION 1. Title.—This
decree shall be known as the “Anti-
Fencing Law.”
SEC. 2. Definition of terms.—
The following terms shall mean as
follows:
a. “Fencing” is the act of any
person who, with intent to gain for
himself or for another, shall buy, “Sometimes I wonder whether the world is being
run by smart people who are putting us on, or by
receive, possess, keep, acquire, con-
imbeciles who really mean it.” — Mark Twain
ceal, sell or dispose of, or shall buy and
sell, or in any other manner deal in any article, item, object or anything of value which
he knows, or should be known to him, to have been derived from the proceeds of the
crime of robbery or theft.
b. “Fence” includes any person, firm, association, corporation or partnership or
other organization who/which commits the act of fencing.
SEC. 3. Penalties— Any person guilty of fencing shall be punished as hereunder
indicated:
1171
MISCELLANEOUS LAWS
a. The penalty of prision mayor, if the value of the property involved is more than
12,000 pesos but not exceeding 22,000 pesos; if the value of such property exceeds the
latter sum, the penalty provided in this paragraph shall be imposed in its maximum
period, adding one year for each additional 10,000 pesos; but the total penalty which
may be imposed shall not exceed twenty years. In such cases, the penalty shall be
termed reclusion temporal and the accessory penalty pertaining thereto provided in the
Revised Penal Code shall also be imposed.
b. The penalty of prision correccional in its medium and maximum periods, if the
value of the property robbed or stolen is more than 6,000 pesos but not exceeding 12,000
pesos.
c. The penalty of prision correccional in its minimum and medium periods, if the
value of the property involved is more than 200 pesos but not exceeding 6,000 pesos.
d. The penalty of arresto mayor in its medium period to prision correccional in its
minimum period, if the value of the property involved is over 50 pesos but not exceeding
200 pesos.
e. The penalty of arresto mayor in its medium period if such value is over five (5)
pesos but not exceeding 50 pesos.
f. The penalty of arresto mayor in its minimum period if such value does not ex-
ceed 5 pesos.
SEC. 4. Liability of officials of juridical persons.—If the fence is a partnership,
firm, corporation or association, the president or the manager or any officer thereof who
knows or should have known the commission of the offense shall be liable.
SEC. 5. Presumption of fencing.—Mere possession of any good, article, item, ob-
ject, or anything of value which has been the subject of robbery or thievery shall be
prima facie evidence of fencing.
SEC. 6. Clearance/Permit to sell/used second hand articles.—For purposes of this
Act, all stores, establishments or entities dealing in the buy and sell of any good, article
item, object of anything of value obtained from an unlicensed dealer or supplier thereof,
shall before offering the same for sale to the public, secure the necessary clearance or
permit from the station commander of the Integrated National Police in the town or city
where such store, establishment or entity is located. The Chief of Constabulary/Director
General, Integrated National Police shall promulgate such rules and regulations to carry
out the provisions of this section. Any person who fails to secure the clearance or permit
required by this section or who violates any of the provisions of the rules and regulations
promulgated thereunder shall upon conviction be punished as a fence.
SEC. 7. Repealing clause.—All laws or parts thereof, which are inconsistent
with the provisions of this Decree are hereby repealed or modified accordingly.
SEC. 8. Effectivity.—This Decree shall take effect upon approval.
Done in the City of Manila, this 2nd day of March, 1979.
1172
ILLEGAL POSSESSION OF EXPLOSIVES
Creative Legal Enforcement
The game of environmental enforcement is, like any game of enforcement, a tool of
pressure to effect behavioral change not only in the offender but also in others similarly
inclined. In the arsenal of legal weapons, one must consider the creative application of
otherwise innocuous pieces of laws.
A case in point is in the area of illegal logging. When a tree is cut without the neces-
sary permit from the government, the tree cut can be considered to have been stolen from
the national patrimony. Thus, any person who buys or otherwise deals in the illegally
sourced log or lumber without the proper documents may be considered committing an
act of fencing, the mere possession of which is prima facie evidence of the offense.
Thus, the possession of illegally sourced forest products may be charged not only
for the violation of the Forestry Law (Presidential Decree No. 705) but also for violation
of the Anti-Fencing Law (Presidential Decree No. 1612).
In addition and for good measure, the offender may also be charged for tax eva-
sion. The extraction of forest products (especially timber) from public forests requires
the payment of forest charges (25% ad valorem per Republic Act No. 7161), an internal
revenue tax. Thus, he who cuts without the payment of the appropriate forest charge
and he who buys said forest products without the corresponding official receipts are
both guilty of deliberate evasion of the payment of internal revenue taxes, or simply
put—of tax evasion.
Yes, law enforcement is a game of pressure with plenty of room for the creative
application of otherwise boring laws.
Illegal Possession of Explosives (Presidential Decree No. 1866, as amended by

Republic Act 8294)
SECTION 1. Section 1 Presidential Decree No. 1866, as amended, is hereby fur-

ther amended to read as follows:
“SECTION 1. Unlawful manufacture, sale, acquisition, disposition or possession
of firearms or ammunition or instruments used or intended to be used in the manufac-
ture of firearms or ammunition.—The penalty of prision correccional in its maximum
period and a fine of not less than Fifteen thousand pesos (P15,000) shall be imposed
upon any person who shall unlawfully manufacture, deal in, acquire, dispose, or possess
any low powered firearm, such as rimfire handgun, .380 or .32 and other firearm of
similar firepower, part of firearm, ammunition, or machinery, tool or instrument used
or intended to be used in the manufacture of any firearm or ammunition: Provided,
That no other crime was committed.
“The penalty of prision mayor in its minimum period and a fine of Thirty thousand
pesos (P30,000) shall be imposed if the firearm is classified as high powered firearm
which includes those with bores bigger in diameter than .38 caliber and 9 millimeter
1173
MISCELLANEOUS LAWS
such as caliber .40, .41, .44, .45 and also lesser calibered firearms but considered power-
ful such as caliber .357 and caliber .22 center-fire magnum and other firearms with
firing capability of full automatic and by burst of two or three: Provided, however, That
no other crime was committed by the person arrested.
“If homicide or murder is committed with the use of an unlicensed firearm, such
use of an unlicensed firearm shall be considered as an aggravating circumstance.
“If the violation of this Section is in furtherance of or incident to, or in connection
with the crime of rebellion or insurrection, sedition, or attempted coup d’etat, such vio-
lation shall be absorbed as an element of the crime of rebellion, or insurrection, sedi-
tion, or attempted coup d’etat.
“The same penalty shall be imposed upon the owner, president, manager, director
or other responsible officer of any public or private firm, company, corporation or entity,
who shall willfully or knowingly allow any of the firearms owned by such firm, com-
pany, corporation or entity to be used by any person or persons found guilty of violating
the provisions of the preceding paragraphs or willfully or knowingly allow any of them
to use unlicensed firearms or firearms without any legal authority to be carried outside
of their residence in the course of their employment.
“The penalty of arresto mayor shall be imposed upon any person who shall carry
any licensed firearm outside his residence without legal authority therefore.”
SEC. 2. Section 3 of Presidential Decree No. 1866, as amended, is hereby further
amended to read as follows:
“SEC. 3. Unlawful manufacture, sale, acquisition, disposition or possession of
explosives.—The penalty of prision mayor in its maximum period to reclusion temporal
and a fine of not less than Fifty thousand pesos (P50,000) shall be imposed upon any
person who shall unlawfully manufacture, assemble, deal in, acquire, dispose or possess
hand grenade(s), rifle grenade(s), and other explosives, including but not limited to
‘pillbox,’ ‘molotov cocktail bombs,’ ‘fire bombs,’ or other incendiary devices capable of
producing destructive effect on contiguous objects or causing injury or death to any
person.
“When a person commits any of the crimes defined in the Revised Penal Code or
special laws with the use of the aforementioned explosives, detonation agents or incen-
diary devices, which results in the death of any person or persons, the use of such ex-
plosives, detonation agents or incendiary devices shall be considered as an aggravating
circumstance.
“If the violation of this Section is in furtherance of, or incident to, or in connection
with the crime of rebellion, insurrection, sedition or attempted coup d’etat, such viola-
tion shall be absorbed as an element of the crimes of rebellion, insurrection, sedition or
attempted coup d’etat.
“The same penalty shall be imposed upon the owner, president, manager, director
or other responsible officer of any public or private firm, company, corporation or entity,
1174
who shall willfully or knowingly allow any of the explosives owned by such firm, com-
pany, corporation or entity, to be used by any person or persons found guilty of violating
the provisions of the preceding paragraphs.”
“SEC. 5. Tampering of firearm’s serial number.—The penalty of prision correc-
cional shall be imposed upon any person who shall unlawfully tamper, change, deface or
erase the serial number of any firearm.”
“SEC. 6. Repacking or altering the composition of lawfully manufactured explo-
sives.—The penalty of prision correccional shall be imposed upon any person who shall
unlawfully repack, alter or modify the composition of any lawfully manufactured explo-
sives.”
SEC. 5. Coverage of the term unlicensed firearm.—The term unlicensed firearm
shall include:
1. firearms with expired license; or
2. unauthorized use of licensed firearm in the commission of the crime.
SEC. 6. Rules and regulations.—The Department of Justice and the Department
of the Interior and Local Government shall jointly issue, within ninety (90) days after
the approval of this Act, the necessary rules and regulations pertaining to the adminis-
trative aspect of the provisions hereof, furnishing the Committee on Public Order and
Security and the Committee on Justice and Human Rights of both Houses of Congress
copies of such rules and regulations within thirty (30) days from the promulgation
hereof.
SEC. 7. Separability clause.—If, for any reason, any section or provision of this
Act is declared to be unconstitutional or invalid, the other sections or provisions thereof
which are not affected thereby shall continue to be in full force and effect.
SEC. 8. Repealing clause.—All laws, decrees, orders, rules and regulations or
parts thereof inconsistent with the provisions of this Act are hereby repealed, amended,
or modified accordingly.
its publication in the Official Gazette or in two (2) newspapers of general circulation.
Approved: June 6, 1997
1175
MISCELLANEOUS LAWS
Double Trouble
As indicated elsewhere in this book, blast-fishing may give rise to two violations:
a. Violation of Republic Act No. 8550 (Fisheries Code) for blast-fishing
b. Violation of Presidential Decree No. 1866, for illegal possession of explosives
when the explosives are not yet used for blast-fishing as when those are still in the
house.
If any effort to curtail the manufacture and distribution of blasting caps is to be
launched, the law below provides for a maximum penalty of reclusion temporal (20
years) for persons who manufacture, assemble, deal in, or possess “other explosives” or
“other incendiary devices capable of producing destructive effects on contiguous objects .
. .” This provision well covers blasting caps being not only an explosive in themselves
but also as “incendiary devices.”
1176
1177
MISCELLANEOUS LAWS
Inquest Procedures (DOJ Circular No. 61, 1993)
Evidence Needed for an Inquest Proceedings

SECTION 1. Concept.—Inquest is an informal and summary investigation con-
ducted by a public prosecutor in criminal cases involving persons arrested and detained
without the benefit of a warrant of arrest issued by the court for the purpose of deter-
mining whether or not said persons should remain under custody and correspondingly
be charged in court.
SEC. 2. Designation
of Inquest Officers.—The
City or Provincial Prosecu-
tor shall designate the
Prosecutors assigned to
inquest duties and shall
furnish the Philippine Na-
tional Police (PNP) a list of
their names and their sche-
dule of assignments. If,
however, there is only one
Prosecutor in the area, all
inquest cases shall be re-
ferred to him for appropri-
ate action.
Unless otherwise di-
rected by the City or Pro-
vincial Prosecutor, those
assigned to inquest duties
shall discharge their func-
“A life in harmony with nature, the love of truth and virtue,
tions during the hours of
will purge the eyes to understanding her text.” — Ralph
Waldo Emerson (Yvette Lee) their designated assign-
ments and only at the
police stations/headquarters of the PNP in order to expedite and facilitate the disposi-
tion of inquest cases.
SEC. 3. Commencement and Termination of Inquest.—The inquest proceedings
shall be considered commenced upon receipt by the Inquest Officer from the law en-
forcement authorities of the complaint/referral documents which should include:
a. the affidavit of arrest;
b. the investigation report;
c. the statement of the complainant and witnesses; and
1178
INQUEST PROCEDURES
d. other supporting evidence gathered by the police in the course of the latter’s
investigation of the criminal incident involving the arrested or detained person.
The inquest Officer shall, as far as practicable, cause the affidavit of arrest and
statements/affidavits of the complainant and the witnesses to be subscribed and sworn
to before him by the arresting officer and the affiants.
The inquest proceedings must be terminated within the period prescribed under
the provisions of Article 125 of the Revised Penal Code, as amended. *19
SEC. 4. Particular Documents Required in Specific Cases.—The submission,
presentation of the documents listed herein below should as far as practicable, be re-
quired in the following cases by the Inquest Officer.
Violation of the Anti-Fencing Law (PD 1612)
a. a list/inventory of the articles and items subject of the offense; and
b. statement of their respective value
Illegal Possession of Explosives (PD 1866)
a. chemistry report duly signed by the forensic chemist and
b. photograph of the explosives, if readily available.
Violation of the Fisheries Law (PD 704) (now RA 8550)
a. photograph of the confiscated fish, if readily available; and
b. certification of the Bureau of Fisheries and Aquatic Resources;
Violation of the Forestry Law (PD 705)
a. scale sheets containing the volume and species of the forest products confis-
cated, number of pieces and other important details such as estimated value of the
products confiscated;
b. certification of Department of Environment and Natural Resources/Bureau of
Forest Management; and
c. seizure receipt.
The submission of the foregoing documents shall no absolutely be required if there
are other forms of evidence submitted which will sufficiently establish the facts sought
to be proved by the foregoing documents.
SEC. 5. Incomplete documents.—When the documents presented are not com-
plete to establish probable cause, the Inquest Officer shall direct the law enforcement
agency to submit the required evidence within the period prescribed under the provi-
sions of Article 125 of the Revised Penal Code, as amended; otherwise, the Inquest Offi-
cer shall order the release of the detained person and, where the inquest is conducted
_______________________
∗
This form was provided by Atty. Oscar Embido, Regional Director, NBI-Region 6.
1179
MISCELLANEOUS LAWS
outside of office hours, direct the law enforcement agency concerned to file the case with
the City or Provincial Prosecutor for appropriate action.
SEC. 6. Presence of the detained person.—The presence of the detained person
who is under custody shall be ensured during the proceedings.
However, the production of the detained person before the Inquest Officer may be
dispensed with in the following cases:
a. if he is confined in a hospital;
b. if he is detained in a place under maximum security;
c. if production of the detained person involve security risks; or
d. if the presence of the detained person is not feasible by reason of age, health,
sex and other similar factors.
The absence of the detained person by reason of any of the foregoing factors must
be noted by the Inquest Officer and reflected in the record of the case.
SEC. 7. Charges and counter-charges.—All charges and counter-charges arising
from the same incident shall, as far as practicable, be consolidated and inquested jointly
to avoid contradictory or inconsistent dispositions.
SEC. 8. Initial duty of the inquest officer.—The Inquest Officer must first deter-
mine if the arrest of the detained person was made in accordance with the provisions of
paragraphs (a) and (b) of Section 5, Rule 113 of the 1985 Rules on Criminal Procedure,
as amended, which provide that arrests without a warrant may be effected:
a. when, in the presence of the arresting officer, the person to be arrested has
committed, is actually committing, or is attempting to commit an offense; or
b. when an offense has in fact just been committed, and the arresting officer has
personal knowledge of facts indicating that the person to be arrested has committed it.
For this purpose, the Inquest Officer may summarily examine the arresting offi-
cers on the circumstances surrounding the arrest or apprehension of the detained per-
son.
SEC. 9. Where arrest not properly effected.—Should the Inquest Officer find that
the arrest was not made in accordance with the Rules, he shall:
a. recommend the release of the person arrested or detained;
b. note down the disposition of the referral document;
c. prepare a brief memorandum indicating the reasons for the action taken; and
d. forward the same, together with the record of the case, to the City or Provin-
cial Prosecutor for appropriate action.
Where the recommendation for the release of the detained person is approved by
the City or Provincial Prosecutor but the evidence on hand warrant the conduct of a
regular preliminary investigation, the order of release shall be served on the officer
1180
INQUEST PROCEDURES
having custody of said detainee and shall direct the said officer to serve upon the de-
tainee the subpoena or notice of preliminary investigation, together with the copies of
the charge sheet or complaint, affidavits or sworn statements of the complainant and
his witnesses and other supporting evidence.
SEC. 10. Where the arrest property effected.—Should the Inquest Officer find
that the arrest was properly effected, the detained person should be asked if he desires
to avail himself of a preliminary investigation, if he does, he shall be made to execute a
waiver of the provisions of Article 125 of the Revised Penal Code, as amended, with the
assistance of a lawyer and, in case of non-availability of a lawyer, a responsible person
of his choice. The preliminary investigation may be conducted by the Inquest Officer
himself or by any other Assistant Prosecutor to whom the case may be assigned by the
City or Provincial Prosecutor, which investigation shall be terminated within fifteen
(15) days from its inception.
SEC. 11. Inquest proper.—Where the detained person does not opt for a prelimi-
nary investigation or otherwise refuses to execute the required waiver, the Inquest
Officer shall proceed with the inquest by examining the sworn statements/affidavits of
the complainant and the witnesses and other supporting evidence submitted to him.
If necessary, the Inquest Officer may require the presence of the complainant and
witnesses and subject them to an informal and summary investigation or examination
for purposes of determining the existence of probable cause.
SEC. 12. Meaning of probable cause.—Probable cause exists when the evidence
submitted to the Inquest Officer engenders a well-founded belief that a crime has been
committed and that the arrested or detained person is probably guilty thereof.
SEC. 13. Presence of probable cause.—If the Inquest Officer finds that probable
cause exists, he shall forthwith prepare the corresponding complaint/information with
the recommendation that the same be filed in court. The complaint/information shall
indicate the offense committed and the amount of bail recommended, if bailable.
Thereafter, the record of the case, together with the prepared com-
plaint/information, shall be forwarded to the City or Provincial Prosecutor for appropri-
ate action.
The complaint/information may be filed by the Inquest Officer himself or by any
other Assistant Prosecutor to whom the case may be assigned by the City or Provincial
Prosecutor.
SEC. 14. Contents of information.—The information shall, among others, con-
tain:
a. a certification by the filing Prosecutor that he is filing the same in accordance
with the provisions of Section 7, Rule 112 of the 1985 Rules on Criminal Procedure, as
amended, in cases cognizable by the Regional Trial Court;
b. the full name and alias, if any, and address of the accused;
1181
MISCELLANEOUS LAWS
c. the place where the accused is actually detained;

d. the full names and addresses of the complainant and witnesses;
e. a detailed description of the recovered item, if any;
f. the full name and address of the evidence custodian;
g. the age and date of birth of the complainant or the accused, if eighteen (19)
years of age or below; and
h. the full names and addresses of the parents, custodians or guardians of the
minor complainant or accused, as the case may be.
SEC. 15. Absence of probable cause.—If the Inquest Officer finds no probable
cause, he shall:
a. recommend the release of the arrested or detained person;
b. note down his disposition on the referral document;
c. prepare a brief memorandum indicating the reasons for the action taken; and
d. forthwith forward the record of the case to the City or Provincial Prosecutor for
appropriate action.
If the recommendation of the Inquest Officer for the release of the arrested or de-
tained person is approved, the order of release shall be served on the officer having
custody of the said detainee.
Should the City or Provincial Prosecutor disapprove the recommendation of re-
lease, the arrested or detained person shall remain under custody, and the correspond-
ing complaint/information shall be filed by the City or Provincial Prosecutor or by any
Assistant Prosecutor to whom the case may be assigned.
SEC. 16. Presence at the crime scene.—Whenever a dead body is found and there
is reason to believe that the death resulted from foul play, or from the unlawful acts or
omissions of other persons and such fact has been brought to his attention, the Inquest
Officer shall:
a. forthwith proceed to the crime scene or place of discovery of the dead person;
b. cause an immediate autopsy to be conducted by the appropriate medico-legal
officer in the locality or the PNP medico-legal division or the NBI medico-legal office, as
the case may be;
c. direct the police investigator to cause the taking of photographs of the crime
scene or place of discovery of the dead body;
d. supervise the investigation to be conducted by the police authorities as well as
the recovery of all articles and pieces of evidence found thereat and see to it that the
same are safeguarded and the chain of the custody thereof properly recorded; and
e. submit a written report of his finding to the City or Provincial Prosecutor for
appropriate action.
1182
INQUEST PROCEDURES
SEC. 17. Sandiganbayan cases.—Should any complaint cognizable by the Sandi-

ganbayan be referred to an Inquest Officer for investigation, the latter shall, after con-
ducting the corresponding inquest proceeding, forthwith forward the complete record to
the City or Provincial Prosecutor for appropriate action.
Arrest Without Warrant
When a person is arrested without a warrant, it is the duty of the arresting officer
to immediately deliver the suspect to the judicial authorities. However, preparatory to
actual presentment to a judge, it is necessary that a preliminary investigation is con-
ducted to determine whether there is probable cause to detain a person. This investiga-
tion is conducted by a prosecutor, and the investigation procedure of a person arrested
without a warrant is called inquest proceedings.
All prosecutors’ offices in cities and provinces are required to designate inquest
prosecutors who must be available at any time of day or night or any day of the week.
Environmental enforcement operatives are well advised to closely coordinate with
the City and Provincial Prosecutors’ offices of the Department of Justice to know the
designated inquest prosecutors available at particular days/weeks and where he/she
may be contacted in the event an arrest is made.
When launching massive enforcement operations where the likelihood of an arrest
is great, it is best to closely coordinate and be in constant touch with the investigat-
ing/inquest prosecutor. The latter can also provide guidance on the documentary and
other pieces of evidence needed to ensure an efficient and effective inquest proceeding.
Arbitrary Detention and Delay in the Delivery of Prisoners
One of the fears of enforcement operatives is that their delay in the delivery of a
person arrested without warrant can lead to a charge of arbitrary detention. This is an
erroneous perception. Arbitrary detention is the arrest or detention of a person without
a warrant and without any lawful justification. Delay in the delivery of prisoners is an
offense committed where a person lawfully arrested even without a warrant is deliber-
ately held for a long time and not delivered to judicial authorities within the periods
provided by law. Although the time frames are set by law, there are circumstances that
can justify the delay such as distance, lack of transportation, inclement weather, and
other circumstances beyond the control of the apprending officers.
1183
MISCELLANEOUS LAWS
Rights of Detained Persons (Republic Act 7438)

SECTION 1. Statement of policy.—It is the policy of the Senate to value the
dignity of every human being and guarantee full respect for human rights.
SEC. 2. Rights of persons arrested, detained or under custodial investigation; du-
ties of public officers.—
a. Any person arrested detained or under custodial investigation shall at all
times be assisted by counsel.
b. Any public officer or employee, or anyone acting under his order or his place,
who arrests, detains or investigates any person for the commission of an offense shall
inform the latter, in a language known to and understood by him, of his rights to re-
main silent and to
have competent and
independent counsel,
preferably of his own
choice, who shall at all
times be allowed to
confer privately with
the person arrested,
detained or under cus-
todial investigation. If
such person cannot
afford the services of
his own counsel, he
must be provided with
a competent and inde-
pendent counsel by the
investigating officer.
c. The custodial
investigation report “Whether man is disposed to yield to nature or to oppose her, he
shall be reduced to cannot do without a correct understanding of her language.” —
writing by the investi- Jean Rostand
gating officer, provided (T. Cayton)
that before such report
is signed, or thumb marked if the person arrested or detained does not know how to
read and write, it shall be read and adequately explained to him by his counsel or by
the assisting counsel provided by the investigating officer in the language or dialect
known to such arrested or detained person, otherwise, such investigation report shall be
null and void and of no effect whatsoever.
d. Any extrajudicial confession made by a person arrested, detained or under cus-
todial investigation shall be in writing and signed by such person in the presence of his
1184
RIGHTS OF DETAINED PERSONS
counsel or in the latter’s absence, upon a valid waiver, and in the presence of any of the
parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal
judge, district school supervisor, or priest or minister of the gospel as chosen by him;
otherwise, such extrajudicial confession shall be inadmissible as evidence in any pro-
ceeding.
e. Any waiver by a person arrested or detained under the provisions of Article
125 of the Revised Penal Code, or under custodial investigation, shall be in writing and
signed by such person in the presence of his counsel; otherwise the waiver shall be null
and void and of no effect.
f. Any person arrested or detained or under custodial investigation shall be al-
lowed visits by or conferences with any member of his immediate family, or any medical
doctor or priest or religious minister chosen by him or by any member of his immediate
family or by his counsel, or by any national non-governmental organization duly accred-
ited by the Commission on Human Rights of by any international non-governmental
organization duly accredited by the Office of the President. The person’s “immediate
family” shall include his or her spouse, fiancé or fiancée, parent or child, brother or
sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or
ward.
As used this Act, “custodial investigation” shall include the practice of issuing an
“invitation” to a person who is investigated in connection with an offense he is sus-
pected to have committed, without prejudice to the liability of the “inviting” officer for
any violation of law.
SEC. 3. Assisting counsel.—Assisting counsel is any lawyer, except those di-
rectly affected by the case, those charged with conducting preliminary investigation or
those charged with the prosecution of crimes.
The assisting counsel other than the government lawyers shall be entitled to the
following fees:
a. The amount of One hundred fifty pesos (P150.00) if the suspected person is
chargeable with light felonies;
b. The amount of Two hundred fifty pesos (P250.00) if the suspected person is
chargeable with less grave of grave felonies:
c. The amount of Three hundred fifty pesos (P350.00) if the suspected person is
chargeable with a capital offense.
The fee for the assisting counsel shall be paid by the city or municipality where the
custodial investigation is conducted, provided that if the municipality of city cannot pay
such fee, the province comprising such municipality or city shall pay the fee: Provided,
That the Municipal of City Treasurer must certify that no funds are available to pay the
fees of assisting counsel before the province pays said fees.
1185
MISCELLANEOUS LAWS
In the absence of any lawyer, no custodial investigation shall be conducted and the
suspected person can only be detained by the investigating officer in accordance with
the provisions of Article 125 of the Revised Penal Code.
SEC. 4. Penalty Clause.—
a. Any arresting public officer of employee, or any investigating officer, who fails
to inform any person arrested, detained or under custodial investigation of his right to
remain silent and to have competent and independent counsel preferably of his own
choice, shall suffer a fine of Six thousand pesos (P6,000.00) or a penalty of imprison-
ment of not less than eight (8) years but not more than ten (10) years, or both. The pen-
alty of perpetual absolute disqualification shall also be imposed upon the investigating
officer who has been previously convicted of a similar offense.
The same penalties shall be imposed upon a officer or employee or anyone acting
upon orders of such investigating officer or in his place, who fails to provide a competent
and independent counsel to a person arrested, detained or under custodial investigation
for the commission of an offense if the latter cannot afford the services of his own coun-
sel.
b. Any person who obstruct, persons or prohibits any lawyer, any member of the
immediate family of a person arrested, detained or under custodial investigation, or any
medical doctor or priest or religious minister chosen by him or by any member of his
immediate family or by his counsel, from visiting and conferring privately with him, of
from examining and treating him, or from ministering to his spiritual needs, at any
hour of the day or, in urgent cases, of the night shall suffer the penalty of imprisonment
of not less than four (4) years nor more than six (6) years, and a fine of four thousand
pesos (P4,000.00).
The provisions of the above Section notwithstanding, any security officer with cus-
todial responsibility over any detainee or prisoner may undertake such reasonable
measures as may be necessary to secure his safety and prevent his escape.
SEC. 5. Repealing Clause.—Republic Act No. No. 857, as amended, is hereby re-
pealed. Other laws, presidential decrees, executive orders or rules and regulations, or
parts thereof inconsistent with the provisions of this Act are repealed or modified ac-
cordingly.
SEC. 6. Effectivity.—This Act shall take effect fifteen (15) days following its pub-
lication in the Official Gazette or in any daily newspapers of general circulation in the
Philippines.
1186
OBSTRUCTION OF JUSTICE
Right Against Self-Incrimination
One of the so called technicalities that allows culprits to “get off the hook” is the
failure of the arresting officers to follow procedural requirements. One of the most criti-
cal of these requirements is the right of a person detained to be informed of his/her
right to remain silent, to have a competent and independent counsel, etc. This is pat-
terned after the so-called Miranda rights in U.S. jurisdiction as a protection against
police abuses. This is also pursuant to the right against self-incrimination.
To be emphasized is the fact that an extrajudicial confession made by a detained
person must be in writing and must be signed by the detainee in the presence of his
counsel, if any, or in the latter’s absence and upon a valid waiver, in the presence of any
of the persons mentioned in Section 2 (d) below. The consequences of the failure to ob-
serve these procedural requirements not only renders the extrajudicial confession in-
admissible in court (and in any proceeding for that matter), it also exposes the arresting
officers to administrative, criminal and civil liabilities.
In the arena of environmental enforcement, these procedural requirements must
be kept well in mind so as to make effective the enforcement action taken and insulate
the enforcement team from counter-charges which will tend to weaken their resolve and
muddle the issue.
Thus, enforcement officers will be well advised to coordinate with members of the
local public defender’s office of the Department of Justice known as the Public Attor-
ney’s Office (PAO) to ensure that a counsel will be readily available in the event an
environmental enforcement operation turns out positive.
Obstruction of Justice (Presidential Decree No. 1829)

Whereas, crime and violence continue to proliferate despite the sustained vigorous
efforts of the government to effectively contain them;
Whereas, to discourage public indifference or apathy towards the apprehension
and prosecution of criminal offenders, it is necessary to penalize acts which obstruct or
frustrate or tend to obstruct or frustrate the successful apprehension and prosecution of
criminal offenders;
Now, Therefore, I, Ferdinand, E. Marcos, President of the Philippines, by virtue of
the powers vested in me by law do hereby decree and order the following:
SECTION 1. The penalty of prision correccional in its maximum period, or a
fine ranging from 1,000 to 6,000 pesos, or both, shall be imposed upon any person who
knowingly or wilfully obstructs, impedes, frustrates or delays the apprehension of sus-
pects and the investigation and prosecution of criminal cases by committing any of the
following acts:
1187
MISCELLANEOUS LAWS
a. preventing witnesses from testifying in any criminal proceeding or from re-

porting the commission of any offense or the identity of any offender/s by means of brib-
ery, misrepresentation, deceit, intimidation, force or threats;
b. altering, destroying, suppressing or concealing any paper, record, document, or
object, with intent to impair its verity, authenticity, legibility, availability, or ad-
missibility as evidence in
any investigation of or
official proceedings in,
criminal cases, or to be
used in the investigation
of, or official proceedings
in, criminal cases;
c. harboring or
concealing, or facilitating
the escape of, any person
he knows, or has reason-
able ground to believe or
suspect, has committed
any offense under exist-
ing penal laws in order
to prevent his arrest
prosecution and convic-
tion;
d. publicly using a
fictitious name for the
purpose of concealing a
crime, evading prosecu- “The last word in ignorance is the man who says of an animal
tion or the execution of a or plant: “What good is it?” — Aldo Leopold
judgment, or concealing (A. Oposa)
his true name and other
personal circumstances for the same purpose or purposes;
e. delaying the prosecution of criminal cases by obstructing the service of process
or court orders or disturbing proceedings in the fiscal’s offices, in Tanodbayan, or in the
courts;
f. making, presenting or using any record, document, paper or object with
knowledge of its falsity and with intent to affect the course or outcome of the investiga-
tion of, or official proceedings in, criminal cases;
g. soliciting, accepting, or agreeing to accept any benefit in consideration of ab-
staining from, discounting, or impeding the prosecution of a criminal offender;
1188
OBSTRUCTION OF JUSTICE
h. threatening directly or indirectly another with the infliction of any wrong upon
his person, honor or property or that of any immediate member or members of his fam-
ily in order to prevent such person from appearing in the investigation of, or official
proceedings in, criminal cases, or imposing a condition, whether lawful or unlawful, in
order to prevent a person from appearing in the investigation of or in official proceed-
ings in, criminal cases;
i. giving of false or fabricated information to mislead or prevent the law en-
forcement agencies from apprehending the offender or from protecting the life or prop-
erty of the victim; or fabricating information from the data gathered in confidence by
investigating authorities for purposes of background information and not for publica-
tion and publishing or disseminating the same to mislead the investigator or to the
court.
If any of the acts mentioned herein is penalized by any other law with a higher
penalty, the higher penalty shall be imposed.
SEC. 2. If any of the foregoing acts is committed by a public official or employee,
he shall in addition to the penalties provided thereunder, suffer perpetual disqualifica-
tion from holding public office.
Done in the City of Manila, 16 January 1981.
Neutralizing Human Tentacles
In the course of an enforcement action, a suspect who is well connected will have
associates, friends, lieutenants, human tentacles, and even lawyers who will seek to
assist him in every way possible. Some of the ways include attempting to confuse the
enforcement officers, delaying the service of court orders or subpoenas, concealing the
suspect, or otherwise obstructing the process of apprehension, investigation, and prose-
cution of a suspect in a criminal case. The law on the obstruction of justice is another
ammunition in the array and arsenal of legal weapons available to neutralize the ad-
versary. In the game of legal pressure, this is a useful tool to soften the resistance and
to neutralize the suspect’s support group of a suspect enough to isolate him/her to “twist
in the wind” alone.
Note that this law applies only to criminal cases and not to civil cases. In the lat-
ter, charges of contempt of court, falsification or any other appropriate case can be con-
sidered. In case the person obstructing is a public officer, the charges of gross miscon-
duct, dishonesty, manifest partiality, conduct unbecoming of a public official and viola-
tion of the Anti-Graft and Corrupt Practices Law [Republic Act No. 3019, especially
Section 3 (e)] and the Code of Conduct of Public Officials are all also available as addi-
tional weaponry.
1189
MISCELLANEOUS LAWS
Witness Protection Program (Republic Act 6981)

SECTION 1. Name of Act.—This Act shall be known as the “Witness Protection,
Security and Benefit Act”.
SEC. 2. Implementation of Program.—The Department of Justice, hereinafter
referred to as the Department, through its Secretary, shall formulate and implement a
“Witness Protection, Security and Benefit Program”, hereinafter referred to as the Pro-
gram, pursuant to and consistent with the provisions of this Act.
The Department may call upon any department, bureau, office or any other execu-
tive agency to assist in the implementation of the Program and the latter offices shall
be under legal duty and obligation to render such assistance.
“The struggle to save the global environment is in one way much more difficult than the
struggle to vanguish Hitler, for this time the war is with ourselves. We are the enemy,
just as we have only ourselves as allies.”—Al Gore
(A. Oposa)
SEC. 3. Admission into the Program.—Any person who has witnessed or has
knowledge or information on the commission of a crime and has testified or is testifying
or about to testify before any judicial or quasi-judicial body, or before any investigating
authority, may be admitted into the Program:
Provided, That:
a. he offense in which his testimony will be used is a grave felony as defined un-
der the Revised Penal Code, or its equivalent under special laws;
1190
WITNESS PROTECTION PROGRAM
b. his testimony can be substantially corroborated in its material points;

c. he or any member of his family within the second civil degree of consanguinity
or affinity is subjected to threats to his life or bodily injury or there is a likelihood that
he will be killed, forced, intimidated, harassed or corrupted to prevent him from testify-
ing, or to testify falsely, or evasively, because or on account of his testimony; and
d. he is not a law enforcement officer, even if he would be testifying against the
other law enforcement officers. In such a case, only the immediate members of his fam-
ily may avail themselves of the protection provided for under this Act.
If the Department, after examination of said applicant and other relevant facts, is
convinced that the requirements of this Act and its implementing rules and regulations
have been complied with, it shall admit said applicant to the Program, require said
witness to execute a sworn statement detailing his knowledge or information on the
commission of the crime, and thereafter issue the proper certification. For purposes of
this Act, any such person admitted to the Program shall be known as the Witness.
SEC. 4. Witness in Legislative Investigations.—In case of legislative investiga-
tions in aid of legislation, a witness, with his express consent, may be admitted into the
Program upon the recommendation of the legislative committee where his testimony is
needed when in its judgment there is pressing necessity therefore: Provided, That such
recommendation is approved by the President of the Senate or the Speaker of the House
of Representatives, as the case may be.
SEC. 5. Memorandum of Agreement With the Person to be Protected.—Before a
person is provided protection under this Act, he shall first execute a memorandum of
agreement which shall set forth his responsibilities including:
a. to testify before and provide information to all appropriate law enforcement of-
ficials concerning all appropriate proceedings in connection with or arising from the
activities involved in the offense charged;
b. to avoid the commission of the crime;
c. to take all necessary precautions to avoid detection by others of the facts con-
cerning the protection provided him under this Act;
d. to comply with legal obligations and civil judgments against him;
e. to cooperate with respect to all reasonable requests of officers and employees of
the Government who are providing protection under this Act; and
f. to regularly inform the appropriate program official of his current activities
and address.
SEC. 6. Breach of the Memorandum of Agreement.—Substantial breach of the
memorandum of agreement shall be a ground for the termination of the protection pro-
vided under this Act: Provided, however, That before terminating such protection, the
Secretary of Justice shall send notice to the person involved of the termination of the
protection provided under this Act, stating therein the reason for such termination.
1191
MISCELLANEOUS LAWS
SEC. 7. Confidentiality of Proceedings.—All proceedings involving application

for admission into the Program and the action taken thereon shall be confidential in
nature. No information or documents given or submitted in support thereof shall be
released except upon written order of the Department or the proper court.
Any person who violates the confidentiality of said proceedings shall upon convic-
tion be punished with imprisonment of not less than one (1) year but not more than six
(6) years and deprivation of the right to hold a public office or employment for a period
of five (5) years.
SEC. 8. Rights and Benefits.—The witness shall have the following rights and
benefits:
a. To have a secure housing facility until he has testified or until the threat, in-
timidation or harassment disappears or is reduced to a manageable or tolerable level.
When the circumstances warrant, the Witness shall be entitled to relocation and/or
change of personal identity at the expense of the Program. This right may be extended
to any member of the family of the Witness within the second civil degree of consan-
guinity or affinity.
b. The Department shall, whenever practicable, assist the Witness in obtaining a
means of livelihood. The Witness relocated pursuant to this Act shall be entitled to a
financial assistance from the Program for his support and that of his family in such
amount and for such duration as the Department shall determine.
c. In no case shall the Witness be removed from or demoted in work because or
on account of his absences due to his attendance before any judicial or quasi-judicial
body or investigating authority, including legislative investigations in aid of legislation,
in going thereto and in coming therefrom: Provided, That his employer is notified
through a certification issued by the Department, within a period of thirty (30) days
from the date when the Witness last reported for work: Provided, further, That in the
case of prolonged transfer or permanent relocation, the employer shall have the option
to remove the Witness from employment after securing clearance from the Department
upon the recommendation of the Department of Labor and Employment.
Any Witness who failed to report for work because of witness duty shall be paid his
equivalent salaries or wages corresponding to the number of days of absence occasioned
by the Program. For purposes of this Act, any fraction of a day shall constitute a full
day salary or wage. This provision shall be applicable to both government and private
employees.
d. To be provided with reasonable travelling expenses and subsistence allowance
by the Program in such amount as the Department may determine for his attendance in
the court, body or authority where his testimony is required, as well as conferences and
interviews with prosecutors or investigating officers.
1192
e. To be provided with free medical treatment, hospitalization and medicines for

any injury or illness incurred or suffered by him because of witness duty in any private
or public hospital, clinic, or at any such institution at the expense of the Program.
f. If a Witness is killed, because of his participation in the Program, his heirs
shall be entitled to a burial benefit of not less than Ten thousand pesos (P10,000.00)
from the Program exclusive of any other similar benefits he may be entitled to under
other existing laws.
g. In case of death or permanent incapacity, his minor or dependent children
shall be entitled to free education, from primary to college level in any state, or private
school, college or university as may be determined by the Department, as long as they
shall have qualified thereto.
SEC. 9. Speedy Hearing or Trial.—In any case where a Witness admitted into
the Program shall testify, the judicial or quasi-judicial body, or investigating authority
shall assure a speedy hearing or trial and shall endeavor to finish said proceeding
within three (3) months from the filing of the case.
SEC. 10. State Witness.—Any person who has participated in the commission of
a crime and desires to be a witness for the State, can apply and, if qualified as deter-
mined in this Act and by the Department, shall be admitted into the Program whenever
the following circumstances are present:
a. the offense in which his testimony will be used is a grave felony as defined un-
der the Revised Penal Code or its equivalent under special laws;
b. there is absolute necessity for his testimony;
c. there is no other direct evidence available for the proper prosecution of the of-
fense committed:
d. his testimony can be substantially corroborated on its material points;
e. he does not appear to be most guilty; and
f. he has not at any time been convicted of any crime involving moral turpitude.
An accused discharged from an information or criminal complaint by the court in
order that he may be a State Witness pursuant to Section 9 and 10 of Rule 119 of the
Revised Rules of Court may upon his petition be admitted to the Program if he complies
with the other requirements of this Act. Nothing in this Act shall prevent the discharge
of an accused, so that he can be used as a State Witness under Rule 119 of the Revised
Rules of Court.
SEC. 11. Sworn Statement.—Before any person is admitted into the Program
pursuant to the next preceding Section he shall execute a sworn statement describing in
detail the manner in which the offense was committed and his participation therein. If
after said examination of said person, his sworn statement and other relevant facts, the
Department is satisfied that the requirements of this Act and its implementing rules
1193
MISCELLANEOUS LAWS
are complied with, it may admit such person into the Program and issue the corre-
sponding certification.
If his application for admission is denied, said sworn statement and any other tes-
timony given in support of said application shall not be admissible in evidence, except
for impeachment purposes.
SEC. 12. Effect of Admission of a State Witness into the Program.—The certifica-
tion of admission into the Program by the Department shall be given full faith and
credit by the provincial or city prosecutor who is required not to include the Witness in
the criminal complaint or information and if included therein, to petition the court for
his discharge in order that he can utilized as a State Witness. The Court shall order the
discharge and exclusion of the said accused from the information.
Admission into the Program shall entitle such State Witness to immunity from
criminal prosecution for the offense or offenses in which his testimony will be given or
used and all the rights and benefits provided under Section 8 hereof.
SEC. 13. Failure or Refusal of the Witness to Testify.—Any Witness registered in
the Program who fails or refuses to testify or to continue to testify without just cause
when lawfully obliged to do so, shall be prosecuted for contempt. If he testifies falsely or
evasively, he shall be liable to prosecution for perjury. If a State Witness fails or refuses
to testify, or testifies falsely or evasively, or violates any condition accompanying such
immunity without just cause, as determined in a hearing by the proper court, his immu-
nity shall be removed and he shall be subject to contempt or criminal prosecution. More-
over, the enjoyment of all rights and benefits under this Act shall be deemed terminated.
The Witness may, however, purge himself of the contumacious acts by testifying at
any appropriate stage of the proceedings.
SEC. 14. Compelled Testimony.—Any Witness admitted into the Program pur-
suant to Sections 3 and 10 of this Act cannot refuse to testify or give evidence or pro-
duce books, documents, records or writings necessary for the prosecution of the offense
or offenses for which he has been admitted into the Program on the ground of the con-
stitutional right against self-incrimination but he shall enjoy immunity from criminal
prosecution and cannot be subjected to any penalty or forfeiture for any transaction,
matter or thing concerning his compelled testimony or books, documents, records and
writings produced.
In case of refusal of said Witness to testify or give evidence or produce books,
documents, records, or writings, on the ground of the right against self-incrimination,
and the state prosecutor or investigator believes that such evidence is absolutely neces-
sary for a successful prosecution of the offense or offenses charged or under investiga-
tion, he, with the prior approval of the department, shall file a petition with the appro-
priate court for the issuance of an order requiring said Witness to testify, give evidence
or produce the books, documents, records, and writings described, and the court shall
issue the proper order.
1194
The court, upon motion of the state prosecutor or investigator, shall order the ar-
rest and detention of the Witness in any jail contiguous to the place of trial or investiga-
tion until such time that the Witness is willing to give such testimony or produce such
documentary evidence.
SEC. 15. Perjury or Contempt.—No Witness shall be exempt from prosecution
for perjury or contempt committed while giving testimony or producing evidence under
compulsion pursuant to this Act. The penalty next higher in degree shall be imposed in
case of conviction for perjury. The procedure prescribed under Rule 71 of the Rules of
Court shall be followed in contempt proceedings but the penalty to be imposed shall not
be less than one (1) month but not more than one (1) year imprisonment.
SEC. 16. Credibility of Witness.—In all criminal cases, the fact of the entitle-
ment of the Witness to the protection and benefits provided for in this Act shall not be
admissible in evidence to diminish or affect his credibility.
SEC. 17. Penalty for Harassment of Witness.—Any person who harasses a Wit-
ness and thereby hinders, delays, prevents or dissuades a Witness from:
a. attending or testifying before any judicial or quasi-judicial body or investigat-
ing authority;
b. reporting to a law enforcement officer or judge the commission or possible com-
mission of an offense, or a violation of conditions or probation, parole, or release pend-
ing judicial proceedings;
c. seeking the arrest of another person in connection with the offense;
d. causing a criminal prosecution, or a proceeding for the revocation of a parole or
probation; or
e. performing and enjoying the rights and benefits under this Act or attempts to
do so, shall be fined not more than Three thousand pesos (P3,000.00) or suffer impris-
onment of not less than six (6) months but not more than one (1) year, or both, and he
shall also suffer the penalty of perpetual disqualification from holding public office in
case of a public officer.
SEC. 18. Rules and Regulations.—The Department shall promulgate such rules
and regulations as may be necessary to implement the intent and purposes of this Act.
Said rules and regulations shall be published in two (2) newspapers of general circulation.
SEC. 19. Repealing Clause.—All laws, decrees, executive issuances, rules and
regulations inconsistent with this Act are hereby repealed or modified accordingly.
SEC. 20. Funding.—The amount of Ten million pesos (P10,000,000.00) is hereby
authorized to be appropriated out of any funds in the National Treasury not otherwise
appropriated to carry into effect the purpose of this Act.
Expenses incurred in the implementation of the Program may be recovered as part
of the cost or indemnity imposed upon the accused.
1195
MISCELLANEOUS LAWS
Furthermore, other funding schemes or sources, subject to the limitations of the

law, shall be allowed in furtherance hereof.
SEC. 21. Separability Clause.—The declaration of unconstitutionality or invalid-
ity of any provision of this Act shall not affect the other provisions hereof.
its publication in two (2) newspapers of general circulation.
Ensuring the Safety and Integrity of Witnesses
To encourage the successful prosecution of criminal offenses, it is necessary to af-

ford potential witnesses a great degree of protection. This protection takes many forms:
a) physical protection of the witness and his family from physical harm, b) protection
against the loss of employment due to absences brought about by the attendance of
hearings and investigations, c) emotional and social pressure from influential people, d)
economic pressure (a.k.a. bribery).
1. The witness protection program is a most worthy piece of legislation. Its success
however, lies in three critical elements: a) confidentiality of the whereabouts of the wit-
ness; b) the expeditious conclusion of the criminal or other proceedings where the testi-
mony of the witness is required; and c) availability of sufficient budgetary resources to
carry out and fully implement the rights and benefits afforded by Section 8 of the law.
2. Note that the law (and its benefits) become operative only in cases where the tes-
timony of the witness is required involves a grave felony, i.e., those offenses which carry a
penalty of imprisonment ranging 6 years to life imprisonment up to the death penalty.
Official and Public Accountability

Anti-Graft and Corrupt Practices Act (Republic Act 3019)
SECTION 1. Statement of Policy.—It is the policy of the Philippine government,

in line with the principle that a public office is a public trust, to repress certain acts of
public officers and private persons alike which constitute graft or corrupt practices or
which may lead thereto.
SEC. 2. Definition of Terms — As used in this Act, terms mean as follows.—
a. Government includes the national government, the local governments, the gov-
ernment-owned and government-controlled corporations, and all other instrumentali-
ties or agencies of the Republic of the Philippines and their branches.
b. Public officer includes elective and appointive officials and employees, perma-
nent or temporary, whether in the classified or unclassified or exempt service receiving
1196
ANTI-GRAFT AND CORRUPT PRACTICES ACT
compensation, even nominal, from the government as defined in the preceding subpara-
graph.
c. Receiving any gift includes the act of accepting directly or indirectly a gift from
a person other than a member of the public officer’s immediate family, in behalf of him-
self or of any member of his family or relative within the fourth civil degree, either by
consanguinity or affinity, even on the occasion of a family celebration or national festiv-
ity like Christmas, if the value of the gift is, under the circumstances, manifestly exces-
sive.
“Sure there are dishonest men in local government. But there are dishonest men in national
government too.” — Richard M. Nixon
(A. Oposa)
d. Person includes natural and juridical persons, unless the context indicates oth-
erwise.
SEC. 3. Corrupt Practices of Public Officers.—In addition to acts or omissions of
public officers already penalized by existing law, the following shall constitute corrupt
practices of any public officer and are hereby declared to be unlawful:
a. Persuading, inducing, or influencing another public officer to perform an act
constituting a violation of rules and regulations duly promulgated by competent author-
ity or an offense in connection with the official duties of the latter, or allowing himself
to be persuaded, induced, or influenced to commit such violation or offense.
1197
MISCELLANEOUS LAWS
b. Directly or indirectly requesting or receiving any gift, present, share, percent-

age, or benefit, for himself or for any other person, in connection with any contract or
transaction between the government and any other part, wherein the public officer in
his official capacity has to intervene under the law.
c. Directly or indirectly requesting or receiving any gift, present or other pecuni-
ary or material benefit, for himself or for another, from any person for whom the public
officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any
government permit or license, in consideration for the help given or to be given, without
prejudice to Section 13 of this Act.
d. Accepting or having any member of his family accept employment in a private
enterprise which has pending official business with him during the pendency thereof or
within one year after its termination.
e. Causing any undue injury to any party, including the government, or giving
any private party any unwarranted benefits, advantage or preference in the discharge
of his official administrative or judicial functions through manifest partiality, evident
bad faith or gross inexcusable negligence. This provision shall apply to officers and
employees of offices or government corporations charged with the grant of licenses or
permits or other concessions.
f. Neglecting or refusing, after due demand or request, without sufficient justifi-
cation, to act within a reasonable time on any matter pending before him for the pur-
pose of obtaining, directly or indirectly, from any person interested in the matter some
pecuniary or material benefit or advantage, or for the purpose of favoring his own inter-
est or giving undue advantage in favor of or discriminating against any other interested
party.
g. Entering, on behalf of the government, into any contract or transaction mani-
festly and grossly disadvantageous to the same, whether or not the public officer prof-
ited or will profit thereby.
h. Directly or indirectly having financing or pecuniary interest in any business,
contract or transaction in connection with which he intervenes or takes part in his offi-
cial capacity, or in which he is prohibited by the Constitution or by any law from having
any interest.
i. Directly or indirectly becoming interested, for personal gain, or having a mate-
rial interest in any transaction or act requiring the approval of a board, panel, or group
of which he is a member, and which exercises discretion in such approval, even if he
votes against the same or does not participate in the action of the board, committee,
panel or group.
Interest for personal gain shall be presumed against those public officers responsi-
ble for the approval of manifestly unlawful, inequitable, or irregular transaction or acts
by the board, panel or group to which they belong.
1198
j. Knowingly approving or granting any license, permit, privilege or benefit in

favor of any person not qualified for or not legally entitled to such license, permit, privi-
lege or advantage, or of a mere representative or dummy of one who is not so qualified
or entitled.
k. Divulging valuable information of a confidential character, acquired by his of-
fice or by him on account of his official position to unauthorized persons, or releasing
such information in advance of its authorized release date.
The person giving the gift, present, share, percentage or benefit referred to in sub-
paragraphs (b) and (c); or offering or giving to the public officer the employment men-
tioned in subparagraph (d); or urging the divulging or untimely release of the confiden-
tial information referred to in subparagraph (k) of this Section, shall, together with the
offending public officer, be punished under Section 9 of this Act and shall be perma-
nently or temporarily disqualified in the discretion of the Court, from transacting busi-
ness in any form with the government.
SEC. 4. Prohibition on Private Individuals.—
a. It shall be unlawful for any person having family or close personal relation
with any public official to capitalize or exploit or take advantage of such family or close
personal relation by directly or indirectly requesting or receiving any present, gift or
material or pecuniary advantage from any other person having some business, transac-
tion, application, request or contract with the government, in which such public official
has to intervene. Family relation shall include the spouse or relatives by consanguinity
or affinity in the third civil degree. The term close personal relation shall include close
personal friendship, social and fraternal connections, and professional employment all
giving rise to intimacy which assures free access to such public officer.
b. It shall be unlawful for any person knowingly to induce or cause any public of-
ficial to commit any of the offenses defined in Section 3 hereof.
SEC. 5. Prohibition on Certain Relatives.—It shall be unlawful for the spouse or
for any relative, by consanguinity or affinity, within the third civil degree, of the Presi-
dent of the Philippines, the Vice-President of the Philippines, the President of the Sen-
ate, or the Speaker of the House of Representatives, to intervene, directly or indirectly,
in any business, transaction, contract or application with the government: Provided,
That this Section shall not apply to any person who, prior to the assumption of office of
any of the above officials to whom he is related, has been already dealing with the gov-
ernment along the same line of business, nor to any transaction, contract or application
already existing or pending at the time of such assumption of public office, nor to any
application filed by him the approval of which is not discretionary on the part of the
official or officials concerned but depends upon compliance with requisites provided by
law, or rules or regulations issued pursuant to law, nor to any act lawfully performed in
an official capacity or in the exercise of a profession.
SEC. 6. Prohibition on Members of Congress.—It shall be unlawful hereafter for
any Member of the Congress during the term for which he has been elected, to acquire
1199
MISCELLANEOUS LAWS
or receive any personal pecuniary interest in any specific business enterprise which will
be directly and particularly favored or benefited by any law or resolution authored by
him previously approved or adopted by the Congress during the same term.
The provision of this Section shall apply to any other public officer who recom-
mended the initiation in Congress of the enactment or adoption of any law or resolution,
and acquires or receives any such interest during his incumbency.
It shall likewise be unlawful for such member of Congress or other public officer,
who, having such interest prior to the approval of such law or resolution authored or
recommended by him, continues for thirty days after such approval to retain such inter-
est.
SEC. 7. Statement of Assets and Liabilities.—Every public officer, within thirty
days after the approval of this Act or after assuming office, and within the month of
January of every other year thereafter, as well as upon the expiration of his term of
office, or upon his resignation or separation from office, shall prepare and file with the
office of the corresponding Department Head, or in the case of a Head of Department or
chief of an independent office, with the Office of the President, or in the case of mem-
bers of the Congress and the officials and employees thereof, with the Office of the Sec-
retary of the corresponding House, a true detailed and sworn statement of assets and
liabilities, including a statement of the amounts and sources of his income, the amounts
of his personal and family expenses and the amount of income taxes paid for the next
preceding calendar year: Provided, That public officers assuming office less than two
months before the end of the calendar year, may file their statements in the following
months of January.
SEC. 8. Dismissal Due to Unexplained Wealth.—If in accordance with the provi-
sions of Republic Act No. 1379, a public official has been found to have acquired during
his incumbency, whether in his name or in the name of other persons, an amount of
property and/or money manifestly out of proportion to his salary and to his other lawful
income, that fact shall be a ground for dismissal or removal. Properties in the name of
the spouse and unmarried children of such public official may be taken into considera-
tion, when their acquisition through legitimate means cannot be satisfactorily shown.
Bank deposits shall be taken into consideration in the enforcement of this Section, not-
withstanding any provision of law to the contrary.
SEC. 9. Penalties for Violations.—
a. Any public officer or private person committing any of the unlawful acts or
omissions enumerated in Sections 3, 4, 5, and 6 of this Act shall be punished with im-
prisonment for not less than one year nor more than ten years, perpetual disqualifica-
tion from public office, and confiscation or forfeiture in favor of the government of any
prohibited interest and unexplained wealth manifestly out of proportion to his salary
and other lawful income.
Any complaining party at whose complaint the criminal prosecution was initiated
shall, in case of conviction of the accused, be entitled to recover in the criminal action
1200
with priority over the forfeiture in favor of the government, the amount of money or the
thing he may have given to the accused, or the value of such thing.
b. Any public officer violation any of the provisions of Section 7 of this Act shall
be punished by a fine of not less than one hundred pesos nor more than one thousand
pesos, or by imprisonment not exceeding one year, or by both such fine and imprison-
ment, at the discretion of the Court.
The violation of said Section proven in a proper administrative proceeding shall be
sufficient cause for removal or dismissal of a public officer, even if no criminal prosecu-
tion is instituted against him.
SEC. 10. Competent Court.—Until otherwise provided by law, all prosecutions
under this Act shall be within the original jurisdiction of the proper Court of First In-
stance.
SEC. 11. Prescription of Offenses.—All offenses punishable under this Act shall
prescribe in ten years.
SEC. 12. Termination of Office.—No public officer shall be allowed to resign or
retire pending an investigation, criminal or administrative, or pending a prosecution
against him, for any offense under this Act or under the provisions of the Revised Penal
Code on bribery.
SEC. 13. Suspension and Loss of Benefits.—Any public officer against whom any
criminal prosecution under a valid information under this Act or under the provisions of
the Revised Penal Code on bribery is pending in court, shall be suspended from office.
Should he be convicted by final judgment, he shall lose all retirement or gratuity bene-
fits under any law, but if he is acquitted, he shall be entitled to reinstatement and to
the salaries and benefits which he failed to receive during suspension, unless in the
meantime administrative proceedings have been filed against him.
SEC. 14. Exception.—Unsolicited gifts or presents of small or insignificant value
offered or given as a mere ordinary token of gratitude or friendship according to local
customs or usage, shall be excepted from the provisions of this Act.
Nothing in this Act shall be interpreted to prejudice or prohibit the practice of any
profession, lawful trade or occupation by any private person or by any public officer who
under the law may legitimately practice his profession, trade or occupation, during his
incumbency, except where the practice of such profession, trade or occupation involves
conspiracy with any other person or public official to commit any of the violations penal-
ized in this Act.
SEC. 15. Separability Clause—If any provision of this Act or the application of
such provision to any person or circumstances is declared invalid, the remainder of the
Act or the application of such provision to other persons or circumstances shall not be
affected by such declaration.
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MISCELLANEOUS LAWS
SEC. 16. Effectivity.—This Act shall take effect on its approval, but for the pur-
pose of determining unexplained wealth, all property acquired by a public officer since
he assumed office shall be taken into consideration.
Approved: August 17, 1960.
Criminal Liability of the Head of Office
For a head of office to be held responsible for graft, e.g., estafa through falsification
of public documents, it must be shown that he was a party to the conspiracy. To require
heads of offices to examine every detail and investigate every step in the transaction
which need their signatures would lead to the paralysis of governmental functions.
They can therefore in good faith rely on their subordinates and presume the regularity
of the transactions elevated to him for signature, unless there is an indication to the
contrary.
Facts: Hermenegildo M. Magsuci, Regional Director of the Bureau of Fisheries
and Aquatic Resources (BFAR) in Cagayan de Oro City, Central Office Engineer David
T. Enriquez and Jaime B. Ancla, General Manager of Dexter Construction, were ac-
cused of conspiring with one another to defraud the government of P412,729.24. They
were charged before the Sandiganbayan for violation of Arts. 318 and 171 of the RPC
which defines the complex crime of estafa thru falsification of public documents. The
Sandiganbayan found the facts to be as follows:
“Sometime in January 1980, the Bureau of Fisheries and Aquatic Resources
(BFAR) and Dexter Construction (DEXTER), represented by its Manager Jaime B.
Ancla, entered into a ‘Contract of Service’ for the construction by the latter of a 40-ton
ice-making plant, including a 150-ton ice storage and 350-ton cold storage facility, in
Surigao City. In October 1982, while the construction was still on-going, BFAR and
Ancla executed a supplemental ‘Memorandum of Agreement,’ under which Ancla addi-
tionally undertook ‘the purchase and installation of three distribution transformers and
construction of circular steel elevated tank’ for P910,500.00. On 10 March 1983, BFAR
Central Office Engineer David T. Enriquez, charged with the duty to render accom-
plishment reports on the progress of the construction and to certify on the work accom-
plishments of DEXTER, prepared and signed an Accomplishment Report as well as a
Certification attesting to the progress and extent of completion of the additional work.
The report also bore the signature of Ancla. On the following day, or on 11 March 1983,
Hermenegildo M. Magsuci, the newly designated BFAR Regional Director for Region X,
Cagayan de Oro City, read the Accomplishment Report and Certification, affixed his
signature thereon, and directed the Chief of the Fisheries Extension Division in Ca-
gayan de Oro City, David F. Ernacio, to cause the issuance of the corresponding
voucher. Disbursement Voucher No. 3-0061, to which the Accomplishment Report and
1202
Certification were attached, was thereupon prepared for the payment of 45.32%
(P412,729.24) of the contract price of P910,700.00, or P357,217.16 after deducting the
contractor’s tax, withholding tax and the required retention.
Magsuci signed the disbursement voucher, carrying the standard printed certifica-
tion that the expenses were necessary, lawful and incurred under his supervision.
Forthwith, Magsuci likewise signed four checks, payable to the order of DEXTER, in the
total amount of P357,217.16. The disbursement voucher, along with its attachments,
and the corresponding checks were then transmitted from the regional office to the
BFAR Central Office in Manila. Director Felix R. Gonzales approved the voucher and
co-signed the checks. Later, the checks were released to DEXTER.
As it turned out, however, the additional work so represented to have been ac-
complished in the field report and certifications had yet to be undertaken. Although
somewhat hazy, it would appear that the work was ultimately completed in December
1983.”
Based on the information, the Sandiganbayan rendered a decision finding Magsuci
guilty and sentenced him to prison plus payment of a fine. Magsuci appeals his convic-
tion.
Issue: Is Magsuci guilty of graft?
Held: No. There was no strong evidence which suggests that Magsuci conspired
with his co-accused in committing the crime. “Fairly evident, however, is the fact that
the actions taken by Magsuci involved the very functions he had to discharge in the
performance of his official duties. There has been no intimation at all that he had fore-
knowledge of any irregularity committed by either or both Engr. Enriquez and Ancla.
Petitioner might have indeed been lax d administratively remiss in placing too much
reliance on the official reports submitted by his subordinate (Engineer Enriquez). How-
ever, for conspiracy to exist, it is essential that there must be a conscious design to
commit an offense. Conspiracy is not the product of negligence but of intentionality on
the part of cohorts.
“In Arias v. Sandiganbayan, this Court, aware of the dire consequences that a dif-
ferent rule could bring, has aptly concluded:
“We would be setting a bad precedent if a head of office plagued by all too common
problems—dishonest or negligent subordinates, overwork, multiple assignments or
positions, or plain incompetence – is suddenly swept into a conspiracy conviction sim-
ply because he did not personally examine every single detail and painstakingly trace
every step from inception of, and investigate the motives of every person involved, in a
transaction before affixing his signature as the final approving authority.”
“All heads of offices have to rely to a reasonable extent on their subordinates and
on the good faith of those who prepare bids, purchase supplies, or enter into negotia-
tions. There has to be some added reason why he should examine each voucher in such
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MISCELLANEOUS LAWS
detail. Any executive head of even small government agencies or commissions can attest
to the volume of papers that must be signed.
There are hundreds of documents, letters, memoranda, vouchers and supporting
papers that routinely pass through his hands. The number in bigger offices or depart-
ments is even more appalling.”
“We are not unaware of an observation made by this Court in People v. Rodis to
the effect that a person may be so held liable as a co-principal if he, by an act of reckless
imprudence, has brought about the commission of estafa through falsification, or mal-
versation through falsification, without which the crime could not have been accom-
plished. When, however, that infraction in the reliance in good faith, albeit misplaced,
by a head of office on a subordinate upon whom the primary responsibility rests, and
absent a clear case of conspiracy, the Arias doctrine must be held to prevail.”
Magsuci v. Sandiganbayan
G.R. No. L-101545, January 3, 1995
Guilt Not Based on Presumption
“There is no question about the need to ferret out and convict public officers whose
acts have made the bidding out and construction of public works and highways syn-
onymous with graft or criminal inefficiency in the public eye. However, the remedy is
not to indict and jail every person who may have ordered the project, who signed a
document incident to its construction, or who had a hand somewhere in its implementa-
tion. The careless use of the conspiracy theory may sweep into jail even innocent per-
sons who may have been made unwitting tools by the criminal minds who engineered
the defraudation.
“Under the Sandiganbayan’s decision in this case, a department secretary, bureau
chief, commission chairman, agency head, and all chief auditors would be equally cul-
pable for every crime arising from disbursements which they have approved. The de-
partment head or chief auditor would be guilty of conspiracy simply because he was the
last of a long line of officials and employees who acted upon or affixed their signatures
to a transaction. Guilt must be premised on a more knowing, personal, and deliberate
participation of each individual who is charged with others as part of a conspiracy.
“We would be setting a bad precedent if a head of office plagued by all too common
problems—dishonest or negligent subordinates, overwork, multiple assignments or
positions, or plain incompetence—is suddenly swept into a conspiracy conviction simply
because he did not personally examine every single detail, painstakingly trace every
step from inception, and investigate the motives of every person involved in a transac-
tion before affixing his signature as the final approving authority.”
Arias v. Sandiganbayan
G.R. No. 81563, December 19, 1989
1204
Proof of Actual Damage
Undue injury within the meaning of the Anti-Graft Law (Republic Act No. 3019)
must be quantified and proven. The term causing undue injury refers not only to posi-
tive acts but also to passive acts or inaction.
Facts: Assistant Municipal Treasurer Leticia C. Fuentes petitioned the RTC of
Zamboanga to compel Mayor Cresente Y. Llorente, Jr. of Sindangan, Zamboanga del
Norte to sign and approve payrolls and vouchers representing payments and emoluments
due to the former. She alleged bad faith on the part of the mayor for refusing to sign the
documents and asked for damages. However, during the course of the case, a compromise
agreement was reached between the two when the mayor promised to sign the papers.
But when the fulfillment of the promise was delayed, Fuentes filed another suit, this time
before the Sandiganbayan, for violation of Section 3 (e) of Republic Act No. 3019, other-
wise known as the Anti-Graft and Corrupt Practices Act. In her petition, she alleged that
this delay in the payment of her benefits resulted in undue injury upon her.
Mayor Llorente interposed the defense that the delay was not his fault, but in-
stead was due to Fuentes’ refusal or failure to submit all the required money and prop-
erty clearances. Moreover, he alleged that the Sangguniang Bayan of Sindangan was
late in enacting a supplemental budget that would cover the amount indicated in Fuen-
tes’ money claims.
However, the Sandiganbayan ruled in favor of Fuentes and sentenced the mayor to
6 to 7 years of imprisonment, perpetual disqualification from public office and to pay
the costs.
In this appeal to the Supreme Court, Mayor Llorente claims that Section 3 (e) of
Republic Act No. 3019 does not apply in this case since to violate that law requires a
positive act—a malfeasance (outright refusal) or misfeasance (intentional neglect), and
not nonfeasance (failure to act due to causes beyond the will of the person). He also
claimed that Fuentes did not suffer undue injury because she has been fully paid of her
emoluments, and there was no bad faith on his part since his approval of the vouchers
were contingent on her submission of the required clearances and the Sanggunian’s
passage of the appropriations ordinance.
Issue No. 1: Did the plaintiff suffer “undue injury” in the context of Section 3 (e)?
Held: No. There must be proof of actual injury or damage suffered before a
claim for “undue injury” in Section 3 (e) can be established. “In fact, the causing of
undue injury or the giving of any unwarranted benefits, advantage or preference
through manifest partiality, evident bad faith or gross inexcusable negligence consti-
tutes the very act punished under this section. Thus, it is required that the undue in-
jury be specified, quantified and proven to the point of moral certainty.” In this case,
after the plaintiff received her monetary claims, there is no longer any basis for com-
pensatory damages or undue injury, there being nothing more to compensate.
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MISCELLANEOUS LAWS
Issue No. 2: Does Section 3 (e) require a positive act to be properly cognizable?
Held: No. The term causing in Section 3 (e) means “to be the cause or occasion
of, to effect as an agent, to bring into existence, to make or to induce, to compel” (Pecho
v. Sandiganbayan, 238 SCRA 116). “Causing is, therefore, not limited to positive acts
only. Even passive acts or inaction may cause undue injury. What is essential is that
undue injury, which is quantifiable and demonstrable, results from the questioned offi-
cial act or inaction.”
Llorente v. Sandiganbayan
287 SCRA 382, March 11, 1998
Legal Empowerment
1. The effective enforcement of environmental laws, or of any other law for that
matter, requires the active participation, engagement, and involvement of the commu-
nity at large, the public, so to speak. It is only when concerned citizens take the effort to
report violations and provide details thereof, will the public officials have the opportu-
nity to know of said violation and take the necessary action. After all, public officials
cannot be everywhere (omnipresent) and all-knowing (omniscient).
2. Filipinos are generally a very reserved people. Notwithstanding our Latin joie
d vive, we have the non-confrontational, the tolerant almost submissive characteristic
typical of the Asian cultures, sometimes to the point of indifference and apathy.
There is also the all-too-human fear of being involved in a controversy not only be-
cause it can be a “waste of time” that will distract us from our daily chores of making a
living but also for fear of reprisal. This characteristic is not confined to Filipinos but, as
earlier pointed out, a trait common to all peoples of the world, only magnified among
the peace-loving Filipino people, and further magnified in the case of the violation of
environmental laws, “victimless” crimes as they are.
3. There are citizens, however, who by their nature, or because of the outrageous
conduct of the violators of law, have mustered enough courage to report the violation to
the concerned public officials. But even then, when the report is to be done in writing,
the concerned citizen/s will shirk from this chore. Filipinos are generally not letter-
writers, especially if the letter is to be written in a language not of their native tongue,
that is, to be written in English as they may be shy to write in their native dialect. And
then again, even those who can speak or write English well enough are often afraid of
the legal implications of what they write or have reservations on spelling, grammar,
syntax, vocabulary, etc.
To assist and engage the ordinary citizen in the task of environmental laws en-
forcement, we have taken the liberty to prepare a form letter that will afford the reader
ample information necessary to take the appropriate action.
1206
CODE OF CONDUCT AND ETHICAL STANDARDS
FOR PUBLIC OFFICIALS
Code of Conduct and Ethical Standards for Public Officials

(Republic Act 6713)
SECTION 1. Title.—This Act shall be known as the “Code of Conduct and Ethi-
cal Standards for Public Officials and Employees.”
SEC. 2. Declaration
of Policies.—It is the policy
of the State to promote a
high standard of ethics in
public service. Public officials
and employees shall at all
times be accountable to the
people and shall discharge
their duties with utmost res-
ponsibility, integrity, compe-
tence, and loyalty, act with
patriotism and justice, lead
modest lives, and uphold
public interest over personal
interest.
SEC. 3. Definition of
Terms.—As used in this Act,
the terms:
a. Government inclu-
des the national government, “The activist is not the man who says the river is dirty. The
the local governments, and activist is the man who cleans up the river.”—Ross Perot
all other instrumentalities, (A. Oposa)
agencies or branches of the
Republic of the Philippines including government-owned or -controlled corporations,
and their subsidiaries.
b. Public officials includes elective and appointive officials and employees, per-
manent or temporary, whether in the career or non-career service, including military
and police personnel, whether or not they receive compensation, regardless of amount.
c. Gift refers to a thing or a right to dispose of gratuitously, or any act or liberal-
ity, in favor of another who accepts it, and shall include a simulated sale or an ostensi-
bly onerous disposition thereof. It shall not include an unsolicited gift of nominal or
insignificant value not given in anticipation of, or in exchange for, a favor from a public
official or employee.
d. Receiving any gift includes the act of accepting directly or indirectly, a gift
from a person other than a member of his family or relative as defined in this Act, even
on the occasion of a family celebration or national festivity like Christmas, if the value
1207
MISCELLANEOUS LAWS
of the gift is neither nominal nor insignificant, or the gift is given in anticipation of, or
in exchange for, a favor.
e. Loan covers both simple loan and commodatum as well as guarantees, financ-
ing arrangements or accommodations intended to ensure its approval.
f. Substantial stockholder means any person who owns, directly or indirectly,
shares of stock sufficient to elect a director of a corporation. This term shall also apply
to the parties to a voting trust.
g. Family of public officials or employees means their spouses and unmarried
children under eighteen (18) years of age.
h. Person includes natural and juridical persons unless the context indicates oth-
erwise.
i. Conflict of interest arises when a public official or employee is a member of a
board, an officer, or a substantial stockholder of a private corporation or owner or has a
substantial interest in a business, and the interest of such corporation or business, or
his rights or duties therein, may be opposed to or affected by the faithful performance of
official duty.
j. Divestment is the transfer of title or disposal of interest in property by volun-
tarily, completely and actually depriving or dispossessing oneself of his right or title to
it in favor of a person or persons other than his spouse and relatives as defined in this
Act.
k. Relatives refer to any and all persons related to a public official or employee
within the fourth civil degree of consanguinity or affinity, including bilas, inso, and
balae.
SEC. 4. Norms of Conduct of Public Officials and Employees.—
A. Every public official and employee shall observe the following as standards of
personal conduct in the discharge and execution of official duties:
a. Commitment to public interest — Public officials and employees shall always
uphold the public interest over and above personal interest. All government resources
and powers of their respective offices must be employed and used efficiently, effectively,
honestly and economically, particularly to avoid wastage in public funds and revenues.
b. Professionalism — Public officials and employees shall perform and discharge
their duties with the highest degree of excellence, professionalism, intelligence and
skill. They shall enter public service with utmost devotion and dedication to duty. They
shall endeavor to discourage wrong perceptions of their roles as dispensers or peddlers
of undue patronage.
c. Justness and sincerity — Public officials and employees shall remain true to
the people at all times. They must act with justness and sincerity and shall not dis-
criminate against anyone, especially the poor and the underprivileged. They shall at all
times respect the rights of others, and shall refrain from doing acts contrary to law,
1208
good morals, good customs, public policy, public order, public safety and public interest.
They shall not dispense or extend undue favors on account of their office to their rela-
tives whether by consanguinity or affinity except with respect to appointments of such
relatives to positions considered strictly confidential or as members of their personal
staff whose terms are co-terminous with theirs.
d. Political neutrality — Public officials and employees shall provide service to
everyone without unfair discrimination and regardless of party affiliation or preference.
e. Responsiveness to the public — Public officials and employees shall extend
prompt, courteous, and adequate service to the public. Unless otherwise provided by
law or when required by the public interest, public officials and employees shall provide
information of their policies and procedures in clear and understandable language,
ensure openness of information, public consultations and hearings whenever appropri-
ate, encourage suggestions, simplify and systematize policy, rules and procedures, avoid
red tape and develop an understanding and appreciation of the socio-economic condi-
tions prevailing in the country, especially in the depressed rural and urban areas.
f. Nationalism and patriotism — Public officials and employees shall at all times
be loyal to the Republic and to the Filipino people, promote the use of locally produced
goods, resources and technology and encourage appreciation and pride of country and
people. They shall endeavor to maintain and defend Philippine sovereignty against
foreign intrusion.
g. Commitment to democracy — Public officials and employees shall commit
themselves to the democratic way of life and values, maintain the principle of public
accountability, and manifest by deeds the supremacy of civilian authority over the mili-
tary. They shall at all times uphold the Constitution and put loyalty to country above
loyalty to persons or party.
h. Simple living — Public officials and employees and their families shall lead
modest lives appropriate to their positions and income. They shall not indulge in ex-
travagant or ostentatious display of wealth in any form.
B. The Civil Service Commission shall adopt positive measures to promote (1) ob-
servance of these standards including the dissemination of information programs and
workshops authorizing merit increases beyond regular progression steps, to a limited
number of employees recognized by their office colleagues to be outstanding in their
observance of ethical standards; and (2) continuing research and experimentation on
measures which provide positive motivation to public officials and employees in raising
the general level of observance of these standards.
SEC. 5. Duties of Public Officials and Employees.—In the performance of their
duties, all public officials and employees are under obligation to:
a. Act promptly on letters and requests — All public officials and employees
shall, within fifteen (15) working days from receipt thereof, respond to letters, tele-
1209
MISCELLANEOUS LAWS
grams, or other means of communications sent by the public. The reply must contain
the action taken on the request.
b. Submit annual performance reports — All heads or other responsible officers
of offices and agencies of the government and of government-owned or controlled corpo-
rations shall, within forty-five (45) working days from the end of the year, render a
performance report of the agency or office or corporation concerned. Such report shall be
open and available to the public within regular office hours.
c. Process documents and papers expeditiously —All official papers and docu-
ments must be processed and completed within a reasonable time from the preparation
thereof and must contain, as far as practicable, not more than three (3) signatories
therein. In the absence of duly authorized signatories, the official next-in-rank or officer
in charge shall sign for and in their behalf.
d. Act immediately on the public’s personal transactions — All public officials
and employees must attend to anyone who wants to avail himself of the services of their
offices and must, at all times, act promptly and expeditiously.
e. Make documents accessible to the public — All public documents must be
made accessible to, and readily available for inspection by, the public within reasonable
working hours.
SEC. 6. System of Incentives and Rewards.—A system of annual incentives and
rewards is hereby established in order to motivate and inspire public servants to uphold
the highest standards of ethics. For this purpose, a Committee on Awards to Out-
standing Public Officials and Employees is hereby created composed of the following:
the Ombudsman and Chairman of the Civil Service Commission as Co-Chairmen, and
the Chairman of the Commission on Audit, and two government employees to be ap-
pointed by the President, as members.
It shall be the task of this Committee to conduct a periodic, continuing review of
the performance of public officials and employees, in all the branches and agencies of
government and establish a system of annual incentives and rewards to the end that
due recognition is given to public officials and employees of outstanding merit on the
basis of the standards set forth in this Act.
The conferment of awards shall take into account, among other things, the follow-
ing: the years of service and the quality and consistency of performance, the obscurity of
the position, the level of salary, the unique and exemplary quality of a certain achieve-
ment, and the risks or temptations inherent in the work. Incentives and rewards to
government officials and employees of the year to be announced in public ceremonies
honoring them may take the form of bonuses, citations, directorships in government-
owned or controlled corporations, local and foreign scholarship grants, paid vacations
and the like. They shall likewise be automatically promoted to the next higher position
with the commensurate salary suitable to their qualifications. In case there is no next
higher position or it is not vacant, said position shall be included in the budget of the
1210
office in the next General Appropriations Act. The Committee on Awards shall adopt its
own rules to govern the conduct of its activities.
SEC. 7. Prohibited Acts and Transactions.—In addition to acts and omissions of
public officials and employees now prescribed in the Constitution and existing laws, the
following shall constitute prohibited acts and transactions of any public official and
employee and are hereby declared to be unlawful:
a. Financial and material interest — Public officials and employees shall not, di-
rectly or indirectly, have any financial or material interest in any transaction requiring
the approval of their office.
b. Outside employment and other activities related thereto—Public officials and
employees during their incumbency shall not:
1. Own, control, manage or accept employment as officer, employee, con-
sultant, counsel, broker, agent, trustee or nominee in any private enterprise regu-
lated, supervised or licensed by their office unless expressly allowed by law;
2. Engage in the private practice of their profession unless authorized by
the Constitution or law, provided, that such practice will not conflict or tend to
conflict with their official functions; or
3. Recommend any person to any position in a private enterprise which has
a regular or pending official transaction with their office.
These prohibitions shall continue to apply for a period of one (1) year after resigna-
tion, retirement, or separation from public office, except in the case of subparagraph (b)
(2) above, but the professional concerned cannot practice his profession in connection
with any matter before the office he used to be with, in which case the one-year prohibi-
tion shall likewise apply.
c. Disclosure and/or misuse of confidential information — Public officials and
employees shall not use or divulge, confidential or classified information officially
known to them by reason of their office and not made available to the public, either:
1. To further their private interests, or give undue advantage to anyone; or
2. To prejudice the public interest.
d. Solicitation or acceptance of gifts — Public officials and employees shall not
solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or
anything of monetary value from any person in the course of their official duties or in
connection with any operation being regulated by, or any transaction which may be
affected by the functions of their office.
As to gifts or grants from foreign governments, the Congress consents to:
(i) The acceptance and retention by a public official or employee of a gift of
nominal value tendered and received as a souvenir or mark of courtesy;
1211
MISCELLANEOUS LAWS
(ii) The acceptance by a public official or employee of a gift in the nature of a

scholarship or fellowship grant or medical treatment; or
(iii) The acceptance by a public official or employee of travel grants or expenses
for travel taking place entirely outside the Philippines (such as allowances, transporta-
tion, food, and lodging) of more than nominal value if such acceptance is appropriate or
consistent with the interests of the Philippines, and permitted by the head of office,
branch or agency to which he belongs.
The Ombudsman shall prescribe such regulations as may be necessary to carry out
the purpose of this subsection, including pertinent reporting and disclosure require-
ments.
Nothing in this Act shall be construed to restrict or prohibit any educational, sci-
entific or cultural exchange programs subject to national security requirements.
SEC. 8. Statements and Disclosure.—Public officials and employees have an ob-
ligation to accomplish and submit declarations under oath of, and the public has the
right to know, their assets, liabilities, net worth and financial and business interests
including those of their spouses and of unmarried children under eighteen (18) years of
age living in their households.
A. Statements of Assets and Liabilities and Financial Disclosure — All public of-
ficials and employees, except those who serve in an honorary capacity, laborers and
casual or temporary workers, shall file under oath their Statement of Assets, Liabilities
and Net Worth and a Disclosure of Business Interests and Financial Connections and
those of their spouses and unmarried children under eighteen (18) years of age living in
their households.
The two documents shall contain information on the following:
a. real property, its improvements, acquisition costs, assessed value and current
fair market value;
b. personal property and acquisition cost;
c. all other assets such as investments, cash on hand or in banks, stocks, bonds,
and the like;
d. liabilities, and;
e. all business interests and financial connections.
The documents must be filed:
a. within thirty (30) days after assumption of office;
b. on or before April 30, of every year thereafter; and
c. within thirty (30) days after separation from the service.
All public officials and employees required under this section to file the aforestated
documents shall also execute, within thirty (30) days from the date of their assumption
of office, the necessary authority in favor of the Ombudsman to obtain from all appro-
1212
priate government agencies, including the Bureau of Internal Revenue, such documents
as may show their assets, liabilities, net worth, and also their business interests and
financial connections in previous years, including, if possible, the year when they first
assumed any office in the government.
Husband and wife who are both public officials or employees may file the required
statements jointly or separately.
The Statements of Assets, Liabilities and Net Worth and the Disclosure of Busi-
ness Interests and Financial Connections shall be filed by:
1. Constitutional and national elective officials, with the national office of the
Ombudsman;
2. Senators and Congressmen, with the Secretaries of the Senate and the House
of Representatives, respectively; Justices, with the Clerk of Court of the Supreme
Court; Judges, with the Court Administrator; and all national executive officials with
the Office of the President.
3. Regional and local officials and employees, with the Deputy Ombudsman in
their respective regions;
4. Officers of the armed forces from the rank of colonel or naval captain, with the
Office of the President, and those below said ranks, with the Deputy Ombudsman in
their respective regions; and
5. All other public officials and employees, defined in Republic Act No. 3019, as
amended, with the Civil Service Commission.
B. Identification and disclosure of relatives — It shall be the duty of every public
official or employee to identify and disclose, to the best of his knowledge and informa-
tion, his relatives in the government in the form, manner, and frequency prescribed by
the Civil Service Commission.
C. Accessibility of documents—
1. Any and all statements filed under this Act, shall be made available for inspec-
tion at reasonable hours.
2. Such statements shall be made available for copying or reproduction after ten
(10) working days from the time they are filed as required by law.
3. Any person requesting a copy of a statement shall be required to pay a reason-
able fee to cover the cost of reproduction and mailing of such statement, as well as the
cost of certification.
4. Any statement filed under this Act shall be available to the public for a period
of ten (10) years after receipt of the statement. After such period, the statement may be
destroyed unless needed in an ongoing investigation.
D. Prohibited acts — It shall be unlawful for any person to obtain or use any
statement filed under this Act for:
1213
MISCELLANEOUS LAWS
a. any purpose contrary to morals or public policy; or

b. any commercial purpose other than by news and communications media
for dissemination to the general public.
SEC. 9. Divestment.—A public official or employee shall avoid conflicts of inter-
est at all times. When a conflict of interest arises, he shall resign from his position in
any private business enterprise within thirty (30) days from his assumption of office
and/or divest himself of his shareholdings or interest within sixty (60) days from such
assumption.
The same rule shall apply where the public official or employee is a partner in a
partnership.
The requirement of divestment shall not apply to those who serve the government
in an honorary capacity nor to laborers and casual or temporary workers.
SEC. 10. Review and Compliance Procedure—
a. The designated Committees of both Houses of the Congress shall establish pro-
cedures for the review of statements to determine whether said statements which have
been submitted on time, are complete, and are in proper form. In the event a determi-
nation is made that a statement is not so filed, the appropriate Committee shall so
inform the reporting individual and direct him to take the necessary corrective action.
b. In order to carry out their responsibilities under this Act, the designated Com-
mittees of both Houses of Congress shall have the power within their respective juris-
dictions, to render any opinion interpreting this Act, in writing, to persons covered by
this Act, subject in each instance to the approval by affirmative vote of the majority of
the particular House concerned.
The individual to whom an opinion is rendered, and any other individual involved
in a similar factual situation, and who, after issuance of the opinion acts in good faith in
accordance with it shall not be subject to any sanction provided in this Act.
c. The heads of other offices shall perform the duties stated in subsections (a)
and (b) hereof insofar as their respective offices are concerned, subject to the approval of
the Secretary of Justice, in the case of the Executive Department and the Chief Justice
of the Supreme Court, in the case of the Judicial Department.
a. Any public official or employee, regardless of whether or not he holds office or
employment in a casual, temporary, hold-over, permanent or regular capacity, commit-
ting any violation of this Act shall be punished with a fine not exceeding the equivalent
of six (6) months’ salary or suspension not exceeding one (1) year, or removal depending
on the gravity of the offense after due notice and hearing by the appropriate body or
agency. If the violation is punishable by a heavier penalty under another law, he shall
be prosecuted under the latter statute. Violations of Sections 7, 8, or 9 of this Act shall
be punishable with imprisonment not exceeding five (5) years, or a fine not exceeding
1214
five thousand pesos (P5,000), or both, and, in the discretion of the court of competent
jurisdiction, disqualification to hold public office.
b. Any violation hereof proven in a proper administrative proceeding shall be suf-
ficient cause for removal or dismissal of a public official or employee, even if no criminal
prosecution is instituted against him.
c. Private individuals who participate in conspiracy as co-principals, accomplices
or accessories, with public officials or employees, in violation of this Act, shall be subject
to the same penal liabilities as the public officials or employees and shall be tried jointly
with them.
d. The official or employee concerned may bring an action against any person
who obtains or uses a report for any purpose prohibited by Section 8 (D) of this Act. The
Court in which such action is brought may assess against such person a penalty in any
amount not to exceed twenty-five thousand pesos (P25,000). If another sanction here-
under or under any other law is heavier, the latter shall apply.
SEC. 12. Promulgation of Rules and Regulations, Administration and Enforce-
ment of this Act.—The Civil Service Commission shall have the primary responsibility
for the administration and enforcement of this Act. It shall transmit all cases for prose-
cution arising from violations of this Act to the proper authorities for appropriate ac-
tion: Provided, however, That it may institute such administrative actions and discipli-
nary measures as may be warranted in accordance with law. Nothing in this provision
shall be construed as a deprivation of the right of each House of Congress to discipline
its Members for disorderly behavior.
The Civil Service Commission is hereby authorized to promulgate rules and regu-
lations necessary to carry out the provisions of this Act, including guidelines for indi-
viduals who render free voluntary service to the government. The Ombudsman shall
likewise take steps to protect citizens who denounce acts or omissions of public officials
and employees which are in violation of this Act.
SEC. 13. Provisions for More Stringent Standards.—Nothing in this Act shall
be construed to derogate from any law, or any regulation prescribed by any body or
agency, which provides for more stringent standards for its official and employees.
SEC. 14. Appropriations.—The sum necessary for the effective implementation
of this Act shall be taken from the appropriations of the Civil Service Commission.
Thereafter, such sum as may be needed for its continued implementation shall be in-
cluded in the annual General Appropriations Act.
SEC. 15. Separability Clause.—If any provision of this Act or the application of
such provision to any person or circumstance is declared invalid, the remainder of the
Act or the application of such provision to other persons or circumstances shall not be
affected by such declaration.
1215
MISCELLANEOUS LAWS
SEC. 16. Repealing Clause.—All laws, decrees and orders or parts thereof incon-
sistent herewith, are deemed repealed or modified accordingly, unless the same provide
for a heavier penalty.
SEC. 17. Effectivity.—This Act shall take effect after thirty (30) days following
the completion of its publication in the Official Gazette or in two (2) national newspa-
pers of general circulation.
“I think we have more machinery of

government than necessary, too many
parasites living on the labor of the
industrious.”
Ombudsman Act
(Republic Act 6770)
SECTION 1. Title.—This Act shall be known as “The Ombudsman Act of 1989.”

SEC. 2. Declaration of Policy.—The State shall maintain honesty and integrity
in the public service and take positive and effective measures against graft and corrup-
tion.
Public office is a public trust. Public officers and employees must at all times be
accountable to the people, serve them with utmost responsibility, integrity, loyalty,
efficiency, act with patriotism and justice and lead modest lives.
SEC. 3. Office of the Ombudsman.—The Office of the Ombudsman shall include
the Office of the Overall Deputy, the Office of the Deputy for Luzon, the Office of the
Deputy for the Visayas, the Office of the Deputy for Mindanao, the Office of the Deputy
for the Armed Forces, and the Office of the Special Prosecutor. The President may ap-
point other Deputies as the necessity for it may arise, as recommended by the Om-
budsman.
SEC. 4. Appointment.—the Ombudsman and his Deputies, including the Special
Prosecutor, shall be appointed by the President from a list of at least twenty-one (21)
nominees prepared by the Judicial and Bar Council, and from a list of three (3) nomi-
nees for each vacancy thereafter, which shall be filled within three (3) months after it
occurs, each of which list shall be published in a newspaper of general circulation.
In the organization of the Office of the Ombudsman for filling up of positions
therein, regional, cultural or ethnic considerations shall be taken into account to the
end that the Office shall be as much as possible representative of the regional, ethnic
and cultural make-up of the Filipino nation.
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OMBUDSMAN ACT
SEC. 5. Qualifications.—The Ombudsman and his Deputies, including the Spe-

cial Prosecutor, shall be natural-born citizens of the Philippines, at least forty (40) years
old of recognized probity and independence, members of the Philippine Bar, and must
not have been candidates for any elective national or local office in the immediately
preceding election whether regular or special. The Ombudsman must have, for ten (10)
years or more, been a judge or
engaged in the practice of law in
the Philippines.
SEC. 6. Rank and Salary.
—The Ombudsman and his Depu-
ties shall have the same ranks,
salaries and privileges as the
Chairman and members, respec-
tively, of a Constitutional Commis-
sion. Their salaries shall not be
decreased during their term of
office.
The members of the prosecu-
tion, investigation and legal staff
of the Office of the Ombudsman
shall receive salaries which shall
not be less than those given to
comparable positions in any office
in the Government.
SEC. 7. Term of Office.—
The Ombudsman and his Depu-
ties, including the Special Prosecu-
tor, shall serve for a term of seven
(7) years without reappointment.
SEC. 8. Removal; Filling of “There is no unemployed force in Nature. All decom-
Vacancy.— position is recomposition.”—Ralph Waldo Emerson
1. In accordance with the (A. Oposa)
provisions of Article XI of the Con-
stitution, the Ombudsman may be removed from office on impeachment for, and convic-
tion of, culpable violation of the Constitution, treason, bribery, graft and corruption,
other high crimes, or betrayal of public trust.
2. A Deputy or the Special Prosecutor, may be removed from office by the Presi-
dent for any of the grounds provided for the removal of the Ombudsman, and after due
process.
1217
MISCELLANEOUS LAWS
3. In case of vacancy in the Office of the Ombudsman due to death, resignation,

removal or permanent disability of the incumbent Ombudsman, the Overall Deputy
shall serve as Acting Ombudsman in a concurrent capacity until a new Ombudsman
shall have been appointed for a full term. In case the Overall Deputy cannot assume the
role of Acting Ombudsman, the President may designate any of the Deputies, or the
Special Prosecutor, as Acting Ombudsman.
4. In case of temporary absence or disability of the Ombudsman, the Overall
Deputy shall perform the duties of the Ombudsman until the Ombudsman returns or is
able to perform his duties.
SEC. 9. Prohibitions and Disqualifications.—The Ombudsman, his Deputies and
the Special Prosecutor shall not, during their tenure, hold any other office or employ-
ment. They shall not, during said tenure, directly or indirectly practice any other pro-
fession, participate in any business, or be financially interested in any contract with, or
in any franchise, or special privilege granted by the Government or any subdivision,
agency or instrumentality thereof, including government-owned or controlled corpora-
tions or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of
their office.
They shall not be qualified to run for any office in the election immediately follow-
ing their cessation from office. They shall not be allowed to appear or practice before the
Ombudsman for two (2) years following their cessation from office.
No spouse or relative by consanguinity or affinity within the fourth civil degree
and no law, business or professional partner or associate of the Ombudsman, his Depu-
ties or Special Prosecutor within one (1) year preceding the appointment may appear as
counsel or agent on any matter pending before the Office of the Ombudsman or transact
business directly or indirectly therewith.
This disqualification shall apply during the tenure of the official concerned. This
disqualification likewise extends to the law, business or professional firm for the same
period.
SEC. 10. Disclosure of Relationship.—It shall be the duty of the Ombudsman,
his Deputies, including the Special Prosecutor to make under oath, to the best of their
knowledge and/or information, a public disclosure of the identities, of, and their rela-
tionship with the persons referred to in the preceding section.
The disclosure shall be filed with the Office of the President and the Office of the
Ombudsman before the appointee assumes office and every year thereafter. The disclo-
sures made pursuant to this section shall form part of the public records and shall be
available to any person or entity upon request.
SEC. 11. Structural Organization.—The authority and responsibility for the ex-
ercise of the mandate of the Office of the Ombudsman and for the discharge of its pow-
ers and functions shall be vested in the Ombudsman, who shall have supervision and
control of the said office.
1218
OMBUDSMAN ACT
1. The Office of the Ombudsman may organize such directorates for administra-
tion and allied services as may be necessary for the effective discharge of its functions.
Those appointed as directors or heads shall have the rank and salary of line bureau
directors.
2. The Office of the Overall Deputy shall oversee and administer the operations
of the different offices under the Office of Ombudsman. It shall likewise perform such
other functions and duties assigned to it by the Ombudsman.
3. The Office of the Special Prosecutor shall be composed of the Special Prosecu-
tor and his prosecution staff. The Office of the Special Prosecutor shall be an organic
component of the Office of the Ombudsman and shall be under the supervision and
control of the Ombudsman.
4. The Office of the Special Prosecutor shall, under the supervision and control
and upon the authority of the Ombudsman, have the following powers:
a. To conduct preliminary investigation and prosecute criminal cases within
the jurisdiction of the Sandiganbayan;
b. To enter into plea bargaining agreements; and
c. To perform such other duties assigned to it by the Ombudsman.
The Special Prosecutor shall have the rank and salary of a Deputy Ombudsman.
5. The position structure and staffing pattern of the Office of the Ombudsman,
including the Office of the Special Prosecutor, shall be approved and prescribed by the
Ombudsman. The Ombudsman shall appoint all officers and employees of the Office of
the Ombudsman, including those of the Office of the Special Prosecutor, in accordance
with the Civil Service Law, rules and regulations.
SEC. 12. Official Stations.—The Ombudsman, the Overall Deputy, the Deputy
for Luzon, and the Deputy for the Armed Forces shall hold office in Metropolitan Ma-
nila; the Deputy for the Visayas, in Cebu City; and the Deputy for Mindanao, in Davao
City. The Ombudsman may transfer their stations within their respective geographical
regions, as public interest may require.
SEC. 13. Mandate.—The Ombudsman and his Deputies, as protectors of the
people, shall act promptly on complaints filed in any form or manner against officers or
employees of the Government, or of any subdivision, agency or instrumentality thereof,
including government-owned or controlled corporations, and enforce their administra-
tive, civil and criminal liability in every case where the evidence warrants in order to
promote efficient service by the Government to the people.
SEC. 14. Restrictions.—No writ of injunction shall be issued by any court to de-
lay an investigation being conducted by the Ombudsman under this Act, unless there is
a prima facie evidence that the subject matter of the investigation is outside the juris-
diction of the Office of the Ombudsman.
1219
MISCELLANEOUS LAWS
No court shall hear any appeal or application for remedy against the decision or
findings of the Ombudsman, except the Supreme Court, on pure question of law.
SEC. 15. Powers, Functions and Duties.—The Office of Ombudsman shall have
the following powers, functions and duties:
1. Investigate and prosecute on its own, or on complaint by any person, any act or
omission of any public officer or employee, office or agency, when such act or omission
appears to be illegal, unjust, improper or inefficient. It has primary jurisdiction over
cases cognizable by the Sandiganbayan and, in the exercise of this primary jurisdiction,
it may take over, at any stage, from any investigatory agency of Government, the inves-
tigation of such cases;
2. Direct, upon complaint or at its own instance, any officer or employee of the
Government, or of any subdivision, agency or instrumentality thereof, as well as any
government-owned or controlled corporations with original charter, to perform and
expedite any act or duty required by law, or to stop, prevent, and correct any abuse or
impropriety in the performance of duties;
3. Direct the officer concerned to take appropriate action against a public officer
or employee at fault or who neglect to perform an act or discharge a duty required by
law, and recommend his removal, suspension, demotion, fine, censure, or prosecution,
and ensure compliance therewith; or enforce its disciplinary authority as provided in
Section 21 of this Act: Provided, That the refusal by any officer without just cause to
comply with an order of the Ombudsman to remove, suspend, demote, fine, censure, or
prosecute an officer or employee who is fault or who neglects to perform an act or dis-
charge a duty required by law shall be a ground for disciplinary action against said
officer;
4. Direct the officer concerned, in any appropriate case, and subject to such limi-
tations as it may provide in its rules of procedure, to furnish it with copies of documents
relating to contracts or transactions entered into by his office involving the disburse-
ment or use of public funds or properties, and report any irregularity to the Commission
on Audit for appropriate action;
5. Request any government agency for assistance and information necessary in
the discharge of its responsibilities, and to examine, if necessary, pertinent records and
documents;
6. Publicize matters covered by its investigation of the matters mentioned in
paragraphs (1), (2), (3) and (4) hereof, when circumstances so warrant and with due
prudence: Provided, That the Ombudsman under its rules and regulations may deter-
mine what cases may not be made public: Provided, further, That any publicity issued
by the Ombudsman shall be balanced, fair and true;
7. Determine the causes of inefficiency, red tape, mismanagement, fraud, and
corruption in the Government, and make recommendations for their elimination and
the observance of high standards of ethics and efficiency;
1220
OMBUDSMAN ACT
8. Administer oaths, issue subpoena and subpoena duces tecum, and take testi-
mony in any investigation or inquiry, including the power to examine and have access
to bank accounts and records;
9. Punish for contempt in accordance with the Rules of Court and under the same
procedure and with the same penalties provided therein;
10. Delegate to the Deputies, or its investigators or representatives such author-
ity or duty as shall ensure the effective exercise or performance of the powers, func-
tions, and duties herein or hereinafter provided;
11. Investigate and initiate the proper action for the recovery of ill-gotten and/or
unexplained wealth amassed after February 25, 1986 and the prosecution of the parties
involved therein.
The Ombudsman shall give priority to complaints filed against high ranking gov-
ernment officials and/or those occupying supervisory positions, complaints involving
grave offenses as well as complaints involving large sums of money and/or properties.
SEC. 16. Applicability.—The provisions of this Act shall apply to all kinds of
malfeasance, misfeasance, and non-feasance that have been committed by any officer or
employee as mentioned in Section 13 thereof, during his tenure of office.
SEC. 17. Immunities.—In all hearings, inquiries, and proceedings of the Om-
budsman, including preliminary investigation of offenses, nor person subpoenaed to
testify as a witness shall be excused from attending and testifying or from producing
books, papers, correspondence, memoranda and/or other records on the ground that the
testimony or evidence, documentary or otherwise, required of him, may tend to incrimi-
nate him or subject him to prosecution: Provided, That no person shall be prosecuted
criminally for or on account of any matter concerning which he is compelled, after hav-
ing claimed the privilege against self-incrimination, to testify and produce evidence,
documentary or otherwise.
Under such terms and conditions as it may determine, taking into account the per-
tinent provisions of the Rules of Court, the Ombudsman may grant immunity from
criminal prosecution to any person whose testimony or whose possession and production
of documents or other evidence may be necessary to determine the truth in any hearing,
inquiry or proceeding being conducted by the Ombudsman or under its authority, in the
performance or in the furtherance of its constitutional functions and statutory objec-
tives.
The immunity granted under this and the immediately preceding paragraph shall
not exempt the witness from criminal prosecution for perjury or false testimony nor
shall he be exempt from demotion or removal from office.
Any refusal to appear or testify pursuant to the foregoing provisions shall be sub-
ject to punishment for contempt and removal of the immunity from criminal prosecu-
tion.
1221
MISCELLANEOUS LAWS
SEC. 18. Rules of Procedure.—

1. The Office of the Ombudsman shall promulgate its rules of procedure for the
effective exercise or performance of its powers, functions and duties.
2. The rules of procedure shall include a provision whereby the Rules of Court
are made suppletory.
3. The rules shall take effect after fifteen (15) days following the completion of
their publication in the Official Gazette or in three (3) newspapers of general circula-
tion in the Philippines, one of which is printed in the national language.
“The ultimate test of man’s conscience may be his willingness to sacrifice something today
for future generations whose words of thanks will not be heard.” — Gaylord Nelson,
former governor of Wisconsin, co-founder of Earth Day
(G. Tapan, Apo Reef)
SEC. 19. Administrative Complaints.—The Ombudsman shall act on all com-

plaints relating, but not limited to acts or omissions which:
1. Are contrary to law or regulation;
2. Are unreasonable, unfair, oppressive or discriminatory;
3. Are inconsistent with the general course of an agency’s functions, though in
accordance with law;
4. Proceed from a mistake of law or an arbitrary ascertainment of facts;
5. Are in the exercise of discretionary powers but for an improper purpose; or
6. Are otherwise irregular, immoral or devoid of justification.
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OMBUDSMAN ACT
SEC. 20. Exceptions.—The Office of the Ombudsman may not conduct the neces-
sary investigation of any administrative act or omission complained of if it believes
that:
1. The complaint has an adequate remedy in another judicial or quasi-judicial
body;
2. The complaint pertains to a matter outside the jurisdiction of the Office of the
Ombudsman;
3. The complaint is trivial, frivolous, vexatious or made in bad faith;
4. The complainant has no sufficient personal interest in the subject matter of
the grievance; or
5. The complaint was filed after one (1) year from the occurrence of the act or
omission complained of.
SEC. 21. Official Subject to Disciplinary Authority; Exceptions.—The Office of
the Ombudsman shall have disciplinary authority over all elective and appointive offi-
cials of the Government and its subdivisions, instrumentalities and agencies, including
Members of the Cabinet, local government, government-owned or controlled corpora-
tions and their subsidiaries, except over officials who may be removed only by im-
peachment or over Members of Congress, and the Judiciary.
SEC. 22. Investigatory Power.—The Office of the Ombudsman shall have the
power to investigate any serious misconduct in office allegedly committed by officials
removable by impeachment, for the purpose of filing a verified complaint for impeach-
ment, if warranted.
In all cases of conspiracy between an officer or employee of the government and a
private person, the Ombudsman and his Deputies shall have jurisdiction to include
such private person in the investigation and proceed against such private person as the
evidence may warrant. The officer or employee and the private person shall be tried
jointly and shall be subject to the same penalties and liabilities.
SEC. 23. Formal Investigation.—
1. Administrative investigations conducted by the Office of the Ombudsman shall
be in accordance with its rules of procedure and consistent with due process.
2. At its option, the Office of the Ombudsman may refer certain complaints to the
proper disciplinary authority for the institution of appropriate administrative proceed-
ings against erring public officers or employees, which shall be determined within the
period prescribed in the civil service law, Any delay without just cause in acting on any
referral made by the Office of the Ombudsman shall be a ground for administrative
action against the officers or employees to whom such referrals are addressed and shall
constitute a graft offense punishable by a fine of not exceeding Five thousand pesos
(P5,000.00).
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MISCELLANEOUS LAWS
3. In any investigation under this Act the Ombudsman may: (a) enter and inspect
the premises of any office, agency, commission or tribunal; (b) examine and have access
to any book, record, file, document or paper; and (c) hold private hearings with both the
complaining individual and the official concerned.
SEC. 24. Preventive Suspension.—The Ombudsman or his Deputy may preven-
tively suspend any officer or employee under his authority pending an investigation, if
in his judgment the evidence of guilt is strong, and (a) the charge against such officer or
employee involves dishonesty, oppression or grave misconduct or neglect in the per-
formance of duty; (b) the charges would warrant removal from the service; or (c) the
respondent’s continued stay in office may prejudice the case filed against him.
The preventive suspension shall continue until the case is terminated by the Office
of the Ombudsman but not more than six (6) months, without pay, except when the
delay in the disposition of the case by the Office of the Ombudsman is due to the fault,
negligence or petition of the respondent, in which case the period of such delay shall not
be counted in computing the period of suspension herein provided.
1. In administrative proceedings under Presidential Decree No. 807, the penal-
ties and rules provided therein shall be applied.
2. In other administrative proceedings, the penalty ranging from suspension
without pay for one (1) year to dismissal with forfeiture of benefits or a fine ranging
from Five thousand pesos (P5,000.00) to twice the amount malversed, illegally taken or
lost, or both at the discretion of the Ombudsman, taking into consideration circum-
stances that mitigate or aggravate the liability of the officer or employee found guilty of
the complaint or charges.
SEC. 26. Inquiries.—
1. The Office of the Ombudsman shall inquire into acts or omissions of a public
officer, employee, office or agency which, from the reports or complaints it has received,
the Ombudsman or his Deputies consider to be:
a. contrary to law or regulation;
b. unreasonable, unfair, oppressive, irregular or inconsistent with the gen-
eral course of the operations and functions of a public officer, employee, office or
agency;
c. an error in the application or interpretation of law, rules or regulations,
or a gross or palpable error in the appreciation of facts;
d. based on improper motives or corrupt considerations;
e. unclear or inadequately explained when reasons should have been re-
vealed; or
f. inefficiently performed or otherwise objectionable.
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OMBUDSMAN ACT
2. The Officer of the Ombudsman shall receive complaints from any source in
whatever form concerning an official act or omission. It shall act on the complaint im-
mediately and if it finds the same entirely baseless, it shall dismiss the same and in-
form the complaint of such dismissal citing the reasons therefore. If it finds a reason-
able ground to investigate further, it shall first furnish the respondent public officer or
employee with a summary of the complaint and require him to submit a written answer
within seventy-two (72) hours from receipt thereof. If the answer is found satisfactory,
it shall dismiss the case.
3. When the complaint consists in delay or refusal to perform a duty required by
law, or when urgent action is necessary to protect or preserve the rights of the com-
plainant, the Office of the Ombudsman shall take steps or measures and issue such
orders directing the officer, employee, office or agency concerned to:
a. expedite the performance of duty;
b. cease or desist from the performance of a prejudicial act;
c. correct the omission;
d. explain fully the administrative act in question; or
e. take any other steps as may be necessary under the circumstances to pro-
tect and preserve the rights of the complainant.
4. Any delay or refusal to comply with the referral or directive of the Ombuds-
man or any of his Deputies, shall constitute a ground for administrative disciplinary
action against the officer or employee to whom it was addressed.
SEC. 27. Effectivity and Finality of Decisions.—
1. All provisionary orders of the Office of the Ombudsman are immediately effec-
tive and executory.
A motion for reconsideration of any order, directive or decision of the Office of the
Ombudsman must be filed within five (5) days after receipt of written notice and shall
be entertained only on any of the following grounds:
(1) New evidence has been discovered which materially affects the order, di-
rective or decision;
(2) Errors of law or irregularities have been committed prejudicial to the in-
terest of the movant. The motion for reconsideration shall be resolved within three
(3) days from filing: Provided, That only one motion for reconsideration shall be
entertained.
Findings of fact by the Officer of the Ombudsman when supported by substantial
evidence are conclusive. Any order, directive or decision imposing the penalty of public
censure or reprimand, suspension of not more than one (1) month’s salary shall be final
and unappealable.
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MISCELLANEOUS LAWS
In all administrative disciplinary cases, orders, directives, or decisions of the Of-

fice of the Ombudsman may be appealed to the Supreme Court by filing a petition for
certiorari within ten (10) days from receipt of the written notice of the order, directive
or decision or denial of the motion for reconsideration in accordance with Rule 45 of the
Rules of Court.
The above rules may be amended or modified by the Office of the Ombudsman as
the interest of justice may require.
SEC. 28. Investigation in Municipalities, Cities and Provinces.—The Office of
the Ombudsman may establish offices in municipalities, cities and provinces outside
Metropolitan Manila, under the immediate supervision of the Deputies for Luzon,
Visayas and Mindanao, where necessary as determined by the Ombudsman. The inves-
tigation of complaints may be assigned to the regional or sectoral deputy concerned or
to a special investigator who shall proceed in accordance with the rules or special in-
structions or directives of the Office of the Ombudsman. Pending investigation the dep-
uty or investigator may issue orders and provisional remedies which are immediately
executory subject to review by the Ombudsman. Within three (3) days after concluding
records of the case, his report and conclusions to the Office of the Ombudsman. Within
five (5) days after receipt of said report, the Ombudsman shall render the appropriate
order, directive or decision.
SEC. 29. Change of Unjust Laws.—If the Ombudsman believes that a law or
regulation is unfair or unjust, he shall recommend to the President and to Congress the
necessary changes therein or the repeal thereof.
SEC. 30. Transmittal/Publication of Decision.—In every case where the Om-
budsman has reached a decision, conclusion or recommendation adverse to a public
official or agency, he shall transmit his decision, conclusion, recommendation or sugges-
tion to the head of the department, agency or instrumentality, or of the province, city or
municipality concerned for such immediate action as may be necessary. When transmit-
ting his adverse decision, conclusion or recommendation, he shall, unless excused by the
agency or official affected, include the substance of any statement the public agency or
official may have made to him by was of explaining past difficulties with or present
rejection of the Ombudsman’s proposals.
SEC. 31. Designation of Investigators and Prosecutors.—The Ombudsman may
utilize the personnel of his office and/or designate or deputize any fiscal, state prosecu-
tor of lawyer in the government service to act as special investigator or prosecutor to
assist in the investigation and prosecution of certain cases. Those designated or depu-
tized to assist him herein provided shall be under his supervision and control.
The Ombudsman and his investigators and prosecutors, whether regular mem-
bers of his staff or designated by him as herein provided, shall have authority to ad-
minister oaths, to issue subpoena and subpoena duces tecum, to summon and compel
witnesses to appear and testify under oath before them and/or bring books, documents
and other things under their control, and to secure the attendance or presence of any
1226
OMBUDSMAN ACT
absent or recalcitrant witness through application before the Sandiganbayan or before

any inferior or superior court having jurisdiction of the place where the witness or
evidence is found.
SEC. 32. Rights and Duties of Witness.—
1. A person required by the Ombudsman to provide the information shall be paid
the same fees and travel allowances as are extended to witnesses whose attendance has
been required in the trial courts. Upon request of the witness, the Ombudsman shall
also furnish him such security for
his person and his family as may
be warranted by the circumstan-
ces. For this purpose, the Ombuds-
man may, at its expense, call upon
any police or constabulary unit to
provide the said security.
2. A person who, with or
without service or compulsory pro-
cess, provides oral or documentary
information requested by the Om-
budsman shall be accorded the
same privileges and immunities as
are extended to witnesses in the
courts, and shall likewise be en-
titled to the assistance of counsel
while being questioned.
3. If a person refuses to res-
“A person writing at night may put out the lamp, but
pond to the Ombudsman’s or his
the words he has written will remain. It is the same
Deputy’s subpoena, or refuses to be with the destiny we create for ourselves in this world.”
examined, or engages in obstruc- —Shakyamuni
tive conduct, the Ombudsman or (Nick Martorano)
his Deputy shall issue an order di-
recting the person to appear before him to show cause why he should not be punished
for contempt. The contempt proceedings shall be conducted pursuant to the provisions
of the Rules of Court.
SEC. 33. Duty to Render Assistance to the Office of the Ombudsman.—Any offi-
cer or employee of any department, bureau or office, subdivision, agency or instrumen-
tality of the Government, including government-owned or controlled corporations and
local governments, when required by the Ombudsman, his Deputy or the Special Prose-
cutor shall render assistance to the Office of the Ombudsman.
1227
MISCELLANEOUS LAWS
SEC. 34. Annual Report.—The Office of the Ombudsman shall render an annual
report of its activities and performance to the President and to Congress to be submit-
ted within thirty (30) days from the start of the regular session of Congress.
SEC. 35. Malicious Prosecution.—Any person who, actuated by malice or gross
bad faith, files a completely unwarranted or false complaint against any government
official or employee shall be subject to a penalty of one (1) month and one (1) day to six
(6) months imprisonment and a fine not exceeding Five thousand pesos (P5,000.00).
SEC. 36. Penalties for Obstruction.—Any person who willfully obstructs or hin-
ders the proper exercise of the functions of the Office of the Ombudsman or who will-
fully misleads or attempts to mislead the Ombudsman, his Deputies and the Special
Prosecutor in replying to their inquiries shall be punished by a fine of not exceeding
Five thousand pesos (P5,000.00).
SEC. 37. Franking Privilege.—All official mail matters and telegrams of the
Ombudsman addressed for delivery within the Philippines shall be received, transmit-
ted, and delivered free of charge: Provided, That such mail matters when addressed to
private persons or non-government offices shall not exceed one hundred and twenty
(120) grams. All mail matters and telegrams sent through government telegraph facili-
ties containing complaints to the Office of the Ombudsman shall be transmitted free of
charge, provided that the telegram shall contain not more than one hundred fifty (150)
words.
SEC. 38. Fiscal Autonomy.—The Office of the Ombudsman shall enjoy fiscal
autonomy. Appropriations for the Office of the Ombudsman may not be reduced below
the amount appropriated for the previous years and, after approval, shall be automati-
cally and regularly released.
SEC. 39. Appropriations.—The appropriation for the Office of the Special Prose-
cutor in the current General Appropriations Act is hereby transferred to the Office of
the Ombudsman. Thereafter, such sums as may be necessary shall be included in the
annual General Appropriations Act.
SEC. 40. Separability Clause.—If any provision of this Act is held unconstitu-
tional, other provisions not affected thereby shall remain valid and binding.
SEC. 41. Repealing Clause.—All laws, presidential decrees, letters of instruc-
tions, executive orders, rules and regulations insofar as they are inconsistent with this
Act, are hereby repealed or amended as the case may be.
its publication in the Official Gazette or in three (3) newspapers of general circulation
in the Philippines.
Approved: November 17, 1989.
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OMBUDSMAN ACT
Concept of the Environmental Ombudsman

Low Environmental Priority by Public Officials
Despite its most critical function in human civilization, the environment receives
the lowest priority in the ladder of concerns of public officials. Government and public
officials talk about such high-faluting terms like economic progress and development,
‘industrialization’, ‘globalization’, etc. without even understanding the fundamental
basis for all economic activity. Indeed, with the environment and natural resources of
land (soil, plants, etc.), air and water, economic life, no, ALL Life, is made possible. Put
differently, without a productive soil and clean water, life is simply not possible. After
we have dirtied the air and the waters, suddenly, we realize we cannot eat nor drink a
billion pesos.
Despite its importance to life itself, government officials relegate environmental
concerns to the darkest warehouses of their list of priorities. Instead, they focus their
attention on economic activities, which are all based on or intensively use natural re-
sources, often with very adverse environmental results. Most of the local officials, for
example, have not even addressed such a simple concern as the proper management of
their solid wastes.
Citizens’ Role
Environmental governance is so large a task it cannot be left to government alone.

It requires the understanding, and active participation of everyone — of every man,
woman and child. Take the case of cleanliness. If a place was to be made clean and one
or two persons would be littering anyway, the place would cease to be clean simply
because one or two persons did not actively participate in the effort.
More and more, there is a growing number of enlightened and concerned citizens
who are willing to help in the Herculean task of environmental governance. Often-
times, because of the low priority given by public officials to the environment, they – the
concerned citizens for the environment -- are either ignored, or even antagonized.
When they write letters of concern, their concern is not addressed, and most of the time,
the letter is not even answered and conveniently forgotten.
The Environmental Ombudsman
Thus, there is a need to establish an office, or at least appoint a public official, to

whom an ordinary citizen can bring his environment-related complaint against public
officials. While the Office of the Ombudsman has been created for the wrongdoing or
neglect of public officials, there is a need to create such a specialized office for environ-
1229
MISCELLANEOUS LAWS
mental concerns. So neglected, yet so critical to life, the concerns for the environment –
for the sustainability of the land, air and water – must rise several notches higher in
the official consciousness of governmental functionaries.
Thus, the idea of an Environmental Ombudsman was germinated. Since the
Office of the Ombudsman already has the investigatory and prosecutorial powers
against official malfeasance or nonfeasance, and in order to avoid the need for a new
law or a separate budget, it was conceived to be part of the Office of the Ombuds-
man. With the support of the Ombudsman in the year 2003, the idea found good
soil. Thus, in a Memorandum of Agreement entered into by and between the Inte-
grated Bar of the Philippines and the Office of the Environmental Ombudsman, the
idea was born.
To his eternal credit, the Office of the Ombudsman created a special team com-
posed of 17 lawyers from their respective offices in Luzon, Metro Manila, Visayas, and
Mindanao to compose the Environmental Team of the Ombudsman. This team has
since undergone capacity building exercises and has indeed become a very potent force
in the rectification of environmental wrongs done by public officials.
News Headlines
• Bantayan Village Chief Suspended by Joeberth M. Ocao [Freeman News

(Visayas)] – “The Office of the Ombudsman has ordered Bantayan town Mayor
Geralyn Cañares to implement the six-month preventive suspension the anti-
graft office meted on Leopoldo Bocado, the barangay captain of barangay Li-
payran, Bantayan.” Bocado was alleged to have “arrange[d] and/or influence[d]
the dismissal of the cases [on illegal fishing activities at the Sagay Marine
Reserve] for a large sum of money.”
• Cebu mayor, wife sued for waste law violations by Joeberth Ocao [The
Philippine Star, The Nation, Friday, December 10, 2004] –CEBU – “For their
alleged failure to implement the provisions of the Solid Waste Management
Act, the mayor of Lapu-Lapu City and his wife are now facing charges in the
Office of the Ombudsman.” Complainants assert they “not only failed to take
active measures to perform their responsibilities and stop the blatant viola-
tions committed under Republic Act 9003 and RA 7160, they also failed to
respond to the letter-notice sent by affiants on Sept. 6, 2004, in violation of
Section 5 of Republic Act 6713.”
• Lawyers file charges vs 3 mayors: non-compliance with waste manage-
ment law by Katherine Adraneda [The Philippine Star, Metro, Wednesday,
May 11, 2005] – “The Philippine Bar Association (PBA) filed charges yesterday
against three Metro Manila mayors before the Office of the Environmental
1230
OMBUDSMAN ACT
Ombudsman for non-compliance with the Philippine Solid Waste Management

Act of 2000. Malabon City Mayor Canuto Oreta, Parañaque City Mayor Flor-
encio Bernabe and San Juan Mayor Jose Victor “JV” Ejercito were named
respondents to separate complaint-affidavits for their “gross and willful viola-
tion of the Philippine Solid Waste Management Act, also known as Republic
Act 9003.”
• Illegal logging case vs UPLB head endorsed by Marlon Ramos [The
Philippine Daily Inquirer, Monday, August 1, 2005] — LOS BAÑOS, Laguna
— The Office of the Environment Ombudsman has recommended the filing of
criminal and administrative charges against University of the Philippines at
Los Baños Chancellor Dr. Wilfredo David for the alleged illegal cutting of two
hardwood trees inside the campus last year. This stemmed from his “alleged
approval of the felling of two Bitaog trees located along the Agronomy Orchard
Road in February 2003 without permits from the Department of Environment
and Natural Resources.”
To facilitate the preparation of letter-complaints to (or against) public officials,

sample legal forms are shown in the next few pages.
Legal Empowerment
Difficulties & Frustrations
The secret to good environmental governance lies in the hands of the citizens. Af-
ter all, all governmental power resides in, and emanates from, the power of the people.
Knowing this, many citizens take a more active role in environmental governance.
Some take the trouble of calling up the authorities or even writing a letter. The ordi-
nary citizen, however, has few difficulties and more than a few frustrations. One of the
difficulties is writing a letter, or even knowing what to say and how to say it.
The other part of the story is the frustration. Even when ordinary citizens take the
effort to call or write a letter, there is hardly any action taken, not even a reply to ac-
knowledge receipt of our letters.
Good News: Ordinary Citizens can now sue government officials for failure to act
on their complaints.
Hidden in the jungle of the Philippine legal system are three provisions of law that
allow and encourage citizens to initiate legal actions against government officials that
fail, refuse, or neglect their environmental responsibilities and duties. One is the provi-
sion in the code of conduct of Public officials which requires government officials to take
action on and reply to letters received by them from citizens within 15 days from receipt
of said letter. [Rep. Act 6713 See. 5 (a)]
1231
MISCELLANEOUS LAWS
Citizens Suits
In the years 1999 and 2001, two milestones in citizen enforcement action were
marked. In 1999, the Clean Air Act specifically granted citizens the right to sue gov-
ernment officials administratively, civilly and criminally for continuing violations of the
law. In the Ecological Solid Waste Management Act of 2001, this same power was
granted even more liberally to ordinary people who report violations of illegal garbage
dumping. In both instances, even the filing fee of the civil case filed in court against the
government officials has been exempted.
The sample forms illustrated below are meant only for illustrative purposes. One
of the difficulties we Filipinos have in letter-writing is the need to compose the letter, a
big task by itself, and to do it in a language not our native tongue.
For this reason and in order to make it easier for ordinary citizens to engage
themselves in the Herculean task of environmental protection, the sample forms to
follow are being provided. It is meant to trigger official response, reaction, and hope-
fully, constructive action.
Sample Legal Forms
Letter-Complaint
Date _________________
The Secretary (For example only)
Visayas Avenue, Diliman,
Quezon City
RE: ____________________________
Dear Sir:
Greetings.
May we respectfully invite to your attention the following matter:

1. What : (Any letter complaint must provide for as much details as possible of
the act being complained of what?); of the place where it was (or is being) committed
(where); by which it is committed (how); and the date (actual, estimated or ongoing)
when the act was committed and the identity of the persons or entities committing the
violation. In addition to giving credibility to the letter, it will also provide the recipient
(addressee) or his representative ample details with which to move forward on the in-
vestigation requested.
1232
SAMPLE LEGAL FORMS
2. Where :
3. How :
4. When :
5. Who :
We respectfully request your good office and person, Sir (or Madame), to inquire
and investigate the matter and take the appropriate action warranted under the cir-
cumstances. May we also respectfully request that we be advised of the action or ac-
tions taken as soon as possible but not later than 30 days from receipt of this letter.
Thank you in anticipation of your kind attention and expeditious action on the
matter as we trust that this letter finds you well.
Very truly yours,
_______________________
(print name and address)
P.S. Pursuant to R.A. 6713 [Sec.5(a)], public officials have 15 days within which to
respond and reply to letters. The reply must contain the action taken. Failure to do so
will expose the public official concerned to administrative and criminal liability.
Complaint-Affidavit
I, _________________________ of legal age, Filipino, resident of __________________,

subscribing under oath, hereby state:
1. I am a fish warden of the Island of ______________.
2. On _______________________, I was with the Bantay Dagat Team patrolling
the seas off the coast of the said Island when we heard a loud thud.
3. Note: A person preparing an affidavit is telling a story of what, when and how
a certain incident happened as well as identifying the person or persons involved in the
act complained of.
What _________________________
When _________________________
How _________________________
Who _________________________
4. Attached as an integral part of this complaint is a copy of the fish warden’s
examination report of the fish caught and seized ______________ (Note: It is necessary
to attach any piece of documentary evidence or photograph to make it easy for the in-
vestigator to appreciate the evidence of the commission of an offense and expedite the
investigation proceedings).
1233
MISCELLANEOUS LAWS
5. I am executing this affidavit to initiate and support a complaint for the viola-
tion of _________________ (cite the law being violated, e.g., blast fishing, unauthorized
fishing in prohibited areas, intrusion into municipal waters, etc.). This is without preju-
dice to the filing of a supplemental affidavit as may be necessary.
Further I say none.
______________________
Date and Place
______________________
Name of Person
Executing the Affidavit
Subscribe and sworn to before me this ____ day of ____________________ at

___________________, affiant exhibiting to me his Community Tax Certificate No.
________________issued at _______________ on ______________.∗
_____________________________
Official Administering the Oath
Procedure for the Filing of Citizen’s Suit

Purpose of the Citizens Suit
To empower ordinary citizens to ‘take the law into their own hands’ and compel
concerned government officials to take action and properly implement the law.
Procedure
Notice to Sue (NTS)
The Notice to Sue is a condition precedent before a citizens’ suit can be filed. The
reason for making this a requirement before any administrative, civil or criminal action
can be filed is to give the party allegedly in violation of the law to take the appropriate
action and the necessary corrective measures. This applies the principle of ‘exhaustion
of administrative remedies’ and fair play.
The violations contained in the draft NTS is merely a list of the more common vio-
lations. In Sec. 48 of the Rep. Act 9003, there is a list of 16 acts that constitute viola-
tions of the Law, all subject to a criminal penalty of fine and/or imprisonment.
Evidence
Pictures are worth a thousand words. While a simple letter NTS may be sufficient,
it is important to have a picture of the violation. In this age of digital camera phones,
this is easy.
1234
SAMPLE LEGAL FORMS
After filing the Notice to Sue, one needs to immediately coordinate with the
DENR-EMB for the latter to prepare a technical report/evaluation on the Local Gov-
ernment’s level of compliance. The DENR’s technical report is the heart of any adminis-
trative, civil, or criminal case against the private person or the public official alleged to
be in violation of the law.
Filing Forms
Assuming the local government fails and refuses to heed the Notice to Sue and
persists in committing or permitting the commission of the prohibited acts, the com-
plaining party can then prepare an affidavit (or sworn statement) alleging the details of
the allegations. A sample form prepared by the Philippine Bar Association in its law-
suit against three Metro Manila Mayors is provided in this book to serve as a template.
What is important is that the DENR’s technical report is attached to the complaint.
Even without a sworn statement, so long as the complaint is in writing and con-
tains the name and address of the complainant, the Office of the Environmental Om-
budsman (OEO) will take action. If there appears to be a violation, the OEO will begin
fact-finding investigation and, where the evidence warrants, conduct a preliminary
investigation.
1235
MISCELLANEOUS LAWS
1236
SAMPLE LEGAL FORMS
Notice to Sue for Violation of Solid Waste Management Act
Date __________________
Mayor and/or Barangay Captain
(Address) ______________________
_______________________________
Re: NOTICE TO SUE

Dear ________________:
Greetings:
We respectfully invite your attention to the situation prevailing in the solid waste manage-
ment of our (town (if addressed to Mayor or village (if addressed to Bgy Capt).
We have observed that our town/city/barangay has not complied with the following provi-
sions of law:
• The mandatory segregation of solid wastes (Sec. 21)
• Permitting the collection of non-segregated wastes [Sec. 48 (4)]
• Maintaining open dumpsites (Sec. 37)
• Failure to establish Materials Receiving Facility (MRF) in Barangays (Sec. 32)
• Causing or tolerating the open burning of wastes
• Permitting the littering, throwing and dumping of waste matters in public places such as
roads and waterways [Sec. 48 (1)]
• OTHERS ___________
We respectfully request that you take measures to correct the situation within 30 days from
receipt of this letter. This Notice is issued pursuant to the Citizens’ Suit provision of the Solid
Waste Management Law which empowers ordinary citizens to initiate a compliant against pri-
vate persons and public officials for violation of the said Law. In the meantime, we are requesting
the DENR through this letter to monitor your performance and submit to us a technical report on
your level of compliance. We respectfully advice that should no serious effort be taken to correct
the situation, we will indorse the matter to the Office of the Environmental Ombudsman for its
appropriate action.
Thank you in anticipation of your utmost cooperation and expeditious action on the matter.
Very truly yours,

________________________
________________________
Attachments:
Table of Violations/Offenses and Penalties
Photograph/s of the Violations
Copy furnished:
Office of the Environmental Ombudsman
Agham Road, Diliman
Quezon City
Members of the Sangguniang Bayan
1237
MISCELLANEOUS LAWS
Affidavit-Complaint for Violation of Solid Waste Management Law
JOINT COMPLAINT-AFFIDAVIT
___________________, with office address at ___________________, a ____ corpora-

tion, and duly organized and existing under Philippine laws, herein represented by
_______________, __________; _______________, _________ and, ______________,
_________________; who acting in their individual capacities as citizens of the Philip-
pines, after each being duly sworn to in accordance with law hereby charge MAYOR
______________, Mayor of the City of _____________, with office address at the Office of
the Mayor, ____________________, for gross and willful violation of Republic Act No.
9003, otherwise known as the “Philippine Solid Waste Management Act of 2000”
and its implementing rules and regulations.
I.
THE LAWS INVOLVED
1. The Constitution guarantees to the people a healthful and balanced ecology.

The State is duty-bound to protect and promote the aforesaid rights, including the pro-
motion of the health of the people.
2. Republic Act 7160 (R.A. 7160), known as the Local Government Code, man-
dates the local government units to deliver and make available to the people basic ser-
vices and facilities related to “general hygiene and sanitation, beautification and solid
waste collection” for barangays, and “solid waste disposal system or environmental
management system and services or facilities related to general hygiene and sanitation”
for municipalities and cities, and to promote the general welfare.”
3. Section 32 of R.A. 7160 provides that “The City or municipality, through the
city or municipal mayor concerned, shall exercise general supervision over component
barangays to ensure that said barangays act within the scope of their prescribed powers
and functions.”
4. Republic Act 9003 (R.A. 9003), known as “The Ecological Solid Waste Man-
agement Act of 2000,” obligates local government units to instill a culture of waste seg-
regation, minimization and recycling at the grass roots level, they being in the best
position to address the problem and meet the priority needs and service requirements of
the local communities.
5. The primary enforcement and responsibility of solid management is lodged
with local government units.
6. Section 10 of R.A. 9003 specifically provides that “Segregation and collection of
solid waste shall be conducted at the barangay level specifically for biodegradable, com-
postable and reusable wastes: Provided, that the collection of non-recyclable materials and
special wastes shall be the responsibility of the municipality or city.” Thus, since city or mu-
nicipal mayors have direct supervision over their component barangays, it is their duty to
ensure such segregation and collection of solid waste in their component barangays.
1238
SAMPLE LEGAL FORMS
II.
ACTS AND/OR OMISSIONS COMPLAINED OF
7. Based on the assessment and evaluation by the Natural Solid Waste Manage-
ment Commission of the Department of Environment and Natural Resources (DENR),
the respondent mayor committed the following acts and/or omissions in violations of
R.A. 9003, viz:
a. In clear violation of Section 21 of the aforesaid Act on the Mandatory Segrega-
tion of Solid Wastes, only _____ out of the _______ barangays in ___________ City im-
plement a waste segregation program. Worse, only _____ out of ________ public schools
and _____ private school implement and/or practice segregation of solid waste;
b. In violation of Section 24 on the Requirements for the Transport of Solid Waste,
the City of ______ still collects mixed wastes from __________ out of its _____________
barangays;
c. In violation of Section 32 on the Establishment of LGU Materials Recovery Fa-
cilities (MRF), only _____ MRFs are found in the City of ______ in spite of the clear
mandate of the law to provide MRFs in every barangay or cluster of barangays;
d. Finally, in violation of Section 37 regarding the Prohibition the Use of Open
Dumps for Solid Waste, the respondent mayor has allowed the continued use of an open
dumpsite in ___________.
Hereto attached as Annex “A” and made an integral part hereof is a photocopy of
the Re-Investigation Report of the National Solid Waster Management Commission of
the DENR dated _________ as proof of the above-mentioned violations.
8. Pursuant to and in compliance with Subsection (a) Section 52, Chapter VII of
the Implementing Rules and Regulations of RA No. 9003, respondent Mayor
_____________ was given a thirty (30) day-written notice to take corrective measures but
the respondent has failed and refused and still fails and refuses to comply with the
provisions of R.A. No. 9003. A photocopy of the Notice to Sue addressed to the respon-
dent is hereto attached as Annex “B”.
We are executing this Complaint-Affidavit to attest to the truth of the foregoing
facts and as basis for the appropriate administrative, criminal and civil charges against
the aforesaid respondent Mayor _________ pursuant to the Citizen’s Suit Provision (Sec-
tion 52) of R.A. 9003.
IN TRUTH WHEREOF, we have signed this Complaint-Affidavit this ____day of
______________ in _______________.
Complainants:
____________________________ ___________________
CTC No. _________, _________ CTC No. _________, ________
1239
MISCELLANEOUS LAWS
Complaint for the Violation of the Clean Air Act

For Mobile Sources (Cars, Buses, Jeepneys)
Date ______________
The Honorable ___________
Secretary
DOTC, 17/F The Columbia Tower
Ortigas Avenue
Mandaluyong City 1555
and
The Honorable ____________
Assistant Secretary for Transportation
Land Transportation Office
East Avenue
Diliman, Quezon City
Re: Smoke-Belching Vehicles

Dear Mr. Secretary
This is to respectfully bring to your attention the following:

1. What : Smoke-belching violation
2. When : Seen on 11 September 2001, 8:45 a.m.
3. Where : Running along EDSA cor Ortigas
4. Who : Sic Transit Gloria Mundi Bus Liner, Bus No. 001, Plate No.
123
This letter is being sent pursuant to the Citizen Suit provision of the Clean Air Act
excerpts of which are stated hereunder:
“Any citizen may file an appropriate civil, criminal and administrative action in
the proper courts against:
c) Any person who violates the provisions of this Act
d) Any public officer who willfully fails or grossly neglects the performance of an
act specifically enjoined by the law or improperly performs his duties (Section 41, Re-
public Act 8749, Clean Air Act).
Pursuant to this provision, this letter serves as the 30-day notice to afford the par-
ties concerned (the public officer and the alleged violator) an opportunity to take appro-
priate action on the situation. Failure to do so will cause the immediate institution of
the proper legal, administrative, civil and criminal actions as provided by law. Thank
you in anticipation of your kind and expeditious action on the matter.
Very truly yours,
(Name and Address of Person/Complainant)
1240
SAMPLE LEGAL FORMS
* Note: This form is also applicable to a violation of the Solid Waste Management
Act, Sec. 52, R.A. 9003. To initiate a citizen suit against the illegal dumping of garbage,
the details of the violation (what, when are the only things that need to be changed and
the addressee.
For Stationary Sources (Factories and other Commercial

Establishments)
Date _______________
The Honorable ______________

Visayas Avenue
Diliman, Quezon City
Re: Possible Violation of the Clean Air Act
Dear Mr. Secretary:

This is to respectfully bring to your attention the following situation:
1. What : Air pollution from factory X that is affecting the health of the sur-
rounding community.
2. When : The emission is released at night in order to hide the black smoke
that is being released.
3. Where : The factory is located in Barangay Manonoy, in the town of Sto.
Nino.
4. Who : The name of the factory is X. The name of the owner is Joker Pikon.
The President of the Company is Jose Miguel Atta. (If the name/s of
the owner, president, chairman and pollution control officer are
available, their names should be included.
This letter is being sent pursuant to the Citizen Suit provision of the Clean Air Act
excerpts of which are stated hereunder:
“Any citizen may file an appropriate civil, criminal and administrative action in
the proper courts against:
c) Any person who violates the provisions of this Act
d) Any public officer who willfully fails or grossly neglects the performance of an
act specifically enjoined by the law or improperly performs his duties. (Section 41, Re-
public Act 8749, Clean Air Act).
1241
MISCELLANEOUS LAWS
Pursuant to this provision, this letter serves as the 30-day notice to afford the par-
ties concerned (the public officer and the alleged violator) an opportunity to take appro-
priate action on the situation. Failure to do so will cause the immediate institution of
the proper legal, administrative, civil, and criminal actions as provided by law. Thank
you in anticipation of your kind and expeditious action on the matter.
Very truly yours,
(Name and Address)

Copy furnished:
Director Mayor
Environmental Management Bureau Municipality of ______
DENR, Visayas Avenue, Quezon City Province of _________
_______________________ Office of the Ombudsman

President, Factory Baho Diliman, Quezon City
----------------------
NB: For Garbage, it is Sec. 52, R.A. 9003
Search and Seizure
Searches and seizures are conducted by law enforcers to obtain evidence. As a gen-
eral rule, any evidence obtained without a search warrant is inadmissible.
Search and Seizure with Warrant
A search warrant is an order in writing issued in the name of the People of the
Philippines and signed by the judge. It is directed to a peace officer, commanding him to
search for personal properties described in the warrant and to bring them before the
court. (Rule 126, sec. 1)
What documents are required in procuring a search warrant?
The affidavits of the complainant and/or his witnesses are needed. The judge is-
sues the warrant if he determines that there is probable cause after he examines the
complainant and the witnesses. (Rule 126, sec. 4 & 5)
Where is the application for a search warrant filed?

Any court within whose territorial jurisdiction the crime was committed
1242
SEARCH AND SEIZURE
For compelling reasons, any court within the judicial region where the crime
was committed, if the place if the place of the commission of the crime is known, or
any court within the region where the warrant will be enforced (Rule 126, sec.2)
If muro-ami was committed in Puerto Princesa, Palawan, the RTC in Puerto Prin-
cesa is the appropriate court. However, if the warrant is to be enforced in Santander,
Cebu, then the application may also be filed there even if the muro-ami was committed
in Puerto Princesa, provided there is a compelling reason.
If an information has already been filed, the application for the search warrant
can only be made in the court where the criminal action is pending.
What makes a search warrant valid?

Existence of probable cause
Judge has examined complainant and the witnesses under oath
Issuance is determined by the judge himself
A particular description of the place to be searched and things to be seized is
provided
Issuance is in connection with one specific offense
(Rule 126, sec. 4)
When does a search warrant expire?
A search warrant is valid only for 10 days, after which it becomes void. Search and
seized items under a void warrant are inadmissible. (Rule 126, sec. 9)
What must be remembered when conducting searches and seizures?

Searches are generally made only in the daytime, unless the warrant states
that the search may be made at any time of the day or night (Rule 126, sec. 9).
Doors or windows may be broken by the officer only if he is refused admittance
to the place to be searched (Rule 126, sec. 7).
The search warrant must particularly describe the places to be searched and
the things to be seized. Thus the officer armed with the warrant should go only to the
place stated in the warrant, and seize only the thing particularly described in the war-
rant. (Constitution, Art. II, sec. 2)
What must be done to prevent countersuits?

No search of house, room or any other premises (e.g. fishing vessel) should be
made without the presence of the lawful occupant or any member of his family or, in the
absence of the latter, two witnesses of sufficient age and discretion residing in the same
locality. (Rule 126, sec. 8) This is to negate the defense of planting of evidence.
1243
MISCELLANEOUS LAWS
A detailed receipt of the seized property must be given to the lawful occupant
of the premises. In the absence of the occupant, the receipt must be left in the premises,
in the presence of two witnesses of sufficient age and discretion. This is to avoid coun-
tersuits of robbery or theft.
The occupant must not be asked to sign the receipt. In Gutang v. People (335
SCRA 479, 2000), the Court declared that a receipt of property seized signed by an ac-
cused without a counsel is considered an uncounseled confession. The entire docu-
ment was excluded as evidence. Witnesses must instead be asked to sign the receipt,
with the occupant’s name stated in the document.
An accurate description of the condition and quantity of the items seized must
be indicated to avoid countersuits of robbery, theft or civil suit for damages.
The officer must immediately deliver the property seized to the judge who is-
sued the warrant, together with the inventory of seized items duly verified under oath.
Ten days after the issuance of the warrant, the officer must make a return to
the judge if the warrant was not used. Failure to either make a return or deliver the
seized items within 10 days constitutes contempt of court. (Rule 126, sec. 12)
Warrantless Search and Seizure
Searches and seizures may be conducted without warrant under the following ex-
ceptional circumstances, provided there is probable cause.
1. Search incidental to a lawful arrest
A person lawfully arrested by officers with or without a warrant may be searched
for dangerous weapons, or anything that may have been used in or that may constitute
proof of the commission of an offense (Rules of Court, Rule 126, sec. 13). In this case, the
search must be made during the arrest, as the search is only “incidental” to the arrest
(Nolasco v. Cruz Pano, 139 SCRA 152, 1985). (e.g. fine mesh nets, dynamite, blasting
caps or the fishing vessel)
The search may extend beyond the person arrested to include the premises or sur-
roundings under his immediate control (People v. Musa, 217 SCRA 597). In the case of
fishing vessels, “premises under immediate control” would mean the entire vessel, con-
sidering that in fishery offenses, the vessel itself is an essential tool in committing the
offense.
2. Search of moving motor vehicle
Motor vehicles include fishing vessels and boats breaching fishery laws because
these vessels are normally powered by high-speed engines that enable them to elude
arrest by ships of the Philippine Navy, PCG or other government authorities (Hizon v.
CA, G.R. No. 119619, 13 December 1996). However, there must be probable cause for
searching the vessel.
1244
SEARCH AND SEIZURE
3. Customs search
Seizure of dutiable or contraband items may be made by officers exercising author-
ity under customs laws if there is probable cause. Probable cause may be based on a
mere report. Vessels, warehouses, stores and enclosures may be searched, but not resi-
dences.
4. Seizure of evidence in plain view
Seizures may be made when prohibited articles are “open to the eye and hand”, or
when a police officer accidentally comes upon an incriminating object (People v. Musa,
217 SCRA 597). An object is incriminating if it is a tool used in the commission of the
crime, a contraband or otherwise subject to seizure.
Endangered species aboard a vessel can be seized by law enforcers if these are
discovered while a regular inspection is being conducted.
Fish wardens see a compressor installed in a boat in a municipality where
mere possession of a compressor is prima facie evidence of cyanide fishing.
5. Consented warrantless search
When the officers conducting the search have no right to do so, but the person sub-
ject to the search, or occupying the premises to be searched, consents to the search, then
the person searched has waived his rights. For a valid waiver, the following must con-
cur:
The right exists
The person involved had knowledge of the existence of such right
The person had actual intention to relinquish such right (De Garcia v. Locsin,
65 Phil. 689)
It is best to have the waiver written down to negate charges of lack of consent
should the person later on deny that he consented to the search. Include two witnesses
who can testify to the valid waiver, in case the accused later on alleges that he was
pressured by police officers to give his consent to the search.
6. Stop and frisk
Stop and frisk is an act of a law enforcer to stop a person on the street, interrogate
him and pat him for weapons or contraband. For this exception to apply, the person to
be searched must be acting suspiciously. In Manalili v. CA (280 SCRA 400), policeper-
sons were conducting surveillance based on information that the Kalookan Cemetery
was a haven for drug addicts when they chanced upon a man who appeared to be high
on drugs. He had reddish eyes and swayed when he walked. He tried to avoid the police
and resisted when asked what he was holding in his hands. The Supreme Court ruled
that such actuations were suspicious.
1245
MISCELLANEOUS LAWS
Who may conduct warrantless searches and seizures?
Law enforcers may conduct warrantless searches and seizures. Civilians may do so
only if the search and seizure is incidental to a valid citizen’s arrest.
What may be seized?
Subject matter of the offense

Stolen or embezzled and other proceeds or fruits of the offense
Objects used or intended to be used as a means of committing an offense (e.g.
fishing vessels, dive mask, compressor, blasting caps, nets, fishery species)
Custody
Seized articles are placed under the custody of the court that issued the warrant.
These are delivered to the particular judge who issued the search warrant. (Rule 126,
sec. 12 [b])
For articles seized through a warrantless search and seizure, the following are as-
signed to take custody:
1. Before the filing of the complaint or information
The PNP-Maritime Group (PNP-MARIG) or the local PNP in the area.
A memorandum of agreement of the National Law Enforcement Coordinating
Committee (NALECC) states that whenever applicable, the PNP-MARIG shall take
custody of impounded fishing boats, including fishing gear and other paraphernalia in
illegal fishing, pending the final resolution of the criminal or administrative case. (Art.
2 [b], par. 5, signed on 11 September 1995)
The Police Evidence Custodian. (Department of Justice Manual for Prosecu-
tors, Part II, sec. 18)
2. After the filing of the complaint or information
The court, through the clerk of court.
But the court may ask government or private agencies with appropriate facilities
to undertake custody of the seized articles through an affidavit of undertaking.
Liability of the custodians
What kind of diligence must a custodian exercise over seized articles?
Since the law is silent, custodians need to exercise only ordinary diligence. Thus, a
custodian’s responsibility is to exercise ordinary care and vigilance like a good father of
1246
SEARCH AND SEIZURE
a family, taking into consideration the nature of the articles and circumstances of per-
sons, time and place (Baer Sr. Et Co. v. Compaña Maritima, 6 Phil. 218).
Are custodians liable if seized articles or vessels are lost while in the cus-
tody of the law?
Custodians are liable for malversation of public property (RPC, Art. 217) if the
seized articles are lost due to inexcusable negligence amounting to malice or fraud
(Gregorio, 1997).
Are custodians civilly liable when seized articles are damaged while in
their custody?
Custodians are liable only when negligence is proved. This is based on torts, a civil
case where the owner of the seized articles and the custodian has no pre-existing con-
tract. If the owner alleges damage, he must prove negligence on the part of the custo-
dian,
Are custodians liable if the fishing vessel is damaged by a storm?
No. By principle of law, no one is liable for damages brought about by force ma-
jeure or acts of God.
Affidavit of Undertaking
Is an affidavit of undertaking valid?

Yes. When the complaint or information has been filed, the judge may issue an or-
der releasing the seized items through an affidavit of undertaking. When the case is
still under PI, the prosecutor may also issue an order releasing the items.
Prosecutors are advised, however, to oppose orders from the judge releasing seized
items, since these are critical evidence and their integrity should be preserved. There
have been cases where fine-mesh nets were replaced. During PI, the prosecutors should
also be circumspect in releasing seized items back to owners. The courts and prosecu-
tors should instead have the seized items placed in the custody of the PNP-Maritime,
PCG, Philippine Navy; or other government agencies or private institutions that have
adequate facilities.
Fishing vessels should not be released to the owner if the penalty of the offense in-
cludes confiscation of vessel. Otherwise, the possibility of its being returned would be
nil. If the penalty does not include confiscation, it is sufficient to take a picture of the
vessel. But if there are available berthing facilities, the vessel should be impounded.
If the confiscated property is lost or misappropriated while in the custody of the
owner who signed the affidavit of undertaking, he may be charged with malversation of
public property (RPC, Art. 217).
1247
MISCELLANEOUS LAWS
Replevin
Will replevin prosper in cases of seized articles in the custody of law en-
forcement officers or local government officials?
No. In a replevin case, the plaintiff's cause of action has to be grounded, among
others, on the fact that:
The property is wrongfully detained by the defendant (the custodian of the
seized property) and
The property has not been placed under custodia legis (Rule 60, sec. 2 [b] & [c]).
Since lawfully seized fishing gear, superlights and vessels are under custodia legis
and not wrongfully detained, the plaintiff has no cause of action against the defendant.
It is basic that if the property is in custodia legis, a replevin suit will not prosper for the
owner’s recovery of the item (Pagkalinawan v. Gomez, 21 SCRA 1275).
Replevin is the return to-or recovery by-a person of goods or chattels claimed to be
wrongfully detained. This is granted, however, on the condition that the person gives an
assurance to try the matter in court, and to return the goods if the claim of unlawful
detention is disproved. (Tillson v. Court of Appeals, 197 SCRA 587). Unlawful deten-
tion is the keeping of Property by a person without any pretense of authority or right.
An item is in custodia Iegis when it is shown that it has been, and is subjected
to, the official custody of a judicial or executive officer. Law enforcers, such as the PNP,
are specifically empowered to impound the property (RA 8550, sec. 103 [e]). Property
lawfully seized with a search warrant or under a valid warrantless search and seizure
is also considered in custodia legis. (Bagalihog v. Fernandez, 198 SCRA 614).
May administrative bodies or courts other than the court of jurisdiction
issue a writ of replevin?
No. The jurisdiction acquired by a court over vessels through the filing of an in-
formation charging fishery violations cannot be interfered with by a co-equal and coor-
dinate court. Only the court of jurisdiction can order the release of the vessel. In
Roldan, Jr. v. Arca, 65 SCRA 336, not even the Agriculture & Natural Resources Secre-
tary or the Fisheries Commissioner could direct that the fishing boat be turned over to
any person or agency without risking contempt of court. It does not matter that the
vessel may later be found within the territorial jurisdiction of another court. Once
vested, jurisdiction attaches.
The court issues the writ of replevin ex parte or without notice to the defendant.
Thus, the defendant (e.g., BFAR field staff, police officers, LGU officials and community
leaders) learn of the case only when the sheriff serves a copy of the writ with the inten-
tion of taking the property into his possession. Hence, the defendant is caught by sur-
prise and is unable to make any legal move to prevent or at least delay the taking.
1248
SEARCH AND SEIZURE
What is the countermeasure against a writ of replevin?

After the writ of replevin is served upon the person/s having custody, the defen-
dant must immediately file an Omnibus Motion to Dismiss and to Quash Writ of Re-
plevin. The Omnibus Motion is based on the ground that the complaint does not state a
cause of action.
What are the remedies when the motion to quash the writ of replevin is
denied?
The defendant should file with the Court of Appeals a petition for certiorari and
prohibition under Rule 65 of the Rules of Court. The petition, which must be filed
within 60 days from receipt of the order of denial, should include an application for a
temporary restraining order/preliminary injunction to prevent the trial court from fur-
ther proceeding with the case during the pendency of the petition.
Likewise, as the property shall have been delivered to the plaintiff at the time the
petition is filed, there could also be a prayer for a preliminary mandatory injunction
directing the trial court to return the property to the custody of the defendant. Should
the Court of Appeals dismiss the petition, the defendant has a final remedy-a petition
for review before the Supreme Court, within 30 days from receipt of the Court of Ap-
peals’ decision. (Sources: Fish, Mending Nets, others)
Application for Search Warrant∗
Republic of the Philippines.

Regional Trial Court
_th Judicial Region
Branch ___
____________, __________
National Bureau of Investigation/(or Crim. Case No.

Other Law Enforcement Agency) For: Viol. Of R.A. No. ______
_________________________ ___________________________
Applicant, ___________________________
-vs-
________________________
___________, ____________
_________, ______________
Subject
x--------------------------------------------------------------------------------------------------------------------- x
1249
MISCELLANEOUS LAWS
APPLICATION FOR SEARCH WARRANT
The National Bureau of Investigation, (or any other police/law enforcement offi-
cer), with Office address at __________, _____ City, pursuant to Rule 126 of the Rules of
Court, unto this Honorable Court most respectfully applies for the issuance of a Search
Warrant:
01. That subject ____________ who may be found at ________, _____________,
__________, ________ who has in possession or has in his control undetermined quantity
of Ammonium Nitrate, Blasting Cap and Fuse, and being used in making improvised
dynamite and being sold to the fishermen engaged in the illegal fishing in the Cit-
ies/Municipalities of __________________.
Subject is keeping and concealing the illegal items in the premises above de-
scribed in violation of R.A. No. 8294 or R.A. 8550.
02. That a Search Warrant should be issued to enable any Agent of the law to
take possession and bring to this Court the undetermined quantity of Ammonium Ni-
trate, Blasting Cap and Fuse being sold by Subject to the fishermen engaged in illegal
fishing.
03. This APPLICATION is based on the personal knowledge of Witness
____________________ as per his Sworn Statement herewith attached which was con-
firmed by the Undersigned Applicant and whose persons are herewith made available
for the required PERSONAL EXAMINATION by this Honorable Court.
WHEREFORE AND AFTER APPROPRIATE PROCEEDINGS, it is respectfully
prayed that a Search Warrant be issued authorizing the Agents and Special Investiga-
tors of the NBI-___RO, to conduct a search at the premises abovedescribed and to seize
and surrender to this Honorable Court the personal property mentioned above to be
dealt with as the law directs.
__________, ___________, (date).
_____________________________
Supervising Agent, NBI - ___RO
Annexes
A. Sworn statement of ______________;
B. Affidavit of _____________________
C. Certification issued by ______________, NBI-____RO Chemist;
D. Sketch of the residence of Subject _____________
SUBSCRIBED AND SWORN to before me this ___th day of ______ at ____________,
__________, Philippines.
________________________
Administering Judge
1250
SEARCH AND SEIZURE
CERTIFICATION
This CERTIFIES that the filing of the above Application for Search Warrant has
been Authorized by the Undersigned Head of Office of ___________-___________ Re-
gional Office, _________.
_________________________
Searching Questions
SWORN STATEMENT OF _____________________ GIVEN BEFORE SPECIAL

INVESTIGATOR ___________________ IN THE PRESENCE OF SUPERVISING
AGENT _________________ AND LEGAL ASSISTANT __________________ AT THE
NATIONAL BUREAU OF INVESTIGATION _________________ REGIONAL OFFICE,
____________ THIS __th DAY OF _______________.
x ------------------------------------------------------- x
1) This investigation is in connection with the information received by this of-

fice regarding the alleged selling of explosive materials such as blasting caps and
ammonium nitrate used in illegal fishing by a certain ____________ at ______________,
_____________. Now, are you willing to give a free and voluntary statement and are
you willing to tell the truth, the whole truth and nothing but the truth in this investi-
gation?
2) Will you please state your name, address and other personal circumstances?
3) Since when did you become an Intelligence Operative of NBI- _____?
4) As Intelligence Operative of NBI-___, what are your duties and responsibili-
ties?
Answer: As Intelligence Operative of NBI- ___, my duties and responsibilities are
to gather intelligence information, verify the validity of the information received and
report the same to the Regional Director and perform any other tasks as may be as-
signed to me by agents of the NBI.
5) What was your latest assignment as an Intelligence Operative of NBI- ____?
6) After being instructed by ____________________ regarding the alleged informa-
tion, what did you do?
7) Were you able to find the house of ______________?
8) What did you do then?
1251
MISCELLANEOUS LAWS
9) What happened next?

10) After you were introduced to ___________, what happened next?
11) Where you able to buy ammonium nitrate and blasting cap from ___________?
12) What did you do then with the ammonium nitrate and blasting cap you
bought from ___________?
13) Will you please describe to us the house of _____________?
14) Where did _______ place the ammonium nitrate and blasting caps?
15) Will you please describe to us __________________?
16) When was the last time you went at the house of ________________?
17) What did you do there?
18) What was the result of your test buy?
19) In the meantime, we have no more questions to ask. Do you have something
more to say, add or delete from your statement?
20) Are you willing to sign your statement under oath?
X --------------------------------------------- END OF STATEMENT--------------------------------------X
_______________________
Affiant
SUBSCRIBED AND SWORN to before me this ____th day of _________________ at

__________________, Philippines. I further certify that I have personally examined the
herein Affiant and that I am convinced that he voluntarily executed and understood the
contents of his statement.
___________________________
Administering Officer
1252
SEARCH AND SEIZURE
Search Warrant
Republic of the Philippines

REGIONAL TRIAL COURT
___th Judicial Region
Branch ____
__________, ___________
SEARCH WARRANT
No. ____
TO ANY PEACE OFFICER
GREETINGS:
It appearing to the satisfaction of the undersigned, after examination under oath

Supervising Agent __________________ and deposition witness ____________________
that there is sufficient and good reasons to believe that respondent
_____________________ have in his position, control and custody “1) Undetermined
Quantity of Ammonium Nitrate, 2) Undetermined Quantity of Blasting Caps, 3) Unde-
termined Quantity of Fuse all used as material for the making of Dynamite for Illegal
Fishing” maybe found at his residence at ____________________________, as indicated in
the sketch attached as Annex “_” of the application for Search Warrant in Violation of
R.A. No. 8294 Amending P.D. 1866 Codifying the Laws on Firearms, Ammunition or
Explosive or R.A. 8550 should be seized and brought to the undersigned.
You are hereby commanded to make an immediate search at anytime of this
day/night on the premises of the above-mentioned of the following:
“1) Undetermined Quantity of Ammonium Nitrate
2) Undetermined Quantity of Blasting Caps
3) Undetermined Quantity of Fuse”
which are all used as material/component for the making of improvised dyna-
mite/explosive for illegal fishing and bring said items to the undersigned to be dealt
with as the law directs.
Given under my hand this ___th day of __________ in _____________, _________.
______________________
Judge
1253
MISCELLANEOUS LAWS
MODES OF DISCOVERY
Legal Short Cuts
One of the main causes of delay in litigation of civil and criminal cases is the fact
that the parties are not aware of the positions, documents and evidence possessed by
each one of them. If each party knew of each other’s strengths and weaknesses, they
would be better encouraged to speedily settle the matter. In the alternative, it will be
easier for the Court to expeditiously resolve the case.
To facilitate the process of knowing the respective positions of every party to a le-
gal case, the Rules of Court provide procedures for a party to “fish for evidence.” This is
known as the modes of discovery that is to discover the evidence of another.
In encouraging the more extensive use of the modes of discovery, the Philippine
Supreme Court had occasion to elaborate on the reason for the rules on discovery and
its objectives.
1254
RULES OF COURT
Rules of Court
Depositions Pending Actions
RULE 23
SECTION 1. Depositions Pending Action, When May Be Taken.—By leave of

court after jurisdiction has been obtained over any defendant or over property which is
the subject of the action, or without such leave after an answer has been served, the
testimony of any person, whether a party or not, may be taken, at the instance of any
party, by deposition upon oral examination or written interrogatories. The attendance
of witnesses may be compelled by the use of a subpoena as provided in Rule 21. Deposi-
tions shall be taken only in accordance with these Rules. The deposition of a person
confined in prison may be taken only by leave of court on such terms as the court pre-
scribes (la, R24).∗
SEC. 2. Scope of Examination.—Unless otherwise ordered by the court as pro-
vided by Section 16 or 18 of this Rule, the deponent may be examined regarding any
matter, not privileged, which is relevant to the subject of the pending action, whether
relating to the claim or defense of any other party, including the existence, description,
nature, custody, condition, an location of any books, documents, or other tangible things
and the identity and location of persons having knowledge of relevant facts (2, R24).*
SEC. 3. Examination and Cross-Examination.—Examination and cross-
examination of deponents may proceed as permitted at the trial under sections 3 to 18
of Rule 132 (3a, R24),*
SEC. 4. Use of Depositions.—At the trial or upon the hearing of a motion or an
interlocutory proceeding, any part or all of a deposition, so far as admissible under the
rules of evidence, may be used against any party who was present or represented at the
taking of the deposition or who had due notice thereof, in accordance with any one of
the following provisions:
a. Any deposition may be used by any party for the purpose of contradicting or
impeaching the testimony of deponent as a witness;
b. The deposition of a party or of any one who at the time of taking the deposition
was an officer, director, or managing agent of a public or private corporation, partner-
ship, or association which is a party may be used by an adverse party for any purpose;
c. The deposition of a witness, whether or not a party, may be used by any party
for any purpose if the court finds: 1) that the witness is dead; or 2) that the witness
resides at a distance more than one hundred (100) kilometers from the place of trial or
hearing, or is out of the Philippines, unless it appears that his absence was procured by
the party offering the deposition; or 3) that the witness is unable to attend or testify
_______________________
∗
Numbers in parenthesis at the end of the provision refer to the corresponding section and
rule numbers in the old Rules of Court.
1255
MISCELLANEOUS LAWS
because of age, sickness, infirmity, or imprisonment; or 4) that the party offering the
deposition has been unable to procure the attendance of the witness by subpoena; or 5)
upon application and notice, that such exceptional circumstances exist as to make it
desirable, in the interest of justice and with due regard to the importance of presenting
the testimony of witnesses orally in open court, to allow the deposition to be used; and
d. If only part of a deposition is offered in evidence by a party, the adverse party
may require him to introduce all of it which is relevant to the part introduced, and any
party may introduce any other parts. (4a, R24)*
SEC. 5. Effect of Substitution of Parties.—Substitution of parties does not affect
the right to use depositions previously taken; and, when an action has been dismissed
and another action involving the same subject is afterward brought between the same
parties or their representatives or successors in interest, all depositions lawfully taken
and duly filed in the former action may be used in the latter as if originally taken there-
fore. (5, R24)*
SEC. 6. Objections to Admissibility.—Subject to the provisions of Section 29 of
this Rule, objection may be made at the trial or hearing to receiving in evidence any
deposition or part thereof for any reason which would require the exclusion of the evi-
dence if the witness were then present and testifying. (6, R24)*
SEC. 7. Effect of Taking Depositions.—A party shall not be deemed to make a
person his own witness for any purpose by taking his deposition. (7, R24)*
SEC. 8. Effect of Using Depositions.—The introduction in evidence of the deposi-
tion or any part thereof for any purpose other than that of contradicting or impeaching
the deponent makes the deponent the witness of the party introducing the deposition,
but this shall not apply to the use by an adverse party of a deposition as described in
paragraph (b) of Section 4 of this Rule. (9, R24)
SEC. 9. Rebutting Depositions.—At the trial or hearing, any party may rebut
any relevant evidence contained in a deposition whether introduced by him or by any
other party. (9, R24)
SEC. 10. Persons Before Whom Depositions May Be Taken Within the Philip-
pines.—Within the Philippines, depositions may be taken before any judge, notary pub-
lic, or the person referred to in Section 14 hereof. (I 10a, R24)
SEC. 11. Persons Before Whom Depositions May Be Taken in Foreign Coun-
tries.—In a foreign state or country, depositions may be taken (a) on notice before a
secretary of embassy or legation, consul general, consul, vice-consul, or consular agent
of the Republic of the Philippines; (b) before such person or officer as may be appointed
by commission or under letters rogatory; or (c) the person referred to in Section 14
hereof. (11 a, R24)
SEC. 12. Commission or Letters Rogatory.—A commission or letters rogatory
shall be issued only when necessary or convenient, on application and notice, and on
such terms and with such direction as are just and appropriate. Officers may be desig-
1256
RULES OF COURT
nated in notices or commissions either by name or descriptive title and letters rogatory
may be -addressed to the appropriate judicial authority in the foreign country. (I 2a,
R24)
SEC. 13. Disqualification by Interest.—No deposition shall be taken before a
person who is a relative within the sixth degree of consanguinity or affinity, or em-
ployee or counsel of any of the parties; or who is a relative within the same degree, or
employee of such counsel; or who is financially interested in the action. (13a, R24)
SEC. 14. Stipulations Regarding Taking of Depositions.—If the parties so stipu-
late in writing, depositions may be taken before any person authorized to administer
oaths, at any time or place, in accordance with these Rules, and when so taken may be
used like other depositions. (14a, R24)
SEC. 15. Deposition upon Oral Examination; Notice; Time and Place.—A party
desiring to take the deposition of any person upon oral examination shall give reason-
able notice in writing to every other party to the action. The notice shall state the time
and place for taking the deposition and the name and address of each person to be ex-
amined, if known, and if the name is not known, a general description sufficient to iden-
tify him or the particular class or group to which he belongs. On motion of any party
upon whom the notice is served, the court may for cause shown enlarge or shorten the
time. (15, R24)
SEC. 16. Orders for the Protection of Parties and Deponents.—After notice is
served for taking a deposition by oral examination, upon motion seasonably made by
any party or by the person to be examined and for good cause shown, the court in which
the action is pending may make an order that the deposition shall not be taken, or that
it may be taken only at some designated place other than that stated in the notice, or
that it may be taken only on written interrogatories, or that certain matters shall not be
inquired into, or that the scope of the examination shall be held with no one present
except the parties to the action and their officers or counsel, or that after being sealed
the deposition shall be opened only by order of the court, or that secret processes, devel-
opments, or research need not be disclosed, or that the parties shall simultaneously file
specified documents or information enclosed in sealed envelopes to be opened as di-
rected by the court; or the court may make any other order which justice requires to
protect the party or witness from annoyance, embarrassment, or oppression. (16a, R24)
SEC. 17. Record of Examination; Oath; Objections.—The officer before whom the
deposition is to be taken shall put the witness on oath and shall personally, or by some-
one acting under his direction and in his presence, record the testimony of the witness.
The testimony shall be taken stenographically unless the parties agree otherwise. All
objections made at the time of the examination to the qualifications of the officer taking
the deposition, or to the manner of taking it, or to the evidence presented, or to the
conduct of any party, and any other objection to the proceedings, shall be noted by the
officer upon the deposition. Evidence objected to shall be taken subject to the objections.
In lieu of participating in the oral examination, parties served with notice of taking a
1257
MISCELLANEOUS LAWS
deposition may transmit written interrogatories to the officers, who shall propound
them to the witness and record the answers verbatim. (17, R24)
SEC. 18. Motion to Terminate or Limit Examination.—At any time during the
taking of the deposition, on motion or petition of any party or of the deponent and upon
a showing that the examination is being conducted in bad faith or in such manner as
unreasonably to annoy, embarrass, or oppress the deponent or party, the court in which
the action is pending or the Regional Trial Court of the place where the deposition is
being taken may order the officer conducting the examination to cease forthwith from
taking the deposition, or may limit the scope and manner of the taking of the deposi-
tion, as provided in Section 16 of this Rule. If the order made terminates the examina-
tion, it shall be resumed thereafter only upon the order of the court in which the action
is pending. Upon demand of the objecting party or deponent, the taking of the deposi-
tion shall be suspended for the time necessary to make a notice for an order. In granting
or refusing such order, the court may impose upon either party or upon the witness the
requirement to pay such costs or expenses as the court may deem reasonable. (I 8a,
R24)
SEC. 19. Submission to Witness; Changes; Signing.—When the testimony is
fully transcribed, the deposition shall be submitted to the witness for examination and
shall be read to or by him, unless such examination and reading are waived by the wit-
ness and by the parties. Any changes in form or substance which the witness desires to
make shall be entered upon the deposition by the officer with a statement of the reasons
given by the witness for making them. The deposition shall then be signed by the wit-
ness, unless the parties by stipulation waive the signing or the witness is ill or cannot
be found or refuses to sign. If the deposition is not signed by the witness, the officer
shall sign it and state on the record the fact of the waiver or of the illness or absence of
the witness or the fact of the refusal to sign together with the reason given therefore, if
any, and the deposition may then be used as fully as though signed, unless on a motion
to suppress under Section 29 (f) of this Rule, the court holds that the reasons given for
the refusal to sign require rejection of the deposition in whole or in part. (I 9a, R24)
SEC. 20. Certification and Filing by Officer.—The officer shall certify on the
deposition that the witness was duly sworn to by him and that the deposition is a true
record of the testimony given by the witness. He shall then securely seal the deposition
in an envelope indorsed with the title of the action and marked “Deposition of (here
insert the name of witness)” and shall promptly file it with the court in which the action
is pending or send it by registered mail to the clerk thereof for filing. (20, R24)
SEC. 21. Notice of Filing.—The officer taking the deposition shall give prompt
notice of its filing to all the parties. (21, R24)
SEC. 22. Furnishing Copies.—Upon payment of reasonable charges therefore,
the officer shall furnish a copy of the deposition to any party or to the deponent. (22,
R24)
1258
RULES OF COURT
SEC. 23. Failure to Attend of Party Giving Notice.—If the party giving the notice
of the taking of a deposition fails to attend and proceed therewith and another attends
in person or by counsel pursuant to the notice, the court may order the party giving the
notice to pay such other party the amount of the reasonable attorney’s fees. (23a, R24)
SEC. 24. Failure of Party Giving Notice to Serve Subpoena.—If the party giving
the notice of the taking of a deposition of a witness fails to serve a subpoena upon him
and the witness because of such failure does not attend, and if another party attends in
per son or by counsel because he expects the deposition of that witness to be taken, the
court may order the party giving the notice t& pay to such other party the amount of
the reasonable expenses incurred by him and his counsel in so attending, including
reasonable attorney’s fees. (24a, R24)
SEC. 25. Deposition upon Written Interrogatories; Service of Notice of Interroga-
tories.—A party desiring to take the deposition of any person upon written interrogato-
ries shall serve them upon every other party with a notice stating the name and address
of the person who is to answer them and the name or descriptive title and address of the
officer before whom the deposition is to be taken. Within ten (10) days thereafter, a
party so served may serve cross-interrogatories upon the party proposing to take the
deposition. Within five (5) days thereafter, the latter may serve re-direct interrogatories
upon a party who has served cross-interrogatories. Within three (3) days after being
served with re-direct interrogatories, a party may serve recross-interrogatories upon the
party proposing to take the deposition. (25, R24)
SEC. 26. Officers to Take Responses and Prepare Record.—A copy of the notice
and copies of all interrogatories served shall be delivered by the party taking the depo-
sition to the officer designated in the notice, who shall proceed promptly, in the manner
provided by Sections 17, 19, and 20 of this Rule, to take the testimony of the witness in
response to the interrogatories and to prepare, certify, and file or mail the deposition,
attaching thereto the copy of the notice and the interrogatories received by him. (26,
R24)
SEC. 27. Notice of Filing and Furnishing Copies.—When a deposition upon in-
terrogatories is filed, the officer taking it shall promptly give notice thereof to all the
parties, and may furnish copies to them or to the deponent upon payment of reasonable
charges therefor. (27, R24)
SEC. 28. Order for the Protection of Parties and Deponents.—After the service of
the interrogatories and prior to the taking of the testimony of the deponent, the court in
which the action is pending, on motion promptly made by a party or a deponent, and for
good cause shown, may make any order specified in Sections 15, 16, and 18 of this Rule
which is appropriate and just or an order that the deposition shall not be taken before
the officer designated in the notice or that it shall not be taken except upon oral exami-
nation. (28a, R24)
SEC. 29. Effects of Errors and Irregularities in Depositions.—
1259
MISCELLANEOUS LAWS
a. As to notice -All errors and irregularities in the notice for taking a deposition
are waived unless written objection is promptly served upon the party giving the notice.
b. As to disqualification of officer — Objection to taking a deposition because of
disqualification of the officer before whom it is to be taken is waived unless made before
the taking of the deposition begins or as soon thereafter as the disqualification becomes
known or could be discovered with reasonable diligence.
c. As to competency or relevancy of evidence — Objections to the competency of a
witness or the competency, relevancy, or materiality of testimony are not waived by
failure to make them before or during the taking of the deposition, unless the ground of
the objection is one which might have been obviated or removed if presented at that
time.
d. As to oral examination and other particulars — Errors and irregularities oc-
curring at the oral examination in the manner of taking the deposition, in the form of
the questions or answers, in the oath or affirmation, or in the conduct of the parties and
errors of any kind which might be obviated, removed, or cured if promptly prosecuted,
are waived unless reasonable objection thereto is made at the taking of the deposition.
e. As to form of written interrogatories — Objections to the form of written inter-
rogatories submitted under sections 25 and 26 of this Rule are waived unless served in
writing upon the party propounding them within the time allowed for serving succeed-
ing cross or other interrogatories and within three (3) days after service of the last in-
terrogatories authorized.
f. As to manner of preparation — Errors and irregularities in the manner in
which the testimony is transcribed or the deposition is prepared, signed, certified,
sealed, indorsed, transmitted, filed, or otherwise dealt with by the officer under Sec-
tions 17, 19, 20 and 26 of this Rule are waived unless a motion to suppress the deposi-
tion or some part thereof is made with reasonable promptness after such defect is, or
with due diligence might have been ascertained. (29a, R24)
Depositions Pending Appeal

RULE 24
SECTION 1. Depositions Before Action; Petition.—A person who desires to per-

petuate his. own testimony or that of another person regarding any matter that may be
cognizable in any court of the Philippines, may file a verified petition in the court of the
place of the residence of any expected adverse party. (la, R134)
SEC. 2. Contents of Petition.—The petition shall be entitled in the name of the
petitioner and shall show: (a) that the petitioner expects to be a party to an action in a
court of the Philippines but is presently unable to bring it or cause it to be brought; (b)
the subject matter of the expected action and his interest therein; (c) the facts which he
desires to establish by the proposed testimony and his reasons for desiring to perpetu-
ate it; (d) the names or a description of the persons he expects will be adverse parties
1260
RULES OF COURT
and their addresses so far as known; and (e) the names and addresses of the persons to
be examined and the substance of the testimony which he expects to elicit from each,
and shall ask for an order authorizing the petitioner to take the depositions of the per-
sons to be examined named in the petition for the purpose of perpetuating their testi-
mony. (2, R 134)
SEC. 3. Notice and Service.—The petitioner shall serve a notice upon each per-
son named in the petition as an expected adverse party, together with a copy of the
petition, stating that the petitioner will apply to the court, at a time and place named
therein, for the order described in the petition. At least twenty (20) days before the date
of the hearing, the court shall cause notice thereof to be served on the parries and pro-
spective deponents in the manner provided for service of summons. (3a, R 134)
SEC. 4. Order and Examination.—If the court is satisfied that the perpetuation
of the testimony may prevent a failure or delay of justice, it shall make an order desig-
nating or describing the persons whose deposition may be taken and specifying the
subject matter of the examination and whether the depositions shall be taken upon oral
examination or written interrogatories. The depositions may then be taken in accor-
dance with Rule 23 before the hearing. (4a, RI 34)
SEC. 5. Reference to Court.—For the purpose of applying Rule 23 to depositions
for perpetuating testimony, each reference therein to the court in which the action is
pending shall be deemed to refer to the court in which the petition for such deposition
was filed. (5a, R134).
SEC. 6. Use of Deposition.—If a deposition to perpetuate testimony is taken un-
der this Rule, or if, although not so taken, it would be admissible in evidence, it may be
used in any action involving the same subject matter subsequently brought in accor-
dance with the provisions of Sections 4 and 5 of Rule 23. (6a, RI 34)
SEC. 7. Depositions Pending Appeal.—If an appeal has been taken from a judg-
ment of a court, including the Court of Appeals in proper cases, or before the taking of
an appeal if the time therefore has not expired, the court in which the judgment was
rendered may allow the taking of depositions of witnesses to perpetuate their testimony
for use in the event of further proceedings in the said court. In such case the party who
desires to perpetuate the testimony may make a motion in the said court for leave to
take the depositions, upon the same notice and service thereof as if the action was pend-
ing therein. The motion shall state (a) the names and addresses of the persons to be
examined and the substance of the testimony which he expects to elicit from each; and
(b) the reason for perpetuating their testimony. If the court finds that the perpetuation
of the testimony is proper to avoid a failure or delay of justice, it may make an order
allowing the depositions to be taken, and thereupon the depositions may be taken and
used in the same manner and under the same conditions as are prescribed in these
Rules for depositions taken in pending actions. (7a, RI 34)
1261
MISCELLANEOUS LAWS
Interrogatories to Parties
RULE 25
SECTION 1. Interrogatories to Parties; Service Thereof.—Under the same condi-

tions specified in Section I of Rule 23, any party desiring to elicit material and relevant
facts from any adverse parties shall file and serve upon the latter written interrogato-
ries to be answered by the party served or, if the party served is a public or private
corporation or a partnership or association, by any officer thereof competent to testify in
its behalf. (I a)
SEC. 2. Answer to Interrogatories.—The interrogatories shall be answered fully
in writing and shall be signed and sworn to by the person making them. The party upon
whom the interrogatories have been served shall file and serve a copy of the answers on
the party submitting the interrogatories within fifteen (15) days after service thereof,
unless the court, on motion and for good cause shown, extends or shortens the time. (2a)
SEC. 3. Objections to Interrogatories.—Objections to any interrogatories may be
presented to the court within ten (10) days after service thereof, with notice as in case of
motion; and answers shall be deferred until the objections are resolved, which shall be
at as early a time as is practicable. (3a)
SEC. 4. Number of Interrogatories.—No party may, without leave of court, serve
more than one set of interrogatories to be answered by the same party. (4)
SEC. 5. Scope and Use of Interrogatories.—Interrogatories may relate to any
matters that can be inquired into under Section 2 of Rule 23, and the answers may be
used for the same purposes provided in Section 4 of the same Rule. (5a)
SEC. 6. Effect of Failure to Serve Written Interrogatories.—Unless thereafter al-
lowed by the court for good cause shown and to prevent a failure of justice, a party not
served with written interrogatories may not be compelled by the adverse party to give
testimony in open court, or to give a deposition pending appeal. (n)
Admission by Adverse Party

RULE 26
SECTION 1. Request for Admission.—At any time after issues have been joined,
a party may file and serve upon any other party a written request for the admission by
the latter of the genuineness of any material and relevant document described in and
exhibited with the request or of the truth of any material and relevant matter of fact set
forth in the request. Copies of the documents shall be delivered with the request unless
copies have already been furnished. (1a)
SEC. 2. Implied Admission.—Each of the matters of which an admission is re-
quested shall be deemed admitted unless, within a period designated in the request,
which shall not be less than fifteen (15) days after service thereof, or within such fur-
1262
RULES OF COURT
ther time as the court may allow on motion, the party to whom the request is directed
files and serves upon the party requesting the admission a sworn statement either de-
nying specifically the matters of which an admission is requested or setting forth in
detail the reasons why he cannot truthfully either admit or deny those matters.
Objections to any request for admission shall be submitted to the court by the
party requested within the period for and prior to the filing of his sworn statement as
contemplated in the preceding paragraph and his compliance therewith shall be de-
ferred until such objections are resolved, which resolution shall be made as early as
practicable. (2a)
SEC. 3. Effect of Admission.—Any admission made by a party pursuant to such
request is for the purpose of the pending action only and shall not constitute an admis-
sion by him for any other purpose nor may the same be used against him in any other
proceeding. (3)
SEC. 4. Withdrawal.—The court may allow the party making an admission un-
der this Rule, whether express or implied, to withdraw or amend it upon such terms as
may be just. (4)
SEC. 5. Effect of Failure to File and Serve Request for Admission.—Unless oth-
erwise allowed by the court for good cause shown and to prevent a failure of justice, a
party who fails to file and serve a request for admission on the adverse party of mate-
rial and relevant facts at issue which are, or ought to be, within the personal knowledge
of the latter, shall not be permitted to present evidence on such facts. (n)
Production or Inspection of Things

RULE 27
SECTION 1. Motion for Production or Inspection; Order.—Upon motion of any

party showing good cause therefore, the court in which an action is pending may (a) order
any party to produce and permit the inspection and copying or photographing, by or on
behalf of the moving party, of any designated documents, papers, books, accounts, letters,
photographs, objects or tangible things, not privileged, which constitute or contain evi-
dence material to any matter involved in the action and which are in his possession, cus-
tody or control; or (b) order any party to permit entry upon designated land or other prop-
erty in his possession or control for the purpose of inspecting, measuring, surveying, or
photographing the property or any designated relevant object or operation thereon. The
order shall specify the time, place and manner of making the inspection and taking copies
and photographs, and may prescribe such terms and conditions as are just. (I a)
Physical and Mental Examination of Persons

RULE 28
SECTION 1. When Examination May Be Ordered.—In an action in which the

mental or physical condition of a party is in controversy, the court in which the action is
1263
MISCELLANEOUS LAWS
pending may in its discretion order him to submit to a physical or mental examination
by a physician. (1)
SEC. 2. Order for Examination.—The order for examination may be made only
on motion for good cause shown and upon notice to the party to be examined and to all
other parties, and shall specify the time, place, manner, conditions and scope of the
examination and the person or persons by whom it is to be made. (2)
SEC. 3. Report of Findings.—If requested by the party examined, the party
causing the examination to be made shall deliver to him a copy of a detailed written
report of the examining
physician setting out his
findings and conclusions.
After such request and de-
livery, the party causing
the examination to be
made shall be entitled
upon request to receive
from the party examined a
like report of any exami-
nation, previously or there-
after made, of the same
mental or physical con-
dition. If the party exam-
ined refuses to deliver such
report, the court on motion
and notice may make an
order requiring delivery on
such terms as are just, and
if a physician fails or re-
fuses to make such a report
“Our ideas must be as broad as Nature, if they are to inter-
the court may exclude his
pret Nature.” — Sir Arthur Conan Doyle testimony if offered at the
(A. Oposa) trial. (3a)
SEC. 4. Waiver of
Privilege.—By requesting and obtaining a report of the examination so ordered or by
taking the deposition of the examiner, the party examined waives any privilege he may
have in that action or any other involving the same controversy, regarding the testi-
mony of every other person who has examined or may thereafter examine him in re-
spect of the same mental or physical examination (4)
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Refusal to Comply with Modes of Discovery

RULE 29
SECTION 1. Refusal to Answer.—If a party or other deponent refuses to answer

any question upon oral examination, the examination may be completed on other mat-
ters or adjourned as the proponent of the question may prefer. The proponent may
thereafter apply to the proper court of the place where the deposition is being taken, for
an order to compel an answer. The same procedure may be availed of when a party or a
witness refuses to answer any interrogatory submitted under Rules 23 and 25. If the
application is granted, the court shall require the refusing party or deponent to answer
the question or interrogatory and if it also finds that the refusal to answer was without
substantial justification, it may require the refusing party or deponent or the counsel
advising the refusal, or both of them, to pay the proponent the amount of the reasonable
expenses incurred in obtaining the order, including attorney’s fees.
If the application is denied and the court finds that it was filed without substantial
justification, the court may require the proponent or the counsel advising the filing of the
application, or both of them, to pay to the refusing party or deponent the amount of the
reasonable expenses incurred in opposing the application, including attorney’s fees. (I a)
SEC. 2. Contempt of Court.—If a party or other witness refuses to be sworn or
refuses to answer any question after being directed to do so by the court of the place in
which the deposition is being taken, the refusal may be considered a contempt of that
court. (2a)
SEC. 3. Other Consequences.—If any party or an officer or managing agent of a
party refuses to obey an order made under Section I of this Rule requiring him to an-
swer designated questions, or an order under Rule 27 to produce any document or other
thing for inspection, copying, or photographing or to permit it to he done, or to permit
entry upon land or other property, or an order made under Rule 28 requiring him to
submit to a physical or mental examination, the court may make such orders in regard
to the refusal as are just, and among others the following:
a. An order that the matters regarding which the questions were asked, or the
character or description of the thing or land, or the contents of the paper, or the physi-
cal or mental condition of the party, or any other designated facts shall be taken to be
established for the purposes of the action in accordance with the claim of the party
obtaining the order;
b. An order refusing to allow the disobedient party to support or oppose desig-
nated claims or defenses or prohibiting him from introducing in evidence designated
documents or things or items of testimony, or from introducing evidence of physical or
mental condition;
c. An order striking out pleadings or parts thereof, or staying further proceedings
until the order is obeyed, or dismissing the action or proceeding or any part thereof, or
rendering a judgment by default against the disobedient party; and
1265
MISCELLANEOUS LAWS
d. In lieu of any of the foregoing orders or in addition thereto, an order directing

the arrest of any party or agent of a party for disobeying any of such orders except an
order to submit to a physical or mental examination. (3a)
SEC. 4. Expenses on Refusal to Admit.—If a party after being served with a re-
quest under Rule 26 to admit the genuineness of any document or the truth of any mat-
ter of fact, serves a sworn denial thereof and if the party requesting the admissions
thereafter proves the genuineness of such document or the truth of any such matter of
fact, he may apply to the court for an order requiring the other party to pay him the
reasonable expenses incurred in making such proof, including attorney’s fees. Unless
the court finds that there were good reasons for the denial or that admissions sought
were of no substantial importance, such order shall be issued. (4a)
SEC. 5. Failure of Party to Attend or Serve Answers.—If a party or an officer or
managing agent of a party willfully fails to appear before the officer who is to take his
deposition, after being served with a proper notice, or fails to serve answers to inter-
rogatories submitted under Rule 25 after proper service of such interrogatories, the
court on motion and notice, may strike out all or any part of any pleading of that party,
or dismiss the action or proceeding or any part thereof, or enter a judgment by default
against that party, and in its discretion, order him to pay reasonable expenses incurred
by the other, including attorney’s fees. (5)
SEC. 6. Expenses Against the Republic of the Philippines.—Expenses and attor-
ney’s fees are not to be imposed upon the Republic of the Philippines under this Rule. (6)
Libel
Revised Penal Code
SECTION 1. Definition, Forms, and Punishment of This Crime.—

Art. 353. Definition of Libel.—A libel is a public and malicious imputation of a
crime, or of, a vice or defect real or imaginary, or any act, omission, condition, status, or
circumstance tending to cause the dishonor, discredit, or contempt of a natural or ju-
ridical person, or to blacken the memory of one who is dead.
Art. 354. Requirement of Publicity.—Every defamatory imputation is presumed
to be malicious, even if it be true, if no good intention and justifiable motive for making
it is shown, except in the following cases:
1. A private communication made by any person to another in the performance of
any legal, moral or social duty; and
2. A fair and true report, made in good faith, without any comments or remarks,
of any judicial, legislative or other official proceedings which are not of confidential
nature, or of any statement, report or speech delivered in said proceedings, or of any
other act performed by public officers in the exercise of their functions.
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Art. 355. Libel by Means of Writings or Similar Means.—A libel committed by

means of writing, printing, lithography, engraving, radio, phonograph, painting, theat-
rical exhibition, cinematographic exhibition, or any similar means, shall be punished by
prision correcional in its minimum and medium periods or a fine ranging from 200 to
6,000 pesos, or both, in addition to the civil action which may be brought by the of-
fended party.
Art. 356. Threatening to Publish and Offer to Present Such Publication for a
Compensation.—The penalty of arresto mayor or a fine from 200 to 2,000 pesos, or both,
shall be imposed upon any person who threatens another to publish a libel concerning
him or the parents, spouse, child, or other members of the family of the latter or upon
anyone who shall offer to prevent the publication of such libel for a compensation or
money consideration.
A lonely seashore, somewhere in the Visayan Sea.

(A. Oposa)
Art. 357. Prohibited Publication of Acts Referred to in the Course of Official Pro-
ceedings.—The penalty of arresto mayor or a fine of 200 to 2,000 pesos, or both, shall be
imposed upon any reporter, editor or manager of a newspaper, daily or magazine, who
shall publish facts connected with the private life of another and offensive to the honor,
virtue and reputation of said person, even though said publication be made in connec-
tion with or under the pretext that it is necessary in the narration of any judicial or
administrative proceedings wherein such facts have been mentioned.
Art. 358. Slander.—Oral defamation shall be punished by arresto mayor in its
maximum period to prision correcional in its minimum period if it is of a serious and
1267
MISCELLANEOUS LAWS
insulting nature; otherwise, the penalty shall be arresto mayor or a fine not exceeding
200 pesos.
Art. 359. Slander by Deed.—The penalty of arresto mayor in its maximum pe-
riod to prision correctional in its minimum period or a fine ranging from 200 to 1,000
pesos shall be imposed upon any person who shall perform any act not included and
punished in this title, which shall cast dishonor, discredit or contempt upon another
person. If said act is not of a serious nature, the penalty shall be arresto mayor or a fine
not exceeding 200 pesos.
SEC. 2. General Provisions.—
Art. 360. Persons Responsible.—Any person who shall publish, exhibit, or cause
the publication or exhibition of any defamation in writing or by similar means, shall be
responsible for the same.
The author or editor of a book or pamphlet, or the editor or business manager of a
daily newspaper, magazine or serial publication shall be responsible for the defamation
contained therein to the same extent as if he were the author thereof.
The criminal and civil action for damages in cases of written defamation as pro-
vided for in this chapter, shall be filed simultaneously or separately with the court of
first instance of the province or city where the libelous article is printed and first pub-
lished or where any of the offended parties actually resides at the time of the commis-
sion of the offense: Provided, however, That where one of the offended parties is a public
officer whose office is in the city of Manila, or of the city or province where the libelous
article is printed and first published, and in case such public officer does not hold office
in the City of Manila, the action shall be filed in the Court of First Instance of the prov-
ince or city where he held office at the time of the commission of the offense or where
the libelous article is printed and first published and in case one of the offended parties
is a private individual, the action shall be filed in the Court of First Instance of the
province or city where he actually resides at the time of the commission of the offense or
where the libelous matter is printed and first published: Provided further, That the civil
action shall be filed and vice versa: Provided, furthermore, That the court where the
criminal action or civil action or civil action for damages is first filed, shall acquire ju-
risdiction to the exclusion of other courts: And Provided, finally, That this amendment
shall not apply to cases of written defamations, the civil and/or criminal actions to
which have been filed in court at the time of the effectivity of this law.
Preliminary investigation of criminal action for written defamations as provided
for in the chapter shall be conducted by the provincial or city fiscal of the province or
city, or by the municipal court of the city or capital of the province where such action
may be instituted in accordance with the provisions of this article.
No criminal action for defamation which consists in the imputation of a crime
which cannot be prosecuted de oficio shall be brought except at the instance of and upon
complaint expressly filed by the offended party. (As amended by Republic Act No. 1289,
approved June 15,1955, Republic Act No. 4363, approved June 19, 1965)
1268
RULES OF COURT
The other provisions of Republic Act No. 4363, approved June 19, 1965 are as fol-
lows:
SEC. 2. If any section or sections of this Act shall be declared unconstitutional
or invalid shall not invalidate the other sections hereof.
SEC. 3. This Act shall take effect only if and when, within thirty days from its
approval, the newspapermen in the Philippines shall organize, and elect the members
of the Philippine Press Council, a private agency of the said newspapermen, whose
function shall be to promulgate a Code of Ethics for them and the Philippines press,
investigate violations thereof, and censure any newspaperman or newspaper guilty of
any violation of the said Code, and the fact that such Philippine Press Council has been
organized and its members have been duly elected in accordance herewith shall be as-
certained and proclaimed by the President of the Philippines.
Art. 361. Proof of the Truth.—In every criminal prosecution for libel, the truth
may be given in evidence to the court and if it appears that the matter charged a libel-
ous is true, and, moreover, that it was published with good motives and for justifiable
ends, the defendants shall be acquitted.
Proof of the truth of an imputation of an act omission not constituting a crime
shall not be admitted unless the imputation shall have been made against government
employees with respect to facts related to the discharge of their official duties.
In such cases if the defendant proves the truth of the imputation made by him, he
shall be acquitted.
Art. 362. Libelous Remarks.—Libelous remarks or comments connected with the
matter privileged under the provisions of Article 354, if made with malice, shall not
exempt the author thereof nor the editor or managing editor of a newspaper from crimi-
nal liability.
Privileged Communication
A report made in line with a legal (or social or moral) duty is privileged and pro-
tected communication. A communication made to persons who have the duty to act on it
is not equivalent to publication, an essential element of libel.
Facts: Petitioner Dr. Merle Alonzo was the Field Operations Officer of the Philip-
pine Medical Care Commission (PMCC) for Region 11 tasked to inspect Medicare-
accredited clinics in Davao. Among the clinics she inspected were the Sto. Nino Medical
Clinic and Our Lady of Fatima Medical Clinic both owned by private respondent Dr. An-
geles Velasco who is married to Judge Dan Velasco. Dr. Alonzo found irregularities in the
clinics and reported them to the He-ad Office with an unfavorable recommendation.
In one of her reports, the petitioner remarked that,
“In all, this particular clinic should be closely monitored because, aside from the
above mentioned violations, the husband is a judge and it gives them a certain amount
of ‘untouchability.’ In fact, they make court suits their pasttime.”
1269
MISCELLANEOUS LAWS
Finding this to be libelous, Dr. Velasco and her husband Judge Dan Velasco filed a
complaint for libel against the petitioner in the RTC of Davao City. The trial court
found the petitioner guilty. The Court of Appeals affirmed.
Issue: Was the report and the statement made by Dr. Alonzo libelous?
Held: No. Article 353 of the Revised Penal Code defines libel as:
“Art. 353. Definition of libel.—A libel is a public and malicious imputation of a crime, or
of a vice or defect, real or imaginary, or any act or omission, condition, status, or circumstance
tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken
the memory of one who is dead.”
Under the general rule laid down in Article 354, RPC, every defamatory imputa-
tion is presumed to be malicious, even if it be true, if no good intention and justifiable
motive for making it is shown. However, the presumption does not apply under the
following exceptions in Article 354:
“(1) A private communication made by any person to another in the performance
of any legal, moral or social duty; and
(2) A fair and true report, made in good faith, without any comments or re-
marks, of any judicial, legislative or other official proceedings which are not of confiden-
tial nature, or of any statement, report or speech delivered in said proceedings, or of any
other act performed by public officers in the exercise of their functions.”
There can be no doubt that the petitioner made her report in the exercise of her of-
ficial duty or function. She rendered it in due course to her superiors who dutifully
acted on it by filing the appropriate complaint against Dr. Velasco. The report falls
within the first paragraph of Article 354 because it was made in the course of perform-
ing a legal duty. “Consequently, the presumption of malice was negated by the privi-
leged character of the report. The privilege may only be lost by proof of malice in fact. It
is, nevertheless, settled that (a) privileged communication should not be subjected to
microscopic examination to discover grounds of malice or falsity. Such excessive scru-
tiny would defeat the protection which the law throws over privileged communications.
The ultimate test is that of bona fides. (US v. Bustos 37 Phil. 731).”
Moreover, the Court. said that there was no “publication” of the questioned report.
“A communication made by a public officer in the discharge of his official duties to an-
other or to a body of officers having a duty to perform with respect to the subject matter
of the communication does not amount to a publication within the meaning of the law
on defamation.” Thus, lacking this essential element of publication, the act committed
by Dr. Alonzo cannot be considered libelous squarely under the term libel as defined by
law.
Alonzo v. CA
241 SCRA 5 1, February 1, 1995
1270
RULES OF COURT
Truth as Defense
Truth of the allegations against a public official is a defense in libel.
Facts: Petitioner Vasquez was the spokesperson of 37 families living in Tondo

Foreshore Area who aired their grievances against Barangay Chairman Jaime Olmedo
before then-NHA Gen. Mgr. Lito Atienza. His public appeal was covered by the press
and subsequently issued in the newspaper Ang Tinig ng Masa. Among the statements
made by Vasquez against Olmedo were allegations against landgrabbing, illegal gam-
bling and theft of fighting cocks. Olmedo sued Vasquez for libel. The RTC convicted
Vasquez saying that he “failed to prove the truth of the charges and that he was moti-
vated by vengeance in uttering the defamatory statement.”
Issue: Is Vasquez guilty of libel?
Held: No. The elements of libel under Article 353 of the Revised Penal Code are:
a) Allegation of a discreditable act or condition concerning another; b) Publication of the
charge; c) Identity of the person defamed; and d) Existence of malice.
In this case, the first three elements are present. With regard to the fourth, how-
ever, under Article 361 of the Revised Penal Code if the defamatory statement is made
against a public official with respect to the discharge of his official duties and functions,
the accused is entitled to an acquittal if he is able to prove the truth of his allegations.
“Art. 361.
“Proof of the truth of an imputation of an act or omission not constituting a crime
shall not be admitted unless the imputation shall have been made against Government
employees with respect to facts related to the discharge of their official duties.”
“In such cases if the defendant proves the truth of the imputation made by him, he
shall be acquitted.”
Thus, the question in this case is not whether Vasquez acted with or without mal-
ice, but instead whether his imputations against Olmeda are true. The Court said that
the petitioner was able to prove the truth of his charges. thus meriting his acquittal.
In effect, Article 361 is an exception to the general rule on libel cases. The Court
reasoned that this is based on the Constitutional right to freedom of expression and the
civic duty of a person to it that “public duty is discharged faithfully and well by those on
whom such duty is incumbent The recognition of this right and duty of every citizen in a
democracy is inconsistent with any requirement placing on him the burden of proving
the he acted with good motives and for justifiable ends.”
Vasquez v. CA, RTC Branch 40 and Pp

GR. No. 118971, September 15, 1999
1271
MISCELLANEOUS LAWS
Defenses in Libel
Concerned citizens are usually hesitant to write a letter-complaint for fear of re-
prisal such as being sued for libel. To strengthen the hand of the concerned citizen, he
must understand the “legal implications” of his letter.
It must be remembered that a letter-report done in the performance of a moral, le-
gal or social duty, especially to a person required by law to take action on the report, is
known as a privileged communication. It is one of the specific exceptions of the law on
libel. In other words, if a person writes to, say, the mayor or the DENR to complain that
a certain factory or person is polluting the river, he is presumed to be doing so pursuant
to his/her legal and moral duty as a concerned citizen. As such, the letter is privileged
communication. Anything mentioned there which may be derogatory to a person or
entity cannot be the bases for a libel suit against the letter writer.
It becomes even stronger as a defense if there is a finding of truth or even a color
of truth. Thus, where subsequent findings by the Environment Department that the
water around the area was in fact polluted, the case for libel (or even for civil damages)
collapses altogether. There is, of course, a presumption that the act of writing the letter
is not malicious and is done in good faith and in response to asocial and moral obliga-
tion to protect the general environmental welfare.
Guidelines in Administrative Rule-Making
Delegation of Legislative Powers
With the proliferation of specialized activities and their attendant problems, the
national legislature has found it more necessary to entrust to administrative agencies
the “power of subordinate legislation,” as it is called.
With this power, administrative bodies may implement the broad policies laid
down in a statute by “filling in” the details which Congress may not have the opportu-
nity or competence to provide. This is effected by their promulgation of what are known
as supplementary regulations, such as the implementing rules issued by the Depart-
ment of Labor on the Labor Code.
These regulations have the force and effect of law. (Isagani A. Cruz, Philippine Po-
litical Law, pp. 95-96)
Tests of Delegation
There are two tests used to determine whether the delegation of legislative powers
is valid or not. These are the: (1) completeness test, and (2) sufficient standard test.
The Completeness Test
1272
RULES OF COURT
Ideally, the law must be complete in all its essential terms and conditions when it
leaves the legislature so that there will be nothing left for the delegate to do when it
reaches him except to enforce it. If there are gaps in the law that will prevent its en-
forcement unless they are first filled, the delegate will then have been given the oppor-
tunity to step into the shoes of the legislature and to exercise a discretion essentially
legislative in order to repair the omissions. This is invalid delegation.
The Sufficient Standard Test
Even if the law does not spell out in detail the limits of the delegate’s authority, it
may still be sustained if the delegation of legislative power is made subject to a suffi-
cient standard. A sufficient standard is intended to map out the boundaries of the dele-
gate’s authority by defining the legislative policy and indicating the circumstances un-
der which it is to be pursued and effected. The purpose of the sufficient standard is to
prevent a total transference of legislative power from the lawmaking body to the dele-
gate (Isagani A. Cruz, Philippine Political Law, pp. 96-98) putting it into effect. Corol-
lary to this is that administrative regulations cannot extend the law and amend a legis-
lative enactment, for settled is the rule that administrative regulations must be in
harmony with the provisions of the law. And in case there is a discrepancy between the
basic law and an implementing rule or regulation, it is the former that prevails. (Land
Bank of the Philippines v. CA, G. R. Nos. 118712 and 118745, October 6, 1995)
The authority of the Minister of Finance (now the Secretary of Finance), in con-
junction with the Commissioner of Internal Revenue, to promulgate all needful rules
and regulations for the effective enforcement of internal revenue laws cannot be contro-
verted. Neither can it be disputed that such rules and regulations, as well as adminis-
trative opinions and rulings, ordinarily should deserve weight and respect by the courts.
Much more fundamental than either of the above, however, is that all such issuances
must not override, but must remain consistent and in harmony with, the law they seek
to apply and implement. Administrative rules and regulations are intended to carry out,
neither to supplant nor to modify the law. (CIR v. CA, G. R. No. 108358, January
20,1995.)
The power vested in the Civil Service Commission was to implement the law or
put it into effect, not to add to it; to carry the law into effect or execution, not to supply
perceived omissions in it. “By its administrative regulations, of course, the law itself
cannot be extended; said regulations “cannot amend an act of Congress.” (Teoxon v.
Members of the Board of Administrators, Philippine Veterans Administration, 33 SCRA
585, 589 [1970], citing Santos v. Estenzo, 109 Phil. 419 1960]; see also, Animos v. Phil-
ippine Veterans Affairs Office, 109 SCRA 214, 223-224 [1989] in turn citing Teoxon).
(Toledo v. CSC, G. R. Nos. 92646-47, October 4, 1991.)
The lawmaking body cannot delegate to an executive official the power to declare
what acts should constitute a criminal offense. It can authorize the issuance of regula-
tions and the imposition of the penalty provided for in the law itself. (People v. Exconde,
101 Phil. 1125, citing 11 Am. Jur. 965 on p. 1132). (People v. Maceren, G. R. No. L-
32166. October 18,1977.)
1273
MISCELLANEOUS LAWS
Procedural Requirements for the Issuance of

Administrative Regulations
(Rule on Validity of Administrative Orders)
Book VII, Chapter 2, sec. 3 and 4 of the Administrative Code of 1987 stipulates
that such policies need to be filed with the ONAR and published in a newspaper of gen-
eral circulation or in the Official Gazette.
There are at least two Supreme Court decisions which have considered the effect of
an administrative order in relation to its filing in the ONAR: Philippine Association of
Service Exporters, Inc. v. Torres, 212 SCRA 298 (1992) and Republic of the Philippines v.
Express Telecommunications Co., Inc., 373 SCRA 316 (2002).
Philippine Association of Service Exporters, Inc. v. Torres held that certain admin-
istrative issuances were “legally invalid, defective and unenforceable for lack of proper
publication and filing in the Office of the National Administrative Register” and “[f]or
lack of proper publication, the administrative circulars in question may not be enforced
and implemented” (212 SCRA at 305, 306 (1992)).
On the other hand, Republic of the Philippines v. Express Telecommunications Co.,
Inc. stated that “[t]here is nothing in the Administrative Code of 1987 which implies
that the filing of the rules with the UP Law Center is the operative act that gives the
rules force and effect” [373 SCRA at 335, 336 (2002)].
——o0o——
1274
SUBJECT INDEX
Abandoned, underdeveloped or underutilized fishponds, Reversion of, p. 554

Absentee fishpond lease agreement holders, p. 555
Academic Research Agreements, pp. 206, 207
Accelerated depreciation, p. 609
Access to natural resources and the exclusive economic zone, p. 1086
Accidental spills, p. 28
Accretion as a mode of acquiring property, p. 581
Accretion, pp. 581, 582
Acetanilid, p. 1123
Acetophenetidin, p. 1123
Acquisition and distribution of all agricultural lands, p. 288
Acquisition of waterworks, p. 717
Act reducing the Excise Tax Rates on Metallic and Nonmetallic Minerals and Quarry
Resources (2 June 1994), p. 351
Act to Control Toxic Substances and Hazardous and Nuclear Wastes (26 October 1990),
p. 383
Action for replevin against conveyance pending administrative confiscation proceedings,
p. 161
Actionable acts contrary to good customs, p. 75
Active fishing gear, p. 540
Active Ingredient, p. 1131
Active mining area, p. 324
Actual or compensatory damages, pp. 79, 80
Actual tillers or occupants of public lands, p. 296
Administrative Code of 1987, p. 1252
Administrative complaints, p. 1207
Administrative Orders, p. 2
Administrative orders, rule on validity of, p. 1252
Admissibility, objections to, p. 1237
Admission by adverse party, p. 1242
Adulterated cosmetics, p. 1126
Adulterated drugs and devices, p. 1121
Adulterated food, p. 1117
1275
SUBJECT-INDEX
Adverse effects of energy development on the environment, p. 25

Advertisement, p. 1148
Advertiser, p. 1148
Advertising, p. 1148
Affidavit of undertaking, p. 1229
Affidavit-Complaint for Violation of the Solid Waste Management Act, p. 1220
Affordable cost, p. 874
Agrarian dispute, p. 285
Agrarian reform communities (ARCs), pp. 224, 229
Agrarian Reform Credit and Financing System for Agrarian Reform Beneficiaries
through Banking Institutions [P.D. No. 717 (29 May 1975)], p. 258
Agrarian Reform Fund, p. 307
Agrarian reform, definition of, p. 285
Agrarian Reform, ecological considerations in, p. 14
Agreements and permits involving forest resources in private lands, p. 320
Agribusiness Development Group, functions of, p. 260
Agricultural inactivity and premature conversion, p. 230
Agricultural land use conversion, p. 224
Agricultural land, pp. 224, 285, 993, 995
Agricultural lands, acquisition and distribution of all, p. 288
Agricultural lessees and share tenants, p. 296
Agricultural machinery and other agricultural mechanization technologies, p. 241
Agricultural mechanization, p. 224
Agricultural sector, p. 224
Agricultural waste, p. 792
Agriculture and Fisheries Board, creation of, p. 244
Agriculture and Fisheries Credit Guarantee Fund, p. 236
Agriculture and fisheries extension services, p. 247
Agriculture and Fisheries Modernization Act of 1997, p. 221
Agriculture and Fisheries Modernization Plan (AFMP), p. 231
Agriculture and fisheries modernization, p. 224
Agriculture graduates, p. 303
Agriculture, agricultural enterprise, or agricultural activity, meaning of, p. 285
Agro-climatic and environmental conditions, p. 229
Agro-forestry projects, p. 1008
Agro-forestry, pp. 135, 147, 148, 149
Agro-Industry Modernization Credit and Financing Program (AMCFP), pp. 234, 253
Agro-processing activities, p. 224
Aids to navigation, interference with, p. 600
Air pollutant, p. 482
Air Pollution Research and Development Program, p. 491
Air pollution, p. 482
Air Quality Control Action Plan, p. 486
1276
SUBJECT-INDEX
Air quality control techniques, p. 488

Air Quality Framework, p. 498
Air Quality Management Fund, p. 491
Air Quality Management System, p. 485
Aircraft sanitation, pp. 858, 860
Airport sanitation, p. 858
Airsheds, p. 487
Aldrin, p. 1084
Alienable and disposable land resources, p. 1047
Alienable or disposable lands, pp. 133, 257
Allocation/Tenure instruments in production forest lands, p. 317
Alluvial land, p. 581
Almaciga, p. 179
Alpha-eucaine, p. 1122
Alternative Fuel Vehicles/Engines, p. 392
Alternative health care modalities, p. 1141
Ambient air quality guideline values and standards, pp. 483, 488
Ambient air quality, pp. 28, 483, 804
Ambulant food vendors, p. 846
American National Standards institute (ANSI) SI. 4-1971, p. 517
Amidopyrine, p. 1123
Anadromous species, pp. 542, 570
Ancestral domain rights, recognition of, p. 937
Ancestral domain, rights to, p. 935
Ancestral domains fund, p. 953
Ancestral domains managed by other government agencies, turnover of areas within, p.
949
Ancestral Domains Office, pp. 948, 950
Ancestral domains, delineation and recognition of, p. 946
Ancestral domains, environmental considerations for, p. 951
Ancestral domains, natural resources within, p. 950
Ancestral domains, p. 933
Ancestral domains, resolution of conflicts in, p. 951
Ancestral domains, rights to, p. 935
Ancestral domains/claims, recognition of, pp. 14, 317, 318
Ancestral lands and rights over them, p. 118
Ancestral lands, identification, delineation and certification of, p. 949
Ancestral lands, pp. 290, 325, 331, 933
Ancestral lands, rights to, p. 936
Ancestral lands/domains, composition of, p. 935
Ancestral lands/domains, concept of, p. 935
Ancillary industries, p. 536
Animal Welfare Act (Republic Act 8485), p. 271
1277
SUBJECT-INDEX
Annual allowable cut or harvest of any particular forest land under a license
agreement, license, lease or permit, p. 143
Annual allowable cut, p. 136
Anthropogenic carbon dioxide, p. 1083
Anthropological area, p. 904
Anti-Electricity and Electric Transmission Lines/Materials Pilferage Act of 1994, p. 416
Anti-Fencing Law, pp. 1163, 1164, 1170
Anti-Graft and Corrupt Practices Act, p. 1185
Anti-pilferage, p. 747
Antipyrine, p. 1123
Antiques, p. 904
Anti-smoking law, p. 1147
Anti-trust safeguards, p. 409
Apartment house, p. 857
Application for search warrant, p. 1231
Appropriate fishing technology, p. 536
Aquaculture, pp. 536, 538, 552
Aquatic life, p. 626
Aquatic pollution, pp. 537, 569
Aquatic resources, p. 537
Aquifer, pp. 626, 823
Arbitrary detention and delay in the delivery of prisoners, p. 1174
Archaeological site, p. 904
Area Water Quality Management Fund, pp. 634, 641
Areas for priority development, p. 874
Areas for priority development, zonal improvement program sites, and slum
improvement and resettlement programs sites, p. 882
Areas impacted by public facilities, p. 29
Areas needed for forest purpose, p. 141
Areas of critical environmental concern, p. 29
Arithmetic mean, p. 489
Army and Navy Club, Inc., p. 929
Arrest without warrant, p. 588
Arsenic, p. 1123
Artifacts, p. 904
Artificial reefs, p. 537
ASEAN Agreement on the Conservation of Nature and Natural Resources (July 9, 1985,
Kuala Lumpur), p. 1093
ASEAN Free Trade Agreement (AFTA), p. 392
Atmospheric, Geophysical and Astronomical Science Act of 1972, p. 511
Atomic absorption spectrophotometry, p. 492
Atropine, p. 1123
Automatic oil pricing mechanism, p. 412
1278
SUBJECT-INDEX
Autonomous Region of Muslim Mindanao (ARMM), p. 4

Autonomous regions, support for, p. 938
Autopsy and dissection of remains, p. 868
Auxiliary mining rights, p. 348
Award ceilings for beneficiaries (CARP), p. 296
B
Bacitracin, p. 1126
Bacon-Manito Geothermal Reservation, pp. 401, 402
Bactericidal treatment, p. 842
Baguio City, p. 955
Bakeries, p. 845
Balanced housing development, p. 880
Bank mortgages, p. 310
Banks, p. 224
Barangay Agrarian Reform Committee (BARC), functions of, p. 304
Barangay Waterworks and Sanitation Association, p. 750
Barasoain church in Malolos, Bulacan, p. 925
Barbituric acid, p. 1122
Baroque Churches of the Philippines (1993), p. 1091
Basel Convention on the Control of Trans-boundary Movements of Hazardous Wastes
and Their Disposal, p. 1095
Basel Convention, p. 404
Basic needs approach to development, p. 225
Basic needs program to create employment and cushion the effect of liberalization, pp.
250, 252
Bataan Nuclear Power Plant (BNPP), p. 403
Bel-Air Village Association, Inc., p. 1021
Beneficial use, p. 626
Beneficiaries (CARP), payment of compensation by, p. 295
Beta-eucaine, p. 1122
Bicameral Conference Committee, p. 2
Bill of Rights, p. 173
Bioaccumulation, p. 1084
Bioconversion to fuels, p. 388
Biodiesel, p. 392
Biodiversity, pp. 1044, 1047
Bioethanol fuel, p. 392
Biofuel, p. 392
Biofuels Act of 2006, p. 391
Biogas, p. 388
Bio-geographic zones, p. 1041
1279
SUBJECT-INDEX
Bio-geographical equity and community-based resource management, p. 1042

Biological agents, p. 865
Biological pollutants, p. 865
Biomass, pp. 388, 393
Biomedicine, p. 1141
Bioprospecting (Commercial Research Agreements), pp. 190, 320
Biosphere, p. 1089
Blast fishing, evidence of, p. 590
Blast or dynamite fishing, pp. 582, 588, 1167
Blighted lands, p. 874
Block or meridional block, pp. 331, 336
Board of Food and Drug Inspection, p. 1113
Board of Investments, pp. 149, 404, 1048
Board of Marine Inquiry, p. 600
Boarding house, p. 857
Boracay, p. 620
Brain drain phenomenon, p. 1040
Brand Name, p. 1132
Breakup of families, p. 1041
Breeders, spawners, eggs or fry, exportation of, p. 569
Bromal, p. 1122
Bromides, p. 1123
Buffer zones, pp. 112, 115
Build-and-transfer scheme, meaning of, p. 1050
Building Code, environment related provisions of (Presidential Decree No. 1096), p. 898
Building site occupancy, measurement of, p. 899
Building site occupancy, percentage of, p. 899
Building, air space requirements in determining the size of room of, p. 899
Building, artificial ventilation of, p. 900
Building, ceiling heights of, p. 899
Building, noise pollution control of, p. 902
Building, pest and vermin control of, p. 901
Building, pipe materials of, p. 902
Building, size and dimensions of rooms of, p. 899
Building, storm drainage system of, p. 901
Building, vent shafts of, p. 900
Building, ventilation skylights, p. 900
Building, wastewater disposal system of, p. 901
Building, water supply system of, p. 901
Building, window openings of, p. 900
Build-operate-and-transfer contract termination and adjustment, p. 1051
Build-operate-and-transfer law, implementing rules of, p. 1052
Build-Operate-and-Transfer Law, p. 1110
1280
SUBJECT-INDEX
Build-operate-and-transfer repayment scheme, p. 1051

Build-operate-and-transfer scheme, eligible types of projects, p. 1053
Build-operate-and-transfer scheme, meaning of, p. 1049
Bulk-handling and storage facilities, installation of, p. 240
Bulky wastes, p. 792
Bureau of Agriculture and Fisheries Product Standards (BAFPS), powers and functions
of, p. 241
Bureau of Ecosystems Research, pp. 4, 61, 66
Bureau of Environmental Management, pp. 4, 5, 46, 47, 48, 49, 50, 885
Bureau of Fisheries and Aquatic Resources (BFAR), pp. 309, 558
Bureau of Forest Management, pp. 4, 61, 63, 136
Bureau of Land Management, pp. 4, 61, 63
Bureau of Lands, p. 891
Bureau of Mines and Geosciences, pp. 4, 61, 64
Bureau of Product Standards, p. 1161
Bureau of Quarantine, p. 866
Bureau of Soils and Water Management (BSWM), p. 229
Bureau of Trade Regulations and Consumer Protection, p. 1161
Burial ground requirements, p. 866
Burial ground, p. 865
Burial requirements, p. 866
Burial, p. 866
Burying of biodegradable or non-biodegradable materials in flood-prone areas, p. 823
Business and industry role in environmental management, p. 639
Buy-back centers for recyclables and toxics, pp. 792, 813
Cabromal, p. 1122
Cadastral and emancipation patent surveys, p. 59
Cadastral survey, pp. 1010, 1015
Cadavers containing radioactive isotopes, safe handling of, p. 869
Caloocan, p. 1022
Camps and picnic grounds, p. 854
Camps and picnic houses, p. 854
Camps and picnic houses, sewage disposal of, p. 854
Cannabis, p. 1122
Captive water, p. 24
Carabaos, regulating the slaughter of, p. 274
Carbon dioxide, p. 1084
Cargo handling equipment, p. 608
Carrying capacity, p. 331
Cartelization, p. 408
1281
SUBJECT-INDEX
Catadromous species, pp. 542, 570

Catch ceiling limitations, p. 545
Catch ceilings, pp. 537, 569, 587
Cave resources, p. 129
Caves, development and management of , p. 320
Caves, p. 129
Cease and desist order, ex-parte, p. 1060
Cease and desist orders (CDOs), pp. 44, 685, 1010, 1014
Certificate of accreditation of the Pollution Control Officer, p. 1058
Certificate of Ancestral Domain Claim (CADC), p. 318
Certificate of Ancestral Domain Claim-Community-Based Forest Management
Agreement (CADC-CBFMA), p. 317
Certificate of ancestral domain title, pp. 937, 947, 949
Certificate of Conformance, p. 717
Certificate of Conformity (COC), pp. 483, 497
Certificate of Public Convenience, p. 608
Certificate of Stewardship Contract (CSC), p. 317
Certiorari, p. 306
Chainsaw Act of 2002 (Republic Act 9175), p. 183
Chainsaw dealer, meaning of, p. 183
Chainsaw, meaning of , p. 183
Change of crops, p. 309
Charles River of Boston, p. 617
Chemical mixture, p. 51
Chemical Name, p. 1132
Chemical substance, p. 51
Chemicals Subject to Testing, p. 54
Chemicals, p. 865
Children and youth, p. 1045
Chloral, p. 1122
Chloramphenicol, p. 1126
Chloroform, p. 1123
Chlortetracycline, p. 1126
Chocolate Hills - Bohol, p. 1048
Chordane, p. 1084
Christie's auction house in New York, p. 929
Cigarette, p. 1148
Citizen suits, pp. 179, 503, 508, 824, 1215, 1218
Citizen’s arrest, p. 1228
Citizen’s suits, procedure for the filing of, p. 1218
Citizen’s suits, purpose of, p. 1218
City mayor, powers, duties, and compensation of, p. 1004
City or Municipal Waste Management Board, p. 802
1282
SUBJECT-INDEX
Civil Code of Spain, p. 662

Civil Code of the Philippines on basement of light and view, p. 898
Civil Code of the Philippines, p. 504
Civil Code Provisions on Environment (Republic Act 386), p. 73
Civil Code provisions on waters, p. 665
Civil society, pp. 627, 1041
Claim owner, p. 324
Clean Air Act (RA 8749), pp. 2, 18, 179, 508, 509
Clean Water Act, pp. 18, 20, 624, 646
Cleaner production, p. 627
Clean-up operations, pp. 28, 627, 636
Climate change convention (Kyoto Protocol), p. 1083
Closed season, pp. 537, 545, 568, 587
Closure procedure, p. 817
Coal-Tar Color for Food, p. 1121
Coast Guard jurisdiction, p. 601
Coast Guard Law, p. 596
Coast Guard objectives, p. 596
Coastal and marine ecosystem, pp. 1044, 1047
Coastal and marine waters criteria, pp. 692, 695
Coastal area/zone, p. 537
Coastal Environment Program (CEP), p. 317
Coastal Water, p. 700
Coastal/marine zone, p. 124
Coca, p. 1122
Cocaine, p. 1122
Coconut tree, definition of, p. 268
Coconut trees, regulating the cutting of, p. 268
Code of Conduct and Ethical Standards for Public Officials and Employees, p. 1194
Code of practice for aquaculture, p. 554
Code on Sanitation of the Philippines, p. 833
Codeine, p. 1122
Coliform bacteria, p. 621
Collection and breeding of wildlife, p. 320
Collection and removal of guano and other cave resources, p. 320
Collection equipment, p. 1053
Collectives or cooperatives of the above beneficiaries, p. 296
Collector, p. 904
Color code and radio frequency, p. 552
Co-management of certain forest areas, p. 319
Commercial farms, p. 290
Commercial fisheries, p. 549
Commercial Fishing Boat Licenses (CFBL), p. 544
1283
SUBJECT-INDEX
Commercial fishing vessel license and other licenses, p. 549

Commercial fishing vessel license, persons eligible for, p. 550
Commercial fishing vessel registration, p. 550
Commercial fishing, pp. 537, 586
Commercial forest, p. 1008
Commercial land, p. 993
Commercial logging, p. 122
Commercial research agreements, p. 206
Commercial sand and gravel permit, p. 344
Commercial scale, p. 537
Commercial/Academic Collector, violations of, p. 207
Commitment to democracy, p. 1196
Commitment to public interest, p. 1195
Committee on Animal Welfare, p. 272
Commodity treatment, p. 277
Common but differentiated responsibilities, p. 1074
Common concern, p. 1074
Common heritage of humankind, p. 107
Common heritage of mankind, p. 1087
Commonwealth Act No. 141, p. 937
Communal forest, pp. 319, 1010
Communal forests, p. 1008
Communal Irrigation System (CIS), pp. 225, 237, 752
Communication of research results and research-extension linkage, p. 247
Community Based Forest Management (Executive Order No. 263), p. 314
Community Based Forest Management Agreement (CBFMA), p. 317
Community empowerment initiatives, devolution, and decentralization, p. 1041
Community Environment and Natural Resources Officer, p. 1011
Community Forestry Program (CFP), pp. 318, 1011
Community Mortgage Program, definition of, pp. 884, 887
Community mortgage program, organization of beneficiaries of, p. 885
Community right to know, principle, p. 8
Community watershed areas, p. 319
Community-based forestry project, p. 1011
Compact or contiguous, p. 287
Competitive advantage, p. 225
Complaint for the Violation of the Clean Air Act For Mobile Sources, p. 1222
Complaint for the Violation of the Clean Air Act For Stationary Sources, (Factories and
other Commercial Establishments), p. 1223
Complaint/information, p. 1172
Complaint-Affidavit, p. 1217
Complementary List, p. 1132
Completeness test, p. 1251
1284
SUBJECT-INDEX
Compliance monitoring protocols, p. 1061

Compost quality, p. 815
Compostable, p. 812
Composting plants, p. 1053
Composting programs, p. 810
Composting, pp. 792, 815
Composts, inventory of markets for, p. 815
Comprehensive Agrarian Reform Law, p. 876
Comprehensive Agrarian Reform Program (Republic Act 6657), pp. 283, 751
Comprehensive Agrarian Reform Program, coverage of, p. 286
Comprehensive Agricultural Loan Fund (CALF), p. 234
Comprehensive Fishery Research and Development Program, p. 558
Comprehensive Land Use Plan, pp, 1003, 1104, 1007
Comprehensive National Energy Program, p. 389
Comprehensive National Fisheries Industry Development Plan, p. 558
Compressed natural gas (CNG), p. 425
Compulsory easements for drawing water or for watering animals, p. 90
Compulsory insurance coverage, p. 612
Concentration, p. 1057
Conditional Certificate of Conformance, p. 717
Condominium, p. 857
Condominiums, special provisions on, p. 858
Confession, p. 1226
Congressional Commission on Agricultural Modernization (AGRICOM), p. 255
Congressional Oversight Committee on Agricultural and Fisheries Modernization, p.
254
Consensus building, p. 1043
Consented warrantless search, p. 1227
Conservation and Protection of Wildlife Resources (Republic Act 9147), p. 186
Conservation and protection of wildlife, p. 22
Conservation of the vegetation cover and forest resources, p. 1094
Constitution, p. 5
Constitutional provisions on International Law, p. 1072
Construction and operation of fish corrals/traps, fish pens, and fish cages without
permit, p. 585
Consumer electronics, p. 792
Contamination, p. 627
Contempt of court, p. 1245
Contiguous zone, p. 331
Contract area, pp. 326, 331
Contract reforestation, p. 1011
Contributory negligence, p. 86
Controlled dump, pp. 792, 816
1285
SUBJECT-INDEX
Convention on Biological Diversity, (June 5, 1992, Rio de Janeiro), p. 1093

Convention on Biological Diversity, p. 204
Convention on civil liability for nuclear damage, (May 21, 1963, Vienna), p. 1098
Convention on civil liability for nuclear damage, dispute settlement, p. 1099
Convention on civil liability for nuclear damage, jurisdiction of, p. 1098
Convention on civil liability for nuclear damage, limitation of liability, p. 1098
Convention on civil liability for nuclear damage, objectives of, p. 1098
Convention on International Trade in Endangered Species of Wild Fauna and Flora, p.
1091
Convention on International Trade of Endangered Species (CITES), p. 576
Convention on the Conservation of Migratory Species of Wild Animals (June 23, 1979,
Bonn), p. 1092
Convention on the Elimination of Discrimination Against Women, p. 939
Conversion into fishpond and prawn farms, pp. 308, 309
Conversion of lands, p. 308
Cooperative or association (CARP), payment of shares of, p. 300
Cooperatives, pp. 225, 286
Co-production agreement (CA), pp. 331, 339
Coral exploitation and exportation, ban on, p. 567
Coral reefs, pp. 34, 537, 538
Corals, exploiting and exporting of, pp. 537, 585
Core List, p. 1132
Core zone, p. 125
Corporate landowners, p. 298
Corrupt practices of public officers, p. 1186
Cosmetic, p. 1116
Countersuits, p. 1226
Court of First Instance, pp. 658, 736
Cover, p. 817
Credit assistance, p. 258
Credit guarantee schemes and funds, rationalization of, p. 235
Credit guarantee, p. 258
Criminal liability of the head of office, p. 1190
Critical Resources, p. 1044
Critical watersheds, pp. 134, 951
Critically endangered species, p. 213
Crop insurance, p. 258
Crude oil, p. 404
Cultural and natural heritage, preservation of, p. 4
Cultural Center of the Philippines, p. 922
Cultural heritage, constitutional provisions on, p. 902
Cultural heritage, pp. 928, 1090
Cultural Properties Preservation and Protection Act (Republic Act 4846), p. 903
1286
SUBJECT-INDEX
Cultural Properties Register of the National Museum, p. 929

Cultural properties, meaning of, p. 929
Cultural properties, p. 903
Cultural trends, p. 1040
Cultural, moral, and spiritual sensitivity, p. 1042
Current and emerging landscape for sustainable development, p. 1040
Custodia legis, p. 1230
Custodial investigation, p. 1175
Custodians, p. 1228
Custody of seized articles, p. 1228
Custom mills, p. 328
Customs search, p. 1227
Cutting cycle, pp. 136, 143
Cutting, gathering, and/or collecting timber or other forest products without license, p.
160
Dairies, p. 845
Damages, recovery of, 81
Dance halls and night clubs, special provisions on, p. 855
Dancing schools, dance halls, and night clubs, p. 854
Dancing schools, special provisions on, p. 855
Dangerous buildings, abatement of, p. 898
Danggit or rabbit fish, p. 620
Dead persons, disposal of, p. 865
Death certificate, p. 866
Declaration of Principles and State Policies, p. 173
De-concentration, p. 1011
Defined migration paths, obstruction of, p. 587
Defined migration paths, p. 570
Deforestation, p. 1041
Delegation of legislative powers, p. 1251
Demand data, p. 238
Demarcated areas, p. 538
Demarcated fishery right, p. 549
Demographic trends, p. 1040
Demolition, moratorium on, p. 887
Demolition, p. 883
Department Administrative Orders (DAO), p. 3
Department of Agriculture (DA), quasi-judicial powers of (CARP), p. 305
Department of Energy Act of 1992, pp. 24, 372
Department of Energy, powers and functions of, pp. 372, 392
1287
SUBJECT-INDEX
Department of Environment and Natural Resources (DENR), pp. 3, 4, 37, 52, 53, 54, 57,
58, 72, 78, 113, 114, 129, 136, 159, 166, 178, 187, 204, 207, 254, 302, 305, 314, 315,
316, 331, 487, 638, 885, 931, 951, 1008
Department of Foreign Affairs, p. 26
Department of Justice (DOJ), p. 896
Department of the Interior and Local Government Act of 1990, p. 604
Depositions may be taken in foreign countries, p. 1237
Depositions pending appeal, p. 1241
Depositions, p. 1236
Deregulation policy, legality of, p. 415
Destructive fishing, p. 1002
Detoxification process, p. 51
Development planning, p. 1023
Device, p. 1116
Devolution, p. 1011
Dieldrin, p. 1084
Diesel, p. 393
Digitalis glucosides mercury, p. 1123
Digitalis, p. 1123
Dipterocarp forest, p. 135
Direct solar energy, p. 388
Directing persons to renounce possession of riverbanks, p. 742
Disaster victims, p. 1045
Discharge fixed fee, volumetric rate of, p. 1062
Discharge permit, approval and issuance of, p. 1058
Discharge permit, disapproval of application for, p. 1059
Discharge permit, effect of disapproval of application or suspension or revocation of, p.
1060
Discharge permit, grounds for suspension/revocation of, p. 1060
Discharge permit, life and general conditions of, p. 1060
Discharge permit, posting of, p. 1060
Discharge permit, processing of application for, p. 1058
Discharge permit, renewal of, p. 1060
Discharge permit, requisites for, p. 1058
Discharge permit, transfer of, p. 1060
Discharge permits, pp. 635, 1057
Discharge, p. 602, 627
Discharging in Philippine waters substances or materials deleterious to fishery aquatic
life, p. 584
Disclosure of Business Interests and Financial Connections, p. 1199
Disclosure of, or access to, information of public concern, not discretionary, p. 11
Disinterment requirements, p. 867
Disinterment, p. 866
1288
SUBJECT-INDEX
Disposal site, p. 792

Distribution box, p. 861
Divestment, p. 1200
Dolphins, pp. 576, 577, 586
Domestic sewage collection, treatment and disposal, p. 632
Domestic ship operator or domestic ship owner, p. 607
Domestic Shipping Development Act of 2004, p. 607
Domestic shipping industry, deregulation of, p, 610
Domestic trade, p. 607
Domestic use, p. 384
Downstream Oil Industry Deregulation Act of 1998, p. 404
Downstream oil industry, liberalization of, p. 405
Drainage, pp. 860, 863
Drinking water, p. 627
Drug Establishment, p. 1132
Drug Outlets, p. 1132
Drug Product, p. 1132
Drug, p. 1115
Drugs containing penicillin, streptomycin, chlortetracycline, chloramphenicol or
bacitracin, certification of, p. 1126
Dugong (Dugong dugon), p. 579
Dumping of wastes that cause rising of riverbeds, p. 744
Dumping, p. 602, 627
Duration of license agreement or license to harvest timber in forest lands, p. 144
Duty not to cause harm, p. 1094
Duty to assess (Environmental Impact Assessment), p. 1074
Dynamite fishing, p. 1002
Earth summit 1992, p. 1040

Earthquakes, p. 24
Easement of aqueduct, p. 91
Easement of drainage and falling waters, p. 93
Easement of flowing waters, p. 90
Easement of light and view, p. 92
Easement of public use, p. 90
Easement of towpath, p. 90
Easement rights, p. 349
Easements on beaches and tree planting, p. 95
Easements on plantings and constructions, pp. 93, 94, 95
Easements zones, pp. 526, 527
Easements. Law on, pp. 89, 621, 662, 663, 664, 666, 667,
1289
SUBJECT-INDEX
EcoGov book, p. 319

Eco-labeling, p. 813
ECO-LIEN, p. 310
Ecological balance, maintenance of, p.990
Ecological balance, p. 885
Ecological profile, p. 331
Ecological Solid Waste Management Act Compliance Matrix, p. 829
Ecological Solid Waste Management Act of 2000, pp. 25, 789, 791, 792, 829
Ecological soundness, p. 1042
Ecological viability, p. 123
Ecology, economics of, p. 1038
Ecology, p. 122
Economic and social council, p. 1079
Economic exploitations, p. 1041
Economic policies, enabling of, p. 1044
Economic scale, p. 225
Economic trends, p. 1040
Economically important species, p. 191
Economically unproductive farm (coconut area), p. 269
Economic-size family farms, formation and maintenance of, p. 284
Economies of scale
Eco-profile, p. 483
Ecosystem approach in lake management, p. 687
Ecosystems research, p. 1016
Ecosystems, p. 1044
Effectivity and application of forest charges and determination of market price of forest
products, p. 159
Efficient use of resources, p. 12
Effluent concentration variable fee, p. 1062
Effluent emissions, p. 818
Effluent regulations, p. 699
Effluent standard for biochemical oxygen demand, p. 1065
Effluent standards pp. 28, 627, 634, 700
Effluent, pp. 627, 635, 700, 862, 1057
Elderly, p. 1045
Electric Power Industry Reform Act of 2001 (EPIRA Law), p. 423
Electric service, disconnection of, p. 419
Electro fishing, pp. 538, 583
Emancipation of tenants, p. 287
Embalmer, p. 866
Embalming, p. 865
Emergency permit control, p. 1120
Emission charge system, p. 490
1290
SUBJECT-INDEX
Emission quotas, p. 491

Emission standards, p. 505
Emission, pp. 28, 483
Emotional environment, p. 849
Employers, liability of, p. 87
Endangered Species, p. 213
Endangered, rare and/or threatened species, p. 539
Endrin, p. 1084
Energy Conservation Officer (ECO), p. 430
Energy Conservation Program (Administrative Order No. 126), p. 429
Energy Development Board, powers and functions of, p. 389
Energy development, measures for, p. 24
Energy development, safety measures on, p. 25
Energy Industry Administration Bureau, p. 376
Energy Planning and Monitoring Bureau, p. 377
Energy plantation, p. 389
Energy projects, p. 372
Energy Regulatory Board (ERB), pp. 380, 418, 422
Energy Resource Development Bureau, p. 375
Energy resources surveys, p. 320
Energy Utilization Management Bureau, p. 376
Ensuring water supply for drinking purposes, p. 752
Environment and Natural Resources Council, p. 1017
Environment and Natural Resources Office, p. 502
Environment and Natural Resources Officer, pp. 1011, 1015
Environment and natural resources officer, qualifications, powers, and duties of, p. 1008
Environment Code (Presidential Decree No. 1152), p. 96
Environment Compliance Certificate, pp. 1011, 1014
Environment trends, p. 1041
Environmental and natural resources, conservation, management, development and
proper use of, p. 3
Environmental and solid waste management related facilities, p. 1053
Environmental assessment sourcebook, (World Bank’s technical papers series 1991-92),
p. 1103
Environmental charge, p. 423
Environmental Compliance Certificate (ECC), pp. 331, 356, 546, 816, 823
Environmental costs, p. 45
Environmental Guarantee Fund {EGF), p. 636
Environmental harm, duty not to cause, p. 1074
Environmental Impact Assessment System Programmatic Compliance with Water
Quality Standards, p. 637
Environmental impact assessment system, p. 1041
Environmental impact assessment, pp. 1074, 1094
1291
SUBJECT-INDEX
Environmental Impact Statements, pp. 17, 29, 30, 118, 308, 318, 331, 546
Environmental impact, pp. 29, 32
Environmental Information of Foreign Origin, p. 26
Environmental Management System (EMS), pp. 627, 638
Environmental management, pp. 627, 1014
Environmental Monitoring and Evaluation System, pp. 122, 126
Environmental protection, p. 424
Environmental quality standards for noise in general areas, p. 517
Environmental rehabilitation, p. 491
Environmental Team of the Ombudsman, p. 1214
Environmental threats, p. 1094
Environmental user fee system in the Laguna de Bay Region, p. 1057
Environmental user fee system, scope of, p. 1057
Environmentally acceptable, p. 793
Environmentally critical areas and projects, p. 32
Environmentally Critical Areas Network (ECAN), p. 123
Environmentally critical areas, pp. 33, 122
Equal right of access to justice, p. 1074
Equitable utilization of shared resources, p. 1074
Equity sharing, p. 156
Erosion control, p. 752
Essential Drugs List, p. 1132
Establishment of boundaries of forest lands, p. 141
Ether, p. 1123
Ethnographic study, p. 114
Eviction, moratorium on, p. 887
Eviction, p. 883
Excessive dust is a nuisance, p. 78
Excise tax on mineral products, p. 352
Exclusive economic zone, pp. 331, 339, 533, 535, 536, 539, 551, 1086
Exclusive sand and gravel permit, p. 344
Excreta disposal facilities (approved), p. 861
Excreta, disposal, p. 860
Executive branch, p. 1
Executive Orders, p. 2
Exemplary or corrective, pp. 79, 81, 82, 84
Exemptions from taxes and fees of land transfers, p. 309
Existing mining right, p. 324
Existing mining/quarrying right, p. 331
Existing mining/quarrying rights, non-impairment of, p. 357
Existing pasture leases in forest lands, p. 140
Exploitation and utilization of mineral resources, p. 25
Exploitation Permits, p. 401
1292
SUBJECT-INDEX
Exploration Permit, terms and conditions of, p. 337

Exploration, p. 332
Export/Import/Re-Export (CITES/Non-CITES Permits and Certifications), p. 320
Exportation of breeders, spawners, eggs, or fry, p. 584
Exportation or importation of fish and fishery products from point of origin to another
place without permit, p. 584
Exportation, p. 277
Extension services, p. 225
Extrajudicial confession, p. 1175
Fair trade practices, p. 406

Farmer, p. 286
Farmer’s and fisherfolk’s organizations or associations, p. 225
Farmer-Fisherfolk Marketing Assistance System, p. 253
Farmers, p. 1045
Farms owned or operated by corporations or other business associations, p. 297
Farm-to-market roads, pp. 225, 240, 539
Farmworker, p. 286
Fatty Acid Methyl Ester (FAME), p. 392
Fecal coliform (bacteria from feces), p. 871
Fecal matter, p. 861
Feedstock, p. 393
Fence, p. 1163
Fencing, pp. 589, 1163
Fencing, presumption of, p. 1164
Fertilizer and Pesticide Authority (FPA), p. 309
Fertilizer and Pesticide Authority, organization of, pp. 262, 263
Fertilizer, pp. 262, 264
Fertilizers and Pesticides (Presidential Decree No. 1144), p. 261
Fertilizers and pesticides, use of, p. 23
Filipino heritage, preservation of, p. 917
Filipino national culture, p. 916
Financial and technical assistance agreement (In Mining), constitutionality of, p. 359
Financial assistance/grant for the study, design, and construction of environmental
protection facilities, p. 27
Financial Intermediary for the CARP, p. 308
Financial Liability for Environmental Rehabilitation, p. 636
Fine mesh net, p. 539
Fine mesh net, use of, pp. 566, 583
Fire protection capacity, p. 719
Firewood, branches, and other recoverable wood wastes of timber, charges on, p. 159
1293
SUBJECT-INDEX
Fish aggregating devices, p. 538

Fish and fishery/aquatic products, p. 539
Fish cages, pp. 587, 539
Fish corral or “baklad,” p. 539
Fish Corrals/Traps, Fish Pens and Fish Cages, p. 570
Fish culture, p. 752
Fish fingerlings, p. 539
Fish fry, p. 539
Fish hatcheries, fish breeding facilities and private fishponds, registration of, p. 556
Fish kill, p. 640
Fish marketing areas, p. 846
Fish pen, pp. 539, 587
Fish pens, fish cages, fish corrals/traps and other similar structures, p. 555
Fish ponds p. 540
Fisherfolk cooperative, pp. 539, 548
Fisherfolk settlement areas, p. 571
Fisherfolk, pp. 539, 1045
Fisheries and Aquatic Resources Management Councils, pp. 539, 560
Fisheries and wildlife, p. 24
Fisheries Code of 1998, p. 22
Fisheries Inspection and Quarantine Service, p. 559
Fisheries law, p. 1170
Fisheries research and development, p. 246
Fisheries sector, p. 225
Fisheries, pp. 225, 539
Fishery management areas, p. 540
Fishery operator, pp. 540, 586
Fishery privileges, p. 592
Fishery products, importation and exportation of, p. 556
Fishery Projects, p. 33
Fishery refuge and sanctuaries, pp. 540, 562
Fishery reserves, pp. 540, 991
Fishery reserves, refuge and sanctuaries, fishing in, p. 568
Fishery species, p. 540
Fishing areas reserved for exclusive use of government, p. 563
Fishing boat/gear License, p. 540
Fishing by Philippine commercial fishing fleet in international waters, p. 550
Fishing during closed season, p. 587
Fishing Gear and Boat, recovery of, p. 589
Fishing gear, p. 540
Fishing grounds, p. 225
Fishing in overfished area and during closed season, p. 568
Fishing in overfished area, p. 586
1294
SUBJECT-INDEX
Fishing through explosives, noxious or poisonous substance, and/or electricity, p. 565

Fishing vessel, p. 540
Fishing with explosives, p. 540
Fishing with noxious or poisonous substances, p. 540
Fishpond and Prawn Farms, p. 308
Fishpond Lease Agreements (FLA), pp. 544, 553
Fishponds, fish cages and fish pens, insurance for, p. 555
Fishponds, lease of, p. 553
Fishponds, p. 587
Fishworker, p. 541
Fixed and passive fishing gears, p. 538
Fixed fee, p. 1057
Fixed fees, schedule of, p. 1062
Flood control and natural calamities, p. 24
Flood control and sewerage management, p. 1023
Flood control program, p. 24
Flooding, p. 752
Flora and fauna, p. 1002
Food additive, p. 1116
Food additives, excessive or improper use of, p. 865
Food and Agricultural Organization’s (FAO) Code of conduct on the distribution and use
of pesticides, p. 1100
Food and Drug Administration, p. 1113
Food establishments, evaluation of, p. 844
Food Establishments, p. 836
Food establishments, structural requirements of, p. 838
Food handlers, p. 840
Food security, pp. 223, 225, 231, 541, 1044
Food servicing operations, p. 843
Food, Drug, and Cosmetic Act, p. 1113
Food, Drug, and Cosmetic Act, prohibited acts under, p. 1117
Food, p. 1115
Food, pollution of, p. 865
Food, quality and protection of, p. 837
Food-service spaces, use of, p. 840
Force majeure, p. 332
Foreign aquatic species, introduction of, p. 545
Foreign boats illegally fishing in Philippine waters, p. 584
Foreign vessels, p, 610
Foreign-assisted projects, p. 1011
Foreign-Owned/Controlled Corporations, pp. 332, 345
Foreshore lands, pp. 541, 552
Forest and grazing lands, p. 58
1295
SUBJECT-INDEX
Forest charges, payment, collection, and remittance of forest charges, p. 164

Forest Concessions, p. 145
Forest cover, p. 951
Forest ecosystem and its resources, pp. 136, 1047
Forest Land Grazing Management Agreement (FLGMA), p. 319
Forest land is not disposable, p. 282
Forest land management agreement, p. 1011
Forest Land Management Program (FLMP), p. 317
Forest land, pp. 133, 257
Forest Lands and Offshore Areas, establishment of reservations in, p. 141
Forest lands, other special uses of, p. 155
Forest Management Bureau (FMB), p. 136
Forest management, pp. 1013, 1089
Forest occupancy management, p. 23
Forest occupants survey, p. 114
Forest officer, p. 136
Forest Officers, authority of, p. 152
Forest product, p. 135
Forest products, charges on, p. 157
Forest Protection, p. 150
Forest reservations, p. 133
Forest reserves, p. 991
Forest resources, marketing of, p. 23
Forest resources, rational exploitation of, p. 23
Forest/upland ecosystem, p. 1044
Forest-based recreation projects, p. 1016
Forestry Code of the Philippines (P.D. 705), pp. 2, 621
Forestry Development, 25-year Master Plan for, p. 314
Forestry Law, pp. 1164, 1170
Forestry projects, p. 33
Forestry Sector Project (FSP), p. 317
Fort Pilar in Zamboanga City, p. 925
Freedom from expropriation, p. 354
Freedom of contract, p. 176
Freedom of religion, p. 75
Freedom of speech, p. 75
Fresh agricultural and fishery products, p. 226
Fresh Surface Waters, p. 691
Fresh Water, pp. 617, 627
Freshwater ecosystem, p. 1044
Fry and fingerlings gathering, p. 538
Fuel evaporative emission for spark-ignition engines, p. 497
Fuels and Fuel Additives, regulation of, p. 499
1296
SUBJECT-INDEX
Full Deregulation Phase, pp. 413, 415

Fully-developed fishpond area, p. 541
Fundamental difference between the treatment and philosophy of land between Natural
Resources Law and Environmental Law, p. 282
Funeral and embalming establishments, sanitary permit of, p. 867
Funeral chapels, sanitary requirements of, p. 867
Funeral establishment, classifications of, p. 867
Funeral establishment, p. 866
Game refuge or bird sanctuary, p. 134

Gas control and recovery system, p. 817
Gas emissions, p. 818
Gasoline, p. 393
Gemstone Gathering Permit, p. 345
Gender sensitivity, p. 1042
General Agreement on Tariffs and Trade (GATT 1947), p. 1101
General waste characterization, p. 804
Generation, p. 793
Generator, p. 793
Generic Drugs, p. 1132
Generic Name, pp. 1131, 1133
Generic Terminology, pp. 1131, 1132, 1133
Generics Act of 1988, p. 1131
Geneva Protocol 1 additional to the general convention of August 12, 1949, and relating
to the protection of victims of armed conflict, p. 1099
Geological surveys, p. 59\eothermal Contract Areas, p. 400
Geothermal power plants, p. 493
Geothermal Resources (Presidential Decree No. 1442), p. 399
Geothermal resources, p. 400
Geothermal Watersheds (Executive Order No. 223), p. 401
Gifts, pp. 1186, 1195
Global climate change, p. 232
Global competitiveness, pp. 223, 226, 231, 232
Global consensus on the management, conservation, and sustainable development of all
types of forests, p. 1089
Global cooperation, p. 1042
Global environmental and development instruments, principles shaping, p. 1074
Gold, sale of, p. 328
Good neighborliness and duty to cooperate, p. 1074
Good seeds and planting materials, p. 259
Governance, integrating sustainable development in, p. 1044
1297
SUBJECT-INDEX
Government Cargo, p. 612

Government Gratuitous Permit, p. 344
Government housing agencies, role of, p. 886
Government is a signatory, p. 112
Government property, p. 904
Government Service Insurance System, p. 928
Government Share in Mineral Production Sharing Agreement, p. 351
Government Share in Other Mineral Agreements, p. 351
GOVERNMENT WARNING: Cigarette Smoking is Dangerous to Your Health, p. 1152
Government, pp. 1185, 1195
Government-owned or controlled corporations, p. 884
Grazing land, p. 133
Greenbelts, pp. 1008, 1016
Greenhouse gas (GHG) emissions, p. 392
Greenhouse gases, pp. 483, 500, 1083
Groceries or sari-sari stores, p. 845
Gross Domestic Product, p. 1039
Gross output, p. 332
Gross tonnage, p. 541
Gross value added (GVA), p. 247
Ground surveys, p. 59
Groundwater monitoring well system, p. 817
Groundwater reservoir, p. 823
Groundwater vulnerability map, p. 628
Groundwater vulnerability, p. 628
Groundwater, pp. 627, 818
Guano collection, permit for, p. 1014
Guano Permit, p. 344
Guardians, liability of, p. 86
Guide to international environmental conventions and agreements, p. 1052
Guidelines Governing the Confiscation, Seizure and Disposition of Wild Flora and
Fauna Illegally Collected, Gathered, Acquired, Transported, and Imported Inc-
luding Paraphernalia, p. 579
Guilt not based on presumption, p. 1192
Gums, resins, and other forest products, charges on p. 160
Habit forming, pp. 1122, 1124

Habitat for any endangered or threatened species of indigenous Philippine wildlife
(flora and fauna), p. 33
Handlers, p. 263
Hard surfactants, p. 1160
1298
SUBJECT-INDEX
Hauler, p. 405
Hazardous and toxic substances, production, utilization, storage and distribution of, p.
20
Hazardous substances, pp. 29, 51, 483
Hazardous wastes, pp. 52, 628, 793
Hazardous wastes, trade in, p. 1096
Head of a family, liability of, p. 88
Head works, p. 226
Health and sanitation, urban protection, and pollution control, p. 1023
Health Certificates, p. 837
Health development, integrated and comprehensive approach to, p. 15
Healthy residual, p. 135
Heavy duty vehicles, exhaust emission limits, p. 497
Heavy Industries, p. 32
Heavy Metals and Toxic Substances, p. 700
Heavy metals, p. 865
Heptachlor, p. 1084
Herbal medicines, p. 1141
Heroin, p. 1122
Hexaclorobenzene, p. 1084
Hidden treasures, Civil Code provision on, p. 930
High seas, p. 1086
Highly urbanized cities (HUCs), pp. 632, 633
High-Value Crops Development Act of 1995, p. 256
High-Value Crops Development Fund (HVCDF), p. 258
High-value crops p. 257
Highways, including expressway, roads, bridges, interchanges, tunnels, and related
facilities, p. 1053
Historic and cultural resources and heritage, preservation of, p. 28
Historical landmark, p. 928
Historical Landmark, public character of, p. 930
Historical site, pp. 904, 930
Holistic science and appropriate technology, p. 1042
Holistic science, p. 1040
Homelessness, p. 1041
Homelots and Farmlots for Members of Cooperatives (CARP), p. 298
Horizontal and vertical integration, p. 223
Hotel, p. 857
Hotels and motels, special provisions on, p. 858
House of Representatives, pp. 1, 2
House sewer, p. 860
Housing and Land Use Regulatory Board (HLURB), pp. 229, 230, 877, 888, 895, 896,
897
1299
SUBJECT-INDEX
Housing and Urban Development Coordinating Council, pp. 877, 884, 886, 887
Human and social capital, investing in, p. 1044
Human development trends, p. 1041
Human Habitat, p. 789
Human health, p. 1044
Human organs for medical, surgical, and scientific purposes, donation of, p. 869
Human Resources Development, p. 242
Human Settlements Commission, pp. 21, 872
Human Settlements Regulatory Commission, charter of, p. 889
Human Settlements Regulatory Commission, creation of, p. 890
Human Settlements Regulatory Commission, p. 888
Human Settlements Regulatory Commission, powers and duties of, p. 890
Human settlements, p. 1044
Hydroelectric power, p. 384
Hydrofluorocarbons (HFCs), p. 1084
Hyoscine, p. 1123
Hyoscyamine, p. 1123
Ice plants, p. 845

Identified mineral reserves, exploitation of, p. 25
Idle and abandoned land, p. 257
Idle lands, additional ad valorem tax on, p. 995
Idle lands, coverage of, p. 995
Idle lands, expropriation of, p. 878
Idle or abandoned land, pp. 285, 874
Idle, abandoned, foreclosed, and sequestered lands, p. 303
Ifugao rice terraces of Banaue, p. 925
Iglesia ni Cristo, p. 930
Illegal Exploration, p. 355
Illegal fishing, jurisdiction over, p. 587
Illegal logging, p. 1002
Illegal Obstruction to Permittees or Contractors, p. 356
Illegal occupation of national parks system and recreation areas and vandalism therein,
p. 163
Illegal possession of explosives, pp. 1165, 1170
Illegal structures, p. 884
Immediate container, p. 1116
Imminent hazard, p. 263
Important cultural properties, p. 929
Importation of live shrimp and prawns at all stages except those without special permit,
p. 584
1300
SUBJECT-INDEX
Importation, pp. 51, 277, 608

Imports and exports of food, drugs, devices, and cosmetics, p. 1129
Incineration, ban on, p. 495
Incineration, pp. 508, 509
Incinerators, p. 1053
Income enhancement and profitability, p. 231
Income Tax-Accelerated Depreciation, p. 353
Income Tax-Carry Forward of Losses, p. 353
Income Upland Communities Project (LIUCP), p. 318
Indigenous concept of ownership, pp. 935, 956
Indigenous Cultural Communities, pp. 112, 205, 332, 931, 934
Indigenous Cultural Communities, royalty payments for, p. 336
Indigenous cultural communities/indigenous peoples access to biological and genetic
resources, p. 941
Indigenous cultural communities/indigenous peoples communal rights, p. 950
Indigenous cultural communities/indigenous peoples existing property rights regimes,
p. 950
Indigenous cultural communities/indigenous peoples right to indigenous knowledge
systems and practices and to develop own sciences and technologies, p. 941
Indigenous cultural communities/indigenous peoples, freedom from discrimination and
right to equal opportunity and treatment, p. 939
Indigenous Energy Resources, p. 424
Indigenous Goods, Services, and Technologies, use of, p. 346
Indigenous housing materials and technologies, p. 885
Indigenous Peoples Rights Act of 1997, constitutionality of, p. 956
Indigenous Peoples Rights Act of 1997, pp. 931, 956
Indigenous peoples, pp. 931, 934, 1045
Indigenous political structures, p. 934
Indigenous science and technology, p. 1040
Indirect solar energy, p. 388
Individual claims, p. 934
Industrial detergents, p. 1160
Industrial dispersal, p. 226
Industrial establishments, control of infectious agents, p. 851
Industrial establishments, control of possible sources of radiation hazards, p. 851
Industrial establishments, illumination of, p. 851
Industrial establishments, noise control of, p. 851
Industrial establishments, responsibilities of the employer and employees, p. 851
Industrial establishments, sanitary requirements of, p. 850
Industrial establishments, ventilation of, p. 852
Industrial hygiene, p. 850
Industrial land, p. 993
Industrial Peace Act, p. 1112
1301
SUBJECT-INDEX
Industrial Sand and Gravel Permit, p. 344

Industrial tree farms, p. 1008
Industrial tree plantation, pp. 135, 147, 148, 149
Industrial Tree Plantations, Tree Farms, and Agro-Forestry Farms, p. 147
Industrial waste, pp. 35, 628
Industrialization and economic zones, p. 1055
Infectious waste, p. 484
Information, access to, p. 1075
Infrastructure Projects, p. 33
Initial Public Offering, p. 414
Inland fishery, p. 541
Inland Water, p. 700
In-Lieu Share, p. 718
Innocent passage in territorial waters, p. 1086
Inquest proper, p. 1172
Inquest, p. 1169
Institute of Philippine Languages, p. 922
Institutional trends, p. 1041
Institutional viability, p. 1042
Insurance Commissioner, p. 1051
Integrated Air Quality Improvement Framework, pp. 485, 486
Integrated approach, p. 123
Integrated Bar of the Philippines-National Environmental Action Team, p. 829
Integrated Forest Management Agreement (IFMA), p. 318
Integrated protected areas fund, p. 118
Integrated Rainforest Management Project (IRMP), Integrated Rainforest Management
Project IRMP), p. 317
Integrated Social Forestry Program (ISFP), p. 318
Integrated social forestry projects, p. 1016
Integrated social forestry, p. 1012
Integrated Water Quality Management Framework, p. 628
Integrated zoning ordinances, pp. 1003, 1004, 1007
Integration, p. 1043
Intellectual property rights, pp. 1040, 1141
Intended beneficial use reclassification of water, pp. 19, 20
Intensive integrated program of environmental protection, p. 32
Inter-Agency Technical Advisory Council, p. 53
Intergenerational and intragenerational equity, p. 1074
Intermediaries as brokers of information and appropriate technologies, p. 1045
Intermediaries as mobilizers of resources, p. 1045
Intermediaries as networkers to strengthen institutional linkages and trainers, p. 1045
Intermediaries as product enhancers, p. 1045
Internal revenue taxes, allotment of local government units, pp. 996, 997
1302
SUBJECT-INDEX
International Atomic Energy Agency (IAEA) Code of Practice on the International

Trans-boundary Movement of Radioactive Waste, (June 27, 1990) p. 1097
International Court of Justice (ICJ), p. 1099
International environmental commitments of the Philippines, p. 1075
International Environmental Law and Policy, p. 1049
International Environmental Law, p. 1101
International environmental principles, p. 1074
International Human Rights Law, p. 939
International institutional arrangements, p. 1079
International Law, constitutional provisions on, p. 1072
International legal instruments and mechanisms, p. 1080
International Seabed Authority, p. 1087
International Trade of endangered species of wild fauna and flora trade permits, system
of, p. 1091
International, regional and local market forecasts, p. 238
Interrogatories to parties, p. 1242
Investments Priority Plan (IPP), pp. 641, 1048
Ipil-ipil, p. 149
Irrigable lands, p. 226
Irrigation canals, p. 660
Irrigation Development Scheme, criteria for selection of, p. 236
Irrigation Law, p. 750
Irrigation Research and Development (R&D), p. 236
Irrigation Service Fees (ISF), p. 237
Irrigation system, p. 226
Irrigation use, p. 384
Irrigators’ association (IA), p. 226
Isolated survey, pp. 1012, 1015
Joint Executive-Legislative Water Crisis Commission, p. 745

Joint Executive-Legislative Water Crisis Commission, Powers and Functions, p. 746
Joint Venture Agreement (JVA), pp. 332, 339, 874
Judicial and Bar Council, p. 1202
Judicial power, pp. 174, 177
Just compensation under the CARP, determination of, p. 293
Justness and sincerity, p. 1196
Kaingin management, p. 23
Kaingin, p. 134
1303
SUBJECT-INDEX
Kaingineros (slash-and-burn farmers), p. 313

Kaingineros, Squatters, Cultural Minorities, and Other Occupants and Residents in
Forest Lands, p. 154
Kalakalan 20, p. 1014
Kayakas, p. 587
Kings of the road, p. 510
Kyoto Protocol to Climate Change Convention (11 December 1997), p. 1083
Label, p. 1116
Labeling, p. 1116
Laguna Lake Development Authority (LLDA), pp. 4, 41
Laguna Lake Development Authority Act of 1966, p. 669
Laguna Lake Development Authority Environmental User Fee System, p. 1056
Laguna Lake Development Authority, additional Powers of, p. 682
Laguna Lake Development Authority, Corporate Powers of, p. 673
Laguna Lake Development Authority, Special Powers and Functions, p. 669
Laguna Lake Region, p. 644
Lakes p. 541
Land acquisition, modes of, p. 878
Land assembly or consolidation, p. 875
Land Bank bonds, pp. 294, 301, 302
Land banking, p. 875
Land Classification, System of, p. 139
Land Consolidation (CARP), p. 302
Land management, p. 1015
Land pollution, p. 96
Land Reform, cases on, p. 310
Land Registration Act 496, p. 937
Land surveys, p. 882
Land swapping, p. 875
Land titling, p. 882
Land use management, p. 872
Land use management, purposes of, p. 20
Land use planning, pp. 59, 226
Land use plans, pp. 114, 875
Land use, pp. 226, 1044
Land value and building rental regulations, p. 889
Land, acquisition of, p. 878
Land, inventory of, p. 877
Landfill, p. 1053
Landless beneficiary, definition of, p. 296
1304
SUBJECT-INDEX
Landless rural workers, p. 1045

Lands exempted from the Comprehensive Agrarian Reform Program, p. 290
Lands of public domain and their classification, p. 13
Lands to Be Reforested and/or Afforested, p. 147
Large scale commercial fishing, p. 537
Las Piñas, p. 1022
Lauan, p. 179
Laundry detergents, p. 1160
Law of the Sea, United Nations convention on, p. 1086
Leachate collection and treatment system, p. 817
Leachate contamination, p. 804
Leachate, p. 793
Lease, Management, Grower or Service Contracts, Mortgages, and Other Claims
(CARP), p. 310
Lease, p. 135
Legal forms, samples of, p. 1216
Legislation, hierarchy of, p. 1
Legislative agenda, mapping out a, p. 1044
Letter-Complaint, p. 1216
Letters rogatory, p. 1237
Libel by means of writings or similar means, p. 1246
Libel, definition of, p. 1249
Libel, p. 1246
License agreements p. 135
Light and ventilation of buildings, requirements of, p. 898
Light commercial vehicles, exhaust emission limits, p. 496
Light duty vehicles, exhaust emission limits, p. 496
Limited access, p. 542
Limits of Forest Lands and National Parks, p. 14
Liners, p. 816
Linkage Mechanism, pp. 501, 639
Liquid waste disposal, methods of, p. 26
Liquid waste, p. 1057
Liquidated damages, pp. 79, 82, 84
List of Endangered Species (DAO 2004-15), p. 213
List of Threatened Wildlife and their Categories, p. 214
Littoral owners, pp. 581, 582
Loading, p. 1057
Local autonomy of local governments, p. 16
Local development projects, p. 997
Local Disaster Coordinating Council, p. 996
Local Government Code of 1991, pp. 25, 48, 1009, 1041, 1110
Local Government Code, environment-related provisions of, p. 986
1305
SUBJECT-INDEX
Local Government Code, general welfare clause of, p. 1019

Local Government Code, operative principles of decentralization of, p. 987
Local Government Solid Waste Management Plans, p. 806
Local Government Solid Waste Management, p. 819
Local government units listing of real property in the assessment rolls, p. 993
Local government units, amount of share of, p. 998
Local government units, delegated powers to, p. 895
Local government units, role of in housing, p. 886
Local government units’ allotment of internal revenue taxes, pp. 996, 997
Local government units’ power to levy other taxes, fees, or charges, p. 993
Local government units’ share in the proceeds from the development and utilization of
the national wealth, p. 997
Local governments share from any government agency or government-owned or
controlled corporation, p. 998
Local governments, authority to reclassify lands, p. 989
Local governments, autonomy of, p. 985
Local governments, environmental powers of, p. 831
Local governments, legislative powers over, p. 986
Local governments, power to generate and apply resources, p. 989
Local governments, role of, in environmental protection, pp. 1009, 1018
Local Transport of Wildlife, p. 320
Local Water District Law, p. 712
Local water districts, p. 1009
Local Water Utilities (Presidential Decree No. 198), p. 710
Local Water Utilities Administration Law, p. 723
Local Water Utilities Administration, general corporate powers of, p. 725
Local Water Utility, p. 712
Local Waterworks and Utilities Administration, reorganization of, (LWUA), p. 746
Location of industries, p. 21
Locus standi, p. 172
Lodging house, p. 857
Logging and mining concessions, p. 302
Logging Roads, p. 153
London Convention on the Prevention of Marine Pollution by Dumping of Wastes and
Other Matter, p. 1084
Long-range transport, p. 1084
Long-term environmental hazards, p. 51
Lot survey, pp. 1012, 1015
Lowland/agricultural ecosystem, p. 1044
LPG distributor, p. 405
Lumber, p. 179
1306
SUBJECT-INDEX
Magna Carta for Public Health Workers (26 May 1992), p. 347
Magna Carta for Small Enterprises, p. 1053
Main canal, p. 226
Major mining and quarrying projects, p. 32
Makati, p. 1022
Malabon, p. 1022
Malampaya Gas-to-Power Project, p. 424
Malaria, p. 1084
Malicious prosecution, p. 1212
Management of Resources Outside of the Ecologically Critical Areas, p. 125
Mandaluyong, p. 1022
Mandamus, p, 10
Mandatory Segregation of Solid Wastes, p. 811
Mangrove areas, p. 33
Mangrove, pp. 308, 309, 134, 542
Mangroves, conversion of into fishponds, p. 568
Mangroves, conversion of, p. 586
Mangroves, pp. 951, 1008
Manila Hotel, p. 928
Manila Prince, p. 928
Manila, p. 1022
Man-induced non-thermal components of discharges, p. 691
Manta Rays, pp. 577, 578, 586
Manufacturers and processors of foodstuffs, drinks, toilet articles, and similar goods,
liability of, p. 88
Marginal farmer or fisherman, p. 991
Marginal or subsistence fisherman, p. 1019
Marihuana, p. 1122
Marikina Watershed Reservation Area, pp. 831, 832
Marikina, p. 1022
Marine environment, protection and preservation of, p. 1088
Marine parks p. 134
Marine Pollution, prevention and control of, p. 601
Marine resources, preferential use of, p. 15
Marine tropical or aquarium fish, p. 586
Marine waters, p. 991
Maritime group, pp. 604, 605
Maritime Industry Authority (MARINA), pp. 605, 606, 608, 609, 610
Maritime Industry Decree of 1974, p. 606
Maritime navigation, unauthorized aids to, p. 600
Market infrastructure, p. 226
1307
SUBJECT-INDEX
Marketing Assistance System, p. 238

Markets and abattoirs, prescribed standards of construction, p. 846
Marshes, p. 552
Martial Law Years, p. 2
Mass Media, p. 1149
Massage clinic attendant, pp. 856, 857
Massage clinic, p. 856
Massage clinic, sanitary requirements of, p. 856
Massage clinics and sauna bath establishments, sanitary permit of, p. 856
Massage, p. 856
Masseur, p. 856
Materials Recovery Facility (MRF), establishment of, p 814
Materials recovery facility, p. 793
Maximum Sustainable Yield (MSY), pp. 535, 542
Medical waste, p. 484
Medium scale commercial fishing, p. 537
Medium Term Philippine Development Plan (2004-2010), p. 1047
Methane, p. 1084
Methyl Tertiary Butyl Ether (MTBE), p. 393
Metro Manila Authority, p. 1022
Metro Manila Commission, pp. 623, 1029
Metro Manila Commission, police powers of, p. 1021
Metro Manila Council, functions of, p. 1025
Metro Manila Council, p. 1023
Metro Manila Development Authority Chairman, functions of, p. 1026
Metro Manila Development Authority General Manager, functions of, p. 1026
Metro Manila Development Authority, functions and powers of, p. 1024
Metro Manila Development Authority, sources of funds and the operating budget of, p.
1027
Metro Manila Development Authority, without police power, p. 1028
Metropolitan Manila Development Authority (MMDA) Easement Provision Along Pasig
River, p. 662
Metropolitan Manila Development Authority (MMDA), p. 801
Metropolitan Manila Development Authority, creation of, p. 1022
Metropolitan Manila Development Authority, scope of services of, p. 1023
Metropolitan Museum of Manila, p. 929
Metropolitan Waterworks and Sewerage System (MWSS), reorganization of, p. 746
Metropolitan Waterworks Sewerage System, pp. 41, 732
Miagao church in Miagao, Iloilo, p. 925
Mill tailings, p. 328, 1041
Mine tailings, p. 1041
Mine Wastes and Tailings Fees, p. 352
Mine wastes and tailings, p. 332
1308
SUBJECT-INDEX
Mine, willful Damage to a, p. 356

Mineral agreement, p. 332
Mineral Agreements, Modes of, p. 339
Mineral lands, pp. 133, 332, 993
Mineral processing, p. 332
Mineral production-sharing agreement (MPSA), p. 339, 366
Mineral Reservations, pp. 152, 335
Mineral resource, p. 332
Mineral Resources Development Decree of 1976, p. 340
Mineral Resources, ownership of, p. 335
Mineral Trading Registration, p. 345
Mineralized areas, p. 324
Minerals Processing Permit, p. 345
Minerals, pp. 332, 1044
Minerals, theft of, p. 355
Minerals, Transport, Sale, and Processing of, p. 345
Mines Adjudication Board, powers and functions of, p. 350
Mines and Geosciences Bureau, p. 355
Mines and geo-sciences development, p. 1014
Mines Arson, p. 356
Mines Safety and Environment Protection, p. 347
Mini-hydroelectric power developer, p. 384
Mini-hydroelectric power development, p. 384
Mini-Hydroelectric Power Incentive Act, p. 383
Mini-hydroelectric power plant, p. 384
Mining agreements may be changed, p. 357
Mining and the story of my rich grandfather, p. 370
Mining area, p. 332
Mining Areas, Survey, Charting and Delineation of, p. 336
Mining communities and science and mining technology, development of, p. 345
Mining is essentially an extractive industry, pp. 358, 371
Mining operations pp. 152, 333, 337
Mining plan, p. 324
Mining Project Feasibility, p. 338
Mining Structures, destruction of, p. 356
Ministry of Human Settlements, p. 32
Minor forest products, charges on p. 159
Minor Irrigation Schemes, p. 237
Minor or insane person causing damage, p. 87
Minor, p. 1149
Miranda rights, p. 1177
Miresx, p. 1084
Misbranded cosmetic, p. 1127
1309
SUBJECT-INDEX
Misbranded drugs and devices, p. 1122

Misbranded food, p. 1117
Misclassification and survey by government official or employee, p. 163
Misfueling, p. 500
Missionary electrification, p. 423
Mixing Zone, pp. 700, 706
Mobile source, p. 484
Modern farms, p. 229
Modes of discovery, p. 1236
Modes of discovery, refusal to comply with, p. 1244
Momeopathic Pharmacopoeia of the United States, p. 1115
Monkey-eating eagle, (pithecophaga jefferyi), p. 200
Monopolized Routes, p. 612
Montreal Protocol, p. 1081
Moral damages, pp. 79, 82, 83, 85
Morphine, p. 1122
Motel, p. 857
Motion for production or inspection of things, p. 1243
Motor fuel, p. 393
Motor vehicle mishaps, p. 87
Motor vehicle, p. 484
Motor vehicles impounded by the DENR, replevin of, p. 180
Moving waters, p. 619
Multilateral trade agreements, p. 1101
Multiple use zone, p. 125
Multiple/Manipulative use area, p. 124
Multi-purpose cooperatives and associations, p. 804
Multi-stake holdership, p. 1043
Mummy caves of Kabayan, Benguet and of Sagada and Alab, Bontoc, p. 925
Municipal fisherfolk, p. 542
Municipal fisherfolk, registry of, p. 548
Municipal Fisheries, p. 547
Municipal fishing, p. 542
Municipal mayor, powers, duties, functions, and compensation of, p. 1001
Municipal use, p. 384
Municipal waste, pp. 484, 793
Municipal waters, jurisdiction of, p. 547
Municipal waters, pp. 542, 991
Muntinlupa, p. 1022
Muro-ami (drive-in-net), p. 587
Muro-ami, ban on, p. 567
1310
SUBJECT-INDEX
National Agriculture and Fisheries Education System (NAFES), objectives of, p. 242
National Air Quality Status Report, p. 485
National Ambient Air Quality Guideline for Criteria Pollutants, p. 489
National Ambient Air Quality Standards for Source Specific Air Pollutants from
Industrial Sources/Operations, p. 489
National Biofuel Board (NBB), pp. 393, 395, 396
National Caves and Cave Resources Management and Protection Act (R. A. 9072), p.
128
National Commission for Culture and Arts, mandate of, p. 918
National Commission for Culture and Arts, organization of, p. 917
National Commission for Culture and Arts, powers and functions of, p. 921
National Commission of Culture and the Arts, pp. 907, 916
National Commission on Indigenous Cultural Communities/Indigenous Peoples, p. 942
National Commission on Indigenous Cultural Communities/Indigenous Peoples, powers
and functions of, p. 943
National Commission on Indigenous Cultural Communities/Indigenous Peoples Office
of Education, Culture, and Health, p. 945
National Commission on Indigenous Cultural Communities/Indigenous Peoples, quasi-
judicial powers of, p. 952
National Commission on Indigenous Peoples, p. 934
National Conservation Strategy, p. 60
National cultural agencies, p. 922
National cultural treasures, pp. 903, 904, 905, 929
National Drug Formulary, p. 1132
National Ecology Center, pp. 799, 814
National Electrification Administration (NEA), pp. 70, 379, 422
National endowment fund for culture and arts, p. 922
National environmental laws, principles for developing, p. 1075
National Environmental Protection Council, pp. 18, 31
National Extension System for Agriculture and Fisheries, p. 248
National Fisheries Research and Development Institute (NFRDI), p. 563
National Formulary, p. 1115
National government projects, p. 1110
National Heroes Commission, p. 927
National Historical Commission, duties of, p. 926
National Historical Commission, pp. 925, 926, 927
National Historical Institute, pp. 922, 930
National Home Mortgage Finance Corporation, pp. 884, 885, 887
National Housing Authority, pp. 880, 881, 884, 886
National Housing Authority, transfer of functions of, p. 894
National identity, p. 916
1311
SUBJECT-INDEX
National Information Network (NIN), pp. 227, 253

National Integrated Areas System (NIPAS), pp. 111, 112, 116, 134
National Integrated Human Resource Development Plan in Agriculture and Fisheries,
p. 244
National Integrated Protected Areas System Act of 1992, p. 111
National Internal Revenue Code, pp. 149, 158, 159
National Irrigation Administration, p. 751
National Irrigation System (NIS), p. 227
National land use planning, p. 1094
National Land Use Scheme, pp. 21, 872
National Library, p. 922
National Mapping and Resource Information Authority (NAMRIA), pp. 4, 68, 229, 573
National Museum Act of 1998, pp. 907, 922
National Museum, Board of Trustees of, p. 910
National Museum, conversion of, p. 907
National Museum, duties and functions of, p. 909
National Museum, objectives of, p. 909
National Museum, p. 904
National Museum, permanent home; evidence of title to site and buildings of, p. 908
National parks, pp. 33, 59, 112, 134, 991
National patrimony, p. 928
National Pollution Control Commission (NPCC), pp. 3, 19, 22, 31, 32, 34, 36, 67, 656
National Pollution Control Commission, powers and functions of, p. 37
National Power Corporation (NPC), pp. 379, 381, 401, 422
National Register, p. 2
National Research and Development System in Agriculture and Fisheries, p. 246
National scholarship program for deserving academic staff to pursue advanced degrees
in agriculture and fisheries, p. 245
National Sewerage and Septage Management Program, p. 632
National sites and shrines, p. 925
National Smoking Cessation Program, p. 1158
National Solid Waste Management Commission, p. 796
National Solid Waste Management Commission, Powers and Functions of, p. 797
National Solid Waste Management Framework, pp. 798, 804, 805
National Solid Waste Management Status Report, pp. 804, 805
National sovereignty, p. 1042
National Territory, p. 5
National Urban Development and Housing Framework, p. 877
National Water and Air Pollution Control Commission, p. 865
National Water Crisis Act, p. 745
National Water Quality Management Fund, p. 633
National Water Quality Status Report, pp. 628, 637
National Water Resources Board (NWRB), pp. 384, 631
1312
SUBJECT-INDEX
National Water Resources Council, pp. 25, 672, 718

National Waterworks and Sewerage Authority (NWSA), Attributes, Powers, and
Functions of, p. 733
National Waterworks and Sewerage Authority (NWSA), pp. 732, 733
Nationalism and patriotism, p. 1196
Native title to land should be recognized by government, p. 282
Native title, p. 934
Natural biotic areas, pp. 112, 113
Natural Gas Vehicle Program for Public Transport, p. 424
Natural heritage, p. 1090
Natural history specimens, p. 904
Natural monument, pp. 112, 113
Natural oleochemical, p. 1160
Natural parks, pp. 112, 113
Natural products, p. 1141
Natural Resources Development Corporation (NRDC), pp. 4, 69
Natural resources management and conservation, purposes of, p. 21
Natural resources, ownership of, p. 12
Natural resources, p. 122
Navigable Water, deposit of refuse in, p. 602
Navotas, p. 1022
Net operating loss carry over, p. 609
Network of National Centers of Excellence in Agriculture and Fisheries Education,
establishment of, p. 243
Network of Protected Areas for Agricultural and Agro-industrial Development
(NPAAD), p. 227
New drugs, pp. 1116, 1124
New industry participants, pp. 405, 406
New vehicle, p. 484
Nitrous oxide, p. 1084
Noise Level, measurement of, p. 517
Noise pollution, p. 865
Noise Standards, p. 516
Noise, abatement of, p. 1014
Noise-Sensitive Zones, p. 516
Nominal damages, pp. 79, 83
Non-attainment Areas, management of, p. 487
Non-Conventional Energy Resources (Presidential Decree No. 1068), p. 387
Non-conventional energy sources, pp. 240, 388
Non-discrimination of environmental harms, p. 1074
Non-Environmentally acceptable packaging, pp. 814, 823
Non-Environmentally acceptable products, p. 813
Non-Government Organizations, pp. 208, 333, 542, 97, 800, 802, 934, 990, 1026
1313
SUBJECT-INDEX
Non-ionizing radiation, p. 865

Non-perishable foods, dry storage of, p. 843
Non-point source, p. 628
Non-rail based mass transit facilities, navigable inland waterways, and related
facilities, p. 1053
Non-recyclable, p. 812
Non-traditional crops, p. 257
Norms of conduct of public officials and employees, p. 1195
Notice to sue for Violation of the Solid Waste Management Act, p. 1220
Notify and consult, duty to, p. 1074
Nuclear wastes, p. 52
Nuclear weapon tests in the atmosphere, in outer space, and under water, p. 1097
Nuisance, abatement of by local government unit, p. 1020
Nuisance, abatement of, pp. 76, 96
Nuisance, definition of, p. 76
Nuisances, p. 864
Nuisances, types of, p. 864
Objects used or intended to be used as a means of committing an offense, p. 1228

Obligation not to cause environmental harm, p. 1074
Obstructing fishery law enforcement officer in the performance of his duty, p. 585
Obstruction of justice, pp. 1177, 1212
Occupational safety and health standards, p. 1135
Occupational safety and health, coverage of, p. 1136
Ocean Floors, exploitation of, p. 1087
Ocean Waters, p. 602
Octane rating or the Anti-Knock Index (AKI), p. 484
Offensive trades and occupations, p. 864
Office for Northern Cultural Communities (ONCC) and the Office for Southern Cultural
Communities (OSCC), merger of, p. 954
Official Gazette, p. 2
Offshore, pp. 333, 338, 339
Oil Deregulation, phases of, p. 412
Oil Price Stabilization Fund (OPSF) Balance, p. 414
Oil Spills, p. 603
Oil, p. 602
Oligopoly, p. 415
Ombudsman Act of 1989, p. 1202
Ombudsman, inquiries by, p. 1209
Ombudsman, powers, functions and duties of, p. 1205
Omnibus Investment Code of 1987, pp. 302, 352, 407
1314
SUBJECT-INDEX
On-farm irrigation facilities, p. 227

Onshore, pp. 333, 338, 339
Onsite development, pp. 875, 883
Open burning of solid waste, pp. 508, 822, 831
Open dump, pp. 793, 810
Open dumping of biodegradable or non-biodegradable materials in flood-prone areas, p.
823
Open dumps for solid waste, use of, p. 815
Open shoreline, pp. 619, 620
Opening of Ancestral Lands for Mining Operations, p. 336
Operationalization, p. 1043
Opium, p. 1122
Opportunity to Recycle, p. 793
Oral defamation, p. 1247
Ordinances, p. 3
Ordinary diligence, p. 1228
Ordinary Minor Forest Products License (OMFPL), p. 319
Ore Transport Permit, p. 345
Ore, p. 333
Other agricultural chemicals, p. 262
Other farmworker, pp. 286, 296
Other migratory species, p. 570
Other Threatened Species, p. 214
Other waste, p. 35
Other Wildlife Species, p. 214
Others directly working on the land, p. 296
Ouabain, p. 1123
Outlet, p. 35
Output-Oriented Performance Standards, p. 244
Outstanding universal value, p. 1090
Overseas contract workers, p. 1045
Owners and managers of an establishment or enterprise, liability of, p. 87
Oyster beds, p. 846
Ozone Depleting Substances (ODS), pp. 484, 500
Package, p. 1149
Palawan Council for Sustainable Development (PCSD), pp. 126, 127, 801
Palawan, Airline Shippers Association of, p. 1018
Palawan, pp. 122, 1018
Palawan, strategic environmental plan for, p. 1019
Palinpinon Geothermal Reservation, pp. 401, 402
1315
SUBJECT-INDEX
Paraldehyde, p. 1122
Parañaque, p. 1022
Parents, liability of, 86
Participatory democracy, p. 1042
Participatory processes, p. 122
Pasay, p. 1022
Pasig, p. 1022
Passive fishing gear, p. 540
Pasture in Forest Lands, p. 154
Pasturing livestock, p. 162
Patents and Titles, Registration of, p. 310
Pateros, p. 1022
Pawikan Conservation Project, p. 579
Payao, p. 543
Payatas Dumpsite, p. 789
Peace, order, and national unity, p. 1042
Peaceful resolution of disputes, p. 1074
Pearl farm leases, pp. 543, 555
Penicillin, p. 1126
People empowerment, p. 223
People Power Revolution, p. 929
People’s Organizations (PO), p. 208, 543, 560, 934, 938, 990, 1026
People’s organizations, rights and roles of, p. 15
People’s Small-Scale Mining (Republic Act No. 7076), pp. 323, 325, 343
People’s small-scale mining areas, p. 325
People’s Small-Scale Mining Protection Fund, p. 328
Perfluorocarbons (PFCs), p. 1084
Perishable foods, refrigerated storage of, p. 843
Permanent forest or forest reserves, p. 133
Permanent sovereignty over natural resources (UN General Assembly Resolution 1803),
p. 1076
Permit Certificates, record of, p. 837
Permit holder or discharger, self-monitoring reports of, p. 1061
Persistence, p. 1084
Persistent Organic Pollutants (POPs), pp. 484, 501, 1084
Person/Persons, pp. 35, 602, 1115, 1149, 1186
Personal protective equipment and/or protective barriers, p. 852
Persons in authority, p. 999
Persons with disabilities, p. 1045
Pesticides industry, p. 1100
Pesticides, pp. 262, 265, 267, 865
Petroglyphs of Alab, Bontoc, p. 925
Petroglyphs of the Rockshelter in Angono, Rizal, p. 925
1316
SUBJECT-INDEX
Petroleum products, p. 405

Peyote, p. 1122
Philippine Agenda 21, action agenda of, p. 1043
Philippine Agenda 21, implementation of, p. 1044
Philippine Agenda 21, information, education, and communication plan of, p. 1046
Philippine Agenda 21, monitoring and assessment of, pp. 1046
Philippine Agenda 21, operational framework of, p. 1043
Philippine Agenda 21, pp. 1039, 1040, 1041, 1042
Philippine Agenda 21, process of localizing of, p. 1045
Philippine Aid Plan, p. 752
Philippine Atmospheric, Geophysical, and Astronomical Services Administration, pp.
24, 511
Philippine Atomic Energy Commission, p. 850
Philippine Clean Air Act of 1999, pp. 393, 481
Philippine Clean Water Act of 2004, p. 625
Philippine Coast Guard, creation of, p. 593
Philippine Coast Guard, functions of, pp. 594, 605
Philippine Downstream Oil Industry Investment Guide, p. 407
Philippine Economic Zone Authority (Republic Act 7916, 1995), p. 1055
Philippine Environment and Natural Resources, p. 1047
Philippine Environment Code, pp. 18, 176
Philippine Environmental Policy, p. 16
Philippine Fisheries Code, pp. 535, 579, 582
Philippine Historical Committee, p. 927
Philippine Immigration Act of 1940, p. 346
Philippine Institute of Traditional and Alternative Health Care, p. 1141
Philippine Institute of Traditional and Alternative Health Care, powers and functions
of, p. 1141
Philippine Merchant Marine Academy, p. 600
Philippine Mining Act of 1995, p. 25, 330
Philippine National Oil Company (PNOC), p. 379, 401, 402
Philippine National Standards, p. 393
Philippine Nuclear Research Institute (PNRI), p. 501
Philippine Policy on Transgenics, p. 256
Philippine territory, p. 22
Philippine Waters, classification/reclassification of, pp. 19, 626
Philippine waters, monitoring, control and surveillance of, p. 546
Philippine Waters, use of, p. 544
Physical and mental examination of persons, p. 1243
Physical environment, pp. 848, 849
Pilferage Losses, recovery of, p. 422
Pine forest, p. 135
Plant operational problems, p. 1061
1317
SUBJECT-INDEX
Plant Pest, p. 277

Plant Products, p. 276
Plant Quarantine (Presidential Decree No. 1433), p. 275
Plant Quarantine Board, p. 280
Plant Quarantine Officer, pp. 276, 278
Planting of evidence, p. 1226
Planting of trees in subdivisions, p. 211
Plants, p. 276
Plants/Plant Products in Transit, p. 277
Plurilateral trade agreements, p. 1101
Poaching in Philippine waters, p. 565
Point source, p. 628
Point-of-sale, p. 1149
Poisonous and toxic fumes, p. 484
Poisonous ingredients in food, tolerances for, p. 1121
Police power, definition of, p. 1028
Political neutrality, p. 1196
Political question, p. 174
Political trends, p. 1041
Political will, p. 622
Pollutant, p. 628
Polluter and user pays principle, p. 1075
Pollution Adjudication Board (PAB), p. 5, 39, 44, 45, 49, 67, 504, 633, 1014
Pollution control and infrastructure devices, p. 333
Pollution Control Decree of 1976, p. 699
Pollution control devices, pp. 353, 484
Pollution control facilities, p. 27
Pollution Control Law (P.D. 984), pp. 2, 34, 67, 689, 865
Pollution Control Officer, p. 1057
Pollution control technology, pp. 484, 629
Pollution from Motor Vehicles, pollution from, p. 496
Pollution from Stationary Sources, p. 492
Pollution of agricultural products, p. 865
Pollution of the environment, p. 865
Pollution prevention, p. 1075
Pollution Research and Development Programs, p. 641
Pollution, penalty for failure to abate, p. 1064
Pollution, pp. 35, 42, 43, 1041
Polycholorinated biphenyl, p. 1084
Ponds suitable for fishery operations, p. 552
Population density, distribution and projected growth, p. 804
Population management, p. 1044
Population movements, p. 885
1318
SUBJECT-INDEX
Population-Environment balance, p. 26
Porpoises, p. 586
Port of Entry, p. 277
Port sanitation, p. 858
Posse comitatus (Latin), p. 999
Possession of illegally-caught fish, p. 588
Possessor of an animal or whoever may make use of the same, p. 87
Post-closure care procedure, p. 817
Post-consumer material, p. 793
Post-harvest and ancillary industries, p. 556
Post-harvest facilities and technology needed to enhance agriculture and fisheries
development, p. 240
Post-harvest facilities, pp. 227, 259,543
Post-Secondary Education Program for Agriculture and Fisheries, p. 243
Potential Animal Pest, p. 276
Potentially infectious medical waste, p. 629
Poverty alleviation and social equity, pp. 231, 233
Power generation, p. 752
Power of subordinate legislation, p. 1251
Precautionary principle, p. 1074
Predatory pricing, p. 409
Preliminary Injunctions, pp. 6, 1110
Preliminary mandatory injunction, pp. 591, 1110
Premature conversion of agricultural land, p. 227
Preservation and Enhancement of the Human Environment, declaration of principles
for, p. 1077
Pre-service and in-service training of teachers, p. 245
President of the Philippines, pp. 1, 2, 117, 653, 730
Presidential Agrarian Reform Council (PARC), pp. 287, 288, 295, 296, 301, 302, 303
Presidential Commission for the Urban Poor, pp. 881, 882, 886
Presidential Commission on Culture and Arts (PCCA), p. 924
Presidential Commission on Good Government, pp. 307, 929
Presidential Decree No. 1818 (1981), pp. 6, 7
Presidential Decrees, p. 2
Presidential Proclamation of Environmentally Critical Areas and Projects, p. 30
Presidential Task Force on Waste Management, abolition of, p. 828
Price and Price trends, p. 238
Prima facie presumption of negligence, p. 88
Primacy of developing human potential, p. 1042
Primary Contact Recreation, p. 700
Primary Jurisdiction of the LLDA for the Management of the Laguna de Bay, p. 685
Primary processing, p. 227
Private Forest Development Agreement (PFDA), p. 321
1319
SUBJECT-INDEX
Private Gratuitous Permit, p. 344

Private Land Timber Permit (PLTP), p. 321
Private land, p. 334
Private Lands, Procedure for Acquisition of under the CARP, p. 293
Private right, p. 136
Privatization of solid waste management projects, p. 811
Privileged communication, p. 1248
Privy, box and can, p. 861
Privy, chemical, p. 861
Privy, concrete vault, p. 861
Probable cause, pp. 1172, 1225
Procedural requirements for the issuance of administrative regulations, p. 1252
Process, p. 51
Processing plant, p. 135
Proclamations, pp. 2, 3
Production and Processing, p. 146
Production-Sharing Plan under the CARP, pp. 291, 299
Professional squatters, pp. 875, 883
Professionalism, p. 1195
Programmatic Environmental Impact Assessment, p. 637
Prohibited Acts and Omissions (CARP), p. 310
Project Management Office on Solid Waste Management, abolition of, p. 828
Projects, public bidding of, p. 1050
Promotions, p. 1149
Proof of actual damage, p. 1192
Proof of the truth of an imputation of an act or omission not constituting a crime, p.
1250
Property Registration Law (Presidential Decree No. 1529), p. 281
Property, social function of, p. 14
Proprietor of a building or structure, p. 88
Prospecting of Biological and Genetic Resources (Executive Order No. 247), p. 203
Protected Area Community-Based Resource Management Agreement PA-CBRMA), pp.
317, 320
Protected Area Management Board, composition of, p. 117
Protected Areas and Wildlife Bureau, p. 66
Protected areas and wildlife, p. 1014
Protected areas and wildlife, p. 1016
Protected areas, pp. 111, 112, 115, 951, 1012
Protected landscapes and seascapes, pp. 112, 113
Protected species, p. 576
Protected Water, p. 700
Protection of the Philippine Eagle (Republic Act 6147), p. 200
Protection of Threatened Species, p. 193
1320
SUBJECT-INDEX
Protection of unique areas, representative samples of all ecosystems, and of habitats of

rare or endangered species, p. 1078
Protection of Waters of District, p. 718
Protection of Wild Flowers (Republic Act 3983), p. 201
Protocol on substances that deplete the ozone layer, (September 16, 1987, Montreal), p.
1081
Province by Province Implementation (CARP), p. 304
Provinces, cities, and municipalities, liability of, p. 88
Provincial Agrarian Reform Coordinating Committee (PARCCOM), pp. 288, 304
Provincial Environment and Natural Resources Office, p. 1012
Provincial governor, powers, duties, functions, and compensation of, p. 1006
Provincial Solid Waste Management Board, pp. 800, 801
Provincial Water Utilities Act of 1973, p. 710
Provincial/City Mining Regulatory Board, p. 329
Public and Private Nuisance, p. 76
Public conveyance, p. 1149
Public domain leased, held or possessed by multinational corporations or associations,
p. 289
Public forest, p. 133
Public forest, timber lands, p. 991
Public Land Act (Commonwealth Act 141), pp. 140, 162, 281
Public land titling, p. 59
Public land, p. 334
Public laundry, sanitary permit of, p. 847
Public laundry, sanitary requirements of, p. 848
Public laundry, special requirements of, p. 848
Public markets and abattoirs, p. 240
Public nuisance, p. 96
Public office is a public trust, p. 1202
Public officer, pp. 1185, 1195
Public participation, p. 1075
Public places, p. 1149
Public safety, p. 1023
Public Service Commission, p. 737
Public sewerage system, p. 860
Public swimming or bathing places, rules and regulations, p. 852
Public swimming or bathing places, sanitary permit of, p. 852
Public swimming or bathing places, standards and criteria, p. 853
Public use, p. 930
Public Vessel, p. 602
Public waters, use of, p. 665
Puerto Princesa, p. 1019
Puerto-Princesa Subterranean River National Park (1999), p. 1091
1321
SUBJECT-INDEX
Punong barangay, environmental duties, responsibilities, and powers of, p. 999

Purse seine, p. 543
Qualified Beneficiaries (CARP), pp. 295, 296

Qualified person, p. 334
Quarantine Orders, p. 277
Quarry permit, p. 334
Quarry resources, pp. 334, 343
Quarrying, p. 334
Quasi-Delict, pp. 84, 86
Quezon City, p. 1022
Radiation Health Office, pp. 850, 865

Radiation Health Officer, p. 851
Radioactive emissions, p. 501
Radioactive excreta and urine of hospitalized patient, special precaution for, p. 863
Radioactive materials, p. 865
Railways or rail-based projects, and related facilities, p. 1053
Rainwater Collection and Springs Protection, p. 479
Rapid population growth, p. 1040
Rare and endangered species, conservation of, p. 1014
Rare, threatened and endangered species, protection of, p. 546
Rare, threatened or endangered species, p. 568
Rates and Charges-Water, p. 720
Rational use of resources, p. 223
Rationalization, p. 136
Rattan Cutting Contract (RCC), p. 320
Real property for assessment purposes, classes of, p. 995
Real property tax and interest, condonation or reduction of, p. 996
Real property tax, exemptions from, p. 995
Receptacles, p. 793
Reclamation programs for recyclables and toxics, p. 813
Records Management and Archives Office, p. 922
Recovered material, p. 794
Recreational uses of natural water, p. 24
Recyclable material, pp. 794, 804, 813, 823
Recyclable, p. 812
Recycling Program, p. 813
Recycling, pp. 794, 804, 808, 810
1322
SUBJECT-INDEX
Reforestation bond, p. 157

Reforestation, p. 23
Reforestation, p. 951
Refuse, definition of, p. 863
Refuse, disposal of, pp. 841, 863
Regalian doctrine, p. 956
Regional Environment and Natural Resources Office, p. 1012
Regional Resources Management Project (RRMP), p. 317
Regional Wage Boards, p. 251
Registrar of deed, duty of, p. 994
Registration of beneficiaries under the CARP, p. 292
Registration of landowners under the CARP, p. 292
Registration of Threatened and Exotic Species, p. 194
Regular farm worker, pp. 286, 296
Regular fishpond or prawn farm workers, p. 299
Regular reforestation, p. 1012
Rehabilitation in conservation hotspots, p. 1014
Relics, p. 904
Remains, p. 866
Remittance of earnings, p. 354
Remote sensing, p. 59
Remote-sensing technologies, p. 69
Renewable Energy Sources, p. 394
Renong Berhad of Malaysia (ITT-Sheraton), p. 928
Repatriation of investments, p. 354
Replevin Suit, p. 589
Replevin, pp. 180, 1229
Requiring the Planting of Trees in Certain Places (Presidential Decree No. 953), p. 210
Requisition of investment, p. 354
Res ipsa loquitur (the thing speaks for itself), p. 89
Reserve Control Account, p. 412
Resettlement areas, p. 875
Residential land, p. 993
Resource accounting, p. 227
Resource conservation, p. 794
Resource Extractive Industries, p. 32
Resource recovery, p. 794
Resource rent, p. 543
Resource reserve, pp. 112, 113
Respect for nature, p. 1078
Responsiveness to the public, p. 1196
Rest areas, bus terminals, bus stops, and service stations, excreta and sewage collection
and disposal of, p. 853
1323
SUBJECT-INDEX
Rest areas, bus terminals, bus stops, and service stations, refuse collection and disposal
of, p. 854
Restraining orders and preliminary injunctions in government projects, p. 1109
Restraining Orders, p. 6
Retailer, p. 1149
Retention Limits, p. 287
Re-use, pp. 794, 804
Reversion of People’s Small-Scale Mining Areas, p. 329
Revised Effluent Regulations of 1990, p. 699
Revised Forestry Code (Presidential Decree 705), pp. 132, 148
Revised Penal Code, p. 1171
Rewards to informants, p. 161
Rice Terraces of the Philippine Cordilleras (1995), p. 1091
Right of Access to Information, p. 8, 9
Right of way, pp. 91, 717
Right to a balanced and healthful ecology, pp. 7, 173,
Right to development, p. 1074
Right to Due Process of Law, pp. 7, 8
Right to funds for archeological and historical sites right to sustainable agro-technical
development, p. 941
Right to Health, pp. 5, 6, 7, 1
Right to life and a healthy environment, p. 1074
Right to Possess Explosives, p. 349
Right to Privacy, p. 8
Rights of persons arrested, detained or under custodial investigation; duties of public
officers, p. 1174
Riparian owner, p. 581
River systems, p. 33
River Thames of London, p. 617
Roman Catholic churches of Paoay and Bacarra in Ilocos Norte, p. 925
Rule on validity of administrative orders, p. 1252
Rules on Criminal Procedure, p. 1171
Rural industrialization and industry dispersal programs, p. 250
Rural industrialization, p. 227
Rural non-farm employment, p. 249
Rural women, p. 303
Sabalo and other breeders/spawners, capture of, p. 568

Safeguarding of habitats, p. 1078
Safety of Life at Sea (SOLAS), pp. 599, 601
Sale of Power, p. 385
1324
SUBJECT-INDEX
Sale of Water, p. 717

Salt water intrusion, p. 1041
Sample legal forms, p. 1216
San Agustin church and liturgical objects therein in Intramuros, Manila, p. 925
San Francisco Bay, p. 617
San Juan, p. 1022
San Mateo Landfill, p. 832
San Sebastian church in Quiapo, Manila, p. 925
Sand, gravel, and other quarry resources, tax on, p. 991
Sandiganbayan cases, p. 1173
Sangguniang bayan, powers, duties, functions, and compensation of, p. 1002
Sangguniang panglungsod, powers, duties, functions, and compensation of, p. 1004
Sangguniang panlalawigan, powers, duties, functions, and compensation of, p. 1007
Sanitary Landfill, criteria for establishment of, p. 816
Sanitary Landfill, criteria for siting, p. 816
Sanitary landfill, pp. 794, 810, 831
Sanitary Landfills, operating criteria for, p. 817
Sanitary Permit, pp. 836, 838, 847
Sanitary privies, p. 862
Sanitation Code, p. 832
Sauna bath attendant, pp. 856, 857
Sauna bath establishment, sanitary requirements of, p. 856
Scaling Stations, p. 152
Scareline (Serosca), p. 587
Schedule of Compliance, p. 794
School sanitation and health services, p. 848
Science and technology trends, p. 1040
Scientific/Academic Researches, p. 320
Sea Cow (Dugong dugon), p. 579
Sea farming, pp. 538, 544
Sea ranching, pp. 538, 544
Seabed, exploitation of, p. 1087
Search and seizure warrant, expiry of, p. 1225
Search and seizure warrant, where filed, p. 1225
Search and seizure with warrant, p. 1225
Search incidental to a lawful arrest, p. 1226
Search of moving motor vehicle, p. 1227
Search warrant, p. 1234
Searches and seizures without warrant, p. 1226
Seashore and foreshore, p. 620
Seashore park, p. 134
Seashores and beach protection, p. 580
Seasonal farmworker, pp. 286, 296
1325
SUBJECT-INDEX
Seaweed, gathering and farming of, p. 586

Secondary canal, p. 228
Secondary processing, p. 228
Second-hand motor vehicle engines, p. 498
Security of tenure of the farmers or farmworkers, p. 287
Security of tenure, p. 875
Sediments from placer mining, p. 656
Seed tree system, p. 135
Segregation at source, p. 794
Seizure of evidence in plain view, p. 1227
Selective logging, p. 135
Self-determination, p. 1042
Senate session hall, preservation of, p. 909
Senate, pp. 1, 2
Senescent coconut trees, p. 269
Septage, p. 629
Septic privy, p. 861
Septic tank absorption bed or drain field, p. 860
Septic tank capacity, determination of, p. 862
Septic tank effluent, disposal of, p. 862
Septic tank, effective capacity of, p. 860
Septic tank, effective depth of, p. 860
Septic tank, freeboard or air space of, p. 860
Septic tank, pp. 860, 862
Service and Standby Charges—Sewer, p. 721
Service contracts, pp. 156, 1110
Servient estate, p. 91
Sewage collection and disposal, p. 860
Sewage disposal, p. 850
Sewage system or sewerage system, p. 35
Sewage treatment works, operation of, p. 861
Sewage works, p. 35
Sewage, pp. 35, 629
Sewerage works and sewage treatment plants, requirements in the operation of, p. 862
Sewerage, pp. 629, 717
Shallow Tube Well (STW), p. 228
Shell Fishes, p. 570
Shellfishes, gathering and marketing of, p. 587
Ship or Vessel, p. 608
Ship repair, p. 608
Shipbuilder or Ship repairer, p. 608
Shipbuilding and Ship Repair Investment Incentives, p. 614
Shipbuilding, p. 608
1326
SUBJECT-INDEX
Shipper, p. 608
Shipyard, p. 608
Short-term acute hazards, p. 51
Significant cave, p. 129
Silent spring, p. 1061
Silica sand, extraction of, p. 580
Silvicultural and Harvesting System, p. 143
Silviculture, p. 136
Simple living, p. 1196
Singapore Import Parity (SIP), pp. 405, 412
Singapore posting, pp. 405, 412
Sirens, unauthorized use of, p. 509
Site of the Battle of Mactan on Mactan Island in Cebu, p. 925
Slander by deed, p. 1247
Slash and burn farming, p. 1002
Sludge, p. 630
Slum Improvement and Resettlement Program (SIR), p. 875
Small and Medium Enterprise (SME), pp. 228, 234
Small and medium scale industries, importance of, p. 1053
Small farmers and fisherfolk, p. 228
Small property owners, p. 875
Small watershed areas, p. 1012
Small-scale commercial fishing, p. 537
Small-scale miners, pp. 324, 326
Small-scale mining contract, pp. 324, 326
Small-scale mining contractor, p. 324
Small-Scale Mining Program (Presidential Decree No. 1899), p. 321
Small-scale mining, definition of, pp. 322, 324
Small-scale mining, pp. 343, 1012
Smoke-belching vehicles, p. 1223
Smoking and non-smoking areas, p. 1150
Smoking in public places, p. 1150
Smoking, p. 1149
Smuggling of logs, p. 1002
Smuggling of natural resources products and of endangered species of flora and fauna,
p. 1002
Social acceptability, p. 123
Social justice, inter and intra-generational and spatial equity, p. 1042
Socialized housing and resettlement projects, livelihood component of, p. 881
Socialized housing program beneficiaries, eligibility criteria for, p. 880
Socialized housing tax, p. 887
Socialized housing, disposition of lands for, p. 879
Socialized housing, identification of sites for, p. 878
1327
SUBJECT-INDEX
Socialized housing, incentives for private sector participating in, p. 880

Socialized housing, limitations on the disposition of lands for, p. 879
Socialized housing, pp. 875, 879
Socialized housing, valuation of lands for, p. 879
Socialized Industrial Forest Management Agreement (SIFMA), p. 318
Socializing housing beneficiaries, registration of, p. 880
Socially and environmentally conscious business groups, p. 1041
Socio-culturally sound, p. 228
Soil conservation, management policy on, p. 24
Soil erosion, p. 24
Solar, wind, and tidal energy, p. 24
Solid waste disposal and management, p. 1023
Solid waste disposal, p. 1014
Solid waste facilities, p. 804
Solid waste facility capacity and final disposal, p. 810
Solid waste generation and management techniques, p. 799
Solid Waste Management Act (RA 9003), pp. 25, 179, 789
Solid waste management facility construction and expansion, p. 815
Solid waste management facility, p. 795
Solid Waste Management Fees, authority to collect, p. 822
Solid Waste Management Fund, p. 821
Solid Waste Management Law, p. 789
Solid Waste Management Problems, p. 819
Solid Waste Management, financing of, p. 821
Solid waste management, pp. 795, 809
Solid Waste Management, research on, p. 826
Solid Waste Management, Sanitation, and Hygiene, p. 789
Solid Waste, collection of, p. 812
Solid waste, p. 794
Solid Waste, transport of, p. 812
Solidary liability, p. 88
Source reduction, pp. 795, 807, 810
Source separation, p. 795
Spanish Law on Waters, pp. 662, 667, 668
Spare parts, p. 608
Sparsely occupied public agricultural lands, p. 303
Special aggravating circumstances, p. 748
Special Agrarian Courts, p. 306
Special Areas of Concern (CARP), p. 302
Special Damages, p. 85
Special Land Uses within Protected Area, p. 320
Special Private Land Timber Permit (SPLTP), p. 321
Special schools, p. 848
1328
SUBJECT-INDEX
Special schools, requirements for, p. 849

Special training projects for women, p. 252
Special Tree Cutting Permit (STCP), p. 321
Special waste component, p. 810
Special wastes, pp. 795, 812
Speleothem, p. 129
Sponsorship, p. 1149
Squatting in open dumps and landfills, p. 823
Squatting syndicates, p. 876, 883
Sta. Ana Site Museum in Manila, p. 925
Standards and requirements for segregation and storage of solid waste pending
collection, p. 812
Standards for weights, volume and other measurements for all fishery transactions, p.
557
State acting through a special agent, liability of, p. 87
State fisheries school/colleges, upgrading of, p. 572
State responsibility, p. 1074
State sovereignty, p. 1074
State witness, p. 1182
Statement of Assets and Liabilities, pp. 1188, 1198
Stationary source, p. 485
Stationary sources of pollution, p. 494
Sto. Niño church and convent, in Cebu City, p. 925
Stockholm Declaration of the United Nations Conference on the Human Environment
(June 16, 1972), p. 1076
Stolen or embezzled and other proceeds or fruits of the offense, p. 1228
Stone Agricultural Calendars of Dap-ay Guiday in Besao, Bontoc, p. 925
Stop and frisk, p. 1227
Storage, p. 795
Storm surges, p. 24
Strategic Agriculture and Fisheries Development Zones (SAFDZ), pp. 228, 229, 232
Strategic Environmental Plan (SEP) for Palawan Act, p. 121, 122, 123
Strategic Environmental Plan Philosophy, p. 123
Strategic Lawsuits Against Public Participation (SLAPP) suits, pp. 508, 826
Streptomycin, p. 1126
Strict nature reserve, pp. 112, 113
Strong Waste, p. 700
Strophantin, p. 1123
Structures in Navigable Waterways, p. 741
Strychnine, p. 1123
Subdivision and Condominium Buyer’s Protective Decree, p. 889
Subject matter of the offense, p. 1228
Subpoena duces tecum, p. 1063
1329
SUBJECT-INDEX
Subpoenas, p. 1063
Subsistence fishing, p. 302
Substance abuse, p. 1041
Substitution of parties, p. 1237
Subterranean Waters, p. 666
Sufficient standard test, p. 1251
Sulfonmethane, p. 1122
Sulphur hexafluoride (SF6), p. 1084
Summons, p. 1063
Superlight, p. 544
Superlights, Illegal use of in municipal waters, p. 568
Superlights, Illegal use of, p. 585
Supply data, p. 238
Supreme Court, p. 1
Surcharge, p. 1057
Surface run-off contamination, p. 804
Surface water, pp. 630, 818
Survey by unauthorized person, p. 163
Suspended Particulate Matter, p. 489
Sustainability, pp. 231, 232
Sustainable development, current and emerging landscape for, p. 1040
Sustainable development, pp. 122, 1074
Sustainable population, p. 1042
Sustainable traditional resource rights, p. 934
Sustainable use of harvested species, p. 1093
Sustained and environmentally sound development, p. 1089
Sustained Yield, p. 142
Sustained-yield management, p. 135
Suzuki Foundation, p. 1030
Swamplands and Mangrove Forests, p. 151
Sydney Harbor, p. 617
System Losses, p. 421
System of government, p. 1
System of incentives and rewards, p. 1197
Taguig, p. 1022
Tailings from mining operations, p. 656
Tank barge, p. 602
Tank vessel, p. 602
Task Force Camarin Dumpsite, p. 685
1330
SUBJECT-INDEX
Tax exemption of trees and products removed from public lands under a tree farm lease,
p. 160
Tax exemptions of forest products lawfully removed under gratuitous license, p. 160
Taxaphene, p. 1084
Teachers or heads of establishments of arts and trades, liability of, p. 87
Technology-forcing Standards, p. 508
Telecommunication facilities in priority areas, p. 240
Temperate or moderate damages, pp. 79, 82, 83
Temporary Restraining Orders, p. 1110
Tenant Emancipation Decree (P.D. 27, 1972), p. 283
Tenement house, p. 857
Tenured migrant communities, p. 113
Terms and Conditions of Permit or Agreements, violation of, p. 355
Terrestrial Component: Management Scheme and Zonation, p. 124
Territorial Baselines of the Philippine Archipelago (R.A. 3046), p. 528
TESDA, pp. 243, 245, 252, 253
Theft of Electric Power Transmission Lines and Materials, p. 417
Threatened Species, p. 213
Three realms economy, p. 1042
Thyroid, p. 1123
Tiboli family, p. 956
Tiboli woman, p. 949
Tidal barriers, p. 1053
Tidal swamps, p. 552
Timber cut in forest land, charges on p. 159
Timber Inventory, pp. 143, 151
Timber License Agreements (TLAs), pp. 167, 178, 318
Timber license not a right, p. 166
Timber license, pp. 175, 176
Timber Rights, p. 348
Timber stand improvement, p. 23
Timber, mode of measuring of, p. 158
Time immemorial, p. 934
Tirad Pass in Cervantes, Ilocos Sur, p. 925
Tobacco grower, p. 1149
Tobacco grower’s assistance program, p. 1158
Tobacco growers cooperative, p. 1158
Tobacco products, p. 1149
Tobacco Regulation Act of 2003, p. 1147
Tobacco, p. 1149
Tolerance level, p. 263
Toll Regulatory Board, p. 1052
Tongonan Geothermal Reservation, pp. 401, 402
1331
SUBJECT-INDEX
Tonsorial and beauty establishments, correct sanitary practices of, p. 855

Tonsorial and beauty establishments, definition of, p. 855
Tonsorial and beauty establishments, requirements of, p. 855
Topography, p. 140
Total Allowable Catch (TAC), pp. 535, 544, 1086
Tourism development, p. 752
Toxic amount, p. 630
Toxic and Hazardous Wastes Act, p. 2
Toxic substances and hazardous wastes, scope of, p. 50
Toxicity, p. 1084
Traditional and alternative health care, p. 1140
Traditional and alternative health care, promotion of, p. 1145
Traditional and Alternative Medicine Act (TAMA) of 1997, p. 1139
Traditional healers, p. 1141
Traditional medicine, p. 1140
Training of workers in coastal resources management and sustainable fishing
techniques, p. 252
Transboundary environmental disputes, principles relating to, p. 1074
Transfer of a government unit, p. 70
Transfer Stations, guidelines for, p. 813
Transfer stations, p. 795
Transition Phase, p. 412
Transport and traffic management, p. 1023
Trawl, p. 544
Treasure hunting, p. 931
Treasure, p. 931
Treatment works, p. 35
Treatment, p. 630
Treaty of Paris, p. 528
Tree farm, pp. 135, 147, 148, 149
Tree parks, p. 1008
Tree planting with easement of two meters, p. 96
Tribal Ancestral Lands, p. 125
Tribal land areas, p. 122
Tsunamis, p. 24
Tubbataha Reef Marine Park (1993), p. 1091
Typhoons, p. 24
Ultimate test: full State control (In Mining), p. 361

UN Framework Convention on climate change, p. 1082
Unauthorized fishing or engaging in other unauthorized fisheries activities, p. 565
1332
SUBJECT-INDEX
Unclaimed remains for medical studies and scientific research, use of, p. 869
Uncounseled confession, p. 1226
Underdeck tonnage, p. 541
Underprivileged and homeless citizens, p. 876
Undertaker, p. 866
Undertakers and embalmers, licensing and registration procedures of, p. 868
Undertaking, p. 866
Undiscovered mineral deposits, exploration of p. 25
Unexplained wealth, p. 1189
Unfair competition, protection from, p. 223
United Nations Conference on Environment and Development, pp. 1078, 1079
United Nations Conference on the Human Environment (June 16, 1972), p. 1076
United Nations Convention on the Law of the Sea, p. 1086
United Nations Convention on the Law of the Sea, requirements of, p. 1088
United Nations Educational, Scientific and Cultural Organization (UNESCO), p. 1090
United Nations, p. 939
United States Pharmacopoeia, p. 1115
Universal Charge, p. 423
Universal Declaration of Human Rights, p. 939
Unlawful detention, p. 1230
Unlawful obstruction or delay in the inspection and/or movement of fish and fishery
products when such inspection and movement are authorized, p. 585
Unlawful occupation or destruction of forest lands and grazing lands, p. 161
Unreasonable risk, p. 51
Unregistered or abandoned lands, p. 876
Upland Development Program (UDP), p. 317
Urban and Housing Development Act of 1992, p. 888
Urban areas, p. 876
Urban Development and Housing Act of 1992, pp. 873, 895
Urban development and housing program, p. 873
Urban ecosystem, p. 1044
Urban forests, p. 1016
Urban housing, coverage and exemptions, p. 876
Urban Land Reform Program, p. 889
Urban poor, p. 1045
Urban renewal and resettlement, p. 882
Urban renewal, zoning, and land use planning, and shelter services, p. 1023
Urban rural interdependence, p. 886
Urbanizable areas, p. 876
Urbanization trends, p. 1041
Use of active gear in municipal waters and bays and other fishery management areas,
p. 584
Use/Development of Facilities Inside Protected Area, p. 320
1333
SUBJECT-INDEX
User fee rates, adjustment of, p. 1063

User fee, p. 1057
User fees for liquid waste discharges, p. 1062
User fees payment scheme, p. 1059
User fees, assessment of, p. 1059
User fees, surcharges and credits on, p. 1059
Utensils, washing of, p. 842
Utilization of man’s environment, p. 1078
Valenzuela, p. 1022
Valid and Existing Mining Claims and Lease/Quarry Application, Recognition of, p. 357
Value-added tax, p. 609
Variable fee, p. 1057
Variable fees, schedule of, p. 1062
Vermin abatement program, p. 860
Vermin Control, p. 840, 860
Vermin, definition of, p. 841
Vermin, p. 860
Vessel Importation, p. 615
Vessel sanitation, pp. 858, 859
Vessel, p. 60
Veterans and retirees, p. 303
Viable, sound, and broad based economic development, p. 1042
Vienna Convention on the Protection of the Ozone Layer, p. 1081
Vigan, historic town of (1999), p. 1091
Visayan Sea, p. 620
Volumetric rate of discharge, p. 1058
Voluntary Land Transfer (CARP), p. 295
Voluntary Offers for Sale (CARP), p. 295
Vulnerable Species, p. 213
Warning on cigarette packages, p. 1151

Warning, p. 1150
Warrantless search of a fishing vessel, p. 590
Washed utensils, handling of, p. 842
Washed utensils, storage of, p. 842
Waste characterization, pp. 807, 811
Waste diversion, p. 796
Waste Management Facilities, p. 815
1334
SUBJECT-INDEX
Waste reduction, p. 804

Waste Treatment and Disposal Facilities, p. 820
Waste, p. 630
Wastes, definition of, p. 1095
Wastes, requirements for movement of, p. 1096
Wastewater Charge System, p. 635
Wastewater, p. 630
Water body, p. 630
Water Classification (DENR Admin. Order No. 34-90), p. 690
Water Code of the Philippines, pp. 90, 526, 621, 623, 647, 665, 666, 667
Water Examinations Required, p. 835
Water for domestic purposes, pp. 626, 648, 661
Water for fisheries, pp. 626, 648, 661
Water for industrial purposes, pp. 626, 648, 661
Water for irrigation, pp. 626, 648, 661
Water for livestock raising, pp. 626, 648, 661
Water for power generation, pp. 626, 648, 661
Water for recreational purposes, pp. 626, 648, 661
Water permits, pp. 650, 659, 660
Water Pollution Permits and Charges, p. 635
Water Pollution, p. 630
Water Quality Criteria for Fresh Waters, p. 692
Water Quality Criteria, p. 690
Water quality guidelines, p. 630
Water Quality Management Area Action Plan, pp. 630, 637
Water Quality Management Fund, p. 636
Water Quality Management System, p. 631
Water quality standard, p. 28
Water quality surveillance, p. 28
Water Quality Variance for Geothermal and Oil and Gas Exploration, p. 634
Water Quality, pp. 28, 630, 671
Water Quality, protection and improvement of, p. 20
Water quality, upgrading of, p. 20
Water Rights over Laguna de Bay and Other Bodies of Water within the Lake Region,
p. 682
Water rights, p. 349, 650, 659, 671
Water samples, p. 836
Water shortage, p. 651
Water supply system for agro-industrial uses, p. 240
Water supply, p. 835
Water supply, sewerage, drainage, and related facilities, p. 1053
Water, value of, p. 618
Waters of private ownership, use of, p. 665
1335
SUBJECT-INDEX
Waters, appropriation of, p. 648

Waters, control of, p. 653
Waters, ownership of, p. 647
Waters, p. 524
Waters, utilization of, p. 651
Watershed areas, pp. 58, 231, 823, 831
Watershed management, p. 752
Watershed rehabilitation and management, p. 423
Watershed reservation, p. 134
Watersheds, pp. 134, 655, 1008, 1047
Waterways and seashores, p. 526
Waterways, p. 741
Whale Shark, pp. 577, 578, 586
Whales, p. 586
When the plaintiff’s own negligence was the immediate and proximate cause of his
injury, p. 86
White goods, p. 796
Wholesale Posted Price (WPP), pp. 405, 412
Wild Fauna, international trade of, p. 1091
Wild Flora, international trade of, p. 1091
Wilderness Act of the United States of America, p. 125
Wilderness, p. 951
Wildlife resources, destruction of, p. 163
Wildlife sanctuaries, pp. 112, 113, 951
Wildlife, collection of, p. 189
Withdrawal clinics, p. 1158
Witness Protection, Security and Benefit Act, p. 1179
Witness, rights and duties of, p. 1211
Women’s rights, p. 15
Wood Industry, p. 145
Wood Products, sale of, p. 164
Wood Recovery Permit (WRP), p. 320
Wood Wastes, Weed Trees, and Residues, p. 146
Workers in the informal sector, p. 1045
World Bank’s 1989 operational directive on environmental assessment, p. 1102
World Charter for Nature (Charter) guiding principles, p. 1078
World Charter on Nature, p. 1077
World Commission on Environment and Development (WCED), p. 1041
World Cultural and Natural Heritage, p. 1090
World Heritage Committee, p. 1090
World Heritage Fund, p. 1090
World heritage in danger, list of, p. 1090
World heritage list, p. 1090
1336
SUBJECT-INDEX
World heritage sites, p. 1091

World Trade Organization (WTO), pp. 232, 394
World Trade Organization, agreement establishing the, p. 1101
X-ray film badges or pocket decimeters, p. 852
Yard Waste, p. 796
Zonal Improvement Program (ZIP), p. 876

Zoning ordinance, pp. 228, 230
——o0o——
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A LEGAL ARSENAL

FOR THE PHILIPPINE

ANTONIO A. OPOSA, JR.

CENTRAL BOOK SUPPLY, INC.

ANTONIO A. OPOSA, JR.

All Rights Reserved

Series No. ______________

ISBN NO. 978-971-691-621-8

CENTRAL BOOK SUPPLY, INC.

CHAPTER 1: TOUR OF THE LEGAL HORIZON

GOVERNMENT AND LEGAL SYSTEM

Social Justice and Human Rights (Article XII)..................................................... 16

Procedure for Abatement of Nuisance ......................................................... 86

CHAPTER II: LAND

Replevin in Motor Vehicles Impounded by the DENR................................. 191

Allocation/Tenure Instruments in Production Forest Lands .............................. 347

CHAPTER III: AIR

CHAPTER IV: WATERS

Fishery Privileges .......................................................................................... 601

CHAPTER V: HUMAN HABITAT

CIVIL CODE PROVISIONS ON HIDDEN TREASURES (RA 386)

CHAPTER VI: LOCAL GOVERNANCE

CHAPTER VII: THE ECONOMICS OF ECOLOGY

CHAPTER VIII: INTERNATIONAL COMMITMENTS

CHAPTER IX: MISCELLANEOUS LAWS

Complaint-Affidavit .............................................................................................. 1233

Government and Legal System

Overview of the System of Government

During the period known as the

Nature is the book of which God is the Author. — Harvey

RELEVANT PROVISIONS OF THE 1987 CONSTITUTION

Declaration of Principles and State Policies

Right to Health is Paramount Over Presumed Economic Benefits

Facts: In 1996, NAPOCOR began the construction of 29 decagon-shaped steel

Presidential Decree No. 1818 provides:

Eduardo F. Hernandez, et al. vs. National Power Corporation

Right to a Balanced Ecology

Right to Due Process of Law

SECTION 1. No person shall

SEC. 2. The right of the peo-

Right of Access to Information

Firepower in the Legal Arsenal

Right of Access to Information

The right to information on matters of public concern is applicable and enforceable

a. to furnish them with the list of names of Batasan members belonging to

The Right to Information is Not Discretionary

Information of public concern is a demandable right. Government officials have no

National Economy and Patrimony

State Ownership of Natural Resources

Lands of Public Domain and Classification

Social Function of Property

Social Justice and Human

Ecological Considerations in Agra-

SEC. 4. The State shall, by

Preferential Use of Marine Resources for Subsistence Fishermen

Health Care and Regulation

Role and Rights of People’s Organizations

SEC. 23. The State shall encourage nongovernmental, community-based, or sec-

General Environmental Laws

Whereas, the individual and, at times, conflicting demands of population growth,

technological advances have resulted in a piece-meal approach concept of environmental

Philippine Environment Code

Title I—Air Quality Management