LAW ON NATURAL RESOURCES REVIEWER Black’s Resources Law Definition of Natural

Black’s first definition in his 7th ed. is “any material from nature having potential economic value or providing for the sustenance of life, such as timber, minerals, oil, water and wildlife.” The second definition is “environmental features that serve a community’s well-being or recreational interests, such as parks.” Black’s (Sixth edition, 1990), defined natural resources as “any material in its native state which when extracted has economic value.” Basically it states that for a substance or feature to be classified as a natural resource, it must offer potential or actual economic value, creating wealth. Definition Websites of Natural Resources : Other

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 productionsharing agreements with Filipino citizens, or corporations or associations at least sixty per centum 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 nation's marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens. The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, as well as cooperative fish farming, with priority to subsistence fishermen and fish- workers in rivers, lakes, bays, and lagoons. The President may enter into agreements with foreign-owned corporations 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 Concept of Jure Regalia (Regalian Doctrine) This principle means that all natural wealth agricultural, forest or timber, and mineral lands of the public domain and all other natural resources belong to the State. Thus, even if the private person owns the property where minerals are discovered, his ownership for such does not give him the right to extract or utilize said minerals without permission from the state to which such minerals belong. The abovementioned provision provides that except for agricultural lands for public domain which alone may be alienated, forest or timber, and mineral lands, as well as all other natural resources must remain with the State, the exploration, development and utilization of which shall be subject to its full control and supervision albeit allowing it to enter into coproduction, joint venture or production-sharing agreements, or into agreements with foreign-owned corporations involving technical or financial assistance for large-scale exploration, development, and utilization

Natural resource is any naturally occurring substance or feature of the environment (physical or biological) that, while not created by human effort, can be exploited by humans to satisfy their needs or wants. Many of such resources are our life line such as water, air and solar radiation, which are essential elements for the existence of all the flora and fauna. Two basic conditions for a substance or feature to be classified as a natural resource: First, the resource must exist naturally in the environment; that is, not synthetically produced by human beings, such as in a laboratory or factory. Second, the resource must be able to be exploited by humans to directly satisfy a need or want. Natural resources may either be: a) Biotic resources which are derived from biosphere such as the forests, marine organism, animals, birds and their products including mineral fuels come in this category, or b) Abiotic which includes water, air, land and elemental ores such as gold, silver, copper, iron etc. It may also be either be renewable and nonrenewable resources. A renewable resource grows again or comes back again after we use it. For example, sunlight, water, and trees are renewable resources. A non-renewable resource is a resource that does not grow or come back, or a resource that would take a very long time to come back. For example, coal is a non-renewable resource. Regalian Doctrine Art XII, Sec. 2 of the 1987 Constitution

Cases 1. Facts: • Petitioners Isagani Cruz and Cesar Europa filed a case for prohibition and mandamus as citizen and taxpayers, assailing the constitutionality of certain provisions of the Indigenous Peoples Rights Act (IPRA) and its implementing Rules on ground that they amount to an unlawful deprivation of the State’s ownership over lands of public domain and minerals and other natural resources, in violation of the Regalian doctrine. o They likewise contend that providing an all-encompassing definition of “ancestral domain” and “ancestral lands” which might even include private lands within the areas violate the rights of private land owners. o Petitioners likewise contend that provisions of the IPRA defining the jurisdiction and powers of the NCIP violate due process of law. o Lastly, petitioners assail the validity of NCIP Administrative Order No. 1 which provides that the administrative relationship of the NCIP to the Office of the President (OP) as lateral and autonomous relationship for purposes of policy coordination, thereby infringing upon the President’s power of control over the executive department. A groups of intervenors, including Sen. Flavier, one of the authors of the IPRA and members of 112 groups of indigenous peoples prayed for the dismissal of the petition. The Commission of Human Rights likewise asserts that IPRA is an expression of the principle of parens patriae and that the State has the responsibility to protect the rights of the indigenous peoples. Cruz vs. Secretary of Environment and Natural Resource (2000)

A.

The Laws of Indies The “Regalian Doctrine” or jura regalia is a Western legal concept first introduced by the Spaniards through the Laws of Indies and the Royal Cedulas. All lands became the exclusive dominion of the Spanish Crown, and the Spanish Government took charge of distributing the lands by issuing royal grants and concessions to Spaniards. Private land titles can only be acquired from the government by purchase or other land grant from the Crown. The Law of Indies was followed by the Mortgage Law of 1893 which provided for the systematic registration of titles and deeds. The Maura Law of 1894 was the last Spanish law promulgated in the Philippines, which required the registration of all agricultural lands; otherwise the lands shall revert to the state.

B.

Valentin vs. Murciano This case answered the question of which is the better basis for ownership of land: longtime occupation or paper title. In this case, plaintiffs entered into peaceful occupation of the subject land while defendants ourchased the land in 1892. The Court ruled that from 1860 to 1892 there was no law in force in the Philippines by which plaintiffs could obtain ownership by prescription, without any action of the State, otherwise the same shall remain the property of the State. Thus, it required settlers on public lands to obtain titles deeds from the State.

C.

Public Land System

Acts

and

the

Torrens

Decision: The votes of the Court are split where 7 voted to dismiss the petition and 7 voted to grant. As the votes were equally divided and the necessary majority was not obtained, the petition was dismissed.

Act No. 926, the first Public Land Act, was passed in pursuance with the Philippine Bill of 1902, governing the disposition of land of public domain. It prescribe rules for the homesteading, selling and leasing of portions of the public domain, and to enable persons to perfect their titles to public lands. It also provided for the issuance of patents to certain native settlers upon public lands. Act No. 926 was superseded by the Act 2874, the second Public Land Act, passed under the Jones Law. it limited the exploitation of agricultural lands to Filipinos and Americans and citizens of other

SEPARATE OPINION (Justice Puno)

I.

The Development of the Regalian Doctrine in the Philippine Legal System

countries which gave the Filipinos the same privileges. It was amended by Commonwealth Act No. 141which remains the present Public Land Law. Grants of public land were brought under the operation of the Torrens System under Act 496 which placed all public and private lands in the Philippines under the Torrens system, requiring that the government issue an official certificate of title attesting to the fact that the person named is the owner of the property described.

pueblos where church would be constructed. All the new Christian converts were required to construct their house around the church. All lands lost by the old barangays in the process of pueblo organization and all lands not assigned to the pueblos were declared to be lands of the Crown., and the natives were stripped of their ancestral rights to the lands. The American government classified the Filipinos into two: Christian Filipinos and non-Christian Filipinos, not to religious belief, but to geographical area, the latter referring to natives of the Philippines of a low grade of civilization, usually living in tribal relationship. The Americans pursued a policy of assimilation. They passed Act No. 253 creating the bureau of NonChristian Tribes to determine the most practicable means for bring about their advancement. The 1935 Constitution did not carry any policy on the non-Christian Filipinos. It was in the 1973 Constitution that the State recognized the customs and interest of national cultural communities in the formulation of state policies. In 1974, President Marcos promulgated PD 410 or the Ancestral Lands Decree, providing for the issuance of land occupancy certificates to members of the national cultural communities. The Aquino government shifted from the policy of integration to one of preservation. She created the Office of Muslim Affairs, Office of Northern Cultural Communities and the Office for Southern Cultural Communities all under the OP. The 1987 Constitution expressly guaranteed the rights of tribal Filipinos to their ancestral domain and ancestral lands.

D.

The Philippine Constitutions The Regalian Doctrine was enshrined in the 1935, 1973 and 1987 Constitutions which basically states that all lands of the public domain as well as natural resources, whether on public or private land, belong to the State. It is this concept of state ownership that petitioners claim is being violated by the IPRA.

II.

The Indigenous Peoples Rights Act The IPRA recognizes the existence of the indigenous cultural communities or indigenous peoples as a distinct sector. It grants these people the ownership and possession of their ancestral domains and ancestral lands, and defines the extent of these lands and domains. Within their ancestral domains and lands the ICCs/IPs are given the right to self-governance and right to preserve their culture. To carry out the policies of the ACT, the law created the National Commission on Indigenous Peoples (NCIP)

III. A.

A.

THE PROVISIONS OF THE IPRA DO NOT CONTRAVENE THE CONSTITUTION

Indigenous Peoples Ancestral Domains and Ancestral Lands are the Private Property of the Indigenous Peoples and do not constitute Part of the Land of Public Domain Ancestral domains are all areas belonging to ICCs/IPs held under a claim of ownership, occupied or possessed by ICCs/IPs since time immemorial, continuously until the present except when interrupted by war or force majeure. It comprises of lands, inland waters, coastal areas, and natural resources therein and includes ancestral lands, forests, pastures, hunting grounds, burial grounds, and bodies of water, mineral and other natural resources. Ancestral lands are lands held by the ICCs/ IPs under the same conditions as ancestral domains except that these are limited to lands, not merely occupied and possessed but are also

Indigenous Cultural Communities or Indigenous Peoples (ICCs/ IPs) refer to a group of people who have continuously lived as an organized community on communally bounded and defined territory. These groups of peoples have actually occupied, possessed and utilized their territories under claim of ownership since time immemorial. Their unit of government is the barangay. In a baranganic society, the chiefs administered the lands in the name of the barangay, there was no private property in land. When Islam was introduced in the country in the archipelago of Maguindanao, the Sultanate of Sulu claimed jurisdiction over territorial areas. When Spaniards settled in the Philippines, Spanish missionaries were ordered to establish

in the name of the community. Carino was cited by succeeding cases to support the concept of acquisitive prescription under the Public Land Act • • • Other Separate Opinions: Justice Kapunan Regalian theory doesn’t negate the native title to lands held in private ownership since time immemorial. through then Executive Secretary Ruben Torres. Public Estates Authority (2002)1 The Phil gov’t (through the Commissioner of Public Highways) signed a contract with the CDCP (Construction and Development Corporation of the Philippines) to reclaim certain foreshore and offshore areas of Manila Bay and for the construction of the Manila-Cavite Coastal Road. Mateo Cariňo went to the Court of Land Registration to petition his inscription as the owner of a 146 hectare land he’s been possessing in the then municipality of Baguio. Justice Puno: Carino case firmly established a concept of private land title that existed irrespective of any royal grant from the State and was based on the strong mandate extended to the Islands via the Philippine Bill of 1902. Pres. Thereafter. which were part of these lands acquired by PEA. a private corporation." Thus the Senate Committees investigated on the matter and concluded (1) the reclaimed lands PEA seeks to transfer to AMARI under the JVA are lands of the public domain which the government has not B. 3517. approved the JVA. The IPRA recognizes the existence of ICCs/IPs as a distinct sector in the society. Pres. Cariño enunciated the legal presumption that ancestral lands and domains were not part of the public domain. granting and transferring to PEA “the parcels of land so reclaimed under the MCCRRP”. and never to have been public land. 1903.” Existence of native titie to land. then President Fidel V. 1995. to develop the Freedom Islands. o However. The CLR ruled in favor of Mateo.utilized. LOCAL GOVERNMENT. having maintained their character as private lands of the indigenous peoples since time immemorial Why Carino doctrine is unique? Carino is the only case that specifically recognizes native title. . or ownership of land by Filipinos by virtue of possession under a claim of ownership since time immemorial and independent of any grant from the Spanish crown as an exception to the theory of jure regalia 1 • • • Two subsequent motions for reconsideration was filed and were denied. It grants this people the ownership and possession of their ancestral domains and ancestral lands and defines the extent of these lands and domains 2. Parañaque City. A TCT was also issued in the name of PEA covering 3 reclaimed islands known as the "Freedom Islands" (157. rice terraces. the NCIP issues a Certificate of Land Title (CALT). The court laid down the presumption of a certain title held as far back as memory went and under a claim of private ownership. Mateo averred that a grant should be given to him by reason of immemorial use and occupation. The State appealed. or paddies.84 hectares) located at the southern portion of the Manila-Cavite Coastal Road. but simply to establish it”. Carino vs. private forests. The State opposed the petition averring that the land is part of the US military reservation. 1084 creating PEA (Public Estates Authority) and transferred to it the ‘lands’ reclaimed in Manila Bay for the Manila-Cavite Road and Reclamation Project (MCCRRP). Aquino issued Special Patent No. Facts: • Chavez vs. then Senate President Maceda delivered a privilege speech denouncing the JVA as the "grandmother of all scams. Mateo lost. 1996. Land held by this title is presumed to never have been public land. o PEA and AMARI entered into the JVA through negotiation without public bidding. adverting to the landmark case of CARINO V. In a nutshell. On November 29. Mateo only presented possessory information and no other documentation. Ramos. The CALTs and CADTs shall be registered in the Register of Deeds in the place where property is situated.D. Marcos issued P. including residential lots. Insular Government On June 23. Ancestral Lands outside the ancestral domain. On June 8. The registration requirement was not to “confer title. The delineation of ancestral domains and lands is conferred on the NCIP who shall issue a Certificate of Ancestral Domain (CADT) upon finding that the application is meritorious. PEA entered into a Joint Venture Agreement (JVA) with AMARI (AMARI Coastal Bay and Development Corporation). The US SC ruled in favor of Carino and ordered the registration of the subject lands in his name. the JVA also required the reclamation of an additional 250 hectares of submerged areas surrounding these islands to complete the configuration in the Master Development Plan of the Southern Reclamation ProjectMCCRRP. where the US SC through Holmes held: “xxx the land has been held by individuals under a claim of private ownership. it will be presumed to have been held in the same way from before the Spanish conquest.

The government can make such classification and declaration only after PEA has reclaimed these submerged areas. the government can classify the reclaimed lands as alienable or disposable.34 hectares of the Freedom Islands. contracts whose "object or purpose is contrary to law. filed the instant Petition for Mandamus with Prayer for Issuance of a Writ of Preliminary Injunction and TRO. AMARI will acquire and own a maximum of 367. and (3) the JVA itself is illegal.559 square meters contiguous to the three islands." are "inexistent and void from the beginning. the transfer of such reclaimed alienable lands of the public domain to AMARI will be void in view of Section 3. "[T]hree partially reclaimed and substantially eroded islands along Emilio Aguinaldo Boulevard in Paranaque and Las Pinas. (2) the certificates of title covering the Freedom Islands are thus void.15 hectares of submerged areas of Manila Bay remain inalienable natural resources of the public domain until classified as alienable or disposable lands open to disposition and declared no longer needed for public service.156 hectares of still submerged areas of Manila Bay." and 3. Only then can these lands qualify as agricultural lands of the public domain. 3. Issue: Whether the stipulations in the Amended Joint Venture Agreement or the transfer to AMARI of certain lands reclaimed and still to be reclaimed violate the 1987 Constitution.• • classified as alienable lands and therefore PEA cannot alienate these lands. Metro Manila. Estrada. such transfer is void for being contrary to Section 3. and therefore declares the Amended JVA null and void ab initio. Article XII of the 1987 Constitution which prohibits private corporations from acquiring any kind of alienable land of the public domain. now covered by certificates of title in the name of PEA. Article XII of the 1987 Constitution." 2.578. Under Article 1409 of the Civil Code." plus an option "granted to AMARI to subsequently reclaim another 350 hectares x x x. an additional 350 hectares more or less to regularize the configuration of the reclaimed area. Note: The Amended Joint Venture Agreement: The subject matter of the Amended JVA. "[A]nother area of 2. Only 157.5 hectares of reclaimed land which will be titled in its name. the Amended JVA violates glaringly Sections 2 and 3. In their present state. under the Amended JVA. Article XII of the 1987 Constitution which prohibits the alienation of natural resources other than agricultural lands of the public domain. Clearly. as a taxpayer. Decision: The SC summarized the conclusions as follows: . and the rest of the 592. consists of three properties. which was approved by Pres. the 592. Article XII of the 1987 Constitution which prohibits private corporations from acquiring any kind of alienable land of the public domain. Petitioner Frank Chavez. ownership of 77.84 hectares of the 750-hectare reclamation project have been reclaimed. Thereafter. The 592. PEA may only sell these lands to Philippine citizens. and further declare them no longer needed for public service." The Court must perform its duty to defend and uphold the Constitution.421." or whose "object is outside the commerce of men. 1. as stated in its second Whereas clause. are alienable lands of the public domain. PEA and AMARI signed an Amended Joint Agreement. 4. the Amended JVA covers a reclamation area of 750 hectares. which are the only natural resources the government can alienate." PEA confirms that the Amended JVA involves "the development of the Freedom Islands and further reclamation of about 250 hectares x x x. Still. 2. The 157. PEA may lease these lands to private corporations but may not sell or transfer ownership of these lands to private corporations. Since the Amended JVA seeks to transfer to AMARI. Indisputably. "[A]t AMARI's option as approved by PEA. a private corporation. namely: 1. with a combined titled area of 1. PEA may reclaim these submerged areas. Since the Amended JVA also seeks to transfer to AMARI ownership of 290. March 30. such transfer is void for being contrary to Section 2.441 square meters. 1999.84 hectares of reclaimed lands comprising the Freedom Islands. subject to the ownership limitations in the 1987 Constitution and existing laws.15 hectares of submerged areas are inalienable and outside the commerce of man.15 hectares are still submerged areas forming part of Manila Bay." In short.

o The latter together with the commercial area to be built on Smokey Mountain will be owned by RBI as enabling components. the Clean Air Act was passed by the legislature which made the establishment of an incinerator illegal. The reclaimed land as enabling component was increased from 40 hectares to 79 hectares. the Government shall compensate RBI for its actual expenses incurred in the Project plus a reasonable rate of return not exceeding that stated in the feasibility study and in the contract as of the date of such revocation. 2004. Smokey Mountain. (RBI) won the bidding process.3. which was supported by the issuance of Proclamation No. Whether respondents NHA and RBI have been granted the power and authority to reclaim lands of the public domain as this power is vested exclusively in PEA as claimed by petitioner 2. and construction of temporary housing units for the current residents on the cleared and levelled site. making the off-site dumpsite at Smokey Mountain necessary. respectively. the JVA was amended and restated (now ARJVA) to accommodate the design changes and additional work to be done to successfully implement the project. o During this time. 465 by President Ramos. If the project is revoked or terminated by the Government through no fault of RBI or by mutual agreement. On August 1. National Housing Authority (2007) On August 5. Issues: 1. a wasteland in Tondo. NHA prepared feasibility studies to turn the dumpsite into low-cost housing project. o RBI is expected to fully finance the development of Smokey Mountain and reclaim 40 hectares of the land at the Manila Bay Area. to be later reconstituted by President Estrada in MO No. thus. Facts: • Chavez vs. o During this time. 1998. then-President Cory Aquino issued Memorandum order No. On August 27. (MO) 161 approving and directing implementation of the Comprehensive and Integrated Metropolitan Manila Waste Management Plan. Whether respondent RBI can acquire reclaimed foreshore and submerged lands considered as alienable and outside the commerce of man Whether respondent RBI can acquire reclaimed lands when there was no declaration that said lands are no longer needed for public use 4. the SMDRP shall consist of Phase I and Phase II. Smokey Mountain Development and Reclamation Project (SMDRP). 33. came into place. 2003. filed an instant petition raising constitutional issues on the JVA entered by National Housing Authority and R-II Builders. o Then-President Ramos authorized NHA to enter into a Joint Venture Agreement with RBI. Inc. Notices of public bidding to become NHA’s venture partner for SMDRP were published in newspapers in 1992. levelling-off the dumpsite. o Phase I of the project involves clearing. As presented in MO 161. from which R-II Builders. or • • • • • • • • • • termination on a schedule to be agreed upon by both parties. o The same MO also established EXECOM and TECHCOM in the execution and evaluation of the plan.500 units of temporary housing were decreased to 2. . Subsequently. To summarize. On March 1. The revision also provided for the 119-hectare land as an enabling component for Phase II of the project. Thereafter. NHA reported that 34 temporary housing structures and 21 permanent housing structures had been turned over by RBI. RA 6957 (Build-Operate-Transfer Law) was passed on July 1990 declaring the importance of private sectors as contractors in government projects. Inc. are being made residence of many Filipinos living in a subhuman state. o The original 3. Manila.992. Whether respondents NHA and RBI were given the power and authority by DENR to reclaim foreshore and submerged lands 3. o Phase II involves the construction of a fenced incineration area for the on-site disposal of the garbage at the dumpsite. among others. 1988. the NHA and RBI executed a Memorandum of Agreement whereby both parties agreed to terminate the JVA and subsequent agreements. Under the JVA. the project was suspended. the project involves the clearing of Smokey Mountain for eventual development into a low cost housing complex and industrial/commercial site. Aquino proclaimed MO 415 applying RA 6957 to SMDRP. Due to the recommendations done by the DENR after evaluations done. former Solicitor General Francisco Chavez. cancellation. to be assisted by the Public Estates Authority (PEA).

Notwithstanding the need for DENR permission. the JVA had already been terminated by virtue of MOA between RBI and NHA. It is the right of the Filipino people to information on matters of public concerned as stated in Article II. 4. Facts: • 3. 9. Decision: 1. 6 of PD 757 clearly states that the NHA can acquire property rights • 8. 5. 2. and undertaken either by PEA or entity under contract of PEA or by the National Government Agency (NHA is a government agency whose authority to reclaim lands under consultation with PEA is derived under PD 727 and RA 7279). The moment to challenge has passed. 4. o She claimed to have acquired it from LID Corporation. 7. 39 that these are to be “disposed to qualified beneficiaries. the lands have been deemed to be no longer needed for public use as stated in Proclamation No. When the petitioner filed the case. 7 of the 1987 Constitution. 28. The bidding proper was done by the Bids and Awards Committee on May 18. who in turn had acquired it from Calderon. 7. Celestina Naguiat applied for registration of title to 4 parcels of land (located in Botolan. Furthermore. Sec. Despite not having an explicit declaration. o They claim that neither Naguiat nor her predecessors-in-interest have been in possession since 12 June 1945. Executive Order 525 reads that the PEA shall be primarily responsible for integrating. 39 and 465 by President Ramos. It must be noted that the reclamation of lands of public domain is reposed first in the Philippine President. Letter I of Sec. Republic of the Philippines (through the OSG) filed an opposition to the application. favourable recommendation of PEA (which were seen as a part of its recommendations to the EXECOM). This relief must be granted. There is no doubt that respondent NHA conducted a public bidding of the right to become its joint venture partner in the Smokey Mountain Project. that the muniments of title and tax payment receipts aren’t sufficient evidence of a bona fide acquisition of the lands. and interests and encumber or otherwise dispose of them as it may deem appropriate. Whether there is a law authorizing sale of reclaimed lands Whether the transfer of reclaimed lands to RBI was done by public bidding Whether RBI. when the lands were transferred to the NHA. the DENR is deemed to have granted the authority to reclaim in the Smokey Mountain Project for the DENR is one of the members of the EXECOM which provides reviews for the project. This does not mean that it shall be responsible for all. Zambales) with RTC Zambales. being the Solicitor General at the time SMDRP was formulated. 9. it was the President via the abovementioned MOs that originally authorized the reclamation. Sec. The requisites for a valid and legal reclamation project are approval by the President (which were provided for by MOs). that Naguiat’s Spanish title can no . being a private corporation. and coordinating all reclamation projects for and on behalf of the National Government. but did not do so. and Article III.” Furthermore. these lands have already been necessarily reclassified as alienable and disposable lands under the BOT law.5. Republic of the Philippines Celestina Naguiat (2006) vs. 1992. In addition. The reclaimed lands were classified alienable and disposable via MO 415 issued by President Aquino and Proclamation Nos. is barred by the Constitution to acquire lands of public domain Whether respondents can be compelled to disclose all information related to the SMDRP Whether the operative fact doctrine applies to the instant position 6. Moraga and Monje and their predecessors-in-interest who have been in possession for more than 30 years. 8. these were considered Patrimonial lands of the state. 6. had ample opportunity to question the said project. It was noted that notices were published in national newspapers. The properties and rights in question after the passage of around 10 years from the start of the project’s implementation cannot be disturbed or questioned. ECCs and Special Patent Orders were given by the DENR which are exercises of its power of supervision over the project. RA 6957 as amended by RA 7718 explicitly states that a contractor can be paid “a portion as percentage of the reclaimed land” subject to the constitutional requirement that only Filipino citizens or corporation with at least 60% Filipino equity can acquire the same. The petitioner. directing. by which it has the power to sell the same to any qualified person.

Naguiat was unable to provide sufficient evidence that such parcels of land are no longer a part of the public domain. which.the Stockholm Conference . it aimed to discuss the environment and development as one single issue. respondent submitted in evidence the survey map and technical descriptions of the lands. It calls for proof. for registration is alienable or disposable rests with the applicant. however long. Aside from tax receipts. Decision: No. in the context of both the Public Land Act and the Constitution classifying lands of the public domain into "agricultural. xxx” Under Section 2. the presumption that the land subject of an application Sustainable Development Sustainable Development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs (Brundtland Report).. Accordingly. Petitioner Republic of the Phils brought case to the CA. cannot be acquired by adverse occupation or possession. the onus to overturn. Article XII of the Constitution. as here. As to these assets. provided no information respecting the classification of the property. occupation thereof in the concept of owner. needless to state. i. Here. in particular the essential needs of the world's poor. Under Section 6 of the Public Land Act. xxx. the issue of whether or not Naguiat and her predecessor-in-interest have been in open. and the idea of limitations imposed by the state of technology and social organization on the environment's ability to meet present and future needs The Brundtland Report’s targets were multilateralism and interdependence of nations in the search for a sustainable development path. unless declassified and released by positive act of the Government so that they may form part of the disposable agricultural lands of the public domain. Public forest lands or forest reserves. the rules on confirmation of imperfect title do not apply. Whether or not the areas in question have ceased to have the status of forest or other inalienable lands of the public domain. exclusive and continuous possession of the parcels of land in question is now of little moment. In the case at bar. mineral lands and national parks. which embodies the Regalian doctrine. Forests. belongs to the Executive Branch of the government and not the court. from forest or mineral to agricultural and vice versa.• • • Issue: longer be availed of and finally." do not necessarily refer to a large tract of wooded land or an expanse covered by dense growth of trees and underbrush. the CA only granted the petition because it assumed that the lands in question are already alienable and disposable. As we stated in Heirs of Amunategui: “A forested area classified as forest land of the public domain does not lose such classification simply because loggers or settlers have stripped it of its forest cover.e.which had introduced environmental concerns to the formal political development sphere. RTC rendered a decision in favour of Naguiat and decreed the registration of said lands in her name. These documents are not sufficient to overcome the presumption that the land sought to be registered forms part of the public domain. unclassified land. All lands not appearing to be clearly of private dominion presumptively belong to the State. all lands of the public domain belong to the State – the source of any asserted right to ownership of land. It contains within it two key concepts:   the concept of 'needs'. respondent never presented the required certification from the proper government agency or official proclamation reclassifying the land applied for as alienable and disposable. the prerogative of classifying or reclassifying lands of the public domain. that said lands are part of the public domain and not subject of private appropriation. CA affirmed RTC decision. Matters of land classification or reclassification cannot be assumed. public lands not shown to have been reclassified or released as alienable agricultural land or alienated to a private person by the State remain part of the inalienable public domain. by incontrovertible evidence. forest or timber. cannot ripen into private ownership and be registered as title. Needless to stress. It is a pattern of resource use that aims to meet human needs while preserving the environment so that these needs can be met not only in the present. Our Common Future placed environmental issues firmly on the political agenda. to which overriding priority should be given. Parcels of land classified as forest land may actually be covered with grass or planted to crops by kaingin cultivators or other farmers. but also for generations to come. are not capable of private appropriation. The classification is merely descriptive of its legal nature or status and does not have to be descriptive of what the land actually looks like. which is found by the SC to not be in this case. The report sought to recapture the spirit of the United Nations Conference on the Human Environment . Therefore. For. . "Forest lands" do not have to be on mountains or in out of the way places.

the Supreme Court upheld the empowerment of the Laguna Lake Development Authority to protect the inhabitants of the Laguna Lake Area from the deleterious effects of pollutants coming from garbage dumping and the discharge of wastes in the area as against the local Agenda 21: an action plan of the United Nations (UN) related to sustainable development and was an outcome of the United Nations Conference on Environment and Development (UNCED) held in Rio de Janeiro. whereas almost all the other provisions in the Article are not self-executing but need implementing legislation to make them effective. As a matter of fact. appeal to it has been recognized as conferring “standing” on minors to challenge logging policies of the government (Oposa vs. and major groups in every area in which humans directly affect the environment. as worded. government and the polity. It refers to the "interdependent and mutually reinforcing pillars of sustainable development as economic development. in 1992. CA) While the right to a balanced and healthful ecology is to be found under the Declaration of Principles and State Policies and not under the Bill of Rights. The right to a balanced and healthful ecology carries with it the correlative duty to refrain from impairing the environment. nationally and locally by organizations of the UN. Rio+5: In 1997. autonomy claim of local governments in the area (Laguna Lake Development Authority vs. social and economic developments must be carried out in a way that is environmentally and ecologically sound. From this perspective. it does not follow that it is less important than any of the civil and political rights enumerated in the latter. polity. The provision. the Rio Declaration and to the establishment of the Commission on Sustainable Development. where 178 governments voted to adopt the program.The publication of Our Common Future and the work of the World Commission on Environment and Development laid the groundwork for the convening of the 1992 Earth Summit and the adoption of Agenda 21. Article II. the UN General Assembly recognized that environmental problems were global in nature and determined that it was in the common interest of all nations to establish policies for sustainable development. ensuring the continual rejuvenation and availability of natural resources for future generations. 16 provide for enforceable rights? Yes. Development of Agenda 21: The full text of Agenda 21 was revealed at the United Nations Conference on Environment and Development (Earth Summit). these basic rights need not even be written in the Constitution for they are assumed to exist from the inception of humankind. held in Rio de Janeiro on June 13. culture. The number 21 refers to an agenda for the 21st century. and Nature. consultation and negotiation. Factoran). AGENDA 21 Commission [formally the World Commission on Environment and Development (WCED)]: It was known by the name of its Chair Gro Harlem Brundtland (former Norwegian Prime Minister). In addition. 1992. and was convened by the United Nations in 1983. The final text was the result of drafting. Hence. Section 16 has been recognized by the Supreme Court as selfexecuting like the provisions in the Bill of Rights. The commission was created to address growing concern "about the accelerating deterioration of the human environment and natural resources and the consequences of that deterioration for economic and social development. Does Sec. Sustainable development is viewed as the mutually beneficial interaction between the legitimate interests of business and the economy." In establishing the commission. Sec. economy. involving no less than seven dimensions. five dimensions of sustainable development are clearly visible. Section 16 is unusual among those found in Article II in that. Brazil. the General Assembly of the UN held a special session to appraise five years of progress on the implementation of Agenda 21 (Rio . 16 of 1987 Constitution 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. On this basis too. and environmental protection. and civil society and culture. As the goal of sustainable development is to permanently improve the living conditions of human beings. and environmental conservation and protection. Seven Dimensions of Sustainable Development : From the Philippine Agenda 21 From the Philippine perspective sustainable development is a multidimensional concept. key contributions of Our Common Future to the concept of sustainable development include the recognition that the many crises facing the planet are interlocking crises that are elements of a single crisis of the whole and of the vital need for the active participation of all sectors of society in consultation and decisions relating to sustainable development. social development. beginning in 1989 and culminating at the two-week conference. recognizes an enforceable “right”. Sustainable development ensures the well-being of the human person by integrating social development. governments. It may also refer to the number on the UN's agenda at this particular summit. These are—the human being. It is a comprehensive blueprint of action to be taken globally. economic development.

alongside achievement of the Millennium Development Goals and other international agreements. Implementation by member states remains essentially voluntary. national. Section I: Social and Economic Dimensions .Includes the roles of children and youth. women. 1. education. Implementation: The Commission on Sustainable Development acts as a high level forum on sustainable development and has acted as preparatory committee for summits and sessions on the implementation of Agenda 21. regional and local levels. Agenda 21 for culture: During the first World Public Meeting on Culture. widening inequalities in income and a continued deterioration of the global environment. technology transfer. Section II: Conservation and Management of Resources for Development Includes atmospheric protection. conservation of biological diversity (biodiversity). A new General Assembly Resolution (S19/2) promised further action. Structure and Contents: There are 40 chapters in the Agenda 21. The Agenda 21 for culture is the first document with worldwide mission that advocates establishing the groundwork of an undertaking by cities and local governments for cultural development. and control of pollution. The Johannesburg Summit: The Johannesburg Plan of Implementation. The Assembly recognized progress as 'uneven' and identified key trends including increasing globalization. Local Agenda 21: The implementation of Agenda 21 was intended to involve action at international. Some national and state governments have legislated or advised that local authorities take steps to implement the plan locally. international institutions and financial mechanisms. held in Porto Alegre in 2002. The United Nations Division for Sustainable Development acts as the secretariat to the Commission and works 'within the context of' Agenda 21. NGOs. agreed at the World Summit on Sustainable Development (Earth Summit 2002) affirmed UN commitment to 'full implementation' of Agenda 21. Section III: Strengthening the Role of Major Groups . local authorities. business and workers. Such programmes are often known as 'Local Agenda 21' or 'LA21'.which deals with combating poverty. it came up the idea to draw up a document guidelines for local cultural policies. Section IV: Means of Implementation Implementation includes science. changing consumption patterns. combating deforestation. 2. change population and sustainable settlement. promoting health.+5). as recommended in Chapter 28 of the document. a document comparable to what the Agenda 21 meant in 1992 for the environment. protecting fragile environments. . divided into four main sections.

It shall also be the policy of the State to incorporate a gender-sensitive. local communities and the public to prevent and reduce the adverse impacts of climate change and. poverty reduction strategies and other development tools and techniques by all agencies and instrumentalities of the government. consolidate and institutionalize government initiatives to achieve coordination in the implementation of plans and programs to address climate change in the context of sustainable development. integrate. it is hereby declared the policy of the State to systematically integrate the concept of climate change in various phases of policy formulation. to potential dangerous consequences of climate change such as rising seas. plans and programs. In this light. including disaster risk reduction. businesses. biodiversity loss that affect the country’s environment. nongovernment organizations. Declaration of Policy. fires. Further recognizing that climate change and disaster risk reduction are closely interrelated and effective disaster risk reduction will enhance climate change adaptive capacity. the State likewise adopts the strategic goals in order to build national and local resilience to climate change-related disasters. – It is the policy of the State to afford full protection and the advancement of the right of the people to a healthful ecology in accord with the rhythm and harmony of nature. As a party to the United Nations Framework Convention on Climate Change. maximize the benefits of climate change. and children. Cognizant of the need to ensure that national and subnational government policies. the State shall strengthen. damage to ecosystems. and economy. on the basis of climate justice or common but differentiated responsibilities and the Precautionary Principle to guide decision-making in climate risk management. floods and storms. to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner. In view thereof. 9729: CLIMATE CHANGE ACT OF 2009 Section 2. Recognizing the vulnerability of the Philippine archipelago and its local communities. the State shall integrate disaster risk reduction into climate change programs and initiatives. at the same time. . It shall be the policy of the State to enjoin the participation of national and local governments. to fulfill human needs while maintaining the quality of the natural environment for current and future generations. programs and projects are founded upon sound environmental considerations and the principle of sustainable development. REPUBLIC ACT NO. the State shall cooperate with the global community in the resolution of climate change issues. development plans. the State adopts the ultimate objective of the Convention which is the stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system which should be achieved within a time frame sufficient to allow ecosystems to adapt naturally to climate change.1awphil As a party to the Hyogo Framework for Action. climate-related illnesses and diseases. changing landscapes. pro-children and pro-poor perspective in all climate change and renewable energy efforts. increasing frequency and/or severity of droughts. particularly the poor.Towards this end. culture. the State adopts the principle of protecting the climate system for the benefit of humankind. women. the State has adopted the Philippine Agenda 21 framework which espouses sustainable development. plans.

material. Section 4. its sensitivity.Section 3. and societal spheres so that women and men benefit equally and inequality is not perpetuated. (o) “Mitigation potential” shall refer to the scale of GHG reductions that could be made. monitoring. (i) “Gender mainstreaming” refers to the strategy for making women’s as well as men’s concerns and experiences an integral dimension of the design. (d) “Climate Change” refers to a change in climate that can be identified by changes in the mean and/or variability of its properties and that persists for an extended period typically decades or longer. the following shall have the corresponding meanings: (a) “Adaptation” refers to the adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects. adverse effects of climate change. Creation of the Climate Change Commission. and improved preparedness for adverse events. magnitude. (j) “Global Warming” refers to the increase in the average temperature of the Earth’s near-surface air and oceans that is associated with the increased concentration of greenhouse gases in the atmosphere. relative to emission baselines. (k) “Greenhouse effect” refers to the process by which the absorption of infrared radiation by the atmosphere warms the Earth. (c) “Anthropogenic causes” refer to causes resulting from human activities or produced by human beings. lessened vulnerability of people and property. – For purposes of this Act. hydrofluorocarbons. (g) “Disaster” refers to a serious disruption of the functioning of a community or a society involving widespread human. (l) “Greenhouse gases (GHG)” refers to constituents of the atmosphere that contribute to the greenhouse effect including. wise management of land and the environment. (e) “Climate Variability” refers to the variations in the average state and in other statistics of the climate on all temporal and spatial scales beyond that of individual weather events. (n) “Mitigation” in the context of climate change. or programs in all areas and at all levels. (b) “Adaptive capacity” refers to the ability of ecological. (m) “Mainstreaming” refers to the integration of policies and measures that address climate change into development planning and sectoral decision-making. to moderate or offset potential damages and to take advantage of associated opportunities with changes in climate or to cope with the consequences thereof.depleting substances and their substitutes. for a given level of carbon price (expressed in cost per unit of carbon dioxide equivalent emissions avoided or reduced). refers to human intervention to address anthropogenic emissions by sources and removals by sinks of all GHG. and its adaptive capacity. perfluorocarbons and sulfur hexafluoride. but not limited to. nitrous oxide. which moderates harm or exploits beneficial opportunities. including through reduced exposure to hazards. economic. or unable to cope with. policies. including ozone. economic or environmental losses and impacts which exceed the ability of the affected community or society to cope using its own resources. methane. (q) “Vulnerability” refers to the degree to which a system is susceptible to. (p) “Sea level rise” refers to an increase in sea level which may be influenced by factors like global warming through expansion of sea water as the oceans warm and melting of ice over land and local factors such as land subsidence. carbon dioxide. – There is hereby established a Climate . whether due to natural variability or as a result of human activity. including legislation. and rate of climate change and variation to which a system is exposed. implementation. (f) “Climate Risk” refers to the product of climate and related hazards working over the vulnerability of human and natural ecosystems. and evaluation of policies and programs in all political. (h) “Disaster risk reduction” refers to the concept and practice of reducing disaster risks through systematic efforts to analyze and manage the causal factors of disasters. social or economic systems to adjust to climate change including climate variability and extremes. including climate variability and extremes. Definition of Terms. It is the process of assessing the implications for women and men of any planned action. Vulnerability is a function of the character.

(h) Secretary of the Department of National Defense. one of whom shall serve as the Vice Chairperson of the Commission. The Commission shall have an advisory board composed of the following: (a) Secretary Agriculture. hereinafter referred to as the Commission. (c) Secretary of the Department Environment and Natural Resources. with at least ten (10) years of experience on climate change and of proven honesty and ntegrity. monitor and evaluate the programs and action plans of the government relating to climate change pursuant to the provisions of this Act. (g) Secretary of the Department of the Interior and Local Government. – The Commissioners must be Filipino citizens. The Commission shall be organized within sixty (60) days from the effectivity of this Act. The Chairperson may likewise call upon other government agencies for the proper implementation of this Act. – The Commission shall meet once every three (3) months. (u) Representative from the academe. Only the ex officio members of the advisory board shall appoint a qualified representative who shall hold a rank of no less than an Undersecretary. or as often as may be deemed necessary by the Chairperson. . (v) Representative from the business sector. and three (3) Commissioners to be appointed by the President. The Commission shall be the sole policy-making body of the government which shall be tasked to coordinate. (t) President of the Liga ng mga Barangay. (r) President of the League of Cities.Change Commission. in his capacity as Chair of the Philippine Council for Sustainable Development. Compensation of Commissioners. The representatives shall be appointed by the President from a list of nominees submitted by their respective groups. That at least one (1) Commissioner shall be female: Provided. (i) Secretary of the Department of Public Works and Highways. (f) Secretary of the Department of Health. Tenure. At least one (1) of the sectoral representatives shall come from the disaster risk reduction community. of the Department of (m) Secretary of the Department Transportation and Communications. (l) Secretary of the Department of Trade and Industry. Section 6. at least thirty (30) years of age at the time of appointment. (p) Chairperson of the National Commission on the Role of Filipino Women. Section 7. Appointment to any vacancy shall be only for the unexpired term of the predecessor. of (n) Director-General of the National Economic and Development Authority. training and experience: Provided. Composition of the Commission. residents of the Philippines. (b) Secretary of the Department of Energy. (k) Secretary of the Department of Social Welfare and Development. They shall serve for a term of six (6) years without reappointment unless their representation is withdrawn by the sector they represent. of the Department of of (e) Secretary of the Department of Foreign Affairs. The Commissioners shall be experts in climate change by virtue of their educational background. (q) President of the League of Provinces. (d) Secretary Education. Section 5. It shall be attached to the Office of the President. The Commission shall be an independent and autonomous body and shall have the same status as that of a national government agency. and (w) Representative from nongovernmental organizations. Meetings of the Commission. (j) Secretary of the Department of Science and Technology. further. – The Commission shall be composed of the President of the Republic of the Philippines who shall serve as the Chairperson. Qualifications. (s) President of the League of Municipalities. in his capacity as Chair of the National Disaster Coordinating Council. (o) Director-General of the National Security Council.

– The Commission shall constitute a national panel of technical experts consisting of practitioners in . (m) Coordinate with local government units (LGUs) and private entities to address vulnerability to climate change impacts of regions. finally. sectoral and local development plans and programs. into the national. (d) Exercise policy coordination to ensure the attainment of goals set in the framework strategy and program on climate change. (i) Formulate strategies on mitigating GHG and other anthropogenic causes of climate change. health. represent the Philippines in the climate change negotiations. (o) Promote and provide technical and financial support to local research and development programs and projects in vulnerable communities and areas. the new appointee shall fully meet the qualifications of a Commissioner and shall hold office for the unexpired portion of the term only: Provided. subject to civil service laws. (l) Formulate and update guidelines for determining vulnerability to climate change impacts and adaptation assessments and facilitate the provision of technical assistance for their implementation and monitoring. The Commissioners shall hold office for a period of six (6) years. Section 10. agriculture. coastal and marine resources. finally. (c) Formulate a Framework Strategy on Climate Change to serve as the basis for a program for climate change planning. and may be subjected to reappointment: Provided. The Vice Chairperson and the Commissioners shall have the rank and privileges of a Department Secretary and Undersecretary. implementation and monitoring of climate change initiatives in vulnerable communities and areas. (k) In coordination with the Department of Foreign Affairs. (f) Recommend key development investments in climate. (b) Coordinate and synchronize climate change programs of national government agencies. (e) Recommend legislation. further.That in no case shall the Commissioners come from the same sector: Provided.sensitive sectors such as water resources. in synergy with disaster risk reduction. relevant laws and protocols and adaptation and mitigation measures. extension. (n) Facilitate capacity building for local adaptation planning. That no person shall serve for more than two (2) consecutive terms: Provided. and infrastructure to ensure the achievement of national sustainable development goals. – The Commission shall have the following powers and functions: (a) Ensure the mainstreaming of climate change. (h) Create an enabling environment that shall promote broader multi-stakeholder participation and integrate climate change mitigation and adaptation. That in no case shall any of the Commissioners appoint representatives to act on their behalf. strategies. and monitoring of activities on climate change. forestry. provinces. (g) Create an enabling environment for the design of relevant and appropriate risksharing and risk-transfer instruments. respectively. research and development. Section 9. The officers and employees of the Commission shall be appointed by the Executive Director. – There is hereby created a Climate Change Office that shall assist the Commission. local vulnerabilities and risks. Climate Change Office. (j) Coordinate and establish a close partnership with the National Disaster Coordinating Council in order to increase efficiency and effectiveness in reducing the people’s vulnerability to climate-related disasters. That in case of a vacancy. programs on and appropriations for climate change adaptation and mitigation and other related activities. The Commission shall have the authority to determine the number of staff and create corresponding positions necessary to facilitate the proper implementation of this Act. rules and regulations. cities and municipalities. They shall be entitled to corresponding compensation and other emoluments and shall be subject to the same disqualifications. Panel of Technical Experts. and (p) Oversee the dissemination of information on climate change. That in no case shall a Commissioner be designated in a temporary or acting capacity. policies. It shall be headed by a Vice Chairperson of the Commission who shall act as the Executive Director of the Office. Powers and Functions of the Commission. Section 8.

disciplines that are related to climate change. including ecosystems to the impacts of climate change. National Climate Change Action Plan. Municipal and city governments shall consider climate change adaptation. (e) Research and development. Section 12. – The Commission shall. – The Commission shall formulate a National Climate Change Action Plan in accordance with the Framework within one (1) year after the formulation of the latter. extension. economic. formulate a Framework Strategy on Climate Change. . technologies. within six (6) months from the effectivity of this Act. including disaster risk reduction. It shall provide resources for the operations and activities of the Panel. Section 11. (b) The identification of the most vulnerable communities/areas. and (j) Gender mainstreaming. The Framework shall be reviewed every three (3) years. The Panel shall provide technical advice to the Commission in climate science. women and children. (h) Advocacy and information dissemination. capability building and mainstreaming. Components of the Framework Strategy and Program on Climate Change. (d) Compliance commitments. Barangays shall be directly involved with municipal and city governments in prioritizing climate change issues and in identifying and implementing best practices and other solutions. (d) The assessment and management of risk and vulnerability. as one of their regular functions. (b) Impact. The LGUs shall furnish the Commission with copies of their action plans and all subsequent amendments. The National Climate Change Action Plan shall include. and in accordance with the international agreements. resources and logistics to effectively implement their respective action plans. (c) Policy formulation. but not limited to. but not limited to. specific adaptation needs. LGUs shall regularly update their respective action plans to reflect changing social. Local Climate Change Action Plan. and mitigation potential. The Commission shall set the qualifications and compensation for the technical experts. and (f) The identification of options.related activities. and best practices for risk assessment and enhancement of adaptive capacity of vulnerable human settlements to potential impacts of climate change. consistent with the provisions of the Local Government Code. and the National Climate Change Action Plan. (f) Database management. and environmental conditions and emerging issues. (i) Monitoring and evaluation. variability and extremes. research and development. the Framework. Inter-local government unit collaboration shall be maximized in the conduct of climate. – The Framework shall include. Section 14. Provincial governments shall provide technical assistance. – The LGUs shall be the frontline agencies in the formulation. within one (1) month from their adoption. (c) The identification of differential impacts of climate change on men. and monitoring of activities to protect vulnerable communities from the adverse effects of climate change. planning and implementation of climate change action plans in their respective areas. development and (g) Academic programs. The LGUs shall mobilize and allocate necessary personnel. the following components: (a) Assessment of the national impact of climate change. the following components: (a) National priorities. or as may be deemed necessary. The Framework shall serve as the basis for a program for climate change planning. (e) The identification of GHG mitigation potentials. with international Section 13. modifications and revisions thereof. The Framework shall be formulated based on climate change vulnerabilities. Framework Strategy and Program on Climate Change. vulnerability and adaptation assessments. prioritization of appropriate adaptation measures for joint projects of national and local governments. enforcement and information management in support of municipal and city climate change action plans.

contributions. such as. Section 15. networking and communication activities in the conduct of information campaign. history.The local chief executive shall appoint the person responsible for the formulation and implementation of the local action plan. basic climate change principles and concepts. activities and investments. any provision in the Local Government Code to the contrary notwithstanding. provide preferential financial packages for climate change. and . That in case of donations from foreign governments. – All relevant government agencies and LGUs shall allocate from their annual appropriations adequate funds for the formulation. The training program shall include socioeconomic. resource inventory. or in kind from local and foreign sources in support of the development and implementation of climate change programs and plans: Provided.related projects. civic organizations. The Commission shall evaluate. (b) Conduct of assessment of vulnerabilities to climate change impacts. Section 16. any provision in their respective charters to the contrary notwithstanding. That such donations shall not be used to fund personal services expenditures and other operating expenses of the Commission. and the local action plans. It shall be government assistance to Local Climate the responsibility of the national to extend technical and financial LGUs for the accomplishment of their Change Action Plans. and other content necessary to address the prevailing and forecasted conditions and risks of particular LGUs. donations. institutions and LGUs. (e) The Philippine Information Agency (PIA) shall disseminate information on climate change. science. they shall. of their respective climate change programs and plans. since they are the most vulnerable. and (d) Conduct of such other activities reasonably necessary to carry out the objectives of this Act. acceptance thereof shall be subject to prior clearance and approval of the President of the Philippines upon recommendation of the Secretary of Foreign Affairs: Provided. local vulnerabilities and risk. geophysical. (b) The Department of the Interior and Local Government (DILG) and Local Government Academy shall facilitate the development and provision of a training program for LGUs in climate change. Funding Allocation for Climate Change. including textbooks. biology. It shall likewise focus on women and children. issue and promulgate the implementing guidelines therefor. the Commission shall coordinate with the nongovernment organizations (NGOs). (d) The Department of Foreign Affairs (DFA) shall review international agreements related to climate change and make the necessary recommendation for ratification and compliance by the government on matters pertaining thereto. including on climate change risks. bequests. – To ensure the effective implementation of the framework strategy and program on climate change. people’s organizations. shall. Authority to Receive Donations and/or Grants. In consultation with the Bangko Sentral ng Pilipinas (BSP). – In the development and implementation of the National Climate Change Action Plan. in collaboration with other concerned national government agencies. or gifts in cash. endowments. within thirty (30) days from the effectivity of this Act. (c) Advocacy. development and implementation. and adaptation capability building. – The Commission is hereby authorized to accept grants. demonstration and promotion of technologies. Section 18. (c) The Department of Environment and Natural Resources (DENR) shall oversee the establishment and maintenance of a climate change information management system and network. further. academe. The proceeds shall be used to finance: (a) Research. but not limited to. Coordination with Various Sectors. the private and corporate sectors and other concerned stakeholder groups. Role of Government Agencies. concerned agencies shall perform the following functions: (a) The Department of Education (DepED) shall integrate climate change into the primary and secondary education curricula and/or subjects. primers and other educational materials. capacity building and direct intervention. relevant laws and protocols and adaptation and mitigation measures. including training. sibika. especially in the rural areas. (f) Government financial institutions. recommend the approval of loans and monitor the use of said funds of LGUs. policy. as may be defined by the Commission. development. Section 17. It shall also include public awareness campaigns on the effects of The LGU is hereby expressly authorized to appropriate and use the amount from its Internal Revenue Allotment necessary to implement said local plan effectively.

Section 20. NGOs and civil society. the amount necessary to effectively carry out the provisions of this Act shall be included in the annual General Appropriations Act. respectively. takes a balanced and integrated approach to environment and development issues by incorporating sustainable development principles and concepts in the national priorities of government. Transitory Provisions. a National Conservation Strategy. Any employee who cannot be absorbed by the Commission shall be entitled to a separation pay under existing retirement laws Executive Order No. That their powers and functions shall be absorbed by the Commission: Provided. and initiatives. WHEREAS. further. LGUs.climate change and energy-saving solutions to mitigate these effects. Thereafter. the agreements oblige the Philippines to translate the commitments to more concrete actions and ensure that all sectors of the society shall be involved in its cooperalization. has adopted a resolution for the creation of a Sustainable Development Commission that will evaluate and monitor the compliance too the agreements and commitments made in Rio and in the course of it's creation urged governments to also for similar bodies that will ensure that the activities at the national level are implemented and coordinated within global efforts. WHEREAS. through educational and training programs and micro-credit schemes. . Section 22. the 1987 Constitution mandates a policy of the state. All qualified regular or permanent employees who may be transferred to the Commission shall not suffer any loss in seniority or rank or decrease in emoluments. promulgate the implementing rules and regulations of this Act: Provided. Its funding requirement shall be charged against the appropriations of Congress. the Philippines already adhering too the principle of sustainable development actively participated in the United Nations Conference on Environment and Development (UNCED) Summit held in Rio de Janeiro. 171 and the Inter-Agency Committee on Climate Change created by virtue of Administrative Order No. Section 21. Joint Congressional Oversight Committee. – There is hereby created a Joint Congressional Oversight Committee to monitor the implementation of this Act. not later than March 30 of every year following the effectivity of this Act. – Upon the organization of the Commission. the protection and advancement of the right of the people to a balanced and healthful ecology in accordance with the rhythm and harmony of nature. a progress report on the implementation of the National Climate Change Action Plan and recommend legislation. as spelled out in the Philippine Strategy for Sustainable Development (PSSD). Implementing Rules and Regulations. and committed to the principles set forth in the Rio Declaration. a report giving a detailed account of the status of the implementation of this Act.000. the Agenda 21. – The sum of Fifty million pesos (Php50. the United Nations in UNCED. 220. WHEREAS. – The Commission shall submit to the President and to both Houses of Congress. where applicable and necessary. The sum shall be sourced from the President’s contingent fund. That failure to issue rules and regulations shall not in any manner affect the executory nature of the provisions of this Act. the Commission shall. shall be abolished: Provided. respectively. Section 23. 15 : Creating a Philippine Council for Sustainable Development WHEREAS. The Oversight Committee shall be co-chaired by a Senator and a Representative to be designated by the Senate President and the Speaker of the House of Representatives.1avvphi1 Section 19. Annual Report. In subsequent budget proposals. LGUs shall submit annual progress reports on the implementation of their respective local action plan to the Commission within the first quarter of the following year. WHEREAS.00) is hereby appropriated as initial operating fund in addition to the unutilized fund of the Presidential Task Force on Climate Change and the Office of the Presidential Adviser on Global Warming and Climate Change. That the officers and employees thereof shall continue in a holdover capacity until such time as the new officers and employees of the Commission shall have been duly appointed pursuant to the provisions of this Act. or upon the request of the Congressional Oversight Committee. – Within ninety (90) days after the approval of this Act. which was adopted in 1989. especially for women in rural areas. Appropriations. private sector.000. the Conventions on Climate Change and Biodiversity. the concerned offices and units shall appropriate funds for program/project development and implementation including continuing training and education in climate change. the Presidential Task Force on Climate Change created under Administrative Order No. The Oversight 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. upon consultation with government agencies.

and the Philippine Agenda 21. 3) Too provide directions in the form of policy reforms. 6) To create sub-committees that it may deem fit in the performance of its duties. Department of Foreign Affairs(DFA). There shall be immediately be convened an interim Technical Working Group of seven members composed or representatives from National Economic and Development Authority (NEDA). facilities. duly deputized to represent their respective Secretaries: Department of Foreign Affairs Department of Science and Technology Department of Finance Department of Agriculture Department of Public Works and Highways Department of Education. Memorandum Order No. Sec. concretize and operationalize the sustainable development principles as embodied in the Rio Declaration. WHEREAS. and Sports Department of Labor and Employment Department of Health Department of Trade and Industry Department of the Interior and Local Governments Department of Social Welfare and Developments Department of Budget and Management Department of National Defense Office of Energy Affairs 3) As civil society counterpart. which shall work out the formulation of the operational guidelines for the Council. 62: FURTHER STRENGTHENING THE PHILIPPINE COUNCIL FOR SUSTAINABLE DEVELOPMENT (PCSD) WHEREAS. the expansion of its membership as well as the establishment of local councils for sustainable development were provided for through the issuance of Executive Order No. 5) To require any and all government agencies for assistance in to forum of personnel. 47 (s. and incorporate them in the preparation of the Medium Term Development Plan both at the national and local levels with active participation from the non-government sector a and people's organizations. Creation Council. These representative shall be selected by the nongovernment community considering commitment to environmental causes. the UNCED Agenda 21. Sec. 4. to strengthen PCSD. SEC 1. programs and new legislations that respond . EXECUTIVE ORDER NO. 2) The Council will have as members committed environmentalists from the following owing departments of a position of Bureau Director of their. and the three representatives from non-government sector. 3.WHEREAS. The Secretariat. The working group shall be assisted by a composite secretariat from NEDA and DENR. plans. in order to active these ends. and sector representation through a process designed by them. and 7) To perform such other acts which are necessary to carry out its mandated functions and responsibilities. and other resources which is essential for the performance for the duties of the Council. the National Conservation Strategy. WHEREAS. The Council shall have the following powers and function: 1`) To review and ensure the implementation on the commitments the Philippines made in the light of the UNCED Conference. These transitory groups shall cease its function upon the Council meeting and adoption of the operating guidelines within sixty (60) days upon signing of this Order. Culture. Department of the Interior and Local Government (DILG). gender balance. Department of Environment and Natural Resources (DENR). and the Secretary of the Department of Environment and Natural Resources as Vice-Chairperson. The Council shall be assisted by the Secretariat which shall be based at the Notional Economic and Development Authority whose composition will be determined by the Director-General. 2) To establish guidelines and mechanisms that will expand. and programs that will involve all sectors of the society. and Composition of the to the continuing and emerging issues and charting future actions related to environment and developments. the non-government community shall also have seven (7) representative in the Council. Sec. Transitory Provisions. 370 (s. 2 Powers and Functions of the Council. 1996). the creation of a national sustainable development and thus assure its integration in the Philippine national policies. to ensure that the commitments made in the Rio de Janeiro Declaration are fulfilled and to realize the country’s sustainable development goals. 15. the PCSD was established on 01 September 1992 through Executive Order No. in order to operationalize sustainable development at the local level. 4) To act as the coordinating mechanism in cooperation either DFA-office of the United Nations Commission for Sustainable Development and actively solicit assistance and cooperation towards the realization of our commitments made at the UNCED. 1999) was issued mandating local government units (LGUs) to formulate and 1) There is hereby created a Philippine Council for Sustainable Development to be headed by the Director-General of the National Economic and Development Authority (NEDA) as Chairperson.

professionals. local government units. 2. or as frequently as may be deemed necessary. In the absence of the Chairperson. and to define their structure. through the Department of Foreign Affairs (DFA). 2. Sec. Powers and Functions of the Council. President of the Philippines. business or labor sector member of the Council cannot attend the meeting. business. do hereby order: Section 1. with an Undersecretary as alternate: a. 6. through a process designed by them These may include the following groups: women. in accordance with the provisions of this Executive Order. plans and programs. — 1. Special meetings may be convened at the call of the Chairperson or by a majority of the members of the Council. he or she shall be represented by the alternate to be designated through their respective selection process for the purpose. Civil society. NOW. regional and local development policies. Sec. labor and other concerned entities/sectors. WHEREAS. Congress. in light of changing circumstances and. by virtue of the powers vested in me by law. WHEREAS. ad-hoc or permanent. Department Resources. and existing multi-stakeholder governance mechanisms. non-government organizations and sectoral/major groups representation shall have five (5) Council members selected by their community. indigenous people. GLORIA MACAPAGAL-ARROYO. farmers. To create. academe. emerging issues on sustainable development locally and globally there is an urgent need to pursue new interventions through a more responsive PCSD structure. urban poor. To act as the coordinating mechanism with the United Nations Commission on Sustainable Development (UNCSD) and the Governing Bodies or Secretaries of other related multilateral conventions. Agenda 21. are integrated in the formulation of national. To review and monitor plans. the Vice-Chairperson shall preside. b. National Economic and Development Authority. program and legislation on sustainable development to promote efficiency and timeliness of their execution and ensure consistency and coordination among the Legislative and Executive branches of government. Further Strengthening the PCSD. media. persons with disabilities. youth. WHEREAS. for the PCSD to be more effective and responsive in ensuring the realization of the government’s sustainable development goals. functions and limitations. structurally and functionally. Composition of the Council. of Environment and Natural shall. 3. Terms of Office and Meetings. To formulate policies and recommend new actions to appropriate bodies on sustainable development issues focusing on the environment dimensions of social and economic interventions and the social and economic dimensions of environment interventions. fisherfolk. — The term of office of members shall be co-terminus with their appointment or election in their respective departments or organizations. based on their commitment to sustainable development concerns. there is a need to streamline and define its core functions and membership. — The Philippine Council for Sustainable Development. and the Philippine Agenda 21. Labor and business shall have one (1) representative each in the Council. To establish a networking mechanism to link the Council with local and international organizations involved in sustainable development. 3. as embodied in the Rio Declaration. 4. In case any civil society. religious groups and NGOs. 5. Representation . 3.implement their sustainable integrated area development plans or Local Agenda 21 with the assistance of concerned government agencies. keeping in mind the various agencies in government whose functions are integral components of the overall government sustainable development operational thrusts. To establish guidelines and mechanisms that will ensure that the sustainable development principles. THEREFORE. likewise be decided through a process to be designed by them. is hereby further strengthened. it is necessary to further strengthen the PCSD as the lead instrumentality responsible for mainstreaming sustainable development in national government and affiliated agencies. The Secretary of the Department of Environment and Natural Resources (DENR) shall be the Vice-Chairperson. 4. Sec. WHEREAS. The Council shall meet quarterly. hereinafter referred to as the Council. reorganize or abolish committees of the Council. composed of people’s organizations. civil society. 7. there is a need for PCSD to focus on strategic interventions that have significant and catalytic impact on sustainable development. policies. Moro and Cordillera people. 2. I. To review and ensure the implementation of the commitments made by the Philippines in the light of the United Nations Conference on Environment and Development (UNCED) and its follow-up processes. — 1. LGUs. The core members from government shall be composed of Secretaries of the following Departments as permanent principal members. The Chairperson of the Council shall be the Secretary of Socio-Economic Planning and NEDA DirectorGeneral. as well as existing multi-stakeholder governance mechanisms.

it shall mobilize coordinating bodies including the Regional Development Councils (RDCs) and the local councils for sustainable development. Overall Administration. Sec. civil society. Whereas. as the national action agenda for sustainable development. Whereas. programs and projects and report on their progress and impacts to the PCSD. and healthful ecology in accord with the rhythm and harmony of nature. For this purpose. Section 5. — The Council can call upon other government agencies and instrumentalities. Major stakeholders from these sectors are thereby enjoined to adopt and implement the principles and action agenda contained in the MEMORANDUM ORDER NO. Secretariat. Role of the Civil Society. Whereas. departments. and a Counterpart Secretariat. counterparting and consensus-building among the various stakeholders of society. Whereas. All government agencies. Role of the Department of Interior and Local Government (DILG) and the Local Government Units (LGUs). the government adheres to the sustainable development principles embodied in the Rio Declaration and adopted by the United Nations Conference on Environment and Development in Rio de Janeiro. Participation of Other Government Agencies in the Council. Collaborating Agencies. the Philippine Council for Sustainable Development (PCSD). business and labor sector organizations to participate in Council business. is hereby adopted. and instrumentalities are directed to adopt and translate the principles and action agenda contained in the Philippine Agenda 21 in their respective workplans. Section 4. To submit its annual work program with actionable and time bounded targets and regularly report to the President the status of implementation and achievement of specific targets thereof. Sec. the composition of which shall be determined by the Director-General. In this regard. Section 1. cooperation. The PCSD shall coordinate with civil society. Labor and Business Sectors. including its meetings. The Philippine Council for Sustainable Development shall oversee and monitor the operationalization of the Philippine Agenda 21. 9. 5. Section 12 of the Constitution mandates as a policy of the State the protection and advancement of the right of the people to a balanced . For this purpose. 399: DIRECTING THE OPERATIONALIZATION OF THE PHILIPPINE AGENDA 21 AND MONITORING ITS IMPLEMENTATION Whereas. To perform such other acts which are necessary to carry out its mandated functions and responsibilities. Section 2. The LGUs. 6. Brazil in 1992. if so warranted by conditions as may exist from time to time. — The Council shall be assisted by a Coordinating Secretariat which shall be based at the NEDA. programs and projects and the formulation of their respective Local Agenda 21. Article 2. the operationalization of the Philippine Agenda 21 shall provide the overall direction and serve as an enabling environment in achieving sustainable development. the composition of which shall be determined by the Civil Society Counterpart Council for Sustainable Development (CSCCSD). in coordination with the local business and civil society. shall implement the Philippine Agenda 21 through the integration of sustainable development concerns in their respective plans. and to which the Philippines is a signatory. Section 3. — There shall be provided in the General Appropriations Act (GAA) a regular line item under the NEDA budget to cover the operational requirements of the Council subject to the prescribed budgetary guidelines. where appropriate. created by virtue of Executive Order No. Sec. Other member-agencies of the Council shall also include a line item in the GAA under their respective agency budgets to cover the cost of their activities related to PCSD. The Philippine Agenda 21. 15 (Series of 1992) is mandated to coordinate the formulation of Philippine Agenda 21. 7. labor and business sectors in operationalizing Philippine Agenda 21. Budget. other government agencies shall identify a PCSD focal officer not lower than a rank of Director who shall coordinate their agency’s participation in PCSD concerns. Adoption and Operationalization of the Philippine Agenda 21. the Philippine Agenda 21 was formulated after an extensive and intensive process of coordination.8. the Council shall provide the coordinating and monitoring mechanisms for its implementation.

As a body politic endowed with governmental functions. failed to relate Section 2 of PD 1586 to the several provision of the same law. Section 4 of PD 1586 clearly states that “no person. the City of Davao must undergo the environmental impact assessment (EIA) process to secure an Environmental Compliance Certificate (ECC). the TC in declaring local government units as exempt from the coverage of the EIS law. is deemed excluded • Issue: Whether LGUs are covered by the EIA System? Decision: The Local Government Code provides that it is the duty of the LGUs to promote the people’s right to a balanced ecology. A local government unit. it is a rule of statutory construction that every part must be read with other parts. Region 11. Department of Budget and Management (DBM). respondent filed a petition for mandamus with the RTC of Davao alleging that the proposed project was neither an environmentally critical project nor within an environmentally critical area. The PCSD. Alvarez. thus it was outside the scope of the EIS system. with the Environmental Management Bureau (EMB). the Davao Artica Sports Dome. in the coordination with the Department of Finance (DOF). an LGU. thus. partnership or corporation shall undertake or operate . in his capacity as Sec. and ruled that under the Environmental Impact Statement System. It ruled that there is nothing in the EIA System guidelines which requires LGUs to comply with the EIS law. of DENR • • Alvarez filed an application for a Certificate of Non-Coverage for its proposed project. The EMB Region 11 denied the application on ground that the proposed project was within an environmentally critical area.Philippine Agenda 21. Further. before it can proceed with the construction of its project Believing that it was entitled to a Certificate of Non-Coverage. Pursuant to this. Section 6. cannot claim exemption from the coverage of PD 1586. The RTC granted the writ of mandamus and directed EMB to issue a Certificate of NonCoverage. Funding. not being an agency or instrumentality of the National Government. like the City of Davao. shall identify funding sources in implementing and monitoring the Philippine Agenda 21. which is the very same objective of PD 1586. Cases Republic of the Philippines vs. and the National Economic and Development Authority (NEDA). an LGU has the duty to ensure the quality of the environment. as only agencies and instrumentalities are mandated to go through the EIA process for their proposed projects which have significant effect on the quality of the environment. The City of Davao Republic vs.

In the case at bar. Areas which constitute the habitat for any endangered or threatened species of indigenous Philippine Wildlife (flora and fauna). Forest occupancy 5. c. Under Article II. Smelting plants c. is environmentally critical or within an environmentally critical area. etc. which act as natural breakwater of coastlines. nuclear fueled. . Logging 2. as part of the machinery of the government. 12. cannot therefore be deemed as outside the scope of the EIS system This however presuppose that a project. 2. 4. the government and the private sectors. Areas frequently visited and/or hard-hit by natural calamities (geologic hazards. Major dams b. 2146 was issued proclaiming the following areas and types of projects as environmentally critical and within the scope of the Environmental Impact Statement System established under PD 1586: A. floods. Major reclamation projects d. Sec. i. wildlife preserves and sanctuaries. Major mining and projects b. and which shall fall within the scope of the Environmental Impact Statement System. local government units are not excluded from the coverage of PD 1586. c.any such declared environmentally critical project or area without first securing an Environmental Compliance Certificate issued by the President or his duly authorized representative. Pursuant thereto. e. The Whereas clause stresses that such is only possible if we adopt an integrated environmental protection program where all the sectors of the community are involved. The Environmental Impact Statement System. d. 9. All areas declared by law as national parks. which act as natural buffers against shore erosion. public/private forests 4. within the controlled and/or protected areas declared by appropriate authorities c. Section 1. the declaration of certain projects or areas as environmentally critical. Non-ferrous industries b.. Mangrove areas characterized by one or any combination of the following conditions: a. watershed reserves. shall be by Presidential Proclamation.e. was established by Presidential Decree No. B. Dikes for/and fishpond development projects Infrastructure Projects a. Areas with critical slopes. respondent has sufficiently shown that the Artica Sports Dome will not have a significant negative environmental impact because it is not an environmentally critical project and it is not located in an environmentally critical area. Forestry projects quarrying 1. 8. a. I. Environmentally Critical Projects Heavy Industries a. Introduction of fauna (exoticanimals) in Environmentally Critical Areas 1. near or adjacent to traditional productive fry or fishing grounds.). Proclamation No. Major wood processing projects 3. The local government units. Undoubtedly therefore. PHILVOLCS. which ensures environmental protection and regulates certain government activities affecting the environment. Coral reefs. 7. CENRO-West in support thereof. Major roads and bridges III. Areas of unique historic. spawning and nursery grounds for fish. Areas which are traditionally occupied by cultural communities or tribes. tapped for domestic purposes b. on which people are dependent for their livelihood. hydroelectric or geothermal) c. metal petro-chemical II. b. 10. b. 6. which support wildlife and fishery activities 11. 3. typhoons. with 50% and above live coralline cover. adjoining mouth of major river systems. with primary pristine and dense young growth. Major power plants (fossil-fueled. for which an Environmental Compliance Certificate is necessary. 5. characterized by one or any combinations of the following conditions: a. or scientific interests. of the Rules and Regulations Implementing PD 1586. Areas classified as prime agricultural lands. Water bodies characterized by one or any combination of the following conditions. Grazing Fishery Projects 1. They submitted Certification from the City Planning and Development Office. volcanic activity. Recharged areas of aquifers. 1 stated that the policy of the State is to attain an orderly balance between socio-economic growth and environmental protection. Iron and steel mills c. 1586. archaeological. Resource Extractive Industries a. Extraction of mangrove products 6. Areas set aside as aesthetic potential tourist spots. strong winds and storm floods. Petroleum and industries including oil and gas d.

The Mayor's permit to construct fishpens and fishcages were all undertaken in violation of the policies adopted by the Authority on fishpen zoning and the Laguna Lake carrying capacity. the performance of which can be compelled by writ of mandamus. that the rates of the fees to be collected. navigation. cities and provinces encompassed by the term "Laguna de Bay Region". and the sharing with other government agencies and political subdivisions. 1234. in the act. To effectively perform the role of the Authority under RA 4850. the Chief Executive issued EO 927 further defined and enlarged the functions and powers of the Authority and named and enumerated the towns.000 ha in 1995. therefore.A. 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. Municipal governments thereupon assumed the authority to issue fishing privileges and fishpen permits. which will be shared in the following manner: 20 percent of the fee shall go to the lakeshore local governments. construction. and waste disposal purpose. industrial. except fishpen fee. recreation. cities and towns. fishcages and other aqua-culture structures in the Laguna de Bay Region. PD 813 amended certain sections RA 4850 because of the concern for the rapid expansion of Metropolitan Manila. 3.D. shall be subject to the approval of the President of the Philippines upon recommendation of the Authority's Board. 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. 5 percent shall go to the Project Development Fund which shall be administered by a Council and the remaining 75 percent shall constitute the share of LLDA. Provided. Big fishpen operators took advantage of the occasion to establish fishpens and fishcages to the consternation of the Authority. the DENR has no choice but to issue the Certificate of Non-Coverage. which were not registered or to which no application for registration and/or permit has been filed with Laguna Lake Development Authority as of March 31. 149. Then came Republic Act No. Owners of fishpens. 813 for violation of the same laws. fish enclosures. Also. after the implementation within the three-year period of the Laguna Lake Fishery Zoning and Management Plan the sharing will be modified as follows: 35 percent of the fishpen fee goes to the lakeshore local governments. Unregulated fishpens and fishcages occupied almost one-third the entire lake water surface area. SEC. All operators of fishpens. It becomes its ministerial duty. 1993 are hereby declared outrightly as illegal. without prejudice to demolition of their structures be criminally charged in accordance with Section 39-A of Republic Act 4850 as amended by P. fishcages and other . fisheries. that the said project is not classified as environmentally critical. fish corrals and the like. 5 percent goes to the Project Development Fund and the remaining 60 percent shall be retained by LLDA. combined with current and prospective uses of the lake for municipal-industrial water supply. 3. however." This agency was supposed to accelerate the development and balanced growth of the Laguna Lake area and the surrounding provinces. within the context of the national and regional plans and policies for social and economic development. 2.000 ha in 1990 to almost 21. In view of the foregoing circumstances. increasing the occupation drastically from 7. Neither is it analogous to any of them. if necessary. 7160 provides: "Sec. The Artica Sports Dome in Langub does not come close to any of the projects or areas enumerated above. Fishery Rentals. thru the Ministry of Human Settlements may however require non-critical projects and undertakings to provide additional environmental safeguards as it may deem necessary. However. pertinent to the issues in this case are the following provisions of EO 927 which include in particular the sharing of fees: Sec 2: xxx the Authority shall have exclusive jurisdiction to issue permit for the use of all surface water for any projects or activities in or affecting the said region including navigation. All fishpens. The Authority is hereby empowered to collect fees for the use of the lake water and its tributaries for all beneficial purposes including but not limited to fisheries. Consequently. such as that issued by the trial court in the case at bar. — All other projects. irrigation. agricultural. and operation of fishpens. It is clear. the suburbs and the lakeshore towns of Laguna de Bay. 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 Authority served notice to the general public that: “ 1. fishcages and other aquaculture structures declared as illegal shall. All fishpens.Environmentally Non-Critical Projects. municipal. The National Environmental Protection Council. Laguna Lake Development Authority vs CA RA 4850 was enacted creating the "Laguna Lake Development Authority. The municipalities in the Laguna Lake Region interpreted the provisions of this law to mean that the newly passed law gave municipal governments the exclusive jurisdiction to issue fishing privileges within their municipal waters because R. irrigation. 7160. fishcages and other aqua-culture structures so declared as illegal shall be subject to demolition which shall be undertaken by the Presidential Task Force for illegal Fishpen and Illegal Fishing. and the like. Collection of Fees. Violations of these laws carries a penalty of imprisonment of not exceeding 3 years or a fine not exceeding Five Thousand Pesos or both at the discretion of the court. or within an environmentally critical area. fishcages and other aquaculture structures declared as illegal in accordance with the foregoing Notice shall have one (1) month on or before 27 October 1993 to show cause before the LLDA why their said fishpens. Provided.

The authors of Republic Act 4850 have foreseen this need when they passed this LLDA law-the special law designed to govern the management of our Laguna de Bay lake resources. Book II. The CA dismissed the LLDA’s consolidated petitions. It ." Where there is a conflict between a general law and a special statute. RA 7160 is a general law. the 2. is necessary to conserve. fish corrals and the like. constitute one integrated delicate natural ecosystem that needs to be protected with uniform set of policies. including navigation. TRO/writs of preliminary mandatory injunction were issued enjoining the LLDA from demolishing the fishpens and similar structures in question. protect and sustainably develop Laguna de Bay. and sustainable development. The Sangguniang Bayan may grant fishery privileges to erect fish corrals. construction. there is every indication that the legislative intent is for the Authority to proceed with its mission. otherwise." The power of the LGUs to issue fishing privileges was clearly granted for revenue purposes. 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. prohibition and injunction. like any other single body of water has its own unique natural ecosystem. although the terms of the general law are broad enough to include the cases embraced in the special law." should not be One month. RA 7160 has granted to the municipalities the exclusive authority to grant fishery privileges in municipal waters. amended or altered by a subsequent general law by mere implication. It is a well-settled rule in this jurisdiction that "a special statute.the LLDA or the towns and municipalities comprising the region . navigational safety. The LLDA filed motions to dismiss the cases against it on jurisdictional grounds. provisions and application. is not repealed by a subsequent statute. given to all enactments of the legislature. 7160 under the heading. and operation of fishpens. This is an exhaustible natural resource-a very limited onewhich requires judicious management and optimal utilization to ensure renewability and preserve its ecological integrity and balance.aqua-culture structures demolished/dismantled. The 900 km lake surface water. demolition shall be effected. Considering the reasons behind the establishment of the Authority. (C) the provisions of the LLDA charter insofar as fishing privileges in Laguna de Bay are concerned had been repealed by the Local Government Code of 1991. (B) the LLDA charter does vest LLDA with quasi-judicial functions insofar as fishpens are concerned. the present petition for certiorari. The implementation of a cohesive and integrated lake water resource management policy. mussels or other aquatic beds or bangus fry area within a definite zone of the municipal waters. The special law is to be taken as an exception to the general law in the absence of special circumstances forcing a contrary conclusion. Managing the lake resources would mean the implementation of a national policy geared towards the protection. oyster.should exercise jurisdiction over the Laguna Lake and its environs insofar as the issuance of permits for fishery privileges is concerned? Held: LLDA is basic is basic in statutory construction that the enactment of a later legislation which is a general law cannot be construed to have repealed a special law. The provisions of RA7160 do not necessarily repeal the laws creating the LLDA and granting the latter water rights authority over Laguna de Bay and the lake region. unless the intent to repeal or alter is manifest. It has to be conceded that there was no intent on the part of the legislature to repeal Republic Act No. specifically provide that the LLDA shall have exclusive jurisdiction to issue permits for the use or all surface water for any projects or activities in or affecting the said region. It has to be conceded that the charter of the LLDA constitutes a special law. (D) in view of the aforesaid repeal. therefore. This is evident from the fact that Section 149 of the New Local Government Code empowering local governments to issue fishing permits is embodied in Chapter 2. This is because implied repeals are not favored and as much as possible. conservation. balanced growth and sustainable development of the region with due regard to the inter-generational use of its resources by the inhabitants in this part of the earth. provided for a particular case or class of cases. the power to grant permits devolved to respective local government units concerned. The repeal of laws should be made clear and expressed. "Specific Provisions On The Taxing And Other Revenue Raising Power of LGUs. The fishpen owners filed injunction cases against the LLDA. fishcages and other aqua-culture structures advising them to dismantle their respective structures within 10 days from receipt thereof. 4850 and its amendments.” Ratio: Section 4 (k) of RA 4850. of Republic Act No. the provisions of PD 813. if we are to be serious in our aims of attaining sustainable development. A special law cannot be repealed.920 km2 basin or watershed transcending the boundaries of Laguna and Rizal provinces. which are enviromental protection. On the other hand. Hence. the Authority sent notices to the concerned owners of the illegally constructed fishpens. the 8 major river tributaries and several other smaller rivers that drain into the lake. Issue: Which agency of the Government . the special statute should prevail since it evinces the legislative intent more clearly that the general statute. Meanwhile. fish enclosures. general in its terms. The motions to dismiss were denied. and Section 2 of EO 927. thereafter. The Local Government Code of 1991 does not contain any express provision which categorically expressly repeal the charter of the Authority. It ruled that (A) LLDA is not among those quasi-judicial agencies of government appealable only to the Court of Appeals. We are on all fours with the manifestation of LLDA that "Laguna de Bay.

however. On actions necessitating the resolution of legal questions affecting the powers of the Authority as provided for in its charter. series of 1983. the least limitable and the most demanding of all State powers including the power of taxation. In respect to the question as to whether the Authority is a quasi-judicial agency or not. there is no question that the Authority has express powers as a regulatory a quasi-judicial body in respect to pollution cases with authority to issue a "cease a desist order" and on matters affecting the construction of illegal fishpens. that it is co-equal to the Regional Trial Courts such that all actions against it may only be instituted before the Court of Appeals cannot be sustained. 927. this Court holds that Section 149 of RA 7160. Republic Act No. the Regional Trial Courts have jurisdiction. as amended. fishcages and other aqua-culture structures in Laguna de Bay. Court of Appeals. Thus. 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.On the other hand. and the ruling of this Court in Laguna Lake Development Authority vs. The Authority's pretense. it is our holding that. fishcages and other aqua-culture structures in the Laguna de Bay area. 4850. INCLUDING OTHER ENVIRONMENTAL MANAGEMENT RELATED MEASURES AND FOR OTHER PURPOSES . 927 provides for the proper sharing of fees collected. considering the provisions of Section 4 of Republic Act No. has not repealed the provisions of the charter of the LLDA. PRESIDENTIAL DECREE No. fishcages and other aquaculture structures is for the purpose of effectively regulating and monitoring activities in the Laguna de Bay region and for lake quality control and management. otherwise known as the Local Government Code of 1991. the Authority has the exclusive jurisdiction to issue permits for the enjoyment of fishery privileges in Laguna de Bay to the exclusion of municipalities situated therein and the authority to exercise such powers as are by its charter vested on it. 1586: ESTABLISHING AN ENVIRONMENTAL IMPACT STATEMENT SYSTEM. There should be no quarrel over permit fees for fishpens. In view of the foregoing. the power of the Authority to grant permits for fishpens. Section 3 of Executive Order No. 4850 and Section 4 of Executive Order No. 6 It does partake of the nature of police power which is the most pervasive.

Environmental Impact Statement System. by proclamation declare certain projects. FERDINAND E. by virtue of the powers vested in me by the Constitution do hereby order and declare: Section 1. including government-owned or controlled corporations. Section 10. Rules and Regulations. I. MARCOS. (b) establish ambient environmental quality standards. President of the Philippines. The President of the Philippines may. and (d) perform such other functions as may be directed by the President from time to time. Section 5. The National Environmental Protection Council. (c) develop a program of environmental enhancement or protective measures against calamituous factors such as earthquake. the National Pollution Control Commission may be availed of as one of its implementing arms.WHEREAS. Section 4. Management and Financial Assistance. firms and entities. 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. Section 3. under Section 4 of Presidential Decree No. Environmentally Non-Critical Projects. or of the standards. Any person. Section 6. Policy. floods. Environmental Revolving Fund. thru the Ministry of Human Settlements may however require non-critical projects and undertakings to provide additional environmental safeguards as it may deem necessary. All other projects. corporation or partnership found violating Section 4 of this Decree. of all agencies and instrumentalities of the national government. The Ministry of Human Settlements is hereby authorized to provide management and financial support to government offices and instrumentalities placed under its supervision pursuant to this Decree financed from its existing appropriation or from budgetary augmentation as the Minister of Human Settlements may deem necessary. 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 consistent with the goals of the program. partnership or corporation shall undertake or operate any such declared environmentally critical project or area without first securing an Environmental Compliance Certificate issued by the President or his duly authorized representative. 1151 which shall have jurisdiction to undertake the preparation of the necessary environmental impact statements on declared environmentally critical projects and areas. For this purpose. and their For the same purpose as above. water erosion and others. as well as private corporations. NOW. THEREFORE.D. corporations or instrumentalities including the re- alignment of government personnel. 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. for every proposed project and undertaking which significantly affect the quality of the environment. Secretariat. Proceeds from the penalties prescribed in the preceding Section 9 and other penalties imposed by . Section 8. The National Environmental Protection Council is hereby authorized to constitute the necessary secretariat which will administer the Environmental Impact Statement System and undertake the processing and evaluation of environmental impact statements. at the discretion of the National Environmental Protection Council. WHEREAS. Determination of Lead Agency. It is hereby declared the policy of the State to attain and maintain a rational and orderly balance between socio-economic growth and environmental protection. on his own initiative or upon recommendation of the National Environmental Protection Council.00) for every violation thereof. For the proper management of said critical project or area. specific functions and responsibilities. Section 7. consistent with the powers and responsibilities of the National Pollution Control Commission as provided in P.000. undertakings or areas in the country as environmentally critical. Presidential Proclamation of Environmentally Critical Areas and Projects. Penalty for Violation. The National Environmental Protection Council shall issue the necessary rules and regulations to implement this Decree. 1151. the President may by his proclamation reorganize such government offices. or the terms and conditions in the issuance of the Environmental Compliance Certificate. Section 9. the Ministry of Human Settlements shall: (a) prepare the proper land or water use pattern for said critical project(s) or area (s). agencies. No person. 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 or and/or a fine in an amount not to exceed Fifty Thousand Pesos (P50. All Environmental Impact Statements shall be submitted to the National Environmental Protection Council for review and evaluation. The Minister of Human Settlements or his designated representative is hereby authorized to name the lead agencies referred to in Section 4 of Presidential Decree No. No. 984. There is hereby established an Environmental Impact Statement System founded and based on the environmental impact statement required. Section 2. institutions.

the National Pollution Control Commission as authorized in P.D. 984, shall be automatically appropriated into an Environment Revolving Fund hereby created as an exemption to P.D. 711 and P.D. 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 utilization of this fund shall be formulated by the Ministry of Human Settlements and submitted to the President for approval. Section 11. Repealing Clause. The Inter-Agency Advisory Council of the National Pollution Control Commission created under Section 4 of P.D. 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 herewith are hereby repealed, amended or modified accordingly.

appropriate environmental enhancement measures.

protection

and

b. The EIS System aids proponents in incorporating environmental considerations in planning their projects as well as in determining the environment's impact on their project. c. Project proponents are responsible for determining and disclosing all relevant information necessary for a methodical ' assessment of the environmental impacts of their projects; d. The review of the EIS by EMB shall be guided by three general criteria: (1) that environmental considerations are integrated into the overall project planning, (2) that the assessment is technically sound and proposed environmental mitigation, measures are effective, and (3) that , social acceptability is based on informed public participation; e. Effective regulatory review of the EIS depends largely on timely full; and accurate disclosure of relevant: information by project proponents and, other stakeholders in the EIA process f. The social acceptability of a project is a result of meaningful public participation, which shall be assessed as part of the Environmental Compliance Certificate (ECC) application, based on concerns related to the project's environmental impacts; g. The timelines prescribed by this Order, within which an Environmental - Compliance Certificate must be issued, or denied, apply only to processes and actions within the Environmental Management Bureau's (EMB) control and do not include actions or activities that are the responsibility of the proponent. Section 2. Objective The objective of this Administrative Order is to rationalize and streamline the EIS System to make it more effective as a project planning and management tool by: a. Making the System more responsive to the demands and needs of the project proponents and the various stakeholders; b. Clarifying the, coverage of the System and updating it to take into consideration industrial and technological innovations and trends c. Standardizing requirements to ensure focus on critical environment parameters; d. Simplifying procedures for processing ECC applications, and establishing measures to ensure adherence to ECC conditions by project proponents, and e. Assuring that critical environmental concerns are addressed during project development and implementation Section 3. Definition of Terms

DENR Administrative Order No. 2003- 30 SUBJECT: Implementing Rules and Regulations (IRR) for the Philippine Environmental Impact Statement (EIS) System Consistent with the continuing effort of the Department of Environment and Natural Resources (DENR) to rationalize and streamline the implementation of the Philippine Environmental Impact Statement (EIS) System established under Presidential Decree (PD) No. 1586, Presidential Proclamation No. 2146 defining the scope of the EIS System and pursuant to Administrative Order No. 42 issued by tile Office of the President on November 2, 2002, the following rules and regulations are hereby promulgated; ARTICLE I BASIC POLICY, OPERATING PRINCIPLES, OBJECTIVES AND DEFINITION OF TERMS Section 1. Principles Basic Policy and Operating

Consistent with the principles of sustainable development, it is the policy of the DENR to implement a systems-oriented and integrated approach to the LIS system to ensure a rational balance between socio-economic development and environmental protection for the benefit of present and future generations. The following are the key operating principles in the implementation of the Philippine EIS System: a. The EIS System is concerned primarily with assessing the direct and indirect impacts of a project on the biophysical and human environment and ensuring that these impacts addressed by

For the purpose of this definitions shall be applied;

Order,

the

following

a. Certificate, of Non-Coverage - a certification issued by the EMB certifying that, based on the submitted project description, the project is not covered by the EIS System and is not required to secure an ECC b. Co-located projects / undertakings- projects, or series of similar projects or a project subdivided to several phases and/or stages by the same proponent, located in contiguous areas. c Environment - Surrounding air, water (both ground and surface), land, flora, fauna, humans and their interrelations. d. Environmental Compliance Certificate (ECC)document issued by the DENR/EMB after a positive review of an ECC application, certifying that based on the representations of the proponent, the proposed project or undertaking will not cause significant negative: environmental impact. The ECC also certifies that the proponent has complied with all the requirements of the EIS System and has committed to implement its approved Environmental Management Plan. The ECC contains specific measures and conditions that the project proponent has to undertake before and during the operation of a project, and in some cases, during the project's abandonment phase to mitigate identified environmental impacts. e. Environmentally Critical Area (ECA) - area delineated as environmentally sensitive such that significant environmental impacts are expected if certain types of proposed projects or programs are located, developed or, implemented in it. f. Environmentally Critical Project (ECP) - project or program that has high potential for significant negative environmental impact. g. Environmental Guarantee Fund (EGF) - fund to be set up by a project proponent which shall be readily accessible and disbursable for the immediate cleanup or rehabilitation of areas affected by damages in the environment and the resulting deterioration of environmental quality as a direct consequence of a project's construction, operation or abandonment. It shall likewise be used to compensate parties and communities affected by the negative impacts of the project, and to fund community-based environment related projects including, but not limited to, information and education and emergency preparedness programs. h. Environmental Impact Assessment (EIA) - process that involves evaluating and predicting the likely impacts of a project (including cumulative impacts) on the environment during construction, commissioning, operation and abandonment. It also includes designing appropriate preventive, mitigating and enhancement measures addressing these consequences to protect the environment and the community's welfare. The process is undertaken by, among others, the project proponent and/or EIA Consultant, EMB, a Review Committee, affected communities and other stakeholders.

i. Environmental Impact Assessment Consultant - a professional or group of professionals commissioned by the proponent to prepare the EIS/IEE and other related documents. In some cases, the person or group referred to may be the proponent's technical staff. j. Environmental Impact Assessment Review Committee (EIARC) - a body of independent technical experts and professionals of known probity from various fields organized by the EMB to evaluate the EIS and other related documents and to make appropriate recommendations regarding the issuance or non-issuance of an ECC. k. Environmental Impact Statement (EIS) - document, prepared and submitted by the project proponent and/or EIA Consultant that serves as an application for an ECC. It is a comprehensive study of the significant impacts of a project on the environment. It includes an Environmental Management Plan/Program that the proponent will fund and implement to protect the environment l. Environmental Management Plan/Program (EMP) section in the EIS that details the prevention, mitigation, compensation, contingency and monitoring measures to enhance positive impacts and minimize negative impacts and risks of a proposed project or undertaking. For operating projects, the EMP can also be derived from an EMS, m. Environmental Management Systems (EMS) refers to the EMB PEPP EMS as provided for under DAO 2003-14, which is a part of the overall management system of a project or organization that includes environmental policy, organizational structure, planning activities, responsibilities, practices, procedures, processes and resources for developing, implementing, achieving, reviewing and maintaining an improved overall environmental performance. n. Environmental Monitoring Fund (EMF) -fund that a proponent shall set up after an ECC is issued for its project or undertaking, to be used to support the activities of the multi-partite monitoring team. It shall be immediately accessible and easily disbursable. o. Environmental Performance - capability of proponents to mitigate environmental impacts of projects or programs. p. Environmental Performance Report and Management Plan (EPRMP) - documentation of the actual cumulative environmental impacts and effectiveness of current measures for single projects that are already operating but without ECC's, i.e., Category A-3. For Category B-3 projects, a checklist form of the EPRMP would suffice. q. Environmental Risk Assessment (ERA) assessment, through the use of universally accepted and scientific methods, of risks associated with a project. It focuses on determining the probability of occurrence of accidents and their magnitude (e.g.

failure, of containment or exposure to hazardous materials or situations.) r. EMS-based EMP - environmental management plan based on the environmental management system (EMS) standard as defined in the DAO 2003-14. s. Initial Environmental Examination (IEE) Report – document similar to an EIS, but with reduced details and depth of assessment and discussion t. Initial Environmental Examination (IEE) Checklist Report - simplified checklist version of an IEE Report, prescribed by the DENR, to be filled up by a proponent to identify and assess a project's environmental impacts and the mitigation/enhancement measures to address such impacts. u. Multipartite Monitoring Team (MMT) - communitybased multi-sectoral team organized for the purpose of monitoring the proponent's compliance with ECC conditions, EMP and applicable laws, rules and regulations. v. Programmatic Environmental Impact Statement (PEIS) - documentation of comprehensive studies on environmental baseline conditions of a contiguous area. It also includes an assessment of the carrying capacity of the area to absorb impacts from colocated projects such as those in industrial estates or economic zones (ecozones), w. Programmatic Environmental Performance Report and Management Plan (PEPRMP) - documentation of actual cumulative environmental impacts of collocated projects with proposals for expansion. The PEPRMP should also describe the effectiveness of current environmental mitigation measures and plans for performance improvement. x. Project Description (PD) - document, which may also be a chapter in an EIS, that describes the nature, configuration, use of raw materials and natural resources, production system, waste or pollution generation and control and the activities of a proposed project. It includes a description of the use of human resources as well as activity timelines, during the pre-construction, construction, operation and abandonment phases. It is to be used for reviewing co-located and single projects under Category C, as well as for Category D projects. Y. Project or Undertaking - any activity, regardless of scale or magnitude, which may have significant impact on the environment. z. Proponent - any natural or juridical person intending to implement a project or undertaking. aa. Public Participation - open, transparent, gendersensitive, and community based process aimed at ensuring the social acceptability of a project or undertaking, involving the broadest range of stakeholders, commencing at the earliest possible stage, of project design and development and continuing until post-assessment monitoring.

bb. Procedural Review - phase in the ECC application review process to check for the completeness the required documents, conducted by EIAM Division at the EMB Central Office or Regional Office. cc. Process Industry - an industry whose project operation stage involves chemical, mechanical or other processes. dd. Scoping - the stage in the EIS System where information and project impact assessment requirements are established to provide the proponent and the stakeholders the scope of work and terms of reference for the EIS. ee. Secretary - the Secretary of the DENR. ff. Social Acceptability - acceptability of a project by affected communities based on timely and informed participation in the EIA process particularly with regard to environmental impacts that are of concern to them. gg. Stakeholders - entities who may be directly and significantly affected by the project or undertaking. hh. Substantive Review - the phase in the EIA process whereby the document submitted is subjected to technical evaluation by the EIARC. ii. Technology - all the knowledge, products, processes, tools, methods and systems employed in the creation of goods or providing services. ARTICLE II ECC APPLICATION PROCESSING AND APPROVAL PROCEDURES Section 4. Scope of the EIS System 4.1 In general, only projects that pose potential significant impact to the environment shall be required to secure ECC's. In coordination with the Department of Trade and Industry (DTI) and other concerned government agencies, the EMB is authorized to update or make appropriate revisions to the technical guidelines for EIS System implementation. 4.2 The issuance of ECC or CNC for a project under the EIS System does not exempt the proponent from securing other government permits and clearances as required by other laws. In determining the scope of the EIS System, two factors are considered: (i) the nature of the project and its potential to cause significant negative environmental impacts, and (ii) the sensitivity or vulnerability of environmental resources in the project area. 4.3 The specific criteria for, determining projects or undertakings to be covered by the EIS System are as follows: a. Characteristics of the project or undertaking • Size of the project • Cumulative nature of impacts vis-a-vis: other projects • Use of natural resources

4.1 Documentary Requirements for Proponents ECC processing requirements shall focus on information needed to assess critical environmental impacts of projects. f. b. when required. Category D. Location of the Project • Vulnerability of the project area to disturbances due to its ecological importance. including technical/socioeconomic data used/generated. endangered or protected status • Conformity of the proposed project to existing land use. frequency. as validated by EMB. which shall be made within the first 75% of the processing timeframe shown in Section 5. Matrix of the scoping agreement identifying critical issues and concerns. Initial Environmental Examination (IEE) Report IEE Report is similar to an EIS. j.• Generation of waste and environment-related nuisance • Environment-related hazards and risk of accidents b. and reversibility of the impact The following are the categories projects/undertakings under the EIS system: of Section 5. duration. certificate of zoning viability and municipal land use plan. operation and decommissioning). Projects unlikely to cause adverse environmental impacts. The EMB shall coordinate with relevant government agencies and the private sector to customize and update IEE Category A. EIS Executive Summary. The EMB-DENR. Accountability statement of EIA consultants and the project proponent. For ecozones. and k.6 Projects classified under Category D may secure a CNC. Processing requirements shall be customized based on the project categories.7 Projects/undertakings introducing new technologies or construction technique but which may cause significant negative environmental impacts shall be required to submit a Project Description Which will be used as basis by EMB for screening the project and determining its category.1. e. Project Description. including the impact absorptive capacity of the environment c. 5. 4. d. 4. 5.2. The EIS should contain at least the following: a.2. Proposals for Environmental Monitoring and Guarantee Funds including justification of amount. and proof of consultation with stakeholders.4 Proponents of co-located or single projects that fall under Category A and B are required to secure ECC. h. Nature of the potential impact • Geographic extent of the impact and size of affected population • Magnitude and complexity of the impact • Likelihood. projects or undertakings to provide additional environmental safeguards as it may deem necessary. . Environmental Management Program/Plan. but which may cause negative environmental impacts because they are located in Environmentally Critical Areas (ECA's) Category C. Environmental Risk Assessment if determined by EMB as necessary during scoping. Impact assessment focused on significant environmental impacts (in relation to project construction/commissioning.2 Forms and Contents of EIA Study Reports and Other Documents Required Under the EIS System The following are the different forms of EIA study reports and documents required under the EIS System. ECC application may be programmatic based on submission of a programmatic EIS.1. Projects that are not categorized as ECPs. however. quality and regenerative capacity of natural resources in the area. Projects intended to directly enhance environmental quality or address existing environmental problems not falling under Category A or B. Baseline environmental conditions focusing on the sectors (and resources) most significantly affected by the proposed action.5 Projects under Category C are required submit Project Description. 4. DENR employees are prohibited from taking part in the preparation of such documents. taking into account cumulative impacts. The DENR/EMB shall limit to a maximum of two (2) official requests (in writing) to the project proponent for additional information. Supporting documents. i. c. It may be customized for different types of projects under Category B. Requirements for Securing Environmental Compliance Certificate (ECC) and Certificate of Non-Coverage (CNC) 5. but with reduced details of data and depth of assessment and discussion. Environmentally Critical Projects (ECPs) with significant potential to cause negative environmental impacts Category B. For co-located projects. the proponent has the option to secure a Programmatic ECC.1. Environmental Impact Statement (EIS).2. The total maximum processing time reckons from the acceptance of the ECC/CNC application for substantive review up to the issuance of the decision 5. or locator-specific based on submission of project EIS by each locator. Other clearances and documents that may be determined and agreed upon during scoping. based on approved zoning or on national laws and regulations • Relative abundance. g. may require such. .

c.2.2.6. Programmatic Statement (PEIS) Environmental Impact . 5. 5. i. Proposals for Environmental Monitoring & Guarantee Funds and terms of reference for the Multi-partite Monitoring Team. 5. An EMP based on the environmental management system framework and standard set by EMB. Project Description. and c. b. Capitalization and manpower requirement. i. and c. water. Detailed comparative. Documentation of the environmental performance based on the current/past environmental management measures implemented. [-co-profiling of air. b. g. Duties of the Environmental Management Unit to be created.5.2. description of the process or manufacturing technology. e. Environmental Performance Report and Management Plan (EPRMP) The EPRMP shall contain the following: a. e. Environmental Management Plan to include allocation scheme for discharge of pollutants. criteria for acceptance of locators. Summary matrix of scoping agreements as validated by EMB. Environmental Management Plan to include allocation scheme for discharge of pollutants. and relevant people aspects. h.4.3. Environmental Performance Report and Management Plan The EPRMP shall contain the following: a. For process industries. Other supporting documents and clearances that may be agreed during the scoping. 5. EMP based on an environmental management system framework and standard set by EMB. Programmatic Performance Report and (PEPRMP). or how The PEPRMP shall contain the following: a. 5. b. d. 5.6. Baseline conditions for critical environmental parameters. f. Project Description of the co-located projects. Duties of the Environmental Management Unit to be created. a detailed description on how environmental efficiency and overall performance improvement will be attained. An EMP based on an environmental management system framework and standard set by EMB. c. Project Description. Description of the project. environmental management guidebook for locators.5. b. 5. description of the proposed project expansion and/or process modification with corresponding material and energy balances in the case of process industries. f. b. b. Project Description (PD) The PD shall be guided by the definition of terms and shall contain the following: a. land.2. Environmental Risk Assessment (if found necessary during scoping). d. and environmental liability scheme. 5. Environmental Risk Assessment (if found necessary during scoping). e. water. land. For Category C projects. and relevant people aspects. e. d. [-co-profiling of air. Executive Summary. Detailed comparative.2. especially for small and medium enterprises.4. Project Description. EMP based on an environmental management system framework and standard set by EMB. Environmental carrying capacity analysis. d. criteria for acceptance of locators. and environmental liability scheme. b. environmental management guidebook for locators. g. Other supporting documents and clearances that may be agreed during the scoping.2. Baseline conditions for critical environmental parameters. c.2. especially for small and medium enterprises. c. Documentation of the actual environmental performance based on current/past environmental management measures implemented. Proposals for Environmental Monitoring & Guarantee Funds and terms of reference for the Multi-partite Monitoring Team. Documentation of the environmental performance based on the current/past environmental management measures implemented. Summary matrix of scoping agreements as validated by EMB. type and volume of products and discharges: e. Project Description (PD) The PD shall be guided by the definition of terms and shall contain the following: and update IEE Checklists to further streamline ECC processing. and j. Programmatic Statement (PEIS) Environmental Impact The PEIS shall contain the following: a.3. Programmatic Environmental Performance Report and Management Plan (PEPRMP). Environmental Management Plan The PEIS shall contain the following: a. The PEPRMP shall contain the following: a. a listing of raw materials to be used.2. Location and area covered.Checklists to further streamline ECC processing. Project Description of the co-located projects. Project Description. Executive Summary. d. h. c. description of the proposed project expansion and/or process modification with corresponding material and energy balances in the case of process industries. Documentation of the actual environmental performance based on current/past environmental management measures implemented. and j. Environmental carrying capacity analysis.

g. The public hearing/ consultation Process report shall be validated by the EMB/EMB RD and shall constitute part of the records of the EIA process. The ECC or Denial Letter shall be issued directly to the project proponent or its duly authorized representative.4. Decision Document This is an official letter regarding the decision on the application. and receipt of the letter shall be properly documented. file an appeal on the following grounds: a. a public hearing is not mandatory unless specifically required by EMB. For all other undertakings. Serious errors in the review findings. he or she must submit a memorandum to the EMB Director through the EIARC Chairman his or her reasons for dissenting. d. EIARC Report This report. Grave abuse of discretion on the part of the deciding authority. Key issues/concerns and the proponent's response to these. e. including social acceptability measures. No ECC shall be released until the proponent has settled all liabilities.public consultations early in order to ensure that environmentally relevant concerns of stakeholders are taken into consideration in the EIA study and the formulation of the management plan. e. All public consultations and public hearings conducted during the EIA process are to be documented. The ECC of a project not implemented within five years from its date of issuance is deemed expired. 5. The EMS-based EMP is an option that proponents may undertake in lieu of the EPRMP for single projects applying for ECC under Category A-3 and B3. based on the proponent's work plan as submitted to the EMB.4. Acceptability of proposed EMP including the corresponding cost of mitigation. human settlements). topography. along with the proposed mitigation and enhancement measures. 5. The ECC shall contain the scope and limitations of the approved activities. Frivolous appeals shall not be countenanced.3.3 Public Hearing 1 Consultation Requirements For projects under Category A-1.an existing environmental problem will be effectively solved or mitigated by the project. The DENR may adopt alternative conflict/dispute resolution procedures as a means to settle grievances between proponents and aggrieved parties to avert unnecessary legal action. the conduct of public hearing as part of the EIS review is mandatory unless otherwise determined by EMB. Recommended decision regarding the ECC application as well as proposed ECC conditions. At a minimum the EIARC report should contain. EMS-based EMP. 5. fines and other obligations with DENR. Documentation of compliance with procedural requirements. 5. Documentation of compliance with technical/substantive review criteria. Summary of the environmental impacts of the undertaking.2. within 15 days from receipt of such decision. as well as conditions to ensure compliance with the Environmental Management Plan. It may be in the form of an Environmental Compliance Certificate or a Denial Letter.7. Key bases for the decision on the ECC application. b. The EIARC Report shall be written by the designated member of the EIARC and signed by all the members within five days after the final review meeting. or b.2.1. The proponent or any stakeholder may file an appeal to the following: Deciding Authority Where to file the appeal . The report should contain at least the following: a. A detailed location map of the impacted site showing relevant features (e. If an EIARC member dissents. 5.g. b. Review Process Report This is to be prepared by the EMB Central or EMB RO. The reckoning date of project implementation is the date of ground breaking. Section 6.4 Documentation Requirements for DENREMB and EIA Reviewers The EMB Central Office as well as the EMB Regional Offices shall document the proceedings of the ECC application process and shall set up and maintain relevant information management systems.4. It is to be forwarded to the DENR Secretary or RD as reference for decision-making and maintained as part of the records on the ECC application. Description of residual or unavoidable environmental impacts despite proposed mitigation measures. A Denial Letter on the other hand shall specify the bases for the decision. EGF and EMF if required. Proponents should initiate . at a minimum. The documentation shall. c. and f. slope. a. Assessment of the proposed EMP (including risk reduction/management plan) and amounts proposed for the Environmental Guarantee Fund and the Environmental Monitoring Fund. Appeal Any party aggrieved by the final decision on the ECC / CNC applications may. Detailed assessment of the proposed mitigation and enhancement measures for the identified environmental impacts and risks. forms part of the EIS review documentation. The Proponent shall have to apply for a new ECC if it intends to pursue the project. and f. to be prepared by the EIA Review Committee. c. Key issues/concerns and the proponent's response to these. if applicable. include the following: 5. The ECC shall also specify the setting up of an EMF and EGF. Timelines for construction and commissioning . d.

3. The Manual of Procedures shall be updated as the need arises to continually shorten the review and approval/denial timeframes where feasible. EIS System Procedures 8. 8. The MMT shall submit a semi-annual monitoring report within January and July of each year.1. monitoring responsibilities to other relevant government agencies as may be deemed necessary. Requests for major changes to ECCs shall be decided upon by the deciding authority. The procedures to enable the processing of ECCICNC applications within the timeframes. specified in AO 42 shall be prescribed in a Procedural Manual to be issued by the EMB Central Office within ninety (90) days from the date of this Order. (ii) the carrying capacity of the environment. The project proponent may resubmit its application. the responsible authority (Secretary or EMB Director/ Regional Director). 8. including the required additional information. Section 8. within one (1) year for Category A projects and six (6) months for Category B projects without having to pay processing and other fees. 8. a multi-partite monitoring team (MMT) shall be formed immediately after the issuance of an ECC. The decision shall nonetheless reflect a thorough assessment of impacts taking into consideration (i) the significance of environmental impacts and risks. . Other details on requirements for monitoring of projects with ECCs shall be stipulated in a procedural manual to be formulated by EMB. The EMB shall formulate guidelines for operationalizing area-based or cluster-based MMT. The team shall be tasked to undertake monitoring of compliance with ECC conditions as well as the EMP. the EMB shall return the application to the proponent. the processing of the amendment application shall not exceed thirty (30) working days. 9. despite written request from EMB and despite an adequate period for the proponent to comply with the said requirement. Monitoring of Projects with ECCs Post ECC monitoring of projects shall follow these guidelines.2. 8.1. (iv) and the proponent's commitment.2. the matter shall be treated as a new application. The EMB shall study the potential application of EIA to policy-based undertakings as a further step toward integrating and streamlining the EIS system.2 Processing Timeframe 8. If no decision is made within the specified timeframe. the ECC/CNC application is deemed automatically approved and the approving authority shall issue the ECC or CNC within five (5) working days after the prescribed processing timeframe has lapsed. including representatives from concerned LGU's. locally accredited NGOs/POs. 8. The Bureau may also develop guidelines for delegating.1 Multipartite Monitoring Team For projects under Category A. 8.1. 8.2. the EMB may deny issuance of ECC if the proponent fails to submit required additional information critical to deciding on the ECC/CNC application. shall make a decision based on the available information so as to comply with the prescribed timeframe.2.3.2.EMB Regional Office Director Office of the EMB Director EMB Central Office Office of the DENR Secretary DENR Secretary Office of the President Section 7. Formulation of said procedures shall conform to the following guidelines. Otherwise.3. to institute effective environmental management measures. Section 9.1. For ECCs issued pursuant to an IEE or IEE checklist. and other sectors that may be identified during the negotiations.2. such as the terms of reference for the feasibility study and copies of the feasibility study report. relevant government agencies. the processing shall not exceed sixty (60) working days.3. Provisions on automatic approval related to prescribed timeframes under AO 42 shall also apply for the processing of applications to amend ECCs. In cases where EMB and the project proponent have exhausted all reasonable efforts to generate the information needed for deciding on the ECC/CNC application. For projects whose significant environmental impacts do not persist after the construction phase or whose impacts could be addressed through other regulatory means or through the mandates of other government agencies. concerned EMB Regional Office. In cases where ECC issuance cannot be decided due to the proponent's inability to submit required additional information within the prescribed period. the community. However. The MMT shall be composed of representatives of the proponent and of stakeholder groups. Proponents required to establish an MMT shall put up an Environmental Monitoring Fund (EMF) not later than the initial construction phase of the project. (iii) equity issues with respect to use of natural resources.1 Manual of Procedures 8. 8. EMB may validate whether or not the EIS was integrated with project planning by requiring relevant documentary proofs.3 Amending an ECC Requirements for processing ECC amendments shall depend on the nature of the request but shall be focused on the information necessary to assess the environmental impact of such changes. the operations of MMT may be terminated immediately after construction or after a reasonable period during implementation. The EIA Process in Relation to the Project Planning Cycle Proponents are directed under AO 42 to conduct simultaneously the environmental impact study and the project planning or feasibility study. and for ECCs issued pursuant to an EIS.3. Requests for minor changes to ECCs such as extension of deadlines for submission of post-ECC requirements shall be decided upon by the endorsing authority.1.

The . Coordination with other Government Agencies and other Organizations The DENR-EMB shall conduct regular consultations with DTI and other pertinent government agencies. ARTICLE 1V Section 10. ARTICLE Ill STRENGTHENING THE THE PHILIPPINE EIS SYSTEM IMPLEMENTATION OF information system shall include regular updating of the status of ECC applications through a website and through other means. affected communities. and representatives of concerned stakeholders. the proponent should inform EMB to relieve the former from the requirement for continued compliance with the ECC conditions. Creation of an HAM Division and Strengthening of Review and Monitoring Capability In order to effectively implement the provisions of this administrative order.1 The EIA Evaluation Section shall be in charge of screening projects for coverage under the EIS System. An integrated MOA on the MMT-EMF-EGF shall be entered into among the EMB Central Office. The EMB may commission independent professionals.3 Environmental Guarantee Fund An Environmental Guarantee Fund (EGF) shall be established for all co-located or single projects that have been determined by DENR to pose a significant public risk or where the project requires rehabilitation or restoration.3 In the EMB Central Office. Information Systems Improvement The information system on the EIS System implementation shall be improved for the effective dissemination of information to the public. an abandonment/decommissioning plan shall be submitted for approval by EMB at least six (6) months before the planned abandonment/decommissioning. It shall ensure that a continually improving systems-oriented and integrated approach is followed in implementing the Philippine EIS System vis-a-vis national development programs. the current EIA ad hoc division at the EMB Central Office and the EMB Regional Offices that are primarily in-charge of processing ECC applications and post-ECC monitoring shall be converted to a full-pledged Environmental Impact Assessment and Management Division (EIAMD).2 The Impact Monitoring and Validation Section shall be in charge of monitoring compliance to ECC conditions and implementation of the Environmental Management Program (EMP): The unit shall also validate actual impacts as a basis for evaluating environmental performance and effectiveness of the EMP. academic and professional organizations that can be tapped to train professionals in conducting EIA using training modules approved by EMB. Section 12. and (2) Program and Policy Level Systems Planning and Management Unit. consistent with provisions of DAO 2003-14 on the Philippine Environmental Partnership Program.4 Abandonment For projects that shall no longer be pursued. and evaluation of EIS's and IEE's submitted for ECC issuance. and relevant government agencies identified by EMB. This section shall also be responsible for technical coordination with the EIA Division in the different EMB Regional Offices. continual improvement of the technical capability of the Staff of the EIA Division shall be undertaken. EIS Scoping. Section 13. The said proponent shall submit to EMB a copy of the audit findings and shall be held accountable for the veracity of the report. or an EMS-based EMP. experts from the academe and representatives from relevant government agencies as members of the EIA Review Committee as may be deer 31d necessary. Section 11. The section shall have two units responsible for specific systems level concerns: (1) Project Level Systems Planning and Management Unit. An EGF Committee shall be formed to manage the fund. for screening for coverage. affected industry groups and other stakeholders on continually streamlining the processing of ECC applications and post ECC implementation to fulfill the policy and objectives of this administrative order. The EMB may opt to validate the said report. It shall be composed of representatives from the EMB Central Office. 9. Further. EMB Regional Office. For projects with ECCs issued based on a PEPRMP. The proponent's environmental unit shall submit a semi-annual monitoring report within January and July of each year. It shall have three units responsible. the EMB shall establish an accreditation system for individual professionals. and evaluation of ECC applications. 13. The implementation of the plan shall be verified by EMB. a third party audit may be undertaken by a qualified environmental or EMS auditor upon the initiative of the proponent and in lieu of forming an MMT.9. For projects that have already commenced implementation. EMB Regional Office. EIS Scoping. The President shall be apprised of the issues raised as well as the actions taken by DENR to address these issues whenever necessary. respectively. The Division shall have the following structure and functions: 13. EPRMP. Accreditation System To enhance the quality of the EIS submitted to the DENR/EMB. The organizational structure of the EMB Central Office is in Annex 1. 13. there shall be a Systems Planning and Management Section. 9. concerned LGUs. the proponent. The EMB shall also work with DTI-BPS for an accreditation system for environmental and EMS auditors.2 Self-monitoring and Third Party Audit The proponent shall also conduct regular selfmonitoring of specific parameters indicated in the EMP through its environmental unit.

Section 18. Fees All proponents. The EMB Director or the EMB-RD may issue a Cease and Desist Order (CDO) based on violations under the Philippine EIS System to prevent grave or irreparable damage to the environment. the new position items for the EIA Division shall be created out of the existing budget and vacant position items within the government service. . An appeal or any motion seeking to lift the CDO shall not stay its effectivity. Repealing Clause This Order hereby supersedes Department Administrative Order No. The EMB may publish the identities of firms that are in violation of the EIA Law and its Implementing Rules and Regulations despite repeated Notices of Violation and/or Cease and Desist Orders. Per AU 42. shall pay filing fees and other charges in accordance with prescribed standard costs and fees set by EMB in relation to the implementation of the Philippine EIS System. adequate funding should be provided under the annual General Appropriations Act. Details of the Fines and Penalty Structure shall be covered by a separate order. 96-37. as shown in Annex 2. 1586.MISCELLANEOUS PROVISIONS Section 14. and its Implementing Rules and Regulations. which shall be reclassified accordingly. Transitory Provisions The DENR may extend reprieve to proponents of projects operating without ECC (Categories A-3 and B-3) from penalties specified in PD 1586 upon registration with the EMB Central Office. An Environmental Performance Report and Management Plan (EPRMP) shall be submitted as a requirement for such ECC application within six months from the signing of this Administrative order. Budget Allocation For the effective implementation of this order. During the period that that the Procedural Manual and other necessary guidelines are being prepared. the DENR shall act on such appeal or motion within ten (10) working days from filing. DAO 2000-05 and other related orders. Section 16. Such CDO shall be effective immediately. which are inconsistent herewith. 2000-37. upon submission of the IEEIEIS and application for amendment. existing guidelines which are consistent with the provisions of this Order shall remain in effect. Section 15. Penalties And Sanctions The EMB Central Office or Regional Office Directors shall impose penalties upon persons or entities found violating provisions of P. Section 17. The proponent shall shoulder the cost of reviewing the EIS. Adequate resources shall be provided for the formulation of the Procedural Manual and for the effective implementation of this Order. However. Department Administrative Order No.D. Fines.

Subject to said control. No. and his decisions as to questions of fact shall be conclusive when approved by the Secretary of Agriculture and Commerce. have reverted to or become the property of the Commonwealth of the Philippines. sale or any other form of concession or disposition and management of the lands of the public domain. AND CLASSIFICATION. 3. AND OFFICERS CHARGED WITH ITS EXECUTION Sec. as may be necessary and proper to carry into effect the provisions thereof and for the conduct of proceedings arising under such provisions. 9. The President. AND SURVEY . shall from time to time declare what lands are open to disposition or concession under this Act. Sec. for the purposes of their administration and disposition. FOR THE CONCESSION THEREOF Sec. or the head of a family. 7. rules. Sec. 4. TITLE II AGRICULTURAL PUBLIC LANDS CHAPTER III FORMS OF CONCESSION OF AGRICULTURAL LANDS Sec. DELIMITATION. Any citizen of the Philippines over the age of eighteen years. who shall act under his immediate control. DELIMITATION. 2. the President. upon recommendation by the Secretary of Agriculture and Commerce. nor those on which a private right authorized and recognized by this Act or any other valid law may be claimed. according to the use or purposes to which such lands are destined. Only those lands shall be declared open to disposition or concession which have been officially delimited and classified and. Public lands suitable for agricultural purposes can be disposed of only as follows. when practicable. as follows: (a) Agricultural (b) Residential commercial industrial or for similar productive purposes (c) Educational. transfer lands from one class to another. and regulations consistent with this Act. 141 : AN ACT TO AMEND AND COMPILE THE LAWS RELATIVE TO LANDS OF THE PUBLIC DOMAIN TITLE I TITLE AND APPLICATION OF THE ACT. Sec. the Director of Lands shall have direct executive control of the survey. or “concession” as used in this Act. having been reserved or appropriated. suspend their concession or disposition until they are again declared open to concession or disposition by proclamation duly published or by Act of the National Assembly. Sec. 6. shall mean any of the methods authorized by this Act for the acquisition. The Director of Lands. who does not own more than twenty-four hectares of land in the Philippines or has not had the benefit of any . shall from time to time make the classifications provided for in this section. shall from time to time classify the lands of the public domain into (a) Alienable or disposable.C. 12. being privately owned. the President may. 5. declare lands of the public domain open to disposition before the same have had their boundaries established or been surveyed. use. but timber and mineral lands shall be governed by special laws and nothing in this Act provided shall be understood or construed to change or modify the administration and disposition of the lands commonly called “friar lands” and those which. have ceased to be so However. and (c) Mineral lands. for the same reason. LANDS TO WHICH IT APPLIES. LANDS TO WHICH IT REFERS. 11. For the purpose of their administration and disposition. or other similar purposes (d) Reservations for town sites and for public and quasi-public uses. upon recommendation by the Secretary of Agriculture and Commerce. Sec. and may. 8. and may at any time and in a like manner transfer such lands from one class to another. upon the recommendation of the Secretary of Agriculture and Commerce. for reasons of public interest. For the purposes of the administration and disposition of alienable or disposable public lands. charitable. CHAPTER II CLASSIFICATION. lease. The Secretary of Agriculture and Commerce shall be the executive officer charged with carrying out the provisions of this Act through the Director of Lands. or benefit of the lands of the public domain other than timber or mineral lands. with the approval of the Secretary of Agriculture and Commerce shall prepare and issue such forms. AND SURVEY OF LANDS OF THE PUBLIC DOMAIN. or which. and not otherwise: (1) For homestead settlement (2) By sale (3) By lease (4) By confirmation of imperfect or incomplete titles: (a) By judicial legalization (b) By administrative legalization (free patent). The words “alienation. nor in any manner become private property. and which have not been reserved for public or quasi-public uses.A. “‘disposition. or may. Sec. Sec. surveyed. Sec. lease. 10. instructions.THEREOF FOR CONCESSION CHAPTER I SHORT TITLE OF THE ACT. (b) Timber. at any time and in a similar manner. the lands of the public domain alienable or open to disposition shall be classified. nor appropriated by the Government. The provisions of this Act shall apply to the lands of the public domain. The President. which administration and disposition shall be governed by the laws at present in force or which may hereafter be enacted. classification.

and shall make affidavit that no part of said land has been alienated or encumbered. That any previous homesteader who has been issued a patent for less than twenty-four hectares and otherwise qualified to make a homestead entry. Any non-Christian Filipino who has not applied for a home-stead. the Director of Lands may. Sec. or voluntarily abandoned the land for more than six months at any one time during the years of residence and occupation herein required. If at any time before the expiration of the period allowed by law for the making of final proof. the person legally representing him may offer and submit the final proof on behalf of such incapacitated person. and any corporation or association of which at least sixty per centum of the capital stock or . the area of which shall not exceed four hectares. such proof will be made. he shall have the priority. may again acquire a homestead. it shall be proven to the satisfaction of the Director of Lands. Sec. as entry fee. desiring to live upon or occupy land on any of the reservations set aside for the so-called “non-Christian tribes” may request a permit of occupation for any tract of land of the public domain reserved for said non-Christian tribes under this Act. the applicant shall prove to the satisfaction of the Director of Lands. Upon the filing of an application for a homestead. and the name of the officer before whom. 21. 13. after due notice to the homesteader. as prescribed by the Secretary of Agriculture and Commerce shall be given to the public of his intention to make such proof. Sec. with the previous approval of the Director of Lands may transfer his rights to the land and improvements to any person legally qualified to apply for a homestead. if he finds that the application should be approved. For each permit the sum of one peso shall be paid. then. shall do so and authorize the applicant to take possession of the land upon the payment of five pesos. together with his previous homestead shall not exceed an area of twenty-four hectares. the Director of Lands. may be allowed another homestead which. who. the description of the land. shall forward them to the provincial treasurer. the applicant shall prove to the satisfaction of the Director of Lands that he has complied with all the requirements of the law. and immediately after such transfer. as final fee. sixty days after such delinquency has occurred.gratuitous allotment of more than twenty-four hectares of land since the occupation of the Philippines by the United States. At the option of the applicant. No certificate shall be given or patent issued for the land applied for until at least one-fifth of the land has been improved and cultivated. If at any time after the approval of the application and before the patent is issued. the names of the witness by whom it is expected that the necessary facts will be established. and any such citizen not of lawful age who is a head of a family. Sec. that he has resided continuously for at least one year in the municipality in which the land is located. 15. Before final proof shall be submitted by any person claiming to have complied with the provisions of this chapter. the applicant shall begin to work the homestead. through no fault of his own. If at the expiration of this term or at any time prior thereto. Sec. and no person to whom a homestead patent has been issued by virtue of the provisions of this Act regardless of the area of his original homestead. It shall be an essential condition that the applicant for the permit cultivate and improve the land. either cancel the application or grant an extension of time not to exceed one hundred and twenty days for the payment of the sum due. that the land entered is under the law not subject to homestead entry. or that the homesteader has actually changed his residence. Sec. payment of the fees required in this chapter may be made to the municipal treasurer of the locality. Philippine currency. then the applicant. from and after the date of the approval of the application. however. Any person who has so transferred his rights may not again apply for a new homestead. may enter a homestead of not exceeding twenty-four hectares of agricultural land of the public domain. otherwise the land shall be again open to disposition at the expiration of the permit. due notice. and that he has complied with all the requirements of this Act. Within six months from and after the date of the approval of the application. The permit shall be for a term of one year. but cannot continue with his homestead. In case the homesteader shall suffer from mental alienation. Every transfer made without the previous approval of the Director of Lands shall be null and void and shall result in the cancellation of the entry and the refusal of the patent. 14. and that the conveyance is not made for purposes of speculation. Sec. he shall be entitled to a patent. notify the Director of Lands as soon as he is ready to acquire the title. The applicant shall. within the said period. CHAPTER IV SALE Sec. or shall for any other reason be incapacitated from exercising his rights personally. The period within which the land shall be cultivated shall not be less than one or more than five years. the holder of the permit shall apply for a homestead under the provisions of this chapter. Provided. 20. stating therein the name and address of the homesteader. upon the payment of five pesos. the Director of Lands may cancel the entry. Sec. 19. Any citizen of lawful age of the Philippines. or in a municipality adjacent to the same. 17. If at the date of such notice. 16. 18. Sec. In case of delinquency of the applicant. otherwise he shall lose his prior right to the land. and there is a bona fide purchaser for the rights and improvements of the applicant on the land. the purchaser shall file a homestead application for the land so acquired and shall succeed the original homesteader in his rights and obligations beginning with the date of the approval of said application of the purchaser. or has otherwise failed to comply with the requirements of this Act. and has cultivated at least one-fifth of the land continuously since the approval of the application. and the time and place at which. the permit shall be cancelled. with its boundaries and area. in turn. Not more than one homestead entry shall be allowed to any one person. and if such cultivation has not been begun within six months from and after the date on which the permit was received. 22. including the portion for which a permit was granted to him.

and proceeding in accordance with the provisions of this Act. of the public domain. 25. If there are two or more equal bids which are higher than the others. and in the most conspicuous place in the provincial building and the municipal building of the province and municipality. one of which shall be at the municipal building. but if the value of the land does not exceed two hundred and forty pesos. But the total area so purchased shall in no case exceed the one thousand and twenty-four hectares authorized in this section for associations and corporations. In any case. or public bids will be called for. however. or partnerships were qualified under the last preceding section. however. and corporate bodies organized in the Philippines authorized under their charters to do so. convey. may be paid in full upon the making of the award. Sec. or any real right on such land and improvement: Provided. having acquired the same under the laws and regulations in force at the date of such acquisition. In case none of the tracts of land that are offered for sale or the purchase of which has been applied for. as amended. the Director of Lands may delegate to the District Land Officer concerned the power of receiving bids. but they shall not encumber. and. the publication in the Official Gazette and newspapers may be omitted. or any permanent improvement thereon. which amount shall be retained in case the bid is accepted as part payment of the purchase price: Provided. to the public domain. has an area in excess of twenty-four hectares. corporations. may purchase any tract of public agricultural land disposable under this Act. 28. on the land itself. In addition to existing publication requirements in section twenty-four of Commonwealth Act Numbered one hundred forty-one. at the date upon which the Philippine Constitution took effect. the applicant shall always have the option of raising his bid to equal that of the highest bidder. the purchaser must show of occupancy. The purchase price shall be paid as follows: The balance of the purchase price after deducting the amount paid at the time of submitting the bid. that belonged originally. as amended. associations. The Director of Lands shall announce the sale thereof by publishing the proper notice once a week for six consecutive weeks in the Official Gazette. 27. and other. 23. in the barrio council building of the barrio where the land is located. if practicable. association. No person. respectively. corporations. except by reason of hereditary succession. associations or partnerships which. and who have resided on the land applied for at least two years prior to the date of the application. That persons. Sec. or alienate the same to persons. shall be authorized to continue holding the same as if such persons. or in a neighboring province. and to the person making the highest bid on such public auction the land shall be awarded. or post-office money order payable to the order of the Director of Lands for ten per centum of the amount of the bid. really or presumptively. All bids must be sealed and addressed to the Director of Lands and must have enclosed therewith cash or certified check. and in this case the land shall be awarded to him. and which is organized and constituted under the laws of Philippines. corporations. but the District Land Officer shall submit his recommendation to the Director of Lands. Lands sold under the provisions of this chapter must be appraised in accordance with section one hundred and sixteen of this Act. Upon the opening of the bids. the land shall be awarded to the highest bidder. or permanent improvements on such lands. or in not more than ten equal annual installments from the date of the award. for the final decision of the latter in the case. really or presumptively. The District Land Officer shall accept and process any application for the purchase of public lands not exceeding five hectares subject to the approval of the Director of Lands within sixty days after receipt of the recommendation of said District Land Officer. his bid shall be accepted. and improvement of at least . held agricultural public lands or land of any other denomination. or partnerships not included in section twenty-two of this Act. by proceeding as prescribed in this chapter: Provided. and the same notice shall be posted on the bulletin board of the Bureau Of Lands in Manila. notices and of applications shall be posted for a period of not less than thirty days in at least three conspicuous places in the municipality where the parcel of land is located. If. duly legalized and acknowledged by competent courts. Sec. and in two newspapers one published in Manila and the other published in the municipality or in the province where the lands are located. The notices shall be published one in English and the other in Spanish or in the local dialect. and before any patent is issued. 24. or partnership other than those mentioned in the last preceding section may acquire or own agricultural public land or land of any other denomination or classification. 26. That no bid shall be considered the amount of which is less than the appraised value of the land.of any interest in said capital stock belongs wholly to citizens of the Philippines. or other action will be taken as provided in this chapter. or a real right upon such lands and Constitution took improvements. No bid received at such public auction shall be finally accepted until the bidder shall have deposited ten per centum of his bid. Sec. cultivation. the Director of Lands shall at once submit the land for public bidding. treasury warrant. associations. and shall fix a date not earlier than sixty days after the date of the notice upon which the land will be awarded to the highest bidder. the bid of the applicant is not one of such equal and higher bids. That partnerships shall be entitled to purchase not to exceed one hundred and forty-four hectares for each member thereof. as required in Section twenty-five of this Act. where the land is located. and one of such equal bids is that of the applicant. holding the auction. which is at the time or was originally. Public agricultural lands which are not located within ten (10) kilometers from the boundaries of the city proper in chartered cities or within five (5) kilometers from the municipal hall or town occupants plaza of any municipality may be sold to actual occupants who do not own any parcel of land or whose total land holdings do not exceed five hectares and who comply with the minimum requirements of Commonwealth Act numbered one hundred forty-one. corporation. not to exceed one hundred and forty-four hectares in the case of an individual and one thousand and twenty-four hectares in that of a corporation or association. The purchaser shall have not less than onefifth of the land broken and cultivated within five years after the date of the award. Sec. Sec.

title. after having made the last payment upon and cultivated at least one-fifth of the land purchased. corporation. convey or encumber or dispose said lands or rights thereon to any person. or partnership. But any purchaser of public land. 31. Sec. Any citizen of lawful age of the Philippines. as well as the disposal of such portion in the exclusive interest of the Government. corporation. This chapter shall be held to authorize only one purchase of the maximum amount of land hereunder by the same person. or partnership shall give a total area greater than area the acquisition of which by purchase is authorized under this Act. association. That any sale and encumbrance made in violation of the provisions of this section. 34. as soon as the excess above referred to occurs. association. for agricultural public land except under the homestead and free patent provisions of this Act: Provided. or partnership. At the request of Secretary of Agriculture and Commerce. or association shall be permitted to lease lands here-under which are not reasonably necessary to carry on his business in case of an individual. or partnership shall be permitted. association. The person. may purchase successively additional agricultural public land adjacent to or not distant from the land first purchased. association. the purchaser may not. Any excess in area over this maximum and all right. association. to acquire the title to or possess as owner any lands of the public domain if such lands. No person. If at any time after the date of the award and before the issuance of patent. and for each succeeding year fifty per centum shall be added to the last preceding annual tax rate. until the consent of the occupant or settler is first had. or partnership owning the land in excess of the limit established by this Act shall determine the portion of land to be segregated. employee or bondholder of any corporation or association holding or controlling agricultural public land shall apply. Sec. however. for a sum equivalent to the rental for at least. That in case land purchased is to be devoted to pasture. any member of which shall have received the benefits of this chapter or of the next following chapter. stockholder. that the purchaser has voluntarily abandoned the land for more than one year at any one time. corporation. or post-office money order payable to the order of the Director of Lands. or the business for which it was lawfully created and which it may lawfully pursue in the Philippines. Upon the land in excess of the limit there shall be paid. and which is organized and constituted under the laws of the Philippines. within a period of ten years from such cultivation or grant. Sec. or partnership. until the total area of such purchases shall reach the maximum established in this chapter: Provided. it is proved to the satisfaction of the Director of Lands. 32. Sec. That in making such additional purchase or purchases. for the purpose of removing the excess mentioned. and any corporation or association of which at least sixty per centum of the capital stock or of any interest in said capital stock belongs wholly to citizens of the Philippines. CHAPTER V LEASE Sec. so long as the same is not disposed of. and all payments on the purchase price theretofore made to the Government shall be forfeited. or partnership shall dispose of such lands within five years. or partnership resulting directly or indirectly in such excess shall revert to the State. the Solicitor-General or the officer acting in his stead shall institute the necessary proceedings in the proper court for the purpose of determining the excess portion to be segregated. without prejudice to any right or interest of the Government in the land: Provided. after due notice to the purchaser. 30. corporation. it shall be sufficient compliance with this condition if the purchaser shall graze on the land as many heads of his cattle as will occupy at least onehalf of the entire area at the rate of one head per hectare. not be construed to prohibit any person. interest. A notice of the date and place of the auction of the right to lease the land shall be published and announced in the same manner as that prescribed for the publication and announcement of the notice of sale. 33. either as an individual or as a member of any other corporation. for the first year a surtax of fifty per centum additional to the ordinary tax to which such property shall be subject. association. added to other lands belonging to such person. if the same shall be less than the maximum allowed by this Act. and no corporation. the same conditions shall be complied with as prescribed by this Act for the first purchase. then the land shall revert to the State. association. directly or indirectly. and all prior payments made by the purchaser and all improvements existing on the land shall be forfeited. agent. or until such claim shall be legally extinguished. corporation or association. an area not exceeding two thousand hectares may be granted. association. if an association or corporation. and no person. This section shall.one-fifth of the land applied for until the date on which final payment is made: Provided. or has otherwise failed to comply with the requirements of the law. 29. corporation. association. after the approval of this Act. corporation. but in this case. or partnership authorized by this Act to require lands of the public domain from making loans upon real necessary for the recovery of such loans. claim or action held by any person. representative. All bids must be sealed and addressed to the Director of Lands and must have enclosed therewith cash or a certified check. No member. in section twenty-four of this Act. such person. the first three months of the lease: Provided. After title has been granted. That no bid shall be considered in which the proposed annual rental is less than three per . may lease any tract of agricultural public land available for lease under the provisions of this Act. not exceeding a total of one thousand and twentyfour hectares. Treasury warrant. shall purchase any other lands of the public domain under this chapter. 35. Sec. however. corporation. Sec. until the property shall have been disposed of. attorney. shall be null and void and shall produce the effect of annulling the acquisition and reverting the property and all rights thereto to the State. If the land leased is adapted to and be devoted for grazing purposes. of officer. corporation. That no lease shall be permitted to interfere with any prior claim by settlement or occupation.

It shall be an inherent and essential condition of the lease that the lessee shall have not less than one-third of the land broken and cultivated within five years after the date of the approval of the lease: Provided. But if the land leased is adapted to and be devoted for granting purposes. after notice to the lessee. encumbrance. The annual rental of the land leased shall not be less than three per centum of the value of the land. 43. The commission of waste or violation of the forestry regulations by the lessee shall work a forfeiture of his last payment of rent and render him liable to immediate dispossession and suit for damage. proceed in accordance with section one hundred of this Act. if the term of the same shall be in excess of ten years. he shall notify the Director of Lands of his desire within the six months next preceding the date on which the reappraisal takes effect. or sublet his rights without the consent of the Secretary of Agriculture and Commerce. successors. either by himself or through his predecessors-in-interest. to persons. any lessee who shall have complied with all the conditions thereof and shall have the qualifications required by section twenty-two. 39. A member of the national cultural minorities who has continuously occupied and cultivated. and having complied with the requirements prescribed in section thirty nine. administrators. the annual rental shall be not less than two per centum of-the appraised and reappraised value thereof. and the violation of this condition shall avoid the contract: Provided. 38. a tract or tracts of land. but may be renewed once for another period of not to exceed twenty-five years.Every contract of lease under the provisions of this chapter shall contain a cause to the effect that are appraisal of the land leased shall be made every ten years from the date of the approval of the lease. it shall be sufficient compliance with this condition if the lessee shall graze on the land as many heads of cattle as will occupy at least one-half of the entire area at the rate of one head per hectare. 40. In case the lessee is not agreeable to the reappraisal and prefers to give up his contract of lease. That assignment. except for lands reclaimed by the Government. Leases shall run for a period of not more than twenty-five years. After having paid rent for at least the first two years of the lease. Sec. however. Sec. shall be entitled to the right granted in the preceding paragraph of this section: Provided. or subletting for purposes of speculation shall not be permitted in any case: Provided. or other minerals. which shall not be less than four per centum of the appraised and reappraised value of the land: Provided. 36. encumbrance. all buildings and other permanent improvements made by the lessee. Upon the final expiration of the lease. may lease successively additional agricultural public land adjacent to or near the land originally leased until the total. That in making such additional lease. 37. 42. encumber.area of such leases shall reach the maximum established in this chapter: Provided. the lessee of agricultural public land with an area than the maximum allowed by law. in the discretion of the Secretary of Agriculture and Commerce justify a renewal. and in case his request is approved. or subletting of lands leased under this Act. further. nineteen hundred and twenty-six or prior thereto. oil. to have a free patent issued to him for such tract or tracts of such land not to exceed twenty-four hectares. Sec. or under any previous Act. Sec. Sec. has continuously occupied and cultivated. or associations which under this Act. That nothing contained in this section shall be understood or construed to permit the assignment. the same conditions shall be complied with as prescribed by this Act for the first lease. executors. coal. and the land together with the said improvements shall be disposed of in accordance with the provisions of chapter five of this Act. That in case the land leased is to be devoted to pasture. The lessee shall not assign. or who shall have paid the real estate tax thereon while same has not been occupied by any person shall be entitled. are not authorized to lease public lands. or medicinal mineral waters existing upon the same. either by himself or through his predecessors-in-interest. The lease of any lands under this chapter shall not confer the right to remove or dispose of any valuable timber except as provided in the regulations of the Bureau of Forestry for cutting timber upon such lands. Any natural-born citizen of the Philippines who is not the owner of more than twenty-four hectares and who since July fourth. Sec. further. if the lessee should so desire. or assigns shall become the property of the Government. Sec. whenever the said part of the land is more valuable for agricultural purposes. 41. That at the time he files his free patent application he is not the owner of any real property secured or disposable under this provision of the Public Land Law . the Director of Lands may. The lease as to the part of the land which shall be mineral may be canceled by the Secretary of Agriculture and Commerce. whether disposable or not since July 4. That no bid shall be accepted until the bidder shall have deposited the rental for at least the first three months of the lease. a tract or tracts of agricultural public lands subject to disposition. according to the appraisal and reappraisal made in accordance with section one hundred sixteen of this Act.centum of the value of the land according to the appraisal made in conformity with section one hundred and sixteen of this Act. shall have the option of purchasing the land leased subject to the restrictions of chapter five of this Act. salts. During the life of the lease. Sec. That one-fourth of the annual rental of these lands reclaimed prior to the approval of this Act shall accrue to the construction and improvement portion of the Portworks Funds: And provided. corporations. in case the lessee shall have made important improvements which. his heirs. 1955. The auction of the right to lease the land shall be conducted under the same procedure as that prescribed for the auction sale of agricultural lands as described in section twenty-six of this Act: Provided. under the provisions of this chapter. 44. That the annual rental of not less than four per centum of the appraised and reappraised value of the lands reclaimed using the Portworks Fund after the approval of this Act shall all accrue to the construction and improvement portion of the Portworks Fund. Nor shall such lease confer the right to remove or dispose of stone. CHAPTER VI FREE PATENTS Sec.

47. but have with or without default upon their part. Bukidnon. shall determine or fix the time beyond which the filing of applications under this Chapter shall not extend. but whose titles have not been perfected or completed. Mt. chartered city. under a bona fide claim of ownership for at least 30 years shall be entitled to the rights granted in sub-section (b) hereof. provided its area does not exceed twenty-four hectares: Provided. not received title therefor. Provided. 1987 within which to take advantage of the benefit of this chapter: Provided. The period fixed for any district. The following-described citizens of the Philippines. shall from time to time fix by proclamation the period which applications for Proclamation free patents may be filed in the district. continuous. for at least thirty years immediately preceding the filing of the application for confirmation of title except when prevented by war or force majeure. or municipality shall begin to run thirty days after the publication of the proclamation in the Official Gazette and if available in one newspaper of general circulation in the city. upon recommendation of the Secretary of Natural Resources. The time to be fixed in the entire Archipelago for the filing of applications under this Chapter shall not extend beyond December 31. municipality or region specified in such proclamation. he shall cause a patent to issue to the applicant or his legal successor for the tract so occupied and cultivated. and Ifugao where the President of the Philippines. and notorious possession and occupation of agricultural lands of the public domain. continuous. Davao Oriental. 49. The persons specified in the next following section are hereby granted time. 48. of period province. Kalinga-Apayao. The application shall conform as nearly as may be in its material allegations to the requirements of an application for registration under the Land Registration Act. Sec. 50. occupying lands of the public domain or claiming to own any such lands or an interest therein. in each of the barrios of the municipality. must in every case present an application to the proper Court of First Instance. claiming any lands or interest in lands under the provisions of this chapter. under a bona fide claim of acquisition or ownership. 45. further. That the several periods of time designated by the President in accordance with section forty-five of this Act shall apply also to the lands comprised in the provisions of this chapter. province. Sulu. That this extension shall apply only where the area applied for does not exceed 144 hectares. Lanao del Norte. These shall be conclusively presumed to have performed all the conditions essential to a Government grant and shall be entitled to a certificate of title under the provisions of this chapter. If. Lanao del Sur. It shall moreover. (c) Members of the national cultural minorities who by themselves or through their predecessors-ininterest have been in open. The application shall also state the citizenship of the applicant and shall set forth fully the nature of the claim and when based upon proceeding initiated . Agusan del Sur. Sec. Davao del Sur. praying that the validity of the alleged title or claim be inquired into and that a certificate of title be issued to them under the provisions of the Land Registration Act. the Director of Lands shall be satisfied of the truth of the allegations contained the application and that the applicant comes within the provisions chapter. Any person or persons. No person claiming title to lands of the public domain not possession of the qualifications specified in the last preceding section may apply for the benefits of this chapter. or for any other cause. the municipal board or city council and barangay council affected. municipality or region subject thereto under the provisions of this chapter may be disposed of as agricultural public land without prejudice to the prior right of the occupant and cultivator to acquire such land under this Act by means other than free patent. not to extend beyond December 31. province. Davao del Norte. The President of the Philippines (Prime Minister). composition or other form of grant of lands of the public domain under the laws and royal decrees then in force and have instituted and prosecuted the proceedings in connection therewith. and shall be accompanied by a plan of the land and all documents evidencing a right on the part of the applicant to the land claimed. unless the same be extended by the President (Prime Minister) all the land comprised within such district. 46. but this section shall not be construed as prohibiting any of said persons from acting under this chapter at any time prior to the period fixed by the President. and copies thereof shall be posted on the bulletin board of the Bureau of Lands at Manila and at conspicuous places in the provincial building and at the municipal building and barangay hall or meeting place. A certified copy of said proclamation shall be furnished by the Secretary of Natural Resources within 30 days counted from the date of the presidential proclamation to the Director of Lands and to the provincial board. whether disposable or not.Sec. That no application shall be finally acted upon until notice thereof has been published in the municipality and barrio in which the land is located and adverse claimants have had an opportunity to present their claims. chartered city. may apply to the Court of First Instance of the province where the land is located for confirmation of their claims and the issuance of a certificate of title therefor. Cotabato. (b) Those who by themselves or through their predecessors in interest have been in open. or their legal representatives or successors in right. to wit: (a) Those who prior to the transfer of sovereignty from Spain to the prior United States have applied for the purchase. exclusive. if such applicants or grantees and their heirs have occupied and cultivated said lands continuously since the filing of their applications. Province. be announced by government radio whenever available. chartered city. Benguet. South Cotabato. and upon the expiration of the period so designated. 1987. CHAPTER VII JUDICIAL CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLES Sec. upon recommendation of the Secretary of Natural Resources. exclusive and notorious possession and occupation of lands of the public domain suitable to agriculture. except in the provinces of Agusan del Norte. province or municipality concerned. under the Land Registration Act . Sec. Sec. after the filing of the application and the investigation.

In cadastral proceedings. to cause to be filed in the proper Court of First Instance. the reason for such noncompliance. If said person shall fail to pay the amount of money required by the decree within a reasonable time fixed in the same. who may appear as a party in such cases: Provided. Sec. 55. if he deems it advisable for the interests of the Government. The fees provided to be paid for the registration of lands under the Land Registration Act shall be collected from applicants under this chapter. and praying that the title to any such land or the boundaries thereof or the right to occupancy thereof be settled and adjudicated. an answer or claim may be filed with the same effect as in the procedure provided in the last preceding two sections. 51. or other means. (b) Foreshore. such conflicting interests shall be adjudicated by the court and decree awarded in favor of the person or persons entitled to the land according to the laws. a petition against the holder. possessor. Sec. all of the papers in said case shall be transmitted papers by the clerk to the Solicitor General or officer acting in his stead. and is open to disposition or concession. shall be disposed of under the provisions of this chapter and not otherwise. Sec. the decision shall be in favor of the Government. 56. if any. industrial. it shall appear that had such claims been prosecuted to completion under the laws prevailing when instituted. or that the boundaries of any such land which has not been brought into court as aforesaid are open to question.under Spanish laws. (c) Marshy lands or lands covered with water bordering upon the shores or banks of navigable lakes or rivers. or under or by virtue of any law in effect prior to American occupation. the use made of the land. the court shall order the proceeding to stand dismissed and the title to the land shall then be in the State free from any claim of the applicant. together with a statement of the length of time such land or any portion thereof has been actually occupied by the claimant or his predecessors in interest. but if none of said person is entitled to the land. and the nature of the enclosure. The final decree of the court shall in every case be the basis for the original certificate of title in favor of the person entitled to the property under the procedure prescribed in section forty-one of the Land Registration Act. but would have involved payment therefor to the Government. Such judgment shall be certified to the Director of Lands by the clerk of the court for collection of the amount due from the person entitled to conveyance. filing. then and in that event the court shall. it shall specify as exactly as possible the date and form of application for purchase composition or other form of grant. stating in substance that the title of such holder. 52. claimant. possessor. further determine the amount to be paid as a condition for the registration of the land. he shall so certify to the proper Court of First Instance and said court shall forthwith order the registration of the land in favor of the competent person entitled thereto. It shall be lawful for the Director of Lands. in order that he may. or occupant is open to discussion. after decreeing in whom title should vest. 59. shall be immediately forwarded to the Director of Lands. Sec. The lands disposable under this title shall be classified as follows: (a) Lands reclaimed by the Government by dredging. Applications for registration under this chapter shall be heard in the Court of First Instance in the same manner and shall be subject to the same procedure as established in the Land Registration Act for other applications. and under the conditions of the grant then contemplated. or occupant of any land who shall not have voluntarily come in under the provisions of this chapter or of the Land Registration Act. or equity in. together with a plan of the lands claimed. or other productive purposes other than agricultural. except that a notice of all such applications. Upon payment to the Director of Lands of the price specified in the judgment. The judicial proceedings under this section shall be in accordance with the laws on adjudication of title in cadastral proceedings. 58. 53. being neither timber nor mineral land. 54. the extent of the compliance with the conditions required by the Spanish laws and royal decrees for the acquisition of legal title. is intended to be used for residential purposes or for commercial. except as expressly provided by laws enacted after said occupation of the Philippines by the United States. Whenever. the clerk of the court concerned shall certify that fact to the Director of Lands. or that it is advisable that the title to such lands be settled and adjudicated. Any tract of land of the public domain which. with a certified copy of the decree of confirmation or judgment of the court and the plan and technical description of the land involved in the decree or judgment of the court. TITLE III LANDS FOR RESIDENTIAL. COMMERCE AND INDUSTRY Sec. No title or right to. investigate all of the facts alleged in the application or otherwise brought to his attention. or if the person who might be entitled to the same lacks the qualifications required by this Act for acquiring agricultural land of the public domain. claimant. in any proceedings under this chapter to secure registration of an incomplete or imperfect claim of title initiated prior to the transfer of sovereignty from Spain to the United States. COMMERCIAL OR INDUSTRIAL PURPOSES AND OTHER SIMILAR PURPOSES CHAPTER VIII CLASSIFICATION AND CONCESSION OF PUBLIC LANDS SUITABLE FOR RESIDENCE. Sec. the conveyance of such land to the applicant would not have been gratuitous. whenever in the opinion of the President the public interests shall require it. through the SolicitorGeneral or the officer acting in his stead. The Solicitor-General shall return such papers to the clerk as soon as practicable within three months. Whenever any judgment of confirmation or other decree of the court under this chapter shall become final. Sec. If in the hearing of any application arising under this chapter the court shall find that more than one person or claimant has an interest in the land. . any lands of the public domain may hereafter be acquired by prescription or by adverse possession or occupancy. Sec. Sec. instead of an application. and if not fully complied with. 57. That prior to the publication for hearing.

further. not to exceed ten. and shall complete the said construction within eighteen months from said date. The leases executed under this chapter by the Secretary of Agriculture and Commerce shall. 66. Sec. The contract of sale may contain other conditions not inconsistent with the provisions of this Act. administrators. 60. Sec. in case they are . The lands reclaimed by the Government by dredging. (e) At the expiration of the lease or of any extension of the same. with the necessary streets and alley-ways between them. Sec. executors. the Director of Lands shall ask the Secretary of Agriculture and Commerce for authority to dispose of the same. corporation. That any person. (c) The term of the lease shall be as prescribed by section thirty-eight of this Act. (g) The continuance of the easements of the coast police and other easements reserved by existing law or by any laws hereafter enacted. however. however. successors. That twenty-five per centum of the total annual rental on all lands reclaimed prior to the approval of this Act and one per centum of the appraised or reappraised value of improvements shall accrue to the construction and improvement portion of the Portworks Fund: And provided. The lands comprised in classes (a). the Director of Lands shall give notice by public advertisement in the same manner as in the case of leases or sales of agricultural public land. Sec. corporation. 62. municipality. except for lands reclaimed by the Government which shall not be less than four per centum of the appraised or reappraised value of the land plus two per centum of the appraised or reappraised value of the improvements thereon: Provided. and shall in no case exceed one hundred and forty-four hectares: Provided. (f) The regulation of all rates and fees charged to the public. filling or otherwise shall be surveyed and may. or extend the time within which the construction of the improvements shall be commenced and completed. except when authorized by Congress: Provided. comprise the following conditions: (a) The purchaser shall make improvements of a permanent character appropriate for the purpose for which the land is purchased. or transferred to a province. subject to such conditions as he may prescribe. may lease land included under this title suitable for industrial or residential purposes. (b) The land rented and the improvements thereon shall be reappraised every ten years if the term of the lease is in excess of that period. The kind of improvements to be made by the lessee or the purchaser. and the annual submission to the Government for approval of all tariffs of such rates and fees. waive the rescission arising from a violation of the conditions of subsection (d). and said Director shall give notice to the public by publication in the Official Gazette or by other means. 63. The area of the land so leased or sold shall be such as shall. donations. be divided by the Director of Lands into lots and blocks. The lands included in class (d) may be disposed of by sale or lease under the provisions of this Act. Upon receipt of such authority. The sale of the lands comprised in classes (c) and (d) of section fifty-nine shall. 64. or branch or subdivision of the Government shall not be alienated. but the land so granted donated. That this limitation shall not apply to grants. Any tract of land comprised under this title may be leased or sold. as the case may be. and (c) of section fifty-nine shall be disposed of to private parties by lease only and not otherwise. The violation of one or any of the conditions specified in the contract shall give rise to the rescission of said contract. to any person. among other conditions. all improvements made by the lessee. The Secretary of Agriculture and Commerce may. upon recommendation by the Secretary of Agriculture and Commerce shall declare that the same are not necessary for the public service and are open to disposition under this chapter. Sec. but the lease granted shall only-be valid while such land is used for the purposes referred to. or assigns shall become the property of the Government. for the purpose stated in the notice and subject to the conditions specified in this chapter. in the judgment of the Secretary of Agriculture and Natural Resources. municipality or branch or subdivision of the Government for the purposes deemed by said entities conducive to the public interest.(d) Lands not included in any of the foregoing classes. as the case may be. 65. Whenever it is decided that lands covered by this chapter are not needed for public purposes. or association authorized to purchase or lease public lands for agricultural purposes. the lots or blocks specified in the advertisement. association or partnership disqualified from purchasing public land for agricultural purposes under the provisions of this Act. That the annual rental on lands reclaimed using the Portworks Fund together with the fee due on account of the improvement thereon after the effectivity of this Act shall all accrue to the construction and improvement portion of the Portworks Fund. that the lots or blocks not needed for public purposes shall be leased for commercial or industrial or other similar purposes. and shall complete the construction of said improvements within eighteen months from the date of such award. 61. as soon as the President. shall commence work thereon within six months from the receipt of the order of award. (b). be reasonably necessary for the purposes for which such sale or lease is requested. his heirs. and the plans thereof. encumbered. Sec. Sec. further. or otherwise disposed of in a manner affecting its title. with the approval of the Secretary of Agriculture and Commerce. (h) Subjection to all easements and other rights acquired by the owners of lands bordering upon the foreshore or marshy land. that the Government will lease or sell. (d) The lessee shall construct permanent improvements appropriate for the purpose for which the lease is granted. shall be subject to the approval of the Secretary of Public Works and Communications. (b) The purchase price shall be paid in cash or in equal annual installments. otherwise the Secretary of Agriculture and Natural Resources may rescind the contract. contain the following: (a) The rental shall not be less than three per centum of the appraised or reappraised value of the land plus one per centum of the appraised or reappraised value of the improvements. transfers made to a province. among others. shall commence the construction thereof within six months from the date of the award of the right to lease the land.

the public interest shall require it. at a price to be fixed by said Secretary. streets. under terms and conditions to be inserted in the contract. Sec. the lease or sale of those lots. 73. as a town site. Whenever any province. and shall also reserve and note the lots owned by private individuals as evidenced by record titles. and upon the completion of the survey he shall send the same to said Secretary. 67. Sec. if deemed necessary by the proper authorities. 68. college. the Director of Lands shall from time to time announce in the Official Gazette or in any other newspapers of general circulation. but the Secretary of Agriculture and Commerce may waive the conditions requiring cultivation. AND OTHER SIMILAR PURPOSES Sec. and if there shall not be any. and lots shall be laid out on the plat as though the lands owned or claimed by private persons were part of the public domain and part of the reservation. or such part thereof as he may deem proper. the Director of Lands. or any other form. upon payment of a reasonable charge. encumbered or resold under the conditions above set forth except with the approval of the Secretary of Agriculture and Commerce. shall reserve out of the land by him to be subdivided lots of sufficient size and convenient situation for public use. except when the public service requires their being leased or exchanged. alleys. Whenever it shall be considered to be in the public interest to found a new town. in his judgment. exchange. modification. may order the sale to be made without public auction. if there shall be such instructions. sale. or other branch or subdivision of the Government shall need any portion of the land of the public domain open to concession for educational. and adjudication shall be made to the highest bidder. . school. The avenues. and a certified copy of such proclamation shall be sent to the Director of Lands and another to the register of deeds of the province in which the surveyed land lies. It shall then be the duty of the Director of Lands. after having recorded the proclamation of the President and the survey accompanying the same. with a view to the possible subsequent purchase or condemnation thereof. Sec. if he approves the recommendations of the Director of Lands. However. Sec. The Secretary of Agriculture and Commerce. Such lots. with the approval of the President. would properly have to be executed under the supervision of the Bureau of Public Works. The plat of the subdivision shall designate certain lots for commercial and industrial uses and the remainder as residence lots. CHARITABLE. as the case may be. Sec. amendment. but not to exceed ninety-six hectares in any case. and to the forfeiture to the Government of all existing improvements: Provided. The Secretary of Agriculture and Commerce. parks. with the approval of the Secretary of Agriculture and Commerce. 70. in the form of donation. or other institutions for educational. with his recommendations. to direct a subdivision in accordance with the instructions of the Secretary of Agriculture and Commerce. TITLE V RESERVATIONS CHAPTER X TOWN SITE RESERVATIONS Sec. 75. Any tract of public land of the class covered by this title may be sold or leased for the purpose of founding a cemetery. parks. shall be numbered upon a general plan or system. the area to be such as may actually and reasonably be necessary to carry out such purpose. or if the National Assembly disposes otherwise. and squares. 69. alleyways. university. the President. may execute contracts in favor of the same. shall submit the matter to the President to the end that the latter may issue a proclamation reserving the land surveyed. Sec. The Secretary of Agriculture and Commerce shall direct the Director of Lands to have a survey made by his Bureau of the exterior boundaries of the site on which such town is to be established. 72.constructions or improvements which if by the Government. encumber or lease the land for the purposes of speculation or use it for any purpose other than that contemplated in the application. The Secretary of Agricultural and Commerce may grant to qualified persons temporary permission. The sale or lease shall be made subject to the same conditions as required for the sale and lease of agricultural public land. the sale or lease shall be made by sealed bidding as prescribed in section twenty-six of this Act. TITLE IV LANDS FOR EDUCATIONAL. or the lease to be granted without auction. as well as the necessary avenues. church. whether public or private. That it shall in no case be sublet. upon recommendation by the Secretary of Agriculture and Commerce. lease. streets. The plat prepared by the Director of Lands shall be submitted to the Secretary of Agriculture and Commerce for consideration. but land so granted shall in no case be encumbered or alienated. charitable or philanthropical purposes or scientific research. then in the manner which may to the Director of Lands seem best adapted to the convenience and interest of the public and the residents of the future town. The lease or sale shall be made through oral bidding. the provisions of which shall be applied wherever applicable. municipality. Unless the necessary reservations are made in the proclamation of the President. 74. or approval. if necessary Sec. if conveyance he sees fit. 71. In either case it shall be a condition that the purchaser or lessee or their successors or assigns shall not sell transfer. charitable or other similar purposes. and having completed the legal proceedings prescribed in chapter thirteen of this Act. and that the violation of this condition shall give rise to the immediate rescission of the sale or lease. for other lands belonging to private parties. at a rental to be fixed by him. CHARITABLE. subject to revocation at any time when. where an applicant has made improvements on the land by virtue of a permit issued to him by competent authority. If all or part of the lots remain unleased or unsold. for the use of any portion of the lands covered by this chapter for any lawful private purpose. or possessed or claimed by them as private property. plazas. AND OTHER SIMILAR PURPOSES CHAPTER IX CONCESSION OF LANDS FOR EDUCATIONAL.

after the approval and recording of the plat of subdivision as above provided. then the President may order that the lands of the public domain within such reservation be granted under the general provisions of this Act to the said inhabitants. The Assembly shall have the power at any time to modify. or of the inhabitants thereof. When the plat of subdivision has been finally approved by the Secretary of Agriculture and Commerce. designate any tract or tracts of the public domain for the exclusive use of the nonChristian Filipinos. granted by sultans. with or without conditions. and all deeds and other documents executed or issued or based upon the deeds. but final disposition shall be made of the land in accordance with the provisions of this Act. and the exercise of this power shall be understood as reserved in all cases. the Director of Lands shall be authorized to sell them at private sale for not less than two-thirds of their appraised value. in order that such person or corporation may clear. But any non-Christian inhabitant may at any time apply for the general benefits of this Act provided the Secretary of Agriculture and Commerce is satisfied that such inhabitant is qualified to take advantage of the provisions of the same: Provided. The Secretary of Agriculture and Commerce may also. Sec. the Director of Lands shall record the same in the records of his office and shall forward a certified copy of such record to the register of deeds of the province in which the land lies. Upon the recommendation of the Secretary of Agriculture and Commerce. All funds derived from the sale of lots shall be covered into the Philippine Treasury as part of the general funds. As soon as the Secretary of the Interior shall certify that the majority of the non-Christian inhabitants of any given reservation have advanced sufficiently in civilization. or reservations. Sec. by title or gratuitous patent. under conditions to be established by the Assembly. or partnerships not authorized to purchase public lands for commercial. in accordance with regulations prescribed for this purpose. under the same conditions as the first time. annul. or easements appertaining to or growing out of lands. 84. as an inherent condition thereof. the President may.76. and of no effect. turn over a colony so reserved to any person or corporation. The provisions of sections twenty-six and sixty-five of this Act shall be observed in so far as they are applicable. and the subdivision and distribution of said lands as above provided shall be taken into consideration in the final disposition of the same. 83. and although the disposition of the lands to the colonists shall be made under the provisions of this Act. in so far as practicable. in accordance with the provisions of existing law. void. rescind. communal pastures or leguas comunales. Upon recommendation by the Secretary of Agriculture and Commerce. shall be sold. in case the public interest requires it. limitation. 82. deeds. or without the consent of the United States Government or of the Philippine Government since the sovereignty over the Archipelago was transferred from Spain to the United States. repeal. Sec. the lands used or possessed by them. but no bid shall be accepted that does not equal at least two-thirds of the appraised value. or association without the specific approval of the Secretary of Agriculture and Commerce. datus. and prepare for cultivation the lands of said colony and establish the necessary irrigation system and suitable roads and fences. and if they then remain unsold. residential or industrial purposes under the provisions of this Act. That all grants. exceptions. Sec. the President may designate by proclamation any tract or tracts of land of the public domain as reservations for the use of the Commonwealth of the Philippines or of any of its branches. the Secretary of Agriculture and Commerce may make the necessary rules and regulations for the organization and internal administration of the same. of four or more hectares of land. are hereby declared to be illegal. or for quasi-public uses or purposes when the public interest requires it. 80. Lots for which satisfactory bids have not been received shall be again offered for sale. Sec. without the authority of the Spanish Government while the Philippines were under the sovereignty of Spain. the use and benefit only of a tract of land not to exceed four hectares for each male member over eighteen years of age or the head of a family. 85. associations. alter. workingmen’s village and other improvements for the public benefit. and other public uses. nor shall bids be accepted from persons. If. while the Government shall have the supervision and management of said colonies. privileges. and documents mentioned. after due notice. however. public parks. Sec. 77. and cancel. at public auction to the highest bidder. including in the reservation. CHAPTER XI RESERVATIONS FOR PUBLIC AND SEMI-PUBLIC PURPOSES Sec. by proclamation designate any tract or tracts of land of the public domain for the establishment of agricultural colonies. in order to carry out the provisions of this chapter. corporation. public fishponds. yet. the President. buildings. patents. it shall be necessary to condemn private lands within the limits of the new town. the President shall direct the Solicitor-General or officer acting in his stead to at once begin proceedings for condemnation. patents and other instruments of conveyance of land or purporting to convey or transfer rights of property. to be by such register recorded in the records of his office Sec. Not more than two residence lots and two lots for commercial and industrial uses in any one town site shall be sold to any one person. or other chiefs of the so-called non-Christian tribes. except those claimed by or belonging to private parties and those reserved for parks. Sec. 79. the President may. and granting to each member not already the owner. At any time after the subdivision has been made. to such conditions as the National Assembly may establish for the reimbursement of the expense incurred in putting such lands in . 78. public quarries. including reservations for highways. reserve for public purposes any lot or lots of the land so reserved and not disposed of. irrigation systems. may by proclamation. All lots. hydraulic power sites. Upon recommendation of the Secretary of Agriculture and Commerce. all and any dispositions made by the executive branch of the Philippine Government by virtue of this chapter. corporations. subject. 81.Sec. break. rights of way for railroads.

or permit issued on the basis of such application. or improved entirely or partially. (g) Whether all or part of the land is occupied or cultivated or improved. or whether there are indications of its having been occupied. or permit granted. their citizenship. association. and description of the improvements made. and of the death of the latter and the descendants left by him. CONCESSION OF LANDS. or whether the land is not occupied. and by whom. 90. manager. or fraudulent and illegal modification of essential facts shall be presumed if the grantee or possessor of the land shall refuse or fail to obey a subpoena or subpoena duces tecum lawfully issued by the Director of Lands or his authorized delegates or agents. entry. or whether they continue to exist and are maintained and preserved in good faith. citizenship. The statements made in the application shall be considered as essential conditions and parts of any concession. accompanying satisfactory evidence of the relationship of the applicant with the ascendant. or partnership. The tract or tracts of land reserved under the provisions of section eighty-three shall be nonalienable and shall not be subject to occupation. AND LEGAL RESTRICTIONS AND ENCUMBRANCES Sec. barrio. he shall proceed in accordance with the next following section. the relationship with him. lease. cultivated. municipality. 89. CHAPTER XII PROVISIONS COMMON TO RESERVATIONS Sec. (d) That the application is made in good faith. what is the condition of the land. It shall be the duty of the Director of Lands. if requested to do so by the Secretary of Agriculture and Commerce. 88. or change of the material facts set forth in the application shall ipso facto produce the cancellation of the concession. stating its nature the province. Sec. civil status. in case it is alleged that he occupied and cultivated the land first. and the number of shares subscribed by each. title. improved. (e) That the application is made for the exclusive benefit of the application and not. Sec. the application shall be accompanied with a certified copy of its articles of incorporation. the existence of bad faith. 91. Every application under the provisions of this Act shall be made under oath and shall set forth: (a) The full name of applicant. giving his post-office address. for the benefit of any other person or persons. (i) That the applicant agrees that a strip forty meters wide starting from the bank on each side of any river or stream that may be found on the land applied for. or other disposition until again declared alienable under the provisions of this Act or by proclamation of the President. if necessary. 68 Sec. and for the purposes of such investigation. In case the applicant is a corporation. TITLE VI GENERAL PROVISIONS CHAPTER XIII APPLICATIONS: PROCEDURE. and any subsequent modification. and in this case. an . or modifying the consideration of the facts set forth in such statements. (c) That he has none of the disqualifications mentioned herein. or shall refuse or fail to give direct and specific answers to pertinent questions. and as soon as the plat has been completed. In every investigation made in accordance with this section. in what such indications consist. giving the names of the stockholders or members. association or copartnership. improved. if any. and on the basis of such presumption. place of birth. and sitio where it is located. title. and if so. to obtain compulsory process from the courts. the Director of Lands is hereby empowered to issue subpoenas and subpoenas duces tecum and. 87. A certified copy of every proclamation of the President issued under the provisions of this title shall be forwarded to the Director of Lands for record in his office. and that the land is suitable for the purpose to which it is to be devoted. to make the necessary investigations for the purpose of ascertaining whether the material facts set out in the application are true. (f) As accurate a description of the land as may be given. the name of the ascendant. concealment. or cultivated. and any false statements therein or omission of facts altering. sale. whether he has made investigations as to when and by whom such improvements were made. and there are no indications of it having ever been occupied. (h) That the land applied for is neither timber nor mineral land and does not contain guano or deposits of salts or coal. and its limits and boundaries. (b) That the applicant has all the qualifications required by this Act in the case.condition for cultivation: Provided. the Solicitor-General. the Director of Lands shall order the immediate survey of the proposed reservation if the land has not yet been surveyed. or cultivated either entirely or partially. how such investigations were made and what was the result thereof. corporation. changing. his age. and whether the land has been occupied or cultivated or improved by the applicant or his ascendant. or other responsible officer. and a copy of this record shall be forwarded to the register of deeds of the province or city where the land lies. That the National Assembly may direct that such land so prepared for cultivation may be disposed of only by sale or lease. All applications filed under the provisions of this Act shall be addressed to the Director of Lands. If all the lands included in the proclamation of the President are not registered under the Land Registration Act. alteration. and that he shall not make any clearing thereon or utilize the same for ordinary farming purposes even after patent shall have been issued to him or a contract of lease shall have been executed in his favor. from time to time and whenever he may deem it advisable. for the actual purpose of using the land for the object specified in the application and for no other purpose. shall be demarcated and preserved as permanent timberland to be planted exclusively to trees of known economic value. specifying those having reference to accidents of the ground or permanent monuments. the date and place of the death of the ascendant. and post-office address. the date when the possession and cultivation began. Sec. and if so. fraud. either directly or indirectly. Upon receipt of such certified copy. shall proceed in accordance with the provision of section fifty-three of this Act. association or co-partnership together with an affidavit of its President. 86.

Sec. Section95. at the time of the issuance of the patent or of the concession or disposition. the lands shall be rectangular in form so far as practicable. Although the maximum area of public land that may be acquired is fixed. For each deposition of the applicant or the witness. and to deny or cancel or limit any application for concession. and the subdivision assigned to the applicant or grantee shall. or partnership. in the name of the Commonwealth of the Philippines. Sec. Sec. Sec. Sec. association. it shall appear that the applicant is utilizing and is only able to utilize a smaller area. the cost of the survey shall be paid by the lessee. affidavits. Sec. or association may file an objection under oath to any application or concession under this Act. If. (b) In leases. 100. the President may. All actions for the reversion to the Government of lands of the public domain or improvements thereon shall be instituted by the Solicitor-General or the officer acting in his stead. All the proofs. and the improvements and crops upon. Sec.order of cancellation may issue without further proceedings. 94. If subdivisions have not been made on the date of the application. If in the case of the two last preceding sections. the same shall be entitled to the reimbursement of the proceeds of the sale of the improvements and crops. In case the cancellation is due to delinquency on the part of the applicant or grantee. 93. All rights in and interest to. The fees for the taking of final evidence before any of the officials herein-before mentioned shall be as follows: For each affidavit. provided the interests of the applicant or grantee are protected. yet the spirit of this Act is that the rule which must determine the real area to be granted is the beneficial use of the land. land for which an application has been denied or canceled or a patent or grant refused. after the applicant or grantee has been given suitable opportunity to be duly heard. shall also be forfeited to the Government. and the person objecting shall. 97. after deducting the total amount of his indebtedness to the Government and the expense incurred by it in the sale of the improvements or crops and in the new concession of the land. or a contract or concession rescinded or annulled. even though the application is for a greater area. Sec. fifty centavos. 92. 102. grounded on any reason sufficient under this Act for the denial or cancellation of the application or the denial of the patent or grant. Sec. corporation. the Director of Lands is authorized to determine the area that may be granted to the applicant. 103. shall be forfeited to the Government. for sale to the new applicant or grantee. 96. Any person. but if the legal subdivisions have not yet been made. If before the delimitation and survey of a tract of public land the President shall declare the same disposable or alienable and such land shall be actually occupied by a person other than the applicant. the objection is found to be well founded. and the improvements on the land. but at any time after the first five years from the approval of the lease. or may declare such land open only to sale or lease. Sec. in the proper courts. in the order issued by him declaring it open for disposition. or lease if convinced of the lack of means of the applicant for using the land for the purpose for which he has requested it. include the land improved or cultivated. Any owner of uncultivated agricultural land who knowingly permits application for the same to be made to the Government and the land to be tilled and improved by a bona fide grantee without . whoever it be. and classified. The regulations to be issued for the execution of the provisions of this section shall take into account the legal subdivision to be made by the Government and the inadvisability of granting the best land at a given place to only one person. but it shall be endeavored to make them conform to the legal subdivision as soon as the same has been made. 99. if such occupant is qualified to acquire a concession under this Act. the Director of Lands shall inform the occupant of his prior right to apply for the land and shall give him one hundred and twenty days time in which to file the application or apply for the concession by any of the forms of disposition authorized by this Act. fifty centavos. The concession or disposition shall be for less than the maximum area authorized if. the cost of the survey shall be charged to the purchaser if the same is a corporation. except in the following cases: (a) In purchases under chapters five and ten of this Act. in other purchases the purchases. and oaths of any kind required or necessary under this Act may be made before the justice of the peace 71 of the municipality in which the land lies. if they have the qualifications required by this Act. the lessee shall be entitled to the reimbursement of one-half of the cost of the survey. Lands applied for under this Act shall conform to the legal subdivisions and shall be contiguous if comprising more than one subdivision. and during Cost of the life of the same. no charge shall be made for the survey. the Director of Lands shall deny or cancel the application or deny patent or grant. if any. or before any justice of the peace or chargeable notary public of the province in which the land lies. they shall lose any prior right to the land recognized by this Act. shall pay the total cost of the survey. In case the legal subdivisions have already been made at the time of the filing of the application. the occupant or occupants have not made application under any of the provisions of this Act at the expiration of the time limit fixed. or before the judge or clerk of the Court of First Instance of the province in which the land lies. 104. The Secretary of Agriculture and Commerce may order such improvements and crops to be appraised separately. the cost of the survey shall be charged to the Government. Sec. Sec. For the purposes of this section. be granted a prior right of entry for a term of sixty days from the date of the notice. 98. delimited. 101. if he shows to the satisfaction of the Director of Lands that he has occupied and improved a sufficient area of the land or incurred sufficient expenses in connection therewith to warrant such reimbursement. if qualified. or before any officer or employee of the Bureau of Lands authorized by law to administer oaths. designate a term within which occupants with improvements but not entitled to free patents may apply for the land occupied by them. purchase. As soon as any land of the public domain has been surveyed. so far as practicable.

agricultural. 111. rivers. aqueducts. by priority of possession. precious stones. Patents or certificates issued under the provisions of this Act shall not include nor convey the title to any gold. within thirty days from receipt of the copy of the said decision. or coal oil contained in lands granted thereunder. for the protection of any source of water or for any work for the public benefit that the Government wishes to undertake. and to the Secretary of Agriculture and Natural Resources 75 the power to sign patents or certificates covering lands exceeding one hundred forty-four hectares in area: Provided. In case of disapproval. foreshore. 112. 110. the Secretary of Agriculture and Commerce may order the cancellation of the application or the non issuance of the patent or concession or the exclusion from the land applied for of such portion as may be required. as it may deem best for the public good. Such patents or certificates shall be effective only for the purposes defined in Section one hundred and twentytwo of the land Registration Act. unless he shall bring action in the proper court before such action for recovery prescribes and obtains favorable judgment therein. shall lose all to the part of the land so cultivated and improved. or during the life of the lease. it appears that the land applied for is necessary. In no case shall any land be granted under the provisions of this Act when this affects injuriously the use of any adjacent land or of the waters. including those with reference to the littoral of the sea and the banks of navigable rivers or rivers upon which rafting may be done. All persons receiving title to lands under the provisions of this Act shall hold such lands subject to the provisions hereof and to the same public servitudes as exist upon lands owned by private persons. irrigation ditches. further. The beneficial use of water shall be the basis. he shall be succeeded in his rights and obligations with respect to the land applied for or granted or leased under this Act by his heirs in law. Sec. No patent shall issue nor shall any concession or contract be finally approved unless the land has been surveyed and an accurate plat made thereof by the Bureau of Lands.protesting to the Bureau of Lands within one year after cultivation has begun. and the limit of all rights thereto. Sec. and all patents granted under this Act shall be subject to any vested and accrued rights to ditches and . order the payment to the grantee. Section108. or other purposes have vested and accrued. Sec. creeks. if any. however. upon payment of the value of the improvements. or roadsteads. gums. coal. and who shall be subrogated in all his rights and obligations for the purposes of this Act. These shall remain to be property of the State. If at any time after the approval of the application and before the issuance of a patent or the final concession of the land. or at any time when the applicant or grantee still has obligations pending with the Government. whether made by the Bureau of Lands or by a private surveyor. All surveys pending approval by the Director of Lands at the time this Act takes effect shall be acted upon by him within ninety days from the effectivity of this Act. in the public interest. within a reasonable period. the measure. manufacturing. Whenever. Sec. Said land shall further be subject to a right-of-way not exceeding sixty (60) meters in width for public highways. the possessors and owners of such vested rights shall be maintained and protected in the same. Sec. and for other public purposes. and the patents herein granted shall be subject to the right of the Government to make such rules and regulations for the use of water and the protection of the water supply. in which case the court shall. or vest the grantee with other valuable rights that may be detrimental to the public interest. including mining or forest concessionaires. Any person aggrieved by the decision or action of the District Land Officer may. railroads. All patents or certificates for land granted under this Act shall be prepared in the Bureau of Lands and shall be issued in the name of the Government of the Republic of the Philippines under the signature of the President of the Philippines: Provided. 109. or by the laws and decisions of the courts. iron. That no applicant shall be permitted to split the area applied for by him in excess of the area fixed in this section among his relatives within the sixth degree of consanguinity or affinity excepting the applicant’s married children who are actually occupying the land: Provided. copper. who shall be entitled to have issued to them the patent or final concession if they show that they have complied with the requirements therefor. telegraph and telephone lines and similar works as the Government or any public or quasipublic service or enterprise. in accordance with this Act. That District Land Officers in every province are hereby empowered to sign patents or certificates covering lands not exceeding five hectares in area when the office of the District Land Officer is properly equipped to carry out the purposes of this Act: Provided. and actual conveyance of the land shall be effected only as provided in said section. may reasonably require for carrying on their business. No patent or certificate shall be issued by the District Land Officer unless the survey of the land covered by such patent or certificate. Sec. has been approved by the Director of Lands. finally. upon its decision becoming final. If at any time the applicant or grantee shall die before the issuance of the patent or the final grant of the land. 113. the Director of Lands shall state the reasons therefor. That the President of the Philippines may delegate to the Secretary of Agriculture and Natural Resources 74 and/or the Under secretary for Natural Resources 74 the power to sign patents or certificates covering lands not exceeding one hundred forty-four hectares in area. roads. Sec. or other substances containing minerals. and the same are recognized and acknowledged by the local customs. The Director of Lands shall promptly act upon all surveys submitted to him for approval and return the same to the District Land Officer within ninety days after receipt of such surveys by his office. 77 Sec. guano. rights to the use of water for mining. of the indemnity fixed by said court for the cultivation and improvement. or while the applicant or grantee still has obligations pending towards the Government. 105. 107. or other metals or minerals. silver. with damages for the improvements only. 106. in accordance with this Act. or during the life of the lease. That copies of said patents issued shall be furnished to the Bureau of Lands for record purposes. appeal to the Director of Lands.

That no final decision of reversion of such land to the State has been rendered by a court. aqueducts. interest. Water power privileges in which the convertible power at ordinary low water shall exceed fifty horse power shall be disposed of only upon terms established by an Act of the Assembly concerning the use. Every conveyance of land acquired under the free patent or homestead provisions. even though and while the title remains in the State. his widow. That when the Government or any concessionaire of the Government shall take possession of the land under this section which a grantee under this Act shall have paid for. lands acquired under free patent or homestead provisions shall not be subject to encumbrance or alienation from the date of the approval of the application and for a term of five years from and after the date of issuance of the patent or grant. or order conduits as may be needed in conveying the water to the point where its fall will yield the greatest power. or partnership may acquire or have any right. as the case may be. and also a right of way for the construction and maintenance of such flumes. if any. eighteen hundred and ninety-nine. or partnership prior to the promulgation of this Decree for the purposes herein stated is deemed valid and binding. Sec. be subject to the ordinary taxes. lease or acquisition of such water privilege. 119. There is hereby reserved from the operation of all patents. approval or signing of the application. is reserved as a servitude or easement upon the land granted by authority of this Act: Provided. Provided. or legal heirs. beginning with the year next following the one in which the homestead application has been filed. The Director of Lands may request the assistance of the provincial treasurer of the province in which the land lies or may appoint a committee for such purpose in the province or in the municipality in which the land lies. Sec. shall be subject to repurchase by the applicant. shall. The appraisal or reappraisal of the lands or improvements subject to concession or disposition under this Act shall be made by the Director of Lands. 115. as the case may be. In no case shall the appraisal or reappraisal be less than the expense incurred or which may be incurred by the Government in connection with the application or concession. All lands granted by virtue of this Act. Sec. No alienation. 121. or institutions. Where the convertible power in any stream running through or by land granted under the authority of this Act thus exceeds fifty horsepower. not exceeding four hectares.117. And Provided. religious or charitable purposes or for a right of way. Sec. Conveyance and encumbrance made by persons belonging to the so-called “non-Christian Filipinos” or national cultural minorities. Sec. Except in favor of the Government or any of its branches. in the amount. That such acquisition is approved by the . within a period of five years from the date of the conveyance.reservoirs used in connection with such water rights as may have been acquired in the manner above described prior to April eleven. units. poles. title. or corporations. further. The provisions of Section 124 of this Act to the contrary notwithstanding. or individual sale provisions of this Act or to any permanent improvement on such land. educational. Sec. is hereby excepted from such grants. when proper. or the concession has been approved. or the contract has been signed. Sec. further. subject to the governmental regulation provided in the previous section. when proper. certificates. wires. homestead. nor shall they become liable to the satisfaction of any debt contracted prior to the expiration of said period. said grantee shall be entitled to indemnity from the Government or the concessionaire. or property right whatsoever to any land granted under the free patent. nor shall any reappraisal be made with an increase of more than one hundred per centum upon the appraisal or reappraisal next preceding. 114. no corporation. concession or contract. shall be valid if the person making the conveyance or encumbrance is able to read and can understand the language in which the instrument or conveyance or encumbrances is written. said grantee shall be entitled to the same use of the water flowing through or along his land that other private owners enjoy under the law. and grants by the Government authorized under this Act the right to use for the purposes of power any flow of water in any stream running through or by the land granted. and for a suitable dam and site for massing the water. industrial. 116. which shall be paid by the grantee or the applicant. on the basis of the value fixed in such filing. transfer. association. any acquisition of such land. All sums due and payable to the Government under this Act. and there is no means of using such power except by the occupation of a part of the land granted under authority of this Act. 118. or conveyance of any homestead after five years and before twenty-five years after issuance of title shall be valid without the approval of the Secretary of Agriculture and Commerce. or the power from the point of conversion to the point of use. association. and a right of way to the nearest public highway from the land thus excepted. then so much land as is reasonably necessary for the mill site or site for the power house. and solely for commercial. shall draw simple interest at the rate of four per centum per annum from and after the date in which the debtor shall become delinquent. except for converting the same into power exceeding fifty horse power. 120. supposing it to be subject to grant under this Act. which approval shall not be denied except on constitutional and legal grounds. including homesteads upon which final proof has not been made or approved. paid by him to the Government for the land taken from him by virtue of this section: And provided. rights thereto or improvements thereon by a corporation. however. Sec. with the approval of the Secretary of Agriculture and Commerce. That with respect to the flow of water. the convertible power from which at ordinary low water exceeds fifty horse power. except homestead fees. Conveyances and encumbrances made by illiterate non-Christian or literate non-Christians where the instrument of conveyance or encumbrance is in a language not understood by the said literate nonChristians shall not be valid unless duly approved by the Chairman of the Commission on National Integration. associations. entries. but the improvements or crops on the land may be mortgaged or pledged to qualified persons. Except with the consent of the grantee and the approval of the Secretary of Natural Resources.

shall be transferred or assigned to any individual. terrenos baldios y realengos. That this prohibition shall not be applicable to the conveyance or acquisition by reason of hereditary succession duly acknowledged and legalized by competent courts. or transferred. such property shall revert to the Government. hold. homestead. Sec. or permit originally issued. Declaration of State Policies. or alienate land in the Philippines. shall not be applied in cases in which the right to acquire. or any permanent improvement on such land. b)The State shall protect the rights of ICCs/IPs to their ancestral domains to ensure their economic. recognized or confirmed. or lease made in violation hereof. conveyance. and one hundred and twenty-three of this Act shall be unlawful and null and void from its execution and shall produce the effect of annulling and cancelling the grant. Sec. hold or dispose of such land. alienated. 2. 123. patent. and cause the reversion of the property and its improvements to the State. and any other provision or provisions restricting or tending to restrict the right of persons. 124. actually or presumptively. royal order. All public auctions provided for in the foregoing chapters in the disposition of public lands shall be held. corporations. such persons. 126. otherwise. added to that of his own. shall continue and subsist in the manner and to the extent stipulated in said treaties. Sec. d) The State shall guarantee that members of the ICCs/IPs regardless of sex. nor shall such land or any permanent improvement thereon be leased to such individual. corporations or associations not legally capacitated to acquire the same under the provisions of this Act. corporations or associations who may acquire land of the public domain under this Act or to corporate bodies organized in the Philippines whose charters authorize them to do so: Provided. royal decree. nor any permanent improvement on such land. except to persons. encumber. or by royal grant or in any other form. corporations. or lands of any other denomination that were actually or presumptively of the public domain. or any interest therein. It shall consider these rights in the formulation of national laws and policies. in the office of the Bureau of Lands in Manila REPUBLIC ACT NO. 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 population and 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 direction of education. when the area of said land. 125. shall equally enjoy the full measure of human rights and freedoms without distinctions or discriminations. permanent improvements thereon or interests therein in the Philippines is recognized by existing treaties in favor of citizens or subjects of foreign nations and corporations or associations organized and constituted by the same.Secretary of Natural Resources within six (6) months from the effectivity of this Decree. associations. health. and only while these are in force. except to persons. one hundred and twenty two. ordinance. Any transfer.The State shall recognize and promote all the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) hereunder enumerated within the framework of the Constitution: a) The State shall recognize and promote the rights of ICCs/IPs within the framework of national unity and development. alienated. alienation. shall encumbered. transfer. shall be encumbered. 8371: "The Indigenous Peoples Rights Act Sec. corporations. but not thereafter. 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. No land originally acquired in any manner under the provisions of this Act. however. twenty-three. Any acquisition. which right. assignment. no land or any portion thereof originally acquired under the free patent. Sec. to protect their rights and guarantee respect for their cultural integrity. respect and protect the rights of ICCs/IPs to preserve and develop their cultures. as well as other services of ICCs/IPs. shall be null and void. in the province where the land is located. in order to render such services more responsive to the needs and desires of these communities. shall exceed one hundred and forty-four hectares. traditions and institutions. or associations shall be obliged to alienate said lands or improvements to others so capacitated within the precise period of five years. dispose of. or permanent improvements thereon. That in the event of the ownership of the lands and improvements mentioned in this section and in the last preceding section being transferred by judicial decree to persons. or. with the participation of the ICCs/IPs concerned. further. or individual sale provisions of this Act. or conveyed. .. The provisions of sections twenty-two. c) The State shall recognize. e) The State shall take measures. or associations to acquire. one hundred and twenty. title. wherever possible. thirty-three. Provided. in so far as it exists under such treaties. Except in cases of hereditary succession. and one hundred and twenty-three of this Act. lease. 122. Sec. nor any permanent improvement on such land. or other contract made or executed in violation of any of the provisions of sections one hundred and eighteen. or partnerships who may acquire lands of the public domain under this Act or to corporations organized in the Philippines authorized therefor by their charters. or any other provision of law formerly in force in the Philippines with regard to public lands. one hundred and twenty-one. No land originally acquired in any manner under the provisions of any previous Act. one hundred and twentytwo.

particularly the home ranges of ICCs/IPs who are still nomadic and/or shifting cultivators. pasture. possessed customs. under claims of ownership since time immemorial.as used in this Act shall mean the consensus of all members of the ICCs/IPs to.Subject to Section 56 hereof. non-indigenous religions and culture. free from any external manipulation. taking into consideration their customs. d) Certificate of Ancestral Lands Title . c) Certificate of Ancestral Domain Title . h) Indigenous Cultural Communities/Indigenous Peoples . g) Free and Prior Informed Consent . at the time of conquest or colonization. private forests. who have continuously lived as organized community on communally bounded and defined territory.refer to claims on land. coastal areas. interference and coercion. stealth or as a consequence of government projects or any other voluntary dealings entered into by government and private individuals. and obtained after fully disclosing the intent and scope of the activity. and other lands individually owned whether alienable and disposable or otherwise. in a language an process understandable to the community. through resistance to political. ICCs/IPs shall likewise include peoples who are regarded as indigenous on account of their descent from the populations which inhabited the country.refer to a body of written and/or unwritten rules. deceit.refer to a group of people or homogenous societies identified by self-ascription and ascription by other.refers to a title formally recognizing the rights of ICCs/IPs over their ancestral lands. the following terms shall mean: a) Ancestral Domains . by themselves or through their predecessors-ininterest. e) Communal Claims .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. b) Ancestral Lands Subject to Section 56 hereof. but not limited to. accepted and observed by respective ICCs/IPs. possessed and utilized by individuals. values. or who have. the State shall institute and establish the necessary mechanisms to enforce and guarantee the realization of these rights. continuously to the present except when interrupted by war. residential lots. occupied. families and clans who are members of the ICCs/IPs since time immemorial. hunting grounds. 3. worship areas. or at the time of inroads of non-indigenous religions and cultures. burial grounds. and who have.. under claims of individual or traditional group ownership. force majeure or displacement by force. and natural resources therein. refer to all areas generally belonging to ICCs/IPs comprising lands. communally or individually since time immemorial. including. economic. stealth. corporations. tradition and other distinctive cultural traits. occupied or possessed by ICCs/IPs. social and cultural inroads of colonization. themselves or through their ancestors. It shall include ancestral land. deceit.inland waters.Towards these ends. Definition of Terms. customs and practices traditionally and continually recognized. be determined in accordance with their respective customary laws and practices. CHAPTER ll DEFINITION OF TERMS Sec. or the establishment of present state boundaries. or as a consequence of government projects and other voluntary dealings entered into by government and private individuals/corporations. but who . resources and rights thereon. forests. mineral and other natural resources. and lands which may no longer be exclusively occupied by ICCs/IPs but from which their traditionally had access to for their subsistence and traditional activities. traditions. to the present except when interrupted by war. belonging to the whole community within a defined territory f) Customary Laws . agricultural. bodies of water. held under a claim of ownership. who retain some or all of their own social. usages. force majeure or displacement by force. their rights to their ancestral domains. became historically differentiated from the majority of Filipinos.For purposes of this Act. beliefs. refers to land occupied. residential. rice terraces or paddies. social and cultural welfare.continuously. swidden farms and tree lots. and which are necessary to ensure their economic. cultural and political institutions.

patterns and processed for decision-making and participation. ceremonial and aesthetic value in accordance with their indigenous knowledge. 6. Indigenous Concept of Ownership. fishing and hunting grounds. i) Indigenous Political Structure . Right to Develop Lands and Natural Resources. occupy and use and to which they have claims of ownership. Sec. and e) other areas of economic. systems and practices. 5. possessed in the concept of owner.The right to claim ownership over lands. d) sacred sites.may have been displaced from their traditional domains or who may have resettled outside their ancestral domains.. Composition of Ancestral Lands/Domains. Concept of Ancestral Lands/Domains. bodies of water traditionally and actually occupied by ICCs/IPs. k) National Commission on Indigenous Peoples (NCIP) . to manage and conserve natural resources within the territories and uphold the responsibilities for future generations.refers to a period of time when as far back as memory can go. in accordance with their customs and traditions. and utilized a defined territory devolved to them. protect and conserve a) land. animals and other organisms. institutions. rice terraces or paddies and tree lots. sacred places. identified by ICCs/IPs such as. n) People's Organization . Council of Timuays. Bodong Holder. or used. certain ICCs/IPs are known to have occupied. m) Nongovernment Organization . by operation of customary law or inherited from their ancestors.Ancestral lands and domains shall consist of all areas generally belonging to ICCs/IPs as referred under Sec. the right to negotiate the terms and conditions for the exploration of natural resources in the areas for the purpose of ensuring ecological. and which shall be the primary government agency responsible for the formulation and implementation of policies. o) Sustainable Traditional Resource Rights . and all improvements made by them at any time within the domains.. 3. CHAPTER III RIGHTS TO ANCESTRAL DOMAINS Sec. Council of Elders. nonprofit voluntary organization of members of an ICC/IP which is accepted as representative of such ICCs/IPs. and p) Time Immemorial .manage. environmental protection and the conservation measures. traditional hunting and fishing grounds. families and clans including. water. The indigenous concept of ownership generally holds that ancestral domains are the ICC's/IP's private but community property which belongs to all generations and therefore cannot be sold. control and use lands and territories traditionally occupied. Rights to Ancestral Domains. and minerals..Indigenous concept of ownership sustains the view that ancestral domains and all resources found therein shall serve as the material bases of their cultural integrity. air. disposed or destroyed. to benefit and share the profits from allocation and utilization of the natural resources found therein.refers to the office created under this Act. c) collecting.. j) Individual Claims .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 area which the ICCs/IPs possess. items (a) and (b) of this Act. protect and promote the rights of ICCs/IPs.Subject to Section 56 hereof. It likewise covers sustainable traditional resource rights. relationships.refer to organizational and cultural leadership systems. but not limited to. Sec. have been held under a claim of private ownership by ICCs/IPs.refers to a private. pursuant . or any other tribunal or body of similar nature. as far back as memory reaches. but not limited to.refers to pre-conquest rights to lands and domains which.refer to the rights of ICCs/IPs to sustainably use. plans and programs to recognize. which shall be under the Office of the President.refers to a private. owned. Sec. 4. have never been public lands and are thus indisputably presumed to have been held that way since before the Spanish Conquest. residential lots. 7. beliefs.refer to claims on land and rights thereon which have been devolved to individuals. right to develop. Such rights shall include: a. b) plants. Rights of Ownership. nonprofit voluntary organization 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. b. l) Native Title .The rights of ownership and possession of ICCs/IPs t their ancestral domains shall be recognized and protected.

Right to Safe and Clean Air and Water. 11. suitable to provide for their present needs and future development... such relocation shall take place only with the free and prior informed consent of the ICCs/IPs concerned and whenever possible.. the right to an informed and intelligent participation in the formulation and implementation of any project. nor through any means other than eminent domain. to their ancestral lands shall be recognized and protected.. and h. shall be embodied in a Certificate of Ancestral Domain Title (CADT). Furthermore.ICCs/IPs occupying a duly certified ancestral domain shall have the following responsibilities: a. as soon as the grounds for relocation cease to exist. Restore Denuded Areas. When such return is not possible. Right to Redemption. Right in Case of Displacement. subject to customary laws and traditions of the community concerned. Right to Claim Parts of Reservations. Right to Resolve Conflict. Formal recognition. Sec. Sec. shall be punishable under this law. as determined by agreement or through appropriate procedures. the ICCs/IPs shall have access to integrated systems for the management of their inland waters and air space. that will affect or impact upon the ancestral domains and to receive just and fair compensation for any damages which they sustain as a result of the project. furthermore. Observe Laws.Individual members of cultural .. Sec.Right to resolve land conflicts in accordance with customary laws of the area where the land is located. Sec. Maintain Ecological Balance. 12. Persons thus relocated shall likewise be fully compensated for any resulting loss or injury. Right to transfer land/property. alienation and encroachment upon these rights. government or private. or the Land Registration Act 496. further. displaced ICCs/IPs shall enjoy security of tenure over lands to which they have been resettled: Provided.. except those reserved and intended for common and public welfare and service. f. b.Such right shall include the right to transfer land or property rights to/among members of the same ICCs/IPs. Right to Stay in the Territories. a. d. or use of any portion of the ancestral domain..To observe and comply with the provisions of this Act and the rules and regulations for its effective implementation.The right of ownership and possession of the ICCs/IPs. 9. the transferor ICC/IP shall have the right to redeem the same within a period not exceeding fifteen (15) years from the date of transfer. and only in default thereof shall the complaints be submitted to amicable settlement and to the Courts of Justice whenever necessary. Recognition of Ancestral Domain Rights.For this purpose.The rights of ICCs/IPs to their ancestral domains by virtue of Native Title shall be recognized and respected. and other reserves. 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. and c.Right to regulate the entry of migrant settlers and organizations into the domains. when solicited by ICCs/IPs concerned. the Government shall take measures to prevent nonICCs/IPs from taking advantage of the ICCs/IPs customs or lack of understanding of laws to secure ownership. and maintain a balanced ecology in the ancestral domain by protecting the flora and fauna. Unauthorized and Unlawful Intrusion. Option to Secure Certificate of Title under Commonwealth Act 141. That basic services and livelihood shall be provided to them to ensure that their needs are adequately addressed: e. 8.In cases where it is shown that the transfer of land/property rights by virtue of any agreement or devise..to national and customary laws. No ICCs/IPs will be relocated without their free and prior informed consent.In case displacement occurs as a result of natural catastrophes.. b.. as amended. Sec. c. restore. Rights to Ancestral Lands.To preserve. and the right to effective measures by the government to prevent any interfere with. Right to Regulate Entry of Migrants. the State shall endeavor to resettle the displaced ICCs/IPs in suitable areas where they can have temporary life support system: Provided. possession of land belonging to said ICCs/IPs. g.The right to claim parts of the ancestral domains which have been reserved for various purposes. which shall recognize the title of the concerned ICCs/IPs over the territories identified and delineated. to a non-member of the concerned ICCs/IPs is tainted by the vitiated consent of the ICCs/IPs.The right to stay in the territory and not be removed therefrom. 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. they shall be guaranteed the right to return to their ancestral domains.To actively initiate.Unauthorized and unlawful intrusion upon.or is transferred for an unconscionable consideration or price. Responsibilities of ICCs/IPs to their Ancestral Domains. 10. undertake and participate in the reforestation of denuded areas and other development programs and projects subject to just and reasonable remuneration. watershed areas. Where relocation is considered necessary as an exceptional measure. That should their ancestral domain cease to exist and normalcy and safety of the previous settlements are not possible. or any violation of the rights herein before enumerated.

practices and institutions. 13. at all levels of decision-making in matters which may affect their rights. institutions.ICCs/IPs have the right to participate fully... Sec. occupy or use.. The State shall likewise encourage other ICCs/IPs not included or outside Muslim Mindanao and the Cordillera 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. basic services. Consequently. The option granted under this Section shall be exercised within twenty (20) years from the approval of this Act. Sec. Sec. provide the resources needed therefor.. where necessary.. pasture. 22. may form or constitute a separate barangay in accordance with the Local Government Code on the creation of tribal barangays. Sec. 18. including those with a slope of eighteen percent (18%) or more. Equal Protection and Non-discrimination of ICCs/IPs. Self-Governance. Sec. Consequently. plans and programs for national.. Right to Determine and Decide Priorities for Development. Accordingly. 16. Right to Participate in Decision -Making. They shall participate in the formulation.The State recognizes the inherent right of ICCs/IPs to self-governance and selfdetermination and respects the integrity of their values. 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. lives and destinies through procedures determined by them as well as to maintain and develop their own indigenous political structures.. spiritual well-being.The State shall continue to strengthen and support the autonomous regions created under the Constitution as they may require or need. CHAPTER V SOCIAL JUSTICE AND HUMAN RIGHTS Sec. conflict resolution institutions. beliefs.implementation and evaluation of policies. Role of Peoples Organizations. Means for Development /Empowerment of ICCs/IPs. It shall extend to them the same employment rights.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. Conflict Resolution Institutions and Peace Building Processes. with respect to individually-owned ancestral lands who. Sec. residential. educational and other rights and privileges available to every member of the society. 17. and the lands they own. For this purpose. Sec. and tree farming purposes.The ICCs/IPs shall have the right to determine and decide their own priorities for development affecting their lives. the State shall likewise ensure that the employment of any form of force of coersion against ICCs/IPs shall be dealt with by law. 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. the State shall guarantee the right of ICCs/IPs to freely pursue their economic. 20. 21.communities.Consistent with the equal protection clause of the Constitution of the Republic of the Philippines.ICCs/IPs have the right to special protection and security in periods of armed conflict.The ICCs/IPs shall have the right to use their own commonly accepted justice systems. 14.The ICCs/IPs living in contiguous areas or communities where they form the predominant population but which are located in municipalities. The State shall observe . 19. Justice System. Support for Autonomous Regions. accord to the members of the ICCs/IPs the rights. or the Land Registration Act 496. Towards this end. the Universal Declaration of Human Rights including the Convention on the Elimination of Discrimination Against Women and International Human Rights Law.. are hereby classified as alienable and disposable agricultural lands. with due recognition of their distinct characteristics and identity. 15. opportunities. by themselves or through their predecessors-in -interest. which are agricultural in character and actually used for agricultural. said individually-owned ancestral lands. Sec. if they so choose. the Charter of the United Nations. The State shall ensure that the fundamental human rights and freedoms as enshrined in the Constitution and relevant international instruments are guaranteed also to indigenous women. regional and local development which may directly affect them. as amended. provinces or cities where they do not constitute the majority of the population. Tribal Barangays. the State shall. social and cultural development.. CHAPTER IV RIGHT TO SELF-GOVERNANCE AND EMPOWERMENT Sec. protections and privileges enjoyed by the rest of the citizenry. the State shall ensure that the ICCs/IPs shall be given mandatory representation in policy-making bodies and other local legislative councils. Rights during Armed Conflict. have been in continuous possession and occupation of the same in the concept of owner since the immemorial or for a period of not less than thirty (30) years immediately preceding the approval of this Act and uncontested by the members of the same ICCs/IPs shall have the option to secure title to their ancestral lands under the provisions of Commonwealth Act 141.The Government shall establish the means for the full development/empowerment of the ICCs/IPs own institutions and initiatives and.

the State shall guarantee the right of ICCs/IPs to government 's basic services which shall include. and in particular. Children and Youth.international standards.The state shall respect. informed of their rights under existing labor legislation and of means available to them for redress. the State shall ensure that indigenous women have access to all services in their own languages.It shall be unlawful for any person: a. including in the areas of employment.. and in cooperation with the ICCs/IPs concerned. 26. To deny any ICC/IP employee any right or benefit herein provided for or to discharge them for the purpose of preventing them from enjoying any of the rights or benefits provided under this Act. provide a complete. 23. such that they may enjoy equal opportunities as other occupationally-related benefits. They shall likewise have the right not to be subject to working conditions hazardous to their health. moral. in a manner appropriate to their cultural methods of teaching and learning. sanitation.The State shall. traditions and institutions. health and social security.. and shall not recruit members of the ICCs/IPs against their will into armed forces. traditions and institutions. through the NCIP. scholarships. Particular attention shall be paid to the rights and special needs of indigenous women. and equal treatment in employment for men and women. Women. Sec. nor force indigenous individuals to abandon their lands. or relocate them in special centers for military purposes under any discriminatory condition. 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. spiritual. 30. adequate and integrated system of education. Sec. Sec. Basic Services. professional and other forms of training shall be provided to enable these women to fully participate in all aspects of social life.ICC/IP women shall enjoy equal rights and opportunities with men. for the protection of civilian populations in circumstances of emergency and armed conflict. Protection of Indigenous Culture. as regards the social. It shall consider these rights in the formulation of national plans and policies. vocational training and retraining..The ICC/IP have the right to special measures for the immediate. not subject to any coercive recruitment systems. effective and continuing improvement of their economic and social conditions. 25. health and infrastructure. particularly through exposure to pesticides and other toxic substances. 27. .. As far as possible. Towards this end. Educational Systems. children and differently-abled persons. political and cultural spheres of life. 28. Equal remuneration shall be paid to ICC/IP and non-ICC/IP for work of equal value. the State shall within the framework of national laws and regulations. health and nutrition. not recruit children of ICCs/IPs into the armed forces under any circumstance. ICCs/IPs shall have the right to association and freedom for all trade union activities and the right to conclude collective bargaining agreements with employers' conditions. and housing services to indigenous women.. youth. to the extent that they are not effectively protected by the laws applicable to workers in general. housing. moral. adopt special measures to ensure the effective protection with regard to the recruitment and conditions of employment of persons belonging to these communities. education. intellectual and social well-being. Freedom from Discrimination and Right to Equal Opportunity and Treatment. shall be given due respect and recognition. including the protection from sexual harassment. the Fourth Geneva Convention of 1949. as well as in the development of society. territories and means of subsistence. relevant to the needs of the children and Young people of ICCs/IPs. recognize and protect the right of the ICCs/IPs to preserve and protect their culture. Indigenous children/youth shall have the right to all levels and forms of education of the State. for the use against other ICCs/IPs. 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..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. The State shall provide full access to education. Accordingly.. Unlawful Acts Pertaining to Employment. economic. public or cultural entities.. but not limited to water and electrical facilities. Vocational. Sec. To discriminate against any ICC/IP with respect to the terms and conditions of employment on account of their descent. in particular. 29. Sec. and b.It shall be the right of the ICCs/IPs to be free from any form of discrimination. with respect to recruitment and conditions of employment. Sec. elderly.The State shall provide equal access to various cultural opportunities to the ICCs/IPs through the educational system. technical. Towards this end. 24. Sec. spiritual. maternal and child care. The participation of indigenous women in the decision-making process in all levels. Integrated System of Education. including bonded labor and other forms of debt servitude. CHAPTER VI CULTURAL INTEGRITY Sec.

the rest of Luzon.. The State shall likewise ensure the participation of appropriate indigenous leaders in schools. histories and aspirations of the ICCs/IPs appropriately reflected in all forms of education. 35. Sec. They shall have the right to special measures to control. Consequently. The Commissioners shall be appointed by the President of the Philippines from a list of recommendees submitted by authentic ICCs/IPs: Provided. indigenous knowledge systems and practices. and spiritual property taken without their free and prior informed consent or in violation of their laws.Access to biological and genetic resources and to indigenous knowledge related to the conservation. CHAPTER VII NATIONAL COMMISSION ON INDIGENOUS PEOPLES (NCIP) Sec. Sec. conferences. including human and other genetic resources.. 39. knowledge of the properties of fauna and flora. to eliminate prejudice and discrimination and to promote tolerance. 34. Sec. 41. Sec. Region II. Accordingly. the Government shall take effective measures to ensure that State-owned media duly reflect indigenous cultural diversity. Furthermore. remove or otherwise destroy artifacts which are of great importance to the ICCs/IPs for the preservation of their cultural heritage. understanding and good relations among ICCs/IPs and all segments of society. designs. obtained in accordance with customary laws of the concerned community. the State shall take effective measures. plans and programs to promote and protect the rights and well-being of the ICCs/IPs and the recognition of their ancestral domains as well as their rights thereto. Island Groups including Mindoro. Romblon. Mandate. in consultation with ICCs/IPs concerned.The Chairperson and the six (6) Commissioners must be . the right to use and control of ceremonial object. customs.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. 32. which shall be the primary government agency responsible for the formulation and implementation of policies. develop teach their spiritual and religious traditions.. in cooperation with the burial sites.ICCs/IPs have the right to practice and revitalize their own cultural traditions and customs. customs and ceremonies. Sec.to carry out the policies herein set forth. be preserved. utilization and enhancement of these resources. and visual and performing arts. vital medicinal plants. Sec. 36. Community Intellectual Rights. Access to Biological and Genetic Resources. The State shall preserve. The State shall likewise promote the bio-genetic and resource management systems among the ICCs/IPs and shall encourage cooperation among government agencies to ensure the successful sustainable development of ICCs/IPs. Recognition of Cultural Diversity. Tenure.The State shall endeavor to have the dignity and diversity of the cultures. protect and have access to their religious and cultural sites. seeds. communities and international cooperative undertakings like festivals. present and future manifestations of their cultures as well as the right to the restitution of cultural. respected and protected.The NCIP shall protect and promote the interest and well-being of the ICCs/IPs with due regard to their beliefs. Right to Indigenous Knowledge Systems and Practices and to Develop own Sciences and Technologies. National Commission on Indigenous Cultural Communities /Indigenous Peoples (NCCP). traditions. traditional medicines and health practices. traditions and institutions. literature. 37. there shall be created the National Commission on ICCs/IPs (NCIP). 40. 33. develop and protect their sciences. Sustainable Agro-Technical Development. animals and minerals. one (1) of whom shall be the Chairperson. technologies and cultural manifestations. Composition. religious.. Sec. oral traditions. protect and develop the past. including derivatives of these resources. That the seven (7) Commissioners shall be appointed specifically from each of the following ethnographic areas: Region I and the Cordilleras. 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 informed consent of the community concerned.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. Southern and Eastern Mindanao. intellectual. Deface. and Central Mindanao: Provided. Sec. Compensation.ICCs/IPs are entitled to the recognition of the full ownership and control and protection of their cultural and intellectual rights. Qualifications. the State shall take effective measures. Cultural Sites and Ceremonies. Rights to Religious. Northern and Western Mindanao. the right to maintain. shall be allowed within ancestral lands and domains of the ICCs/IPs only with a free and prior informed consent of such communities. practice..ICCs/IPs shall have the right to manifest.Sec. .. The State shall recognize the right of ICCs/IPs to a sustainable agro-technological development and shall formulate and implement programs of action for its effective implementation. 31. traditions and customs. Panay and the rest of the Visayas. and b. Sec. To achieve this purpose.. and the right to the repatriation of human remains. That at least two (2) of the seven (7) Commissioners shall be women.. seminars and workshops to promote and enhance their distinctive heritage and values. Palawan. public information and culturaleducational exchange. 38. Explore. it shall be unlawful to: a. Funds for Archeological and Historical Sites.

g) To negotiate for funds and to accept grants. on his own initiative or upon recommendation by any indigenous community. Sec. 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 temporary or acting capacity: Provided. e) To issue certificate of ancestral land/domain title. m) To issue appropriate certification as a precondition to the grant of permit. with government or private agencies or entities as may be necessary to attain the objectives of this Act. for the benefit of ICCs/IPs and administer the same in accordance with the terms thereof. b) To review and assess the conditions of ICCs/IPs including existing laws and policies pertinent thereto and to propose relevant laws and policies to address their role in national development. plans. 44. bonafide members of ICCs/IPs as certified by his/her tribe. local and international. 42. 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. or any other similar authority for the disposition. c) To formulate and implement policies. programs and projects for the economic. Removal from Office. management and appropriation by any private individual. 43. social and cultural development of the ICCs/IPs and to monitor the implementation thereof. further. transactions or decisions. before the expiration of his term for cause and after complying with due process requirement of law. l) To prepare and submit the appropriate budget to the Office of the President. agreements. utilization. or arrangement. all official records. 45. 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. Sec. That no person shall serve for more than two (2) terms.The President shall appoint the seven (7) Commissioners of the NCIP within ninety (90) days from the effectivity of this Act. and q) To represent the Philippine ICCs/IPs in all international conferences and conventions dealing with indigenous peoples and other related concerns. and must be of proven honesty and integrity: Provided. a report of its operations and achievements.. 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.natural born Filipino citizens. Accessibility and Transparency. 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. documents and papers pertaining to official acts. corporation or subdivision thereof on any part or portion of the ancestral domain taking into consideration the consensus approval of the ICCs/IPs concerned. k) To submit to Congress appropriate legislative proposals intended to carry out the policies under this Act.Any member of the NCIP may be removed from office by the President. donations. thorough which such assistance may be extended. at least 35 years of age at the time of appointment.. jurisdiction and function: a) To serve as the primary government agency through which ICCs/IPs can seek government assistance and as the medium. Appointment of Commissioners. h) To coordinate development programs and projects for the advancement of the ICCs/IPs and to oversee the proper implementation thereof. and may be subject to reappointment for another term: Provided. gifts and/or properties in whatever form and from whatever source. grant.Subject to such limitations as may be provided by law or by rules and regulations promulgated pursuant thereto. p) To exercise such other powers and functions as may be directed by the President of the Republic of the Philippines. Sec. That the Chairperson and the Commissioners shall be entitled to compensation in accordance with the Salary Standardization Law. Sec.To accomplish its mandate. to obtain loans from government lending institutions and other lending institutions to finance its programs. lease. in such manner consistent with the interest of ICCs/IPs as well as existing laws.. corporate entity or any government agency. and subject to the approval of the President. furthermore. That the members of the NCIP shall hold office for a period of three (3) years. to enter into contracts. i) To convene periodic conventions or assemblies of IPs to review. Powers and Functions. f) Subject to existing laws.. as well as research data used as basis for policy development . the NCIP shall have the following powers. That at least two (2) of the seven (7) Commissioners shall be the members of the Philippine Bar: Provided. or in the absence of any condition. assess as well as propose policies or plans. finally. subject to the approval of the President of the Philippines.

d. Culture and Health .The Ancestral Domain Office shall be responsible for the identification. within the limits of available appropriation. 48. it shall initiate the filing of appropriate legal or administrative action to the NCIP. Office of Empowerment and Human Rights . Education and Health shall be responsible for the effective implementation of the education. records. Officers within the NCIP.political. lease or permit for the exploitation of natural resources affecting the interests of ICCs/IPs in protecting the territorial integrity of all ancestral domains. rules and regulations are protected and promoted.The Administrative Office shall provide the NCIP with economical. and such other rights as the NCIP may determine.The Office on Policy. It shall also be responsible for the management of ancestral lands/domains in accordance with the master plans as well as the implementation of the ancestral domain rights of the ICCs/IPs as provided in Chapter III of this Act. On the basis of its findings. Other field office shall be created wherever appropriate and the staffing pattern thereof shall be determined by the NCIP: Provided. It shall assist. especially in areas where existing educational facilities are not accessible to members of the indigenous group. certification prior to the grant of any license. and related services. Regional and Field Offices. upon the free and prior informed consent of the ICCs/IPs concerned. and g. Administrative Office . It shall undertake.of the Commission shall be made accessible to the public. Such plan shall undergo a process such that every five years. f.. b.The Office of Empowerment and Human Rights shall ensure that indigenous socio. c. both formal and non-formal. Office of Education. It shall assist the legislative branch of the national government in the formulation of appropriate legislation benefiting ICCs/IPs. nursing.The Office on Socio-Economic Services and Special Concerns shall serve as the Office through which the NCIP shall coordinate with pertinent government agencies specially charged with the implementation of various basic socioeconomic services. It shall also be responsible for such other functions as the NCIP may deem appropriate and necessary. to participate in all level decision-making.. It shall ensure that capacity building mechanisms are instituted and ICCs/IPs are afforded every opportunity.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. physical therapy and other allied courses pertaining to the health profession. but not limited to. finance.The NCIP shall have the power to create additional offices as it may deem necessary subject to existing rules and regulations. 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. Culture and Sports and the Commission on Higher Education.The NCIP shall have the following offices which shall be responsible for the implementation of the policies herein after provided: a. promote and support community schools. 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. evaluation and policy formulation. Ancestral Domains Office .Existing regional and field offices shall remain to function under the strengthened organizational structure of the NCIP. Sec. Towards this end. plans and programs affecting the ICCs/IPs to ensure that the same are properly and directly enjoyed by them. It shall likewise ensure that the basic human rights. cultural and related rights as provided in this Act. the development of a Five-Year Master Plan for the ICCs/IPs. subject to existing laws. Sec. e. for the benefit of the local indigenous community. It shall administer all scholarship programs and other educational rights intended for ICC/IP beneficiaries in coordination with the Department of Education. It shall likewise perform such other functions as the Commission may deem appropriate and necessary. Other Offices. It shall also issue. if they so choose. security. It shall also identify ICCs/IPs with potential training in the health profession and encourage and assist them to enroll in schools of medicine.. 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 ethnographic information for monitoring. Office on Policy. the NCIP shall deploy a representative in each of the said offices who shall personally perform the foregoing task and who shall receive complaints from the ICCs/IPs and compel action from appropriate agency. 47. That in provinces . Planning and Research . Office on Socio-Economic Services and Special Concerns . a special program which includes language and vocational training. It shall also administer the Ancestral Domains Fund. supplies.46. Planning and Research shall be responsible for the formulation of appropriate policies and programs for ICCs/IPs such as. Sec. delineation and recognition of ancestral land/domains. the Commission shall endeavor to assess the plan and make ramifications in accordance with the changing situations. policies. public health and family assistance program and related subjects. equipment. cultural and economic rights are respected and recognized.The Office on Culture. efficient and effective services pertaining to personnel. Legal Affairs Office .

by a majority of the members of the ICCs/IPs.The NCIP shall create the Office of the Executive Director which shall serve as its secretariat. 9.A complete copy of the preliminary census and a report of investigation. Petition for Delineation . b. the Ancestral Domains Office of the NCIP shall prepare a perimeter map.. Anthropological data. 2. As such. Delineation and Recognition of Ancestral Domains. c.. e. Delineation Process.On the basis of such investigation and the findings of fact based thereon.The identification and delineation of ancestral domains shall be done in accordance with the following procedures: a. and 10. Pictures and descriptive histories of traditional communal forests and hunting grounds. The staffing pattern of the office shall be determined by the NCIP subject to existing rules and regulations. and a description of the natural features and landmarks embraced therein. 50. ICCs/IPs enactment of this law shall have the right to apply for the issuance of a Certificate of Ancestral Domain Title (CADT) over the area without going through the process outlined hereunder. aspirations and interests of the ICCs/IPs. sacred places and old villages. Sec. Consultative Body. if any.A body consisting of the traditional leaders.Proof of Ancestral Domain Claims shall include the testimony of elders or community under oath. Measures shall be taken in appropriate cases to safeguard the rights of the ICCs/IPs concerned to land which may no longer be exclusively occupied by them.where there are ICCs/IPs but without field offices. Pictures showing long term occupation such as those of old improvements. terraces and the like.The process of delineating a specific perimeter may be initiated by the NCIP with the consent of the ICC/IP concerned. 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. Office of the Executive Director. Sec. Report of Investigation and Other Documents . shall be prepared by the Ancestral Domains Office of the NCIP. 51. creeks. shall be immediately undertaken by the Ancestral Domains Office upon filing of the application by the ICCs/IPs concerned. 2. Sec. the NCIP shall establish field offices in said provinces. including pacts and agreements concerning boundaries entered into by the ICCs/IPs concerned with other ICCs/IPs. 5. The office shall be headed by an Executive Director who shall be appointed by the President of the Republic of the Philippines upon the recommendation of the NCIP on a permanent basis. Written accounts of the ICCs/IPs political structure and institution. The Sworn Statement of the Elders as to the Scope of the territories and agreements/pacts made with neighboring ICCs/IPs. Survey plans and sketch maps. or through a Petition for Delineation filed with the NCIP. Proof required . hills. Ancestral Domains Delineated Prior to this Act The provisions hereunder shall not apply to ancestral domains/lands already delineated according to DENR Administrative Order No. 49. 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. nor to ancestral lands and domains delineated under any other community/ancestral domain program prior to the enactment of his law. particularly of ICCs/IPs who are still nomadic and/or shifting cultivators. The Government shall take the necessary steps to identify lands which the ICCs/IPs concerned traditionally occupy and guarantee effective protection of their rights of ownership and possession thereto. 4... Genealogical surveys.Self-delineation shall be guiding principle in the identification and delineation of ancestral domains. 3. the ICCs/IPs concerned shall have a decisive role in all the activities pertinent thereto. but to which they have traditionally had access for their subsistence and traditional activities. CHAPTER VIII DELINEATION AND RECOGNITION OF ANCESTRAL DOMAINS Sec. Written accounts of the ICCs/IPs customs and traditions. rivers. Historical accounts.The official delineation of ancestral domain boundaries including census of all community members therein. 8. Write-ups of names and places derived from the native dialect of the community. Preparation of Maps . f. complete with technical descriptions. 7. 6. ridges. will be essential to the determination of these traditional territories. series of 1993. . d. elders and representatives from the women and youth sectors of the different ICCs/IPs shall be constituted by the NCIP from the time to time to advise it on matters relating to the problems. Pictures and descriptive histories of traditional landmarks such as mountains. burial grounds. Delineation Paper . 52.

provincial and regional offices of the NCIP. 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 Sec. the Ancestral Domains Office shall require the submission of additional evidence: Provided. Turnover of Areas Within Ancestral Domains Managed by Other Government Agencies . including tax declarations and proofs of payment of taxes. and any other government agency claiming jurisdiction over the area shall be notified thereof. A copy of the document shall also be posted at the local. without prejudice to its full adjudication . the Ancestral domains Office shall cause the contending parties to meet and assist them in coming up with a preliminary resolution of the conflict. The secretaries of the Department of Agrarian Reform. the Ancestral Domains Office shall investigate and inspect each application. Department of Environment and Natural Resources. Registration of CADTs . provincial. furthermore. containing a list of all those identified in the census. and k. Delineation and Certification of Ancestral Lands. Sworn Statements and the like. Such notification shall terminate any legal basis for the jurisdiction previously claimed. the Ancestral Domains Office shall give the applicant due notice. may shed light on the veracity of the contents of the application/claim. 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 cases where there are conflicting claims. In case of conflicting claims among individual or indigenous corporate claimants. In case of rejection. shall cause a parcellary survey of the area being claimed. may have their claims officially established by filing applications for the identification and delineation of their claims with the Ancestral Domains Office. d. That mere posting shall be deemed sufficient if both newspaper and radio station are not available. further. i. h. the Ancestral Domains Office shall cause the contending parties to meet and assist them in coming up with a preliminary resolution of the conflict. However. Individual and indigenous corporate claimants of ancestral lands which are not within ancestral domains. Department of the Interior and Local Government.Within fifteen (15) days from publication. copy furnished all concerned. e. The Ancestral Domains Office may require from each ancestral claimant the submission of such other documents. without prejudice to its full adjudication according to the selection below. broadcasting in a radio station will be a valid substitute: Provided. Endorsement to NCIP . Fifteen (15) days after such publication. further. Identification. Sec.g. Issuance of CADT . 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. further. 53.The Chairperson of the NCIP shall certify that the area covered is an ancestral domain. 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. 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. broadcasting in a radio station will be a valid substitute: Provided.- a.The NCIP shall register issued certificates of ancestral domain titles and certificates of ancestral lands titles before the Register of Deeds in the place where the property is situated. A copy of the document shall also be posted at the local. and if found to be meritorious. 52 (d) of this act. containing the grounds for denial.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. The denial shall be appealable to the NCIP. copy furnished all concerned. That in areas where no such newspaper exists. b. Upon receipt of the applications for delineation and recognition of ancestral land claims. That mere posting shall be deemed sufficient if both newspapers and radio station are not available f. The denial shall be appealable to the NCIP: Provided. The Ancestral Domains office shall reject any claim that is deemed patently false or fraudulent after inspection and verification. the Ancestral Domains office shall give the applicant due notice. That the Ancestral Domains Office shall reject any claim that is deemed patently false or fraudulent after inspection and verification: Provided. c. respectively. The allocation of lands within any ancestral domain to individual or indigenous corporate (family or clan) claimants shall be left to the ICCs/IPs concerned to decide in accordance with customs and traditions. and of the inspection process. the Commissioner of the National Development Corporation. if the proof is deemed insufficient. which in its opinion.A copy of each document. and Department of Justice. Notice and Publication . 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. That in case of rejection. j. That in areas where no such newspaper exists. 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. containing the grounds for denial.

which shall. mangroves wildlife sanctuaries. Sec.All lands certified to be ancestral domains shall be exempt from real property taxes. managed and developed for such purposes. That no department. the disputes arising from the delineation of such ancestral domains: Provided. Should the ICCs/IPs decide to transfer the responsibility over the areas. Sec. Certification Precondition. through a Memorandum of Agreement (MOA). Sec. otherwise known as the New Civil Code. evaluate or corporate (family or clan) claimant over ancestral lands.The Ancestral Domains Office may. Sec. Sec. 62. In all proceedings for the identification or delineation of the ancestral domains as herein provided.. the NCIP shall hear and decide. after notice to the proper parties. or reforestation as determined by the appropriate agencies with the full participation of the ICCs/IPs concerned shall be maintained. and which cannot be resolved.. development or exploitation of any natural resources within the ancestral domains. but in no case beyond three (3) years after its creation. That the ICCs/IPs shall have the right to stop or suspend. That communal rights under this Act shall not be construed as co-ownership as provided in Republic Act. 54. or entering into any production-sharing agreement. any person or community may be cancelled by the NCIP after due notice and hearing of all parties concerned. government agency or governmentowned or -controlled corporation may issue new concession. Natural Resources within Ancestral Domains. Sec. and other forms of exaction except such portion of the ancestral domains as are actually used for large-scale agriculture. renewing.60. license or lease. without prior certification from the NCIP that the area affected does not overlap with any ancestral domain.. extraction. further.Prior to the establishment of an institutional surveying capacity whereby it can effectively fulfill its mandate. The Ancestral Domains Office shall prepare and submit a report on each and every application surveyed and delineated to the NCIP. Sec. That no certificate shall be issued by the NCIP without the free and prior informed and written consent of the ICCs/IPs concerned: Provided. upon written request from the ICCs/IPs. finally.The ICCs/IPs shall have the priority rights in the harvesting.. Sec.Ancestral domains or portion thereof.In cases of conflicting interest.Subject to Section 56 hereof. Communal Rights. that all exactions shall be used to facilitate the development and improvement of the ancestral domains. wilderness. in accordance with this Act. which are found necessary for critical watersheds. A non-member of the ICCs/IPs concerned 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. The ICCs/IPs concerned shall be given the responsibility to maintain. protect and conserve such areas with the full and effective assistance of the government agencies. develop.. lease. 57. That the transfer shall be temporary and will ultimately revert to the ICCs/IPs in accordance with a program for technology transfer: Provided. protected areas. specially levies. Sec. The consent of the ICCs/IPs should be arrived at in accordance with its customary laws without prejudice to the basic requirement of the existing laws on free and prior informed consent: Provided. That if the dispute is between and/or among ICCs/IPs regarding the traditional boundaries of their respective ancestral . has agreed to allow such operation: Provided. license. said decision must be made in writing.according to Sec. shall be recognized and respected. and g. a provision for technology transfer to the NCIP. 55. forest cover. Fraudulent Claims. whether delineated or not. to delineate ancestral domain perimeters. in turn. Such certificate shall only be issued after a field-based investigation is conducted by the Ancestral Domain Office of the area concerned: Provided. 61. areas within the ancestral domains. further. 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. Environmental Consideration. 62 of this Act.Property rights within the ancestral domains already existing and/or vested upon effectivity of this Act.. 58. No. Any claim found to be fraudulently acquired by. That the all extractions shall be used to facilitate the development and improvement of the ancestral domains. where there are adverse claims within the ancestral domains as delineated in the survey plan. the Director of Lands shall represent the interest of the Republic of the Philippines. That a formal and written agreement is entered into with the ICCs/IPs concerned or that the community. 59. Exemption from Taxes. or production sharing agreement while there is pending application CADT: Provided.. That the Memorandum of Agreement shall stipulate. or granting any concession. pursuant to its own decision making process. commercial forest plantation and residential purposes and upon titling by other by private person: Provided. Existing Property Rights Regimes. 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.all department and other governmental agencies shall henceforth be strictly enjoined from issuing.. 386. 56. Resolution of Conflicts. The DENR Secretary shall accommodate any such request within one (1) month of its issuance: Provided. any project that has not satisfied the requirement of this consultation process. and issued to. shall be presumed to be communally held: Provide. review existing claims which have been fraudulently acquired by any person or community.. finally. Temporary Requisition Powers. among others.

customary laws and practices shall be used to resolve the dispute.000.. Appeals to the Court of Appeals.Decisions of the NCIP shall be appealable to the Court of Appeals by way of a petition for review.. 66. 67. CHAPTER IX ANCESTRAL DOMAINS FUND Sec.When disputes involve ICCs/IPs. Jurisdiction of the NCIP.Expropriation may be resorted to in the resolution of conflicts of interest following the principle of the "common good". if not restrained or irreparable damage to case or seriously affect Sec. further. CHAPTER IX JURISDICTION AND PROCEDURES FOR ENFORCEMENT OF RIGHTS Sec. That the action for cancellation shall be initiated within two (2) years from the effectivity of this Act: Provided. Thereafter such amount shall be included in the annual General Appropriations Act. dispute or controversy to. hereditary succession and settlement of land disputes. 69. That the action for reconveyance shall be a period of ten (10) years in accordance with existing laws. 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. Any doubt or ambiguity in the application of laws shall be resolved in favor of the ICCs/IPs. Execution of Decisions.No inferior court of the Philippines shall have the jurisdiction to issue any restraining order or writ of preliminary injunction against the NCIP or any of its duly authorized or designated offices in any case. c.There is hereby created a special fund. which certification shall be a condition precedent to the filing of a petition with the NCIP. Ancestral Domains Fund.domains. through its regional offices..000) shall be sourced from the gross income of the Philippine Charity Sweepstakes Office (PCSO) from its lotto operation. and d. however. Ten millions pesos (P10. issue subpoenas requiring the attendance and testimony of witnesses or the production of such books. order. Sec. award or ruling of the NCIP on any ancestral domain dispute or on any matter pertaining to the application.Customary laws. Applicable Laws. Quasi-Judicial Powers of the NCIP. The NCIP shall take appropriate legal action for the cancellation of officially documented titles which were acquired illegally: Provided. Sec. on its own initiative or upon motion by the prevailing party.. b. 65. and such other source as the government may be deem appropriate.. Sec. the Hearing Officer of the NCIP.. may cause grave any of the parties to the social or economic activity. shall have jurisdiction over all claims and disputes involving rights of ICCs/IPs. charges or fees imposed by the government or any political subdivision or . Sec. orders or awards of the Regional Hearing Officer of the NCIP. That in any decision. finally. to be known as the Ancestral Domains Fund. customary process shall be followed. Sec. further. papers. directly or indirectly. To hold any person in contempt. 64. delineation and development of ancestral domains. For this purpose.Upon expiration of the period here provided and no appeal is perfected by any of the contending parties. and impose appropriate penalties therefor. The NCIP may also solicit and receive donations. 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. 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. or interpretation of this Act and other pertinent laws relating to ICCs/IPs and ancestral domains. enforcement and interpretation of this Act may be brought for Petition for Review to the Court of Appeals within fifteen (15) days from receipt of a copy thereof.The NCIP shall have the power and authority: a.The NCIP. summon the parties to a controversy. That no such dispute shall be brought to the NCIP unless the parties have exhausted all remedies provided under their customary laws. To administer oaths. The NCIP shall promulgate the necessary rules and regulations to carry out its adjudicatory functions: Provided. To enjoin any or all acts any case pending therefore forthwith. traditions and practices of the ICCs/IPs of the land where the conflict arises shall be applied first with respect to property rights. Remedial Measures. 68. endowments shall be exempted from income or gift taxes and all other taxes. That such procedure shall ensure that the rights of possessors in good faith shall be respected: Provided. claims and ownerships. Orders. contracts. Awards. Primary of Customary Laws and Practices. No restraining Order or Preliminary Injunction .000) to cover compensation for expropriated lands. an initial amount of the One Hundred thirty million pesos(P130.. the fund of the Social Reform Council intended for survey and delineation of ancestral lands/domains. 70. records. An amount of Fifty million pesos (P50. shall issue a writ of execution requiring the sheriff or the proper officer to execute final decisions.000. Provided. Sec. implementation.000) from the gross receipts of the travel tax of the preceding year. involving or arising from it which. 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. 63. 71.000.

the merged offices as aforestated shall be transferred to the NCIP without further need of conveyance. All agreements and contracts entered into by the merged offices shall remain in full force and effect unless otherwise terminated. manager. Secs. a Placement Committee shall be created by the NCIP.If the offender is a juridical person. Sec 21..000) nor more than Five hundred thousand pesos (P500. authorized and/or unlawful intrusion upon any ancestral lands or domains as stated in Sec. That the positions of Regional Directors and below. That neither shall the death penalty or excessive fines be imposed. finally That absorbed personnel must still meet the qualifications and standards set by the Civil Service and the Placement Committee herein created. 74. Sec. Punishable Acts and Applicable Penalties. The State shall promote comprehensive rural development and agrarian reform. They shall be guided by the criteria of retention and appointment to be prepared by the consultative body and by the pertinent provisions of the civil service law. Section 33. former.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 conduct audit of its finances. or shall commit any of the prohibited acts mentioned in Sections 21 and 24. That in the case where an indigenous person and a nonindigenous person with similar qualifications apply for the same position. or head of office responsible for their unlawful act shall be criminally liable therefor. Sec. 3. That no such penalty shall be cruel. 76. degrading or inhuman punishment: Provided. priority shall be given to the Art I. Transfer of Assets/Properties. the penalty shall include perpetual disqualification to hold public office. If they are already entitled to retirement benefits or the gratuity herein provided. such as.. Art XII. This provision shall be without prejudice to the right of any ICCs/IPs to avail of the protection of existing laws. Transition Period. be punished by imprisonment of not less than nine (9) months but not more than twelve (12) years or a fine not less than One hundred thousand pesos (P100. are hereby merged as organic offices of the NCIP and shall continue to function under a revitalized and strengthened structures to achieve the objectives of the NCIP: Provided. any person who violates any provision of this Act shall. but not limited to. 122-B and 122-C respectively. nongovernment 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. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development. 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 1/2) months salary for every year of continuous and satisfactory service rendered or the equivalent nearest fraction thereof favorable to them on the basis of the highest salary received. Chapter III. all officers such as.Subject to rules on government reorganization. In which case.. he shall be obliged to pay to the ICCs/IPs concerned whatever damage may have been suffered by the latter as a consequence of the unlawful act. in coordination with the Civil Service Commission. Section 22.instrumentality CHAPTER XI PENALTIES thereof. 2. That if the offender is a public official. its president. Merger of ONCC/OSCC. records and documents shall be transferred to the NCIP. 75. in addition to the cancellation of certificates of their registration and/or license: Provided. upon conviction. subject to the qualifications set by the Placement Committee: Provided. That all contracts. shall be punished in accordance with the customary laws of the ICCs/IPs concerned: Provided. 5. CHAPTER XII MERGER OF THE OFFICE FOR NORTHERN CULTURAL COMMUNITIES (ONCC) AND THE OFFICE FOR SOUTHERN CULTURAL COMMUNITIES (OSCC) Sec. Chapter V.Any person who commits violation of any of the provisions of this Act. Chapter VI hereof. transfer or assignment and shall be held for the same purpose as they were held by the former offices: Provided. modified or amended by the NCIP. furthermore. 22 of the Constitution Section 21.000) or both such fine and imprisonment upon the discretion of the court.. further. 72. Sec. That officials and employees of the phasedout offices who may be qualified may apply for reappointment with the NCIP and may be given prior rights in the filing up of the newly created positions of NCIP. but not limited to.. 10. 73. 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). Persons Subject to Punishment. 7 and 8 of the Constitution .The Office for Northern Cultural Communities (ONCC) and the Office of Southern Cultural Communities (OSCC).All real and personal properties which are vested in.. Placement Committee. created under Executive Order Nos. Sec. or belonging to. Sec. 4. In addition. 77. are hereby phased-out upon the effectivity of this Act: Provided. further. which shall assist in the judicious selection and placement of personnel in order that the best qualified and most deserving persons shall be appointed in the reorganized agency. Officers and employees who may be reinstated shall refund such retirement benefits or gratuity received: Provided.

or associations qualified to acquire or hold lands of the public domain. bays. petroleum. and development. marking clearly their boundaries on the ground. All lands of the public domain. or industrial uses other than the development of water power. or corporations or associations at least sixty per centum of whose capital is owned by such citizens. by purchase.workers in rivers. allow small-scale utilization of natural resources by Filipino citizens. renewable for not more than twenty-five years. Citizens of the Philippines may lease not more than five hundred hectares. shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic. or grant. as soon as possible. with priority to subsistence fishermen and fish. flora and fauna. The exploration. fisheries. Save in cases of hereditary succession. all other natural resources shall not be alienated. beneficial use may be the measure and limit of the grant. Section 4. developed. and lagoons. minerals. renewable for not more than twenty-five years. subject to the provisions of this Constitution and national development policies and programs. Section 2. and other mineral oils according to the general terms and conditions provided by law. Taking into account the requirements of conservation. The President shall notify the Congress of every contract entered into in accordance with this provision. Section 3. waters. by law. petroleum. no private lands shall be transferred or conveyed except to individuals. The Congress shall provide for such period as it may determine. The President may enter into agreements with foreign-owned corporations involving either technical or financial assistance for large-scale exploration. Section 8. Alienable lands of the public domain shall be limited to agricultural lands. for a period not exceeding twenty-five years. lakes. The Congress may provide for the applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domain. water supply fisheries. . and under such terms and conditions as may be provided by law. ecology.ARTICLE XII: NATIONAL PATRIMONY ECONOMY AND acquire not more than twelve hectares thereof. Lands of the public domain are classified into agricultural. within thirty days from its execution. and not to exceed one thousand hectares in area. corporations. The State shall protect the nation's marine wealth in its archipelagic waters. held. a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private lands. territorial sea. the size of lands of the public domain which may be acquired. Notwithstanding the provisions of Section 7 of this Article. and utilization of natural resources shall be under the full control and supervision of the State. mineral lands and national parks. the Congress shall determine. The State may directly undertake such activities. forests or timber. or it may enter into co-production. and cultural wellbeing. Private corporations or associations may not hold such alienable lands of the public domain except by lease. and other natural resources are owned by the State. wildlife. Section 5. subject to limitations provided by law. The State. measures to prohibit logging in endangered forests and watershed areas. as well as cooperative fish farming. Thereafter. all forces of potential energy. In such agreements. the State shall promote the development and use of local scientific and technical resources. and other mineral oils. such forest lands and national parks shall be conserved and may not be increased nor diminished. In cases of water rights for irrigation. development. or production-sharing agreements with Filipino citizens. forest or timber. joint venture. coal. With the exception of agricultural lands. by law. homestead. Agricultural lands of the public domain may be further classified by law according to the uses to which they may be devoted. by law. social. or Section 7. based on real contributions to the economic growth and general welfare of the country. and subject to the requirements of agrarian reform. and reserve its use and enjoyment exclusively to Filipino citizens. determine. development. and utilization of minerals. except by law. and exclusive economic zone. or leased and the conditions therefor. the specific limits of forest lands and national parks. Such agreements may be for a period not exceeding twenty-five years. The Congress may. The Congress shall.

association. (n) "Environmental Impact Statement (EIS)" is the document which aims to identify. whether in singular or plural. test pitting. (t) "Foreign-owned corporation" means any corporation. embargo. development.m. development.) seaward from base line of the Philippine archipelago. war.). interpret. act of God or any public enemy and any cause that herein describe over which the affected party has no reasonable control. but not limited to.m. or utilized by indigenous cultural communities by themselves or through their ancestors in accordance with their customs and traditions since time immemorial. including the construction of necessary infrastructure and related facilities. As used in and for purposes of this Act. of (k) "Director" means the Director of the Mines and Geosciences Bureau. insurrection. (i) "Department" means the Department Environment and Natural Resources. (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 mineralized area granted/issued under pertinent mining laws. Sec. trenching. 7942: Philippine Mining Act of 1995 Sec.) offshore. or cooperative duly registered in accordance with law in which less (j) "Development" means the work undertaken to explore and prepare an ore body or a mineral deposit . (l) "Ecological profile or eco-profile" refers to geographic-based instruments for planners and decision-makers which presents an evaluation of the environmental quality and carrying capacity of an area. quantity and quality thereof and the feasibility of mining them for profit. flood or other adverse weather conditions. containing approximately eighty-one hectares (81 has. riots. 3 Definition of Terms. occupied. partnership. shall mean: (a) "Ancestral lands" refers to all lands. (q) "Exploration" means the searching or prospecting for mineral resources by geological. civil disturbance. and as may be defined and delineated by law. sabotage. adverse action by government or by any instrumentality or subdivision thereof. epidemic. development. earthquake. remote sensing. drilling. (f) "Contract area" means land or body of water delineated for purposes of exploration. 2 Declaration of Policy. sea bottom and substratum measured twenty-four nautical miles (24 n. 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. shaft sinking. storm. (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. the following terms. or utilization of the minerals found therein. predict. (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. tunneling or any other means for the purpose of determining the existence. extent. fire. sea bottom and subsurface measured from the baseline of the Philippine archipelago up to two hundred nautical miles (200 n. (s) "Force majeure" means acts or circumstances beyond the reasonable control of contractor including. strike. and communicate information regarding changes in environmental 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. 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. any dispute with surface owners and other labor disputes. rebellion. It shall be the responsibility of the State to promote their rational exploration. (c) "Bureau" means the Mines and Geosciences Bureau under the Department of Environment and Natural Resources. (o) "Exclusive economic zone" means the water. (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. and utilization of mineral resources. Republic Act No. (b) "Block" or "meridional block" means an area bounded by one-half (1/2) minute of latitude and one-half (1/2) minute of longitude. explosion. (e) "Contiguous zone" refers to water. lockout. exclusively and actually possessed. geochemical or geophysical surveys.for mining. blockade. (r) "Financial or technical assistance agreement" means a contract involving financial or technical assistance for large-scale exploration. (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.

(al) "Permittee" means the holder of an exploration permit.m. (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. precipitating. utilization. co-production agreement. and sharing common bonds of languages. and processing.) exclusive economic zone including the archipelagic sea and contiguous zone. (ah) "Net assets" refers to the property. or any intermediate state excluding energy materials such as coal. (ai) "Offshore" means the water. (af) "Mining operation" means mining activities involving exploration. liquids or other harmful by products and gases emitted from any facility utilized in mining operations for their disposal. (an) "President" means the President of the Republic of the Philippines. mining. (ak) "Ore" means a naturally occurring substance or material from which a mineral or element can be mined and/or processed for profit. chemicals. sea bottom. machinery. and geothermal energy. involving mineral production-sharing agreement. nonprofit organizations involved in activities dealing with resource and environmental conservation. (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 existing laws. maintaining. development. equipment and/or improvements used for impounding. removing and disposing quarry resources found on or underneath the surface of private or public land. plant and equipment as reflected in the audited financial statement of the contractor net of depreciation. gas. (ag) "Nongovernmental Organization (NGO)" includes nonstock. including submerged lands in lakes. or occupant who has already acquired a vested right thereto under the law. benefaction or upgrading of ores or minerals and rocks or by similar means to convert the same into marketable products. (ao) "Private land" refers to any land belonging to any private person which includes alienable and disposable land being claimed by a holder. (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. (y) "Mineral processing" means the milling. although the corresponding certificate or evidence of title or patent has not been actually issued. filtering. association. claimant. petroleum. (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. (ad) "Mineral resource" means any concentration of minerals/rocks with potential economic value. conveying and cleansing mine industrial waste and tailings as well as eliminating or reducing hazardous effects of solid particles. utilization. management and protection. (ab) "Mineral agreement" means a contract between the government and a contractor. . treating or neutralizing. and as may be defined and delineated by law. or a corporation. as computed for tax purposes. excluding appraisal increase and construction in progress. (aa) "Minerals" refers to all naturally occurring inorganic substance in solid. (ae) "Mining area" means a portion of the contract area identified by the contractor for purposes of development. traditions. liquid. financial or technical assistance agreement or mineral processing permit. (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. partnership. (aj) "Onshore" means the landward side from the mean tide elevation. and sites for support facilities or in the immediate vicinity of the mining operations. or cooperative organized or authorized for the purpose of engaging in mining. rivers and creeks. and other distinctive cultural traits. (as) "Quarry permit" means a document granted to a qualified person for the extraction and utilization of quarry resources on public or private lands. That a legally organized foreign-owned corporation shall be deemed a qualified person for purposes of granting an exploration permit. (ac) "Mineral land" means any area where mineral resources are found. (am) "Pollution control and infrastructure devices" refers to infrastructure. (aq) "Qualified person" means any citizen of the Philippines with capacity to contract. radioactive materials. (u) "Government" means the government of the Republic of the Philippines.than fifty per centum (50%) of the capital is owned by Filipino citizens. natural gas. or joint-venture agreement. (ar) "Quarrying" means the process of extracting. with technical and financial capability to undertake mineral resources development and duly registered in accordance with law at least sixty per cent (60%) of the capital of which is owned by citizens of the Philippines: Provided. customs. feasibility. and subsurface from the shore or coastline reckoned from the mean low tide level up to the two hundred nautical miles (200 n.

shale. (ax) "Special allowance" refers to payment to the claim-owners or surface right-owners particularly during the transition period from Presidential Decree No. subject to valid existing mining quarrying rights as provided under Section 112 Chapter XX hereof. Mining operations in existing mineral reservations and such other reservations as may thereafter be established. feldspar. That the party who undertook the exploration of said reservation shall be given priority. That a small scale mining agreement for a maximum aggregate area of twenty-five percent (25%) of such mineral reservation. . 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. The mineral land so awarded shall be automatically excluded from the reservation during the term of the agreement: Provided. 5 Mineral Reservations. The State may directly undertake such activities or it may enter into mineral agreements with contractors. 9 Authority of the Bureau. bullquartz. mica. talc. The State shall recognize and protect the rights of the indigenous cultural communities to their ancestral lands as provided for by the Constitution. The Bureau shall have direct charge in the administration and disposition of mineral lands and mineral resources and shall undertake geological. and other researches as well as geological and mineral exploration surveys. All submerged lands within the contiguous zone and in the exclusive economic zone of the Philippines are hereby declared to be mineral reservations.(at) "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. development. shall not be classified under the category of quarry resources. andesite. The right to develop and utilize the minerals found therein shall be awarded by the President under such terms and conditions as recommended by the Director and approved by the Secretary. sandstone. utilization. (az) "Utilization" means the extraction or disposition of minerals.Mineral resources are owned by the State and the exploration. asbestos. 8 Authority of the Department. and other non-metallic minerals that may later be discovered and which the Director declares the same to be of economically workable quantities. dolomite. series of 1987. 463 and Executive Order No. volcanic cinders. development. watershed areas. bentonite. marble. Sec. limestone. management. and upon the recommendation. further. by proclamation. (ay) "State" means the Republic of the Philippines. Sec. and processing thereof shall be under its full control and supervision. A ten per centum (10%) share of all royalties and revenues to be derived by the government from the development and utilization of the mineral resources within mineral reservations 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. further. they may be undertaken by a qualified person in accordance with the rules and regulations promulgated by the Secretary. 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 . rhyolite. basalt. Provided. The Department shall be the primary government agency responsible for the conservation. Sec. serpentine. diorite. 4 Ownership of Mineral Resources. and proper use of the State's mineral resources including those in reservations. Mining operations in reserved lands other than mineral reservations may be undertaken by the Department. subject to limitations as herein provided. quartz or silica. (aw) "Secretary" means the Secretary of the Department of Environment and Natural Resources. gabbro. chemical. cultural or ecological value. metallurgical. red burning clays for potteries and bricks. barite. granite. Sec. That such quarry resources do not contain metals or metallic constituents and/or other valuable minerals in economically workable quantities: Provided. 7 Periodic Review of Existing Mineral Reservations. That non-metallic minerals such as kaolin. The Secretary shall have the authority to enter into mineral agreements on behalf of the Government upon the recommendation of the Director. the President may. The Secretary shall periodically review existing mineral reservations for the purpose of determining whether their continued existence is consistent with the national interest. or certain minerals for scientific. (au) "Region director" means the regional director of any mines regional office under the Department of Environment and Natural Resources. Sec. rock phosphate. sand and pebbles. the President may establish mineral reservations upon the recommendation of the Director through the Secretary. 279. diatomaceous earth. precious and semiprecious stones. and volcanic glass: Provided. promulgate such rules and regulations as may be necessary to implement the intent and provisions of this Act. 6 Other Reservations. In the event that the Department cannot undertake such activities. but not limited to. CHAPTER II GOVERNMENT MANAGEMENT Sec. When the national interest so requires. mining. magnesite. decorative stones. tuff. alter or modify the boundaries thereof or revert the same to the public domain without prejudice to prior existing rights. such as when there is a need to preserve strategic raw materials for industries critical to national development. (av) "Regional office" means any of the mines regional offices of the Department of Environment and Natural Resources. conglomerate. bauxite. and lands of the public domain. marl. gypsum. shall be undertaken by the Department or through a contractor: Provided. coral sand.

This Act shall govern the exploration. the contract or mining area shall be surveyed and monumented by a deputized geodetic engineer or bureau geodetic engineer and the survey plan shall be approved by the Director before the approval of the mining feasibility. 13 Meridional Blocks. said royalty forming a trust fund for the socioeconomic development of the community concerned. Sec. the royalty payment. 12 Survey. The Bureau shall have the authority to grant an exploration permit to a qualified person. when necessary. Mineral agreement or financial or technical assistance agreement applications shall not be allowed: (a) In military and other government reservations. 16 Opening of Ancestral Lands for Mining Operations. (c) In areas covered by valid and existing mining rights. . 20 Exploration Permit. 10 Regional Offices. For purposes of the delineation of the contract of mining areas under this Act. Sec. 7586. except upon prior written clearance by the government agency concerned. a current list of mineral rights. upon utilization of the minerals shall be agreed upon by the parties. (b) Near or under public or private buildings. public or private works including plantations or valuable crops. development. 18 Areas Open to Mining Operations. bridges. Sec. performance and guaranty bonds posted through an order to be promulgated by the Director. Sec. wilderness areas. utilization and processing of all mineral resources. There shall be as many regional offices in the country as may be established by the Secretary. Sec. subject to annual review and relinquishment or renewal upon the recommendation of the Director. waterways. highways. 17 Royalty Payments for Indigenous Cultural Communities. duly registered nongovernmental organization (NGO) or any qualified person to police all mining activities. A system and publication fund shall be included in the regular budget of the Bureau. A mineral resource database system shall be set up in the Bureau which shall include. a mineral gazette of nationwide circulation containing among others. mangrove forests. 11 Processing of Applications. except upon written consent of the government agency or private entity concerned. CHAPTER III SCOPE OF APPLICATION Sec. Sec. provincial/municipal forests. Department Administrative Order No. (d) In areas expressedly prohibited by law. An exploration permit grants the right to conduct exploration for all minerals in specified areas. The Bureau may confiscate surety. There shall be established a national and regional filing and recording system. The said royalty shall form part of a trust fund for the socioeconomic well-being of the indigenous cultural community. Sec. 15 Scope of Application. Sec. and (f) Old growth or virgin forests. including timber or forestlands as defined in existing laws shall be open to mineral agreements or financial or technical assistance agreement applications. reservoirs. The Bureau shall publish at least annually. mossy forests. Thereafter. mining rules and regulations. cemeteries. in which case a royalty payment upon the utilization of minerals shall be agreed upon by the parties. a mineral rights management system. (e) In areas covered by small-scale miners as defined by law unless with prior consent of the small-scale miners. A sketch plan or map of the contract or mining area prepared by a deputized geodetic engineer suitable for publication purposes shall be required during the filing of a mineral agreement or financial or technical assistance agreement application. proclaimed watershed forest reserves. and other information relevant to mineral resources development. all mineral resources in public or private lands. The Bureau shall publish at least annually. Sec. Subject to any existing rights or reservations and prior agreements of all parties. national parks. upon the recommendation of the Director. Any conflict that may arise under this provision shall be heard and resolved by the panel of arbitrators. In the event of an agreement with an indigenous cultural community pursuant to the preceding section. parks. No ancestral land shall be opened for mining operations without the prior consent of the indigenous cultural community concerned. Charting and Delineation of Mining Areas. An exploration permit shall be for a period of two (2) years. any member or unit of the Philippine National Police. Sec. series of 1992 and other laws. their location in the map. barangay. dams or other infrastructure projects. archeological and historic sites. The system of processing applications for mining rights shall be prescribed in the rules and regulations of this Act. 14 Recording System. CHAPTER IV EXPLORATION PERMIT Sec. railroads. The Director may deputize.terms and conditions of the mineral agreements. among others. game refuge and bird sanctuaries as defined by law in areas expressly prohibited under the National Integrated Protected areas System (NIPAS) under Republic Act No. the Philippine territory and its exclusive economic zone shall be divided into meridional blocks of one-half (1/2) minute of latitude and onehalf (1/2) minute of longitude. a mineral rights management system. 25. 21 Terms and Conditions of the Exploration Permit. other official acts affecting mining. 19 Areas Closed to Mining Applications. greenbelts.

twenty (20) blocks. in the entire Philippines - . For purposes of mining operations. forty (40) blocks. through the Director. cooperatives. development and utilization of mineral resources: Provided. financial or technical Sec. file with the Bureau a declaration of mining project feasibility accompanied by a work program for development. 25 Transfer or Assignment.is an agreement between the Government and the contractor wherein the Government shall provide inputs to the mining operations other than the mineral resource. in the entire Philippines (1) For individuals. he should possess a satisfactory environmental track record as determined by the Mines and Geosciences Bureau and in consultation with the Environment Management Bureau of the Department. Aside from earnings in equity. cooperatives. and manner of his entry. In addition. shall promulgate rules and regulations governing the terms and conditions of the permit. 26 Modes of Mineral Agreement. cooperatives. That in case the applicant has been in the mining industry for any length of time. the Government shall be entitled to a share in the gross output. and (2) For partnerships. management and personnel necessary for the implementation of this agreement. 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. A holder of an exploration permit who determines the commercial viability of a project covering a mining area may. joint venture agreement. corporations. occupy and explore the area: Provided. 22 Maximum Areas for Exploration Permit. A qualified person may enter into any of the three (3) modes of mineral agreement with the government for the exploration. associations. 28 Maximum Areas for Mineral Agreement. An exploration permit shall grant to the permittee. The maximum area that a qualified person may hold at any time under a mineral agreement shall be: (a) Onshore. Sec. his heirs or successors-in-interest. coproduction agreement or financial or technical assistance agreement over the permit area. four hundred (400) blocks. a mineral agreement may take the following forms as herein defined: (a) Mineral production sharing agreement .000) blocks. one hundred (100) blocks. or corporations. or associations.is an agreement where the Government grants to the contractor the exclusive right to conduct mining operations within a contract area and shares in the gross output. The Secretary. or associations. 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. one thousand (1. corporations. CHAPTER V MINERAL AGREEMENTS Sec. The permittee shall undertake an exploration work on the area specified by its permit based on an approved work program. 24 Declaration of Mining Project Feasibility. the right to enter. and (2) For partnerships. Sec. two hundred (200) blocks. and (2) (2) For partnerships. Sec. (b) Co-production agreement . and (2) For partnerships. occupation and exploration and in case of disagreement. corporations. in any one province (1) For individuals. That if private or other parties are affected. 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 assistance agreement. beyond five hundred meters (500m) from the mean low tide level (1) For individuals. The permittee may apply for a mineral production sharing agreement. 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. 23 Rights and Obligations of the Permittee. the permittee shall first discuss with the said parties the extent. or associations. cooperatives. ten (10) blocks. (c) Joint venture agreement . which application shall be granted if the permittee meets the necessary qualifications and the terms and conditions of any such agreement: Provided. necessity.is an agreement where a joint-venture company is organized by the Government and the contractor with both parties having equity shares.Sec. An exploration permit may be transferred or assigned to a qualified person subject to the approval of the Secretary upon the recommendation of the Director. one hundred (100) blocks. 27 Eligibility. The contractor shall provide the financing. (c) Onshore. (b) Onshore. technology. The maximum area that a qualified person may hold at any one time shall be: (a) Onshore. a panel of arbitrators shall resolve the conflict or disagreement. 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 remaining period of the original agreement subject to the approval of the Secretary. in any one province (1) For individuals. (b) Onshore. within the term of the permit. Sec.

except in mineral reservations which shall be filed with the Bureau.000 meridional blocks offshore. apply for the cancellation of the mineral agreement due to causes which. (b) A financial guarantee bond shall be posted in favor of the Government in an amount equivalent to the expenditure obligation of the applicant for any year. but not limited to. The Secretary shall consider the notice and issue its decision within a period of thirty (30) days: Provided. The contractor may. and details of technical personnel to undertake the operations. (c) Offshore. The maximum contract area that may be granted per qualified person. the technology required to promptly and effectively carry out the objectives of the agreement with the understanding to timely deploy these resources under its supervision pursuant to the periodic work programs and related budgets. in the entire Philippines (1) For individuals. Sec. cooperatives. subject to relinquishment shall be: (a) 1. associations. make continued mining operations no longer feasible or viable. The following terms. and further. 34 Maximum Contract Area. All proposed mineral agreements shall be filed in the region where the areas of interest are located. and (2) For partnerships. 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. of an amount corresponding to the expenditure obligation that will be invested in the contract area: Provided. (b) 4. 30 Assignment/Transfer. Sec. subject to the relinquishment obligations. Mineral agreements shall have a term not exceeding twenty-five (25) years to start from the date of execution thereof. Such assignment or transfer shall be deemed automatically approved if not acted upon by the Secretary within thirty (30) working days from official receipt thereof. by giving due notice at any time during the terms of the agreement.(1) For individuals. associations. or (c) Combinations of (a) and (b) provided that it shall not exceed the maximum limits for onshore and offshore areas. . and utilization of mineral resources in the Philippines may enter into a financial or technical assistance agreement directly with the Government through the Department. in the opinion of the contractor. extendible for another two (2) years but subject to annual review by the Secretary in accordance with the implementing rules and regulations of this Act. a larger area to be determined by the Secretary. to wit: (a) A firm commitment in the form of a sworn statement.000 meridional blocks onshore. 29 Filing and Approval of Mineral Agreements. such as. and (3) For the exclusive economic zone. CHAPTER VI FINANCIAL AGREEMENT OR TECHNICAL ASSISTANCE Sec. two hundred (200) blocks. That the contractor has met all its financial. or corporations. managerial and technical expertise and. Sec. Thereafter. and utilization. five hundred (500) blocks. fifty (50) blocks. 35 Terms and Conditions. without prejudice to charges mutually agreed upon by the parties. providing an exploration period up to two (2) years. Any assignment or transfer of rights and obligations under any mineral agreement except a financial or technical assistance agreement shall be subject to the prior approval of the Secretary. Sec. 31 Withdrawal from Mineral Agreements. That such amount shall be subject to changes as may be provided for in the rules and regulations of this act. details of technology to be employed in the proposed operation. That the contractor shall have the right to equal the highest bid upon reimbursement of all reasonable expenses of the highest bidder. (e) Representations and warranties that the contractor has or has access to all the financing. when proper. or corporations. 32 Terms. fiscal and legal obligations. Any qualified person with technical and financial capability to undertake large-scale exploration. The filing of a proposal for a mineral agreement shall give the proponent the prior right to areas covered by the same. unless patently unconstitutional or illegal. its track record in mineral resource exploration. twenty (20) blocks. (c) Submission of proof of technical competence. After the renewal period. if circumstances demand. and warranties shall be incorporated in the financial or technical assistance agreement. conditions. The proposed mineral agreement will be approved by the Secretary and copies thereof shall be submitted to the President. The maximum areas mentioned above that a contractor may hold under a mineral agreement shall not include mining/quarry areas under operating agreements between the contractor and a claimowner/lessee/permittee/licensee entered into under Presidential Decree No. (2) For partnerships. 463. 33 Eligibility. development. Sec. and renewable for another term not exceeding twenty-five (25) years under the same terms and conditions thereof. the operation of the mine may be undertaken by the Government or through a contractor. development. (d) Representations and warranties that the applicant has all the qualifications and none of the disqualifications for entering into the agreement. the President shall provide a list to Congress of every approved mineral agreement within thirty (30) days from its approval by the Secretary. cooperatives. Sec.

43 Quarry Permit. the contractor shall not raise any form of financing from domestic sources of funds. whether in Philippine or foreign currency. CHAPTER VIII QUARRY RESOURCES Sec. after proper notice to the Secretary as provided for under the implementing rules and regulations: Provided. and local supplier's credits and such other generally accepted and permissible financial schemes for raising funds for valid business purposes. renewable for not more than twenty-five (25) years under such terms and conditions as may be provided by law. 40 Assignment/Transfer. That existing mineral agreements. it shall be recorded with the . Sec. A financial or technical assistance agreement may be assigned or transferred. All financial or technical assistance agreement proposals shall be filed with the Bureau after payment of the required processing fees. 39 Option to Convert into a Mineral Agreement. the Secretary shall approve the conversion and execute the mineral production-sharing agreement. and other relevant data for its mining operations. Sec. it shall reduce its equity to forty percent (40%) in the corporation. That the contractor has complied or satisfied all his financial. (m) Requiring the proponent to dispose of the minerals and by products produced under a financial or technical assistance agreement at the highest price and more advantageous terms and conditions as provided for under the rules and regulations of this Act. The Secretary may accept the withdrawal: Provided. 41 Withdrawal from Financial or Technical Assistance Agreement. If the proposal is found to be sufficient and meritorious in form and substance after evaluation. in whole or in part. 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 welfare of the Filipino people. Sec. The Secretary shall recommend its approval to the President. financial or technical assistance agreements and other mining rights are not impaired or prejudiced thereby. The contractor has the option to convert the financial or technical assistance agreement to a mineral agreement at any time during the term of the agreement. or cooperative. for conducting its mining operations for and in the contract area. if the economic viability of the contract area is found to be inadequate to justify large-scale mining operations.(f) Representations and warranties that. 7076 and other pertinent laws. and that book of accounts and records shall be open for inspection by the government. The President shall notify Congress of all Financial or technical assistance agreements within thirty (30) days from execution and approval thereof. A financial or technical assistance agreement shall be negotiated by the Department and executed and approved by the President. (j) A stipulation that the contractors are obligated 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. association. The contractor shall manifest in writing to the Secretary his intention to withdraw from the agreement. to a qualified person subject to the prior approval of the President: Provided. Sec. Small-scale mining shall continue to be governed by Republic Act No. and minimum expenditures appropriate government agency to give the proponent the prior right to the area covered by such proposal: Provided. accounting. 42 Small-scale Mining. (g) The mining operations shall be conducted in accordance with the provisions of this Act and its implementing rules and regulations. Sec. Any qualified person may apply to the provincial/city mining regulatory board for a quarry permit on privately-owned lands and/or (i) Preferential use of local goods and services to the maximum extent practicable. (k) Requiring the prominent to effectively use appropriate anti-pollution technology and facilities to protect the environment and to restore or rehabilitate mined out areas and other areas affected by mine tailings and other forms of pollution or destruction. even after he has exerted reasonable diligence to remedy the cause or the situation. (n) Provide for consultation and arbitration with respect to the interpretation and implementation of the terms and conditions of the agreements. 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 date of the approval thereof. 37 Filing and Evaluation of Financial or Technical Assistance Agreement Proposals. CHAPTER VII SMALL-SCALE MINING Sec. (h) Work programs commitments. except for payments for dispositions for its equity. In the case of a foreign contractor. 38 Terms of Financial or Technical Assistance Agreement. partnership. Upon compliance with this requirement by the contractor. 36 Negotiations. (l) The contractors shall furnish the Government records of geologic. if in his judgement the mining project is no longer economically feasible. A financial or technical assistance agreement shall have a term not exceeding twentyfive (25) years to start from the execution thereof. fiscal or legal obligations. foreign investments in local enterprises which are qualified for repartriation. That the mineral agreement shall only be for the remaining period of the original agreement. Sec.

Any government entity or instrumentality may be granted a gratuitous permit by the provincial governor to extract sand and gravel. The permittee shall also pay the excise tax as provided by pertinent laws. 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 mining agreement for the exclusive use in the mining operations: Provided. 49 Government Gratuitous Permit. 50 Private Gratuitous Permit.): Provided. 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. pay a quarry fee as provided for under the implementing rules and regulations. A mineral agreement or a financial technical assistance agreement contractor shall. andesite. tuff. That monthly reports of the quantity of materials extracted therefrom shall be submitted to the mines regional office concerned: Provided. basalt. 45 Cancellation of Quarry Permit. during the term of his permit. The permit shall have a term of five (5) years. MINERALS SALE AND PROCESSING OF Sec. 44 Quarry Fee and Taxes. 47 Industrial Sand and Gravel Permit. CHAPTER IX TRANSPORT. Sec. Transport permits shall be issued by the mines regional director who has jurisdiction over the area where the ores were extracted. gabbro. marble. Sec. Sec. The absence of a permit shall be considered as prima facie evidence of illegal mining and shall be sufficient cause for the Government to confiscate the ores or minerals being transported. pumice. 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. Sec.) to be used exclusively for assay . 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. and the vehicle containing the same. clay for ceramic tiles and building bricks.) for a period coterminous with said construction. 48 Exclusive Sand and Gravel Permit. provided that there will be no commercial disposition thereof. That said right shall be coterminous with the expiry dates of the lease. Sec. A permit specifying the origin and quantity of non-processed mineral ores or minerals shall be required for their transport. granite.public lands for building and construction materials such as marble. 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 regulations. renewable for a like period but not to exceed a total term of twenty-five (25) years. No quarry permit shall be issued or granted on any area covered by a mineral agreement. 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. adobe. A permittee shall. A quarry permit shall have a term of five (5) years. Sec. 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. without undergoing processing from an area of not more than five hectares (5 has. sand and gravel and construction agreements. That before the cancellation of such permit. or financial or technical assistance agreement.) and in such quantities as may be specified in the permit. Sec. Holders of existing mining leases shall likewise have the same rights as that of a contractor: Provided. The provincial governor shall grant the permit after the applicant has complied with all the requirements as prescribed by the rules and regulations.t. conglomerate. perlite and other similar materials that are extracted by quarrying from the ground. 51 Guano Permit. the tools and equipment utilized. 46 Commercial 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 mechanical processing covering an area of more than five hectares (5 has. 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. Ore samples not exceeding two metric tons (2 m. a qualified person and the government may enter into a mineral agreement as defined herein. renewable for like periods but not to exceed a total term of twenty-five (25) years. The maximum area which a qualified person may hold at any one time shall be five hectares (5 has. further. serpentine. That said right shall be coterminous with the expiration of the agreement. 53 Ore Transport Permit.) at any one time. Sec. however. 52 Gemstone Gathering Permit. Sec. the Provincial Mining Regulatory Board (PMRB) concerned shall formulate their own policies to govern such transport of ores produced by smallscale miners. Any owner of land may be granted a private gratuitous permit by the provincial governor. granite. That in large-scale quarry operations involving cement raw materials. inset filing materials. In the case of mineral ores or minerals being transported from the smallscale mining areas to the custom mills or processing plants. the holder thereof shall be given the opportunity to be heard in an investigation conducted for the purpose.

or collective bargaining agreements. or (c) In special cases. That in no case shall each employment exceed five (5) years or the payback period as represented in original project study. SCIENCE AND MINING TECHNOLOGY Sec. 7305. The contractor. 63 Mines Safety and Environmental Protection. but not limited to. That each foreigner employed as mine manager. 7076. national or local. Appropriate supervision and control mechanisms shall be prescribed in the implementing rules and regulations of this Act. 56 Eligibility of Foreign-owned/-controlled Corporation. unless registered with the Department of Trade and Industry and accredited by the Department. Services and Technologies. 59 Training and Development. the Director may grant waivers or exemptions. to ensure that said infrastructure and facilities are continuously maintained and utilized by the host and neighboring communities. whichever is longer: Provided. and the development of science and mining technology. including the management thereof. quarrying or drilling operation shall: (a) Present evidence of his qualification and work experience. all the social infrastructure and facilities shall be turned over or donated tax-free to the proper government authorities. Sec. CHAPTER XI SAFETY AND ENVIRONMENTAL PROTECTION Sec. Sec. subject to the provision of Commonwealth Act No. vicepresident for operations or in an equivalent managerial position in charge of mining. institutional and manpower development. A foreign-owned/-controlled corporation may be granted a mineral processing permit. 55 Minerals Processing Permit. A contractor shall assist in the development of its mining community. 613. as amended. services and scientific and technical resources in the mining operations. subject to the necessary government clearances. Sec. Sec. milling. for technical and specialized work which in his judgement and with the approval of the Director. Minerals processing permit shall be for a period of five (5) years renewable for like periods but not to exceed a total term of twenty-five (25) years. CHAPTER X DEVELOPMENT OF MINING COMMUNITIES. 61 Donations/Turn Over of Facilities. and science and mining technology are the following: (a) Any activity or expenditure intended to enhance the development of the mining and neighboring communities of a mining operation other than those required or provided for under existing laws. the latter shall have a period of one (1) year therefrom within which to remove his improvements. employ qualified foreigners. All contractors and permittees 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. the promotion of the general welfare of its inhabitants. however. Sec. 64 Mine Labor. health and environmental rules and regulations shall be covered under Republic Act No. No person under sixteen (16) years of age shall be employed in any phase of mining operations and no person under eighteen (18) . 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. A contractor shall give preference to the use of local goods.or pilot test purposes shall be exempted from such requirement. may be permitted to work by the Director for a period not exceeding one (1) year: Provided. and the like: and (b) Any activity or expenditure directed towards the development of geosciences and mining technology such as. either locally or internationally. with a copy of said registration submitted to the Bureau. and basic and applied researches. Personnel of the Department involved in the implementation of mines safety. development or utilization of mineral resources: Provided. where the same are of equivalent quality. That if reciprocal privileges are extended to Filipino nationals in the country of domicile. otherwise. For highlytechnical and specialized mining operations. further. or processing plants shall continue to be governed by the provisions of Republic Act No. on public lands by the contractor. 57 Expenditure for Community Development and Science and Mining Technology. No person shall engage in the processing of minerals without first securing a minerals processing permit from the Secretary. In the case of mineral ores or minerals produced by the small-scale miners. required highly-specialized training or long experience in exploration. 54 Mineral Trading Registration. however. Sec. Sec. shall not be hindered from hiring employees of his own selection. Prior to cessation of mining operations occasioned by abandonment or withdrawal of operations. or (b) Shall pass the appropriate government licensure examination. 58 Credited Activities. and are available on equivalent terms as their imported counterparts. Activities that may be credited as expenditures for development of mining communities. 60 Use of Indigenous Goods. the contractor may. the processing thereof as well as the licensing of their custom mills. No person shall engage in the trading of mineral products. Sec. A contractor shall give preference to Filipino citizens in all types of mining employment within the country insofar as such citizens are qualified to perform the corresponding work with reasonable efficiency and without hazard to the safety of the operations. 62 Employment of Filipinos. Sec.

rules and regulations promulgated thereunder: Provided. 73 Water Rights. People's organizations and nongovernmental organizations shall be allowed and encourage to participate in ensuring that contractors/permittees shall observe all the requirements of environmental protection. 74 Right to Possess Explosives. Sec. the volume of timber needed and the manner of cutting and removal thereof shall be determined by the mines regional director. 72 Timber Rights. That a completed ecological profile of the proposed mining area shall also constitute part of the environmental impact assessment. and decisions of courts shall not thereby be impaired: Provided further. or appropriate measures are taken by the contractor or permittee. the timber concessionaire/permittee and the Forest Management Bureau of the Department: Provided. in consultation with the Environmental Management Bureau. 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. That if the land covered by the mining area is already covered by existing timber concessions. Sec. A contractor shall have water rights for mining operations upon approval of application with the appropriate government agency in accordance with existing water laws. 71 Rehabilitation. 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 appropriate . upon consultation with the contractor. rules and regulations: Provided.years of age shall be employed underground in a mine. tailings covered and disturbed areas to the condition of environmental safety. Any provision of law to the contrary notwithstanding. regeneration. Sec. Contractors and permittees shall technically and biologically rehabilitate the excavated mined-out. 67 Power to Issue Orders. revegetation and reforestation of mineralized areas. The work program shall include not only plans relative to mining operations but also to rehabilitation. slope stabilization of mined-out and tailings covered areas. 70 Environmental Impact Assessment (EIA). and one (1) registered foreman. Sec. nongovernmental and people's organizations and other concerned sectors of the community: Provided. The mines regional director shall. Except during the exploration period of a mineral agreement or financial or technical assistance agreement or an exploration permit. aquaculture. Failure to report the same without justifiable reason shall be a cause for the imposition of administrative sanctions prescribed in the rules and regulations implementing this Act. the matter shall be submitted to the Secretary whose decision shall be final. 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. A mine rehabilitation fund shall be created. That water rights already granted or vested through long use. Sec. Every contractor shall undertake an environmental protection and enhancement program covering the period of the mineral agreement or permit. 66 Mine Inspection. further. as may be provided in the implementing rules and regulations of this Act. That in case of disagreement between the contractor and the timber concessionaire. rules and regulations. The regional director shall have exclusive jurisdiction over the safety inspection of all installations. Sec. the person in charge of operations shall immediately report the same to the regional office where the operations are situated. an environmental clearance certificate shall be required based on an environmental impact assessment and procedures under the Philippine Environmental Impact Assessment System including Sections 26 and 27 of the Local Government Code of 1991 which require national government agencies to maintain ecological balance. In case of any incident or accident. 69 Environmental Protection. 68 Report of Accidents. based on the contractor's approved work program. Sec. laws. and prior consultation with the local government units. require the contractor to remedy any practice connected with mining or quarrying operations. The contractor shall perform reforestation work within his mining area in accordance with forestry laws. 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. which is not in accordance with safety and anti-pollution laws and regulations. which is not in accordance with safety and anti-pollution laws and regulations. Failure to fulfill the above obligation shall mean immediate suspension or closure of the mining activities of the contractor/permittee concerned. a contractor may be ranged a right to cut trees or timber within his mining area as may be necessary for his mining operations subject to forestry laws. Sec. 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. surface or underground. forthwith or within such time as specified in his order. In case of imminent danger to life or property. Sec. recognized and acknowledged by local customs. 65 Mine Supervision. the mines regional director may summarily suspend the mining or quarrying operations until the danger is removed. watershed development and water conservation. and shall be deposited as a trust fund in a government depository bank and used for physical and social rehabilitation of areas and communities affected by mining activities and for research on the social. and socioeconomic development. technical and preventive aspects of rehabilitation. CHAPTER XII AUXILIARY MINING RIGHTS Sec. causing or creating the danger of loss of life or serious physical injuries.

and to testify in any investigation or hearing conducted in pursuance of this Act. statement of accounts. dams and their normal flood and catchment areas. occupant. (1) to hold any person in contempt. That to guarantee such compensation. and such rules and regulations as may be necessary to carry out its functions. Sec. electric transmission. tailings ponds. tramways. occupants and claimholders/concessionaires. CHAPTER XIII SETTLEMENT OF CONFLICTS Sec. and duly designated by the Secretary as recommended by the Mines and Geosciences Bureau Director. When mining areas are so situated that for purposes of more convenient mining operations it is necessary to build. further. prior thereto. with surety or sureties satisfactory to the regional director. (b) To administer oaths. defect or irregularity. The presiding officer shall be on a yearly basis. 79 Mines Adjudication Board. staging or storage areas and port facilities. Sec. new river beds. runways. airports. . Those designated as members of the panel shall serve as such in addition to their work in the Department without receiving any additional compensation. may cause grave or irreparable damage to any of the parties to the case or seriously affect social and economic stability. telephone or telegraph lines. amend. said members shall come from the different bureaus of the Department in the region. as well as those pertaining to its internal functions. summon the parties to a controversy. involving mineral agreements or (c) Disputes involving surface owners. ditches. proceed to hear and determine the disputes in the absence of any party thereto who has been summoned or served with notice to appear. (b) Disputes permits.government agency in accordance with existing laws. sites for water wells. cuts. or concessionaires when conducting mining operations therein: Provided. There shall be a panel of arbitraters in the regional office of the Department composed of three (3) members. tunnels. rules and regulations promulgated thereunder: Provided. whether in substance or in form. direct parties to be joined in or excluded from the proceedings. the prevailing prices in and around the area where the mining operations are to be conducted. 78 Appellate Jurisdiction. 77 Panel of Arbitrators. conduct its proceedings or any part thereof in public or in private. 76 Entry into Private Lands and Concession Areas. after the submission of the case by the parties for decision. and (2) To enjoin any or all acts involving or arising from any case pending before it which. (c) To conduct hearings on all matters within its jurisdiction. the panel shall have exclusive and original jurisdiction to hear and decide on the following: (a) Disputes involving rights to mining areas. shafts. if not restrained forthwith. pipelines. The Board shall have the following powers and functions: (a) To promulgate rules and regulations governing the hearing and disposition of cases before it. or mills. adjourn its hearings at any time and place. The Mines Adjudication Board shall be composed of three (3) members. canals. issue subpoenas requiring the attendance and testimony of witnesses or the production of such books. correct. the contractor. and other documents as may be material to a just determination of the matter under investigation. Within thirty (30) working days. That the Government reserves the right to regulate and control the explosive accessories to ensure safe mining operations. directly or indirectly. waste dump sites. give all such directions at it may deem necessary or expedient in the determination of the dispute before it and dismiss the mining dispute as part thereof. The Secretary shall be the chairman with the Director of the Mines and Geosciences Bureau and the Undersecretary for Operations of the Department as member thereof. Sec. flumes. Sec. post a bond with the regional director based on the type of properties. holders of mining rights shall not be prevented from entry into private lands and concession areas by surface owners. shall be entitled to enter and occupy said mining areas or lands. where it is trivial or where further proceedings by the Board are not necessary or desirable. occupied or leased by other persons. occupants. railroads. warehouses. and (d) Disputes pending before the Bureau and the Department at the date of the effectivity of this Act. or concessionaire as a consequence of such operations shall be properly compensated as may be provided for in the implementing rules and regulations: Provided. As much as practicable. 75 Easement Rights. such infrastructure as roads. construct or install on the mining areas or lands owned. contracts. paper. mills. the person authorized to conduct mining operation shall. upon payment of just compensation. refer technical matters or accounts to an expert and to accept his report as evidence after hearing of the parties upon due notice. agreements. and impose appropriate penalties therefor. That any damage done to the property of the surface owner. records. Subject to prior notification. or waive any error. 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. two (2) of whom must be members of the Philippine Bar in good standing and one licensed mining engineer or a professional in a related field. The decision or order of the panel of arbitrators 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.

the findings of fact of the Board shall be conclusive and binding on the parties and its decision or order shall be final and executory.00) per hectare or fraction thereof per annum. agricultural crops and forest products. In case the development and mineral resources is undertaken by a owned or controlled corporation. excise tax. the excise tax on mineral products shall be the government share under said agreement. duties and fees as provided for under existing laws. and (c) For mineral reservation . the parties may be represented by legal counsel. financial or technical assistance agreement or exploration permit on public or private lands. 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. . and (c) Infrastructure and the revegetation and rehabilitation of silted farm lands and other areas devoted to agriculture and fishing caused by mining pollution. withholding tax due from the contractor's foreign stockholders arising from dividend or interest payments to the said foreign stockholders. 80 Government Share in Mineral Production Sharing Agreement. 85 Mine Wastes and Tailings Fees. That with respect to a mineral production sharing agreement. in case of a foreign national. withholding tax due from the contractor's foreign stockholders arising from dividend or interest payments to the said foreign stockholder in case of a foreign national and all such other taxes. as amended. 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. The Government shall also be entitled to compensations for its other contributions which shall be agreed upon by the parties. the contractor shall be liable to pay income tax as provided in the National Internal Revenue Code. 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. 7160 otherwise known as the Local Government Code of 1991. marine life and aquatic resources. when public interest so requires. and all such other taxes. (c) contribution of the project to the economy.Five pesos (P5. Sec. and (d) other factors that will provide for a fair and equitable sharing between the Government and the contractor. the contractor's corporate income tax. After the lapse of the income tax holiday as provided for in the Omnibus Investments Code. inclusive. CHAPTER XIV GOVERNMENT SHARE Sec.One hundred pesos (P100. Sec. 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.00) per hectare or fraction thereof per annum. the contractor's income tax. (a) For exploration permit . (b) For mineral agreements and financial or technical assistance agreements . however. as amended. all in the interest of due process. Sec. 86 Occupation Fees. among other things. 7729.In any proceeding before the Board. 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 procedure. (b) Lands. and shall consist. among other things. exploration. 81 Government Share in Other Mineral Agreements. 82 Allocation of Government Share. The Government share in financial or technical assistance agreement shall consist of. There shall be collected from any holder of a mineral agreement. The share of the Government in coproduction and joint-venture agreements shall be negotiated by the Government and the contractor taking into consideration the: (a) capital investment of the project. and development expenditures. The total government share in a mineral production sharing agreement shall be the excise tax on mineral products as provided in Republic Act No. A petition for review by certiorari and question of law may be filed by the aggrieved party with the Supreme Court within thirty (30) days from receipt of the order or decision of the Board. cultural resources. special allowance. A semiannual 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.Fifty pesos (P50. (b) risks involved. duties and fees as provided for under existing laws.00) per hectare or fraction thereof per annum. 84 Excise Tax on Mineral Products. amending Section 151(a) of the National Internal Revenue Code. Sec. The Secretary is authorized to increase the occupation fees provided herein when the public interest so requires. 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 Secretary is authorized to increase mine wastes and tailings fees. Sec. 83 Income Taxes. upon the recommendation of the Director. In any proceeding before the Board. special allowance. an annual occupation fee in accordance with the following schedule. excise tax. the allocation shall be in accordance with and 292 of the said Code. CHAPTER XV TAXES AND FEES utilization of governmentsharing and Sections 291 Sec. 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. upon recommendation of the Bureau Director.

90 Incentives. In a chartered city. This paragraph shall not apply to expenditures for the acquisition or improvement of property of a character which is subject to the allowances for depreciation. 226. (a) Repatriation of investments. Sec.Sec. a complete list of all onshore mining rights registered with his office. 93 Income Tax-Accelerated Depreciation. The contractors in mineral agreements. milling and marketing expenses. CHAPTER XVI INCENTIVES Sec. 91 Incentives for Pollution Control Devices. It shall be paid to the treasurer of the municipality or city where the onshore mining areas are located. however. 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. The entire amount of the loss shall be carried over to the first of the five (5) taxable years following the loss. depreciation or properties directly used in the mining operations. 92 Income Tax-Carry Forward of Losses. and date registered. If the fee is not paid on the date specified. Net income from mining operation is defined as gross income from operations less allowable deductions which are necessary or related to mining operations. Sec. the full amount shall accrue to the city concerned. . 87 Manner of payment of Fees. location. Allowable deductions shall include mining. at his option. further. and shall not be subject to real property and other taxes or assessments: Provided. 89 Filing Fees and Other Charges. 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. 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. area in hectares. In computing for taxable income. The Secretary is authorized to charge reasonable filing fees and other charges as he may prescribe in accordance with the implementing rules and regulations. deduct exploration and development expenditures accumulated at cost as of the date of the prospecting or exploration and development expenditures paid or incurred during the taxable year: Provided. and financial or technical assistance agreements shall be entitled to the applicable fiscal and non-fiscal incentives as provided for under Executive Order No. The right to remit earnings from the investment in the currency in which the foreign investment was originally made at the exchange rate prevailing at the time of remittance. the contractor may. Sec. 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. constructed or installed by contractors shall not be considered as improvements on the land or building where they are placed. 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. (c) Foreign loans and contracts. 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. That mining activities shall always be included in the investment priorities plan. Fixed assets may be depreciated 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. The right to remit at the exchange rate prevailing 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. 94 Investment Guarantees. That the total amount deductible for exploration and development expenditures shall not exceed twenty-five per centum (25%) of the net income from mining operations. it shall be increased by twenty-five per centum (25%). and the depreciation thereon allowed as deduction from taxable income: Provided. Sec. (b) Remittance of earnings. That the contractor notifies the Bureau of Internal Revenue at the beginning of the depreciation period which depreciation rate allowed by this section will be used. That payment of mine wastes and tailings fees is not exempted. unless otherwise provided in this Act. For this purpose. Pollution control devices acquired. or to the Director in case of offshore mining areas. indicating therein the names of the holders. The actual exploration and development expenditures minus the twenty-five per centum (25%) net income from mining shall be carried forward to the succeeding years until fully deducted. 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. 88 Allocation of Occupation Fees. Sec. otherwise known as the Omnibus Investments Code of 1987: Provided. Thirty per centum (30%) of all occupational fees collected from holders of mining rights in onshore mining areas shall accrue to the province and seventy per centum (70%) to the municipality in which the onshore mining areas are located. Sec. the appropriate officer shall submit to the treasurer of the municipality or city where the onshore mining area is located.

be penalized by a fine of not exceeding Fifty thousand pesos (P50. by the appropriate court in accordance with the provisions of the Revised Penal Code and shall. 98 Suspension or Cancellation of Tax Incentives and Credits. In the case of associations. without a valid reason. upon conviction. The right to be free from expropriation by the government of the property represented by investments or loans. shall be guilty of arson and shall be punished. and during the term of the project to which it relates. financial or technical assistance agreements and permits shall. Any person who knowingly presents any false application. Any person extracting minerals and disposing the same without a mining agreement. mine or workings. mining agreement and financial or technical assistance shall be considered as conditions and essential parts thereof and any falsehood in said statements or omission of facts therein which may . in addition. CHAPTER XIX PENAL PROVISIONS Sec. 96 Violation of the Terms and Conditions of Permits or Agreements. pay compensation for the damages which may have been caused thereby. (e) Requisition of investment. mining agreement and financial or technical assistance agreement. The right to be free from requisition of the property 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. Failure to pay the taxes and fees due the Government for two (2) consecutive years shall cause the cancellation of the exploration permit. Any confidential information supplied by the contractor pursuant to this Act and its implementing rules and regulations shall be treated as such by the department and the Government. upon conviction. or both. partnerships. In such cases. pay compensation for the damages caused thereby.00) to Twenty thousand pesos (P20. 100 From Staff Bureau to Line Bureau.000. Failure to abide by the terms and conditions of tax incentives and credits shall cause the suspension or cancellation of said incentives and credits. Sec. (f) Confidentiality. CHAPTER XVII GROUND FOR CANCELLATION. be imprisoned from six (6) months to six (6) years or pay a fine from Ten thousand pesos (P10. upon conviction. 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. The Mines and Geosciences Bureau is hereby transformed into a line bureau consistent with Section 9 of this Act: Provided. Violations of the terms and conditions of the permits or agreements shall be a sufficient ground for cancellation of the same. lease. In addition.000. or partnership. license. 102 Illegal Exploration. be imprisoned for a period not to exceed five (5) years and shall. 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. Sec. financial or technical assistance agreement and other agreements and the re-opening of the area subject thereof to new applicants. or evidence to the Government or publishes or causes to be published any prospectus or other information containing any false statement relating to mines. or steals minerals or ores or the products thereof from mines or mills or processing plants shall. or corporations. mining operations or mineral agreements. alter. upon conviction. extracted. That under the Mines and Geosciences Bureau shall be the necessary mines regional. be penalized by a fine of not exceeding Ten Thousand Pesos (P10. 104 Destruction of Mining Structures. AND TERMINATION REVOCATION.000. Sec. Sec. 105 Mines Arson. he shall be liable to pay damages and compensation for the minerals removed. change or affect substantially the facts set forth in said statements may cause the revocation and termination of the exploration permit. 97 Non-payment of taxes and Fees. Sec. 95 Late or Non-filing of Requirements. shall be sufficient ground from the suspension of any permit or agreement provided under this Act. fittings or a mine. 99 Falsehood or Omission of Facts in the Statement. corporation. Sec. district and other pertinent offices the number and specific functions of which shall be provided in the implementing rules and regulations of this Act. CHAPTER XVIII ORGANIZATIONAL ARRANGEMENT AND INSTITUTIONAL Sec. Sec. Failure of the permittee or contractor to comply with any of the requirements provided in this Act or in its implementing rules and regulations. 101 False Statements. Any person undertaking exploration work without the necessary exploration permit shall. Any person who willfully sets fire to any mineral stockpile. 103 Theft of Minerals. at the discretion of the appropriate court. Any person who willfully destroys or damages structures in or on the mining area or on the mill sites shall. Sec.000. Just compensation shall be determined and paid either at the time or immediately after cessation of the state of war or national emergency. mineral agreement.00).(d) Freedom from expropriation. All statements made in the exploration permit. in addition. and disposed of.00).00). Sec. 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. permit. the president and each of the directors thereof shall be responsible for the acts committed by such association. upon conviction. declaration.

damages or destroys any machine. or both at the discretion of the court. cyanidation. appliance. (d) "Small-scale mining contract" refers to coproduction. protect and rationalize viable small-scale mining activities in order to generate more employment opportunities and provide an equitable sharing of the nation's wealth and natural resources.000. (e) "Small-scale mining contractor" refers to an individual or a cooperative of small-scale miners. 7076: People's Small-scale Mining Act Sec. Sec. (c) "Small-scale miners" refer to Filipino citizens who. Sec. (k) "Mining plan" refers to a two-year program of activities and methodologies employed in the extraction and production of minerals or ore-bearing . chain. but in no case to exceed the maximum area allowed by law. in addition.000. apparatus. (h) "Claimowner" refers to a holder of an existing mining right. tackle.Sec. by a fine not exceeding Five thousand pesos (P5. under the terms and conditions of a contract. by a fine not exceeding Five thousand pesos (P5. in the extraction or removal of minerals or ore-bearing materials from the ground. pay compensation for the damages caused thereby. at the discretion of the court. The Secretary is authorized to charge fines for late or nonsubmission of reports in accordance with the implementing rules and regulations of this Act REPUBLIC ACT NO. silica. upon conviction.000. or both. Any person who. Definitions. polishing and other similar activities. 111 Fines. silver. Declaration of Policy.00). exploitation 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 claimowner and/or under contract with an operator. giving due regard to existing rights as herein provided. without justifiable cause. 3. 109 Illegal Obstruction to Government Officials. lease. at the discretion of the court. Sec. or any other things used in a mine. or renders useless. (i) "Processor" refers to a person issued a license to engage in the treatment of minerals or ore-bearing materials such as by gravity concentration.00). development. 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. license or permit covering a mineralized area prior to its declaration as a people's small-scale mining area.000. sizing. (f) "Active mining area" refers to areas under actual exploration. kaolin. or both. — It is hereby declared of the State to promote. leaching benefication.00) or imprisonment not exceeding one (1) year. (j) "License" refers to the privilege granted to a person to legitimately pursue his occupation as a small-scale miner or processor under this Act. Sec. (g) "Existing mining right" refers to perfected and subsisting claim.000. shall be punished. by the appropriate court. individually or in the company of other Filipino citizens. joint venture or mineral production sharing agreement between the State and a smallscale mining contractor for the small-scale utilization of a plot of mineral land. by imprisonment not exceeding a period of five (5) years and shall. chromite. agreement or lease from undertaking his mining operations shall be punished. clay and like mineral resources. by the appropriate court. Any person who illegally prevents or obstructs the Secretary. marble.00) or by imprisonment not exceeding one (1) year. 106 Willful Damage to a Mine. 108 Violation of the Terms and Conditions of the Environmental Compliance Certificate. Any person who willfully damages a mine. (b) "Small-scale mining" refers to mining activities which rely heavily on manual labor using simple implement and methods and do not use explosives or heavy mining equipment. Sec. develop. 110 Other Violations. the following terms shall be defined as follows: (a) "Mineralized areas" refer to areas with naturally occurring mineral deposits of gold. rope. unlawfully causes water to run into a mine. upon conviction. Sec. registered with the Securities and Exchange Commission or other appropriate government agency. 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. 107 Illegal Obstruction to Permittees or Contractors. 2. — For purposes of this Act. prevents or obstructs the holder of any permit. Any other violation of this Act and its implementing rules and regulations shall constitute an offense punishable with a fine not exceeding five thousand pesos (P5. voluntarily form a cooperative duly licensed by the Department of Environment and Natural Resources to engage. or obstructs any shaft or passage to a mine. cutting. upon conviction by the appropriate court.00) to Two Hundered Thousand Pesos (P200. gravel. Any person who willfully 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.

economic. Declaration of People's Small-scale Mining Areas. water reservoir or a separate parcel of land with an area of ten thousand square meters (10. the members of the cultural communities therein shall be given priority in the awarding of small-scale mining contracts. Sec. Sec. 7. Sec. — The Board is hereby authorized to declare and set aside people's small-scale mining areas in sites onshore suitable for small-scale mining. except those with substantial improvements or in bona fide and regular use as a yard. That. subject to review by the Secretary. garden. — All persons undertaking small-scale mining activities shall register as miners with the Board and may organize themselves into cooperatives in order to qualify for the awarding of a people's small-scale mining contract. Sec. hereinafter called the Department. may be declared by the Board as people's small scale mining areas: (a) Public lands not subject to any existing right. 4. That only one (1) people's small-scale mining contract may be awarded at any one time to a small-scale mining operations within one (1) year from the date of award: Provided. That priority shall be given or city where the small-scale mining area is located. m. subject to certain rights and conditions. Provided. 10. unless their status as such is withdrawn by competent authority. Award of People's Small-scale Mining Contracts.) per contractor and the depth or length of the tunnel or adit not exceeding that recommended by the (d) The extension of technical and assistance. as amended. Extent of Contract Area. Registration of Small-scale Miners. segregation and reservation of certain mineral lands as people's small-scale mining areas. — No ancestral land may be declared as a people's small-scale mining area without the prior consent of the cultural communities concerned: Provided. further. financial (e) The extension of assistance in processing and marketing. — The following lands. (g) The regulation of the small-scale mining industry with the view to encourage growth and productivity. cemetery or burial site. immediately giving priority to areas already occupied and actively mined by small-scale miners before August 1. — 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. Sec. People's Small-scale Mining Program. parks and wildlife reservations. plantation. or land situated within one hundred meters (100 m. Ancestral Lands. finally. in coordination with other concerned government agencies.000 sq. Sec. but in no case shall the area exceed twenty hectares (20 has. 9. (l) "Director" refers to the regional executive director of the Department of Environment and Natural Resources. Future People's Small-scale Mining Areas. and other social services. otherwise known as the Mineral Resources Development Decree of 1974. and environmental connected with small-scale mining activities. (c) The encouragement cooperatives. 8. designed to achieve an orderly. when suitable for small-scale mining. systematic and rational scheme for the small-scale development and utilization of mineral resources in certain mineral areas in order to address the social. That such areas are not considered as active mining areas: Provided.) or less. Applications for a contract shall be subject to a reasonable fee to be paid to the Department of Environment and Natural Resources regional office having jurisdiction over the area.materials. and (c) Private lands. 1987: Provided. That the minerals found therein are technically and commercially suitable for small-scale mining activities: Provided. Sec. — For the purpose of carrying out the declared policy provided in Section 2 hereof. technical. further. and (m) "Secretary" refers to the Secretary of the Department of Environment and Natural Resources.) from such cemetery or burial site. there is hereby established a People's Small-scale Mining Program to be implemented by the Secretary of the Department of Environment and Natural Resources. including the financial plan and other resources in support thereof. (f) The generation of ancillary livelihood activities. and (h) The efficient collection of government revenue. 6. of the formation of reserved. stockyard. vi (b) Public lands covered by existing mining rights which are not active mining areas. The People's Small-scale Mining Program shall include the following features: (a) The identification. — The Board shall determine the reasonable size and shape of the contract area following the meridional block system established under Presidential Decree No. if ancestral lands are declared as people's small-scale mining areas. plant nursery. 463. 5. That the areas are not covered by existing forest rights or reservations and have not been declared as tourist or marine . (b) The recognition of prior existing rights and productivity.

(e) Comply with pertinent rules and regulations on environmental protection and conservation. In no case shall a small-scale mining contract be subcontracted. If a private land is declared as a people's small-scale mining area. and real property taxes. the owner and the small-scale mining contractors are encouraged to enter into a voluntary and acceptable contractual agreement for the smallscale utilization of the mineral values from the private land: Provided. the claimowner shall be entitled to the following rights and privileges: (a) Exemption from the performance of annual work obligations and payment of occupation fees. landowner or lessor. — In case a site declared and set aside as a people's-scale mining area is covered by an existing mining right. assigned or otherwise transferred. (b) Abide by the Mines and Geosciences Bureau and the small-scale Mining Safety Rules and Regulations. landowner or lessor of an affected area. and (f) Other related circumstances. Terms and Conditions of the Contract. Easement Rights. 14. That the holder of a small-scale mining contract shall have the following duties and obligations: (a) Undertake mining activities only in accordance with a mining plan duly approved by the Board. 16. (a) Size of membership and capitalization of the cooperative. Rights of Claimowners. That such rights and privileges shall be available only if he is not delinquent and other performance of his annual work obligations and other requirements for the last two (2) years prior to the effectivity of this Act. 11. 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 claimowner: Provided. (e) Environmental impact and other considerations. provided such activities do not unduly interfere with the operations of the small-scale miners. subject to payment of reasonable fees to the operator. Sec. claimowner. shall determine the right of the small scale miners to existing facilities such as mining and logging roads. if the small-scale mining contractor decide to sell its mill tailings. the claimowner and the small-scale miners therein are encouraged to enter into a voluntary and acceptable contractual agreement with respect to the smallscale utilization of the mineral values from the area under claim. (d) Safety of miners. claimowner. extract and dispose of mineral ores for commercial purposes. — The private landowner or lawful possessor shall be notified of any plan or petition to declare his land as a people's small-scale mining area. further. 13. particularly those on tree-cutting mineral-processing and pollution control. Ownership of Mill Tailings. Said landowner may oppose such plan or petition in an appropriate proceeding and hearing conducted before the Board. Rights of Private Landowners. the director. port and communication facilities. Sec. and confers upon the contractor the right to mine within the contract area: Provided. private roads. — The smallscale mining contractor shall be the owner of all mill tailings produced from the contract area.director taking circumstances: into account the following (f) File under oath at the end of each month a detailed production and financial report to the Board. (b) Size of mineralized area. rental. Sec. — Upon the declaration of a people's small-scale mining area. renewable subject to verification by the Board for like periods as long as the contractor complies with the provisions set forth in this Act. Sec. He may sell the tailings or have them processed in any custom mill in the area: Provided. — A contract shall have a term of two (2) years. Rights Under a People's Small-scale Mining Contract. 15. 12. (d) Pay all taxes. in consultation with the operator. the claimowner shall have a preemptive right to purchase said mill tailings at the prevailing market price. (c) Comply with his obligations to the holder of an existing mining right. In case of disagreement. processing plants which are necessary for the effective implementation of the People's Small-scale Mining Program. Sec. That. and (g) Assume responsibility for the safety of persons working in the mines. royalties or government production share as are now or may hereafter be provided by law. That royalties paid to the owner shall in no case exceed one percent (1%) of the gross value of the minerals recovered as royalty. (c) Quantity of mineral deposits. Sec. . free access to the contract area to conduct metallurgical tests. explorations and other activities. (b) Subject to the approval of the Board. 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. — A people's small-scale mining contract entitles the small-scale mining contractor to the right to mine.

Sec. — All gold produced by smallscale miners in any mineral area shall be sold to the Central Bank. or its duly authorized representatives. Sec. production share or other taxes due the Government. (e) Settle disputes. an area that is declared a small-mining. Government Share and Allotment. 23. Custom Mills. 20. the Government shall construct such custom mills upon the recommendation of the Board based on the viability of the project. the Secretary may impose fines against the violator in an amount of not less than Twenty thousand pesos (P20. That they comply with the provisions of this Act. The Board shall issue licenses for the operation of custom mills and other processing plants subject to pollution control and safety standards. as the representative of the governor or city mayor. subject to review by the Secretary: (a) Declare and segregate existing gold-rush areas for small-scale mining. — There is hereby created a People's Smallscale 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 smallscale miners on safety. — 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 recommendation of the Board. (b) Reserve future gold and other mining areas for small-scale mining. Sale of Gold. In addition.00) and not more than One hundred thousand pesos (P100. as the case may be.000. — 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. and shall exercise the following powers and functions. The fund shall also be made available to address the needs of the small-scale miners brought about by accidents and/or fortuitous events. one (1) small scale mining representative. 24. Custom mills shall be constituted as withholding agents for the royalties. Sec. Rescission of Contracts and Administrative Fines. and the establishment of mine rescue and recovery teams including the procurement of rescue equipment necessary in cases of emergencies such as landslides. 1987 as determined by the Board shall not be dispossessed. Sec. — Small-scale miners who have been in actual operation of mineral lands on or before August 1. Nonpayment of the fine imposed shall render the small-scale mining contractor ineligible for other small-scale mining contracts. 25. shall constitute a ground for the cancellation of the contracts and the ejectment from the people's small-scale mining area of the contractor. or the like. and the representative from a . which shall buy it at prices competitive with those prevailing in the world market regardless of volume or weight. Sec. Sec. one (1) big-scale mining representative. Sec. (d) Formulate and implement rules and regulations related to small-scale mining. 19. Composition of the Provincial/City Mining Regulatory Board.00). 17.000. (c) Award contracts to small-scale miners. which shall be the implementing agency of the Department. Sec. — The Secretary. health and environmental conditions warrant that the same shall revert to the State for proper disposition. Reversion of People's Small-scale Mining Areas. Actual Occupation by Small-scale Miners. The Department shall establish assay laboratories to cross-check the integrity of custom mills and to render metallurgical and laboratory services to mines. 18. tunnel collapse. People's Small-scale Mining Protection Fund. herein called the Board. 22. ejected or removed from said areas: Provided. upon recommendation of the director. 21. — The Board shall be composed of the Department of Environment and Natural Resources representative as Chairman. shall withdraw the status of the people's small-scale mining area when it can no longer feasibly operated on a small-scale mining basis or when the safety. as well as the abandonment of the mining site by the contractor. and (f) Perform such other functions as may be necessary to achieve the goals and objectives of this Act. In mining areas where the private sector is unable to establish custom mills. Sec. conflicts or litigations over conflicting claims within a people's small-scale mining area. The Central Bank shall establish as many buying stations in gold-rush areas to fully service the requirements of the small-scale minerals thereat. Provincial/City Mining Regulatory Board. — There is hereby created under the direct supervision and control of the Secretary a provincial/city mining regulatory board. — The revenue to be derived by the Government from the operation of the mining program herein established shall be subject to the sharing provided in the Local Government Code. health and environmental protection. and the representative of the governor or city mayor.

“exploration and development and utilization of natural resources shall be under the full control and supervision of the State. On August 15. flora and fauna. Penal Sanctions. Sec. and other minerals. coal. tools and instruments. Director. or on March 30. Before the effectivity of RA 7942. Davao del Sur and North Cotabato. 1995. mineral resources in contravention of Article XII Section 2 paragraphs 2 and 4 of the Charter. Secretary Department of Environment and Natural Resources. all forces of potential energy. 60% of which is owned by Filipinos while 40% of which is owned by Indophil Resources.” Conspicuously absent in Section 2 is the provision in the 1935 and 1973 Constitutions authorizing the State to grant licenses. exploitation. V. adopted on December 20. 26. Whether or not the Philippine Mining Act is unconstitutional for allowing fully foreignowned corporations to exploit Philippine mineral resources 2. Petitioners prayed that RA 7942. Victor O. an Australian company. forests or timber. The Secretary shall within ninety (90) days from the effectivity of this Act promulgate rules and regulations to effectively implement the provisions of the same. — 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. development and utilization of minerals which upon appropriate recommendation of the (DENR) Secretary. 1995. Ramos.nongovernment organization who shall come from an environmental group.. its implementing rules. petroleum. fisheries. . The constitutional provision allowing the President to enter into FTAAs is an exception to the rule that participation in the nation’s natural resources is reserved exclusively to Filipinos. and the FTAA between the government and WMCP be declared unconstitutional on ground that they allow fully foreign owned corporations like WMCP to exploit. authorizes the DENR to accept. Sec. Whether or not the FTAA between the government and WMCP is a “service contract” that permits fully foreign owned companies to exploit Philippine mineral resources Whether the Court has a role in the exercise of the power of control over the EDU of our natural resources Cases La Bugal B’laan Tribal Association Inc. coal. and other mineral oils. as members. which was later repealed by DENR Administrative Order 96-40. Provision must be construed strictly against their enjoyment by nonFilipinos. covering close to 100. the utilization of inalienable lands of public domain through license. concessions. HELD: 1) RA 7942 or the Philippine Mining Act of 1995 is unconstitutional for permitting fully foreign owned corporations to exploit Philippine natural resources. 1995. Y such omission. 1987. ISSUES: 1. The representatives from the private sector shall be nominated by their respective organizations and appointed by the Department regional director. et al. The latter case is still pending before the Court of Appeals. the president may execute with foreign proponent. In January 2001. Article XII Section 2 of the 1987 Constitution retained the Regalian doctrine which states that “All lands of the public domain. EO 279. 000 hectares of land in South Cotabato. MMC – a publicly listed Australian mining and exploration company – sold its whole stake in WMCP to Sagittarius Mines. Horacio Ramos. Administrative Supervision over the People's Small-scale Mining Program. wildlife. explore and develop Philippine 3. development or utilization of natural resources. or leases for the exploration. Sultan Kudarat. Mines and Geosciences Bureau (MGB-DENR). petroleum. 1996. waters. DENR approved the transfer and registration of the FTAA in Sagittarius’ name but Lepanto Consolidated assailed the same. — 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 confiscation and seizure of equipment. the Environment Secretary Victor Ramos issued DENR Administrative Order 95-23. RA 7942 (The Philippine Mining Act) took effect on April 9. 27. a corporation organized under Philippine laws. minerals.” The same section also states that. Priority shall be given to such rules and regulations that will ensure the least disruption in the operations of the small-scale miners. and other natural resources are owned by the State. issued by former President Aquino on July 25. consider and evaluate proposals from foreign owned corporations or foreign investors for contracts or agreements involving either technical or financial assistance for large scale exploration. The Department shall provide the staff support to the Board. WMCP likewise contended that the annulment of the FTAA would violate a treaty between the Philippines and Australia which provides for the protection of Australian investments. the President signed a Financial and Technical Assistance Agreement (FTAA) with WMCP.

“Just as the Supreme Court. conditional or connected must fall with them. exploit. 2) The FTAA between WMCP and the Philippine government is likewise unconstitutional since the agreement itself is a service contract. When parts of a statute are so mutually dependent and connected as conditions. should not sanction usurpations by any other department of government.3 of the FTAA grants WMCP. petroleum and other mineral oils. These stipulations are abhorrent to the 1987 Constitution. foreign owned corporations are limited only to merely technical or financial assistance to the State for large scale exploration. development and utilization (EDU) of natural resources. It is the repository of all the aspirations and hopes of all the people. whether by design or inadvertence. the contract from which they spring must be struck down. permit a circumvention of the constitutionally ordained 60-40% capitalization requirement for corporations or associations engaged in the exploitation. the “exclusive right to explore. a fully foreign owned corporation. Under the concession system. then if some parts are unconstitutional. . management. By allowing foreign contractors to manage or operate all the aspects of the mining operation. all provisions that are thus dependent.” Section 1.in a proper case -. Accordingly such provision must be construed strictly against their enjoyment by non-Filipinos. The Constitution of the Philippines is the supreme law of the land. Under Article XII Section 2 of the 1987 Charter. the Court must restrain itself from intruding into policy matters and must allow the President and Congress maximum discretion in using 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 evils that it aims to suppress.concession or lease is no longer allowed under the 1987 Constitution. inducements or compensations for each other as to warrant a belief that the legislature intended them as a whole. The present Constitution now allows only “technical and financial assistance. The concession amounts to complete control by the concessionaire over the country’s natural resource. moreover. the courts may -. Consequently. technology. utilize and dispose of all minerals and byproducts that may be produced from the contract area. Although the statute employs the phrase “financial and technical agreements” in accordance with the 1987 Constitution.2 of the same agreement provides that WMCP shall provide “all financing. grant WMCP beneficial ownership over natural resources that properly belong to the State and are intended for the benefit of its citizens. The constitutional provision allowing the President to enter into FTAAs is an exception to the rule that participation in the nation’s natural resources is reserved exclusively to Filipinos. The underlying assumption in the provisions of the law is that the foreign contractor manages the mineral resources just like the foreign contractor in a service contract. considerations. development and utilization of minerals. Congress may review the action of the President once it is notified of “every contract entered into in accordance with this [constitutional] provision within thirty days from its execution. development and utilization of Philippine natural resources. as the guardian of constitutional rights.exercise their residual duty under Article VIII. And let not the Court interfere inordinately and unnecessarily.” The management or operation of mining activities by foreign contractors. the primary feature of service contracts was precisely the evil the drafters of the 1987 Constitution sought to avoid. should the President and/or Congress gravely abuse their discretion in this regard. Section 1. However.” As aptly spelled out seven decades ago by Justice George Malcolm. the concessionaire makes a direct equity investment for the purpose of exploiting a particular natural resource within a given area. has deleted the phrase “management or other forms of assistance” in the 1973 Charter. Therefore RA 7942 is invalid insofar as said act authorizes service contracts. RA 7942 has in effect conveyed beneficial ownership over the nation’s mineral resources to these contractors. and personnel necessary for the Mining Operations.” Let the development of the mining industry be the responsibility of the political branches of government. for it is given exclusive and plenary rights to exploit a particular resource at the point of extraction. “The judiciary is loath to interfere with the due exercise by coequal branches of government of their official functions.” On the other hand. Clearly then. its pertinent provisions actually treat these agreements as service contracts that grant beneficial ownership to foreign contractors contrary to the fundamental law. leaving the State with nothing but bare title thereto.” These contractual stipulations and related provisions in the FTAA taken together. so should it as strictly confine its own sphere of influence to the powers expressly or by implication conferred on it by the Organic Act.” In contrast to this express mandate of the President and Congress in the exploration. 3) The Chief Executive is the official constitutionally mandated to “enter into agreements with foreign owned corporations. The same provisions. the judiciary should not inordinately interfere in the exercise of this presidential power of control over the EDU of our natural resources. Article XII of the Constitution is silent on the role of the judiciary. The 1987 Constitution. Under the doctrine of separation of powers and due respect for co-equal and coordinate branches of government. They are precisely the vices that the fundamental law seeks to avoid.

hence. the humongous amounts of capital and financing required for large-scale mining operations. Regardless of which side eventually prevails. The drafters’ choice of words and excerpts from deliberations of the Constitutional Commission reveal that the present Charter did not limit to financial or technical assistance the participation of foreign corporations in the large-scale exploration. the Court upholds the constitutionality of the Philippine Mining Law. Monkayo Integrated Small Scale Miners Association (MISSMA) filed an MPSA application which was denied by the BMG on the grounds that the area applied for is within the area covered by MMC EP 133and that the MISSMA was not qualified to apply for an MPSA. Supreme Court rendered a Decision against Apex holding that the disputed area is a forest reserve. BMG accepted and registered SEMs Separate Opinion of Justice Panganiban The FTAA is now to be implemented by a Filipino corporation.Marcopper Mining Corporation filed mining claims for areas adjacent to the area covered by the DOL of Banad and his group. its Implementing Rules and Regulations -. vs. moreover. The drafters’ use of the phrase “agreements xxx involving xxx technical or financial assistance” – in Article XII Section 2 of the 1987 Charter does not absolutely show intent to exclude other modes of assistance. The CA case is a dispute between two Filipino corporations (Sagittarius and Lepanto) both claiming the right to purchase the foreign shares in WMCP. it should be construed to grant the President and Congress sufficient discretion and reasonable leeway to enable them to attract foreign investments and expertise. Excerpts from then deliberations of the Constitutional Commission likewise show that its members discussed “technical or financial assistance .The Constitution should be read in broad. several mining entities filed applications for Mineral Production Sharing Agreement. or the nullification of an otherwise legal and binding FTAA contract. INC. petroleum and mineral oils. parochial interests. The Concom discussions in their entirely had to do with service contracts that might be given to foreignowned corporations as exceptions to the general principle of Filipino control of the economy APEX MINING CO. A portion of thecontested area open to small scale miners. and commend their efforts to uplift their communities. The members of the Concom actually had in mind the Marcos-era service contracts that they were more familiar with (but which they duly modified and restricted so as to prevent present abuses). development. Apex Mining Corporation entered intooperating agreements with Banad and his group. It should not be used to strangulate economic growth or to serve narrow. therefore the Court can no longer declare it unconstitutional. the Court cannot justify the invalidation of an otherwise constitutional statute along with its implementing rules. Rather. 369 was issued to establish the Agusan-Davao-Surigao Forest Reserve. when they were crafting and polishing the provisions dealing with financial and/or technical assistance agreements.Camilo Banad and his group. Apex filed a motion to dismiss MMC¶s petition alleging that its mining claims are not within any established or proclaimed forest reserve. MMC alleged that the areas covered by its EP 133 and the mining claims of Apex were within an established and existing forest reservation. and as such. petroleum and mineral oils to financial or technical assistance.” If the drafters intended to strictly confine foreign corporations to financial or technical assistance only. The Court believes that it is not unconstitutional to allow a wide degree of discretion to the Chief Executive. SOUTHEAST MINDANAO GOLD MINING CORP Proclamation No. 369. BFD issued a Prospecting Permit to MMC covering an area within theforest reserve under Proclamation No. who claimed to have first discovered traces of gold in Mount Diwata. the FTAA would still be in the hands of a qualified Filipino firm. The present Constitution. MMC filed before the BMG a Petition for the Cancellation of the MiningClaims of Apex and Small Scale Mining Permits. MMC abandoned the claims and instead applied for a prospecting permit with theBureau of Forest Development.. “Rather the phrase signifies the possibility of the inclusion of other activities.as well as the subject Financial and Technical Assistance Agreement agreements” in the same breath as “service contracts” and used the terms interchangeably. However. given the nature and complexity of such agreements. filed aDeclaration of Location for six mining claims in the area. and the intricacies of international trade. and utilization of minerals. provided they bear some reasonable relationship to and compatibility with financial or technical assistance. the complicated technology needed. as well as to secure for our people and our posterity the blessings of prosperity and peace. development and utilization of minerals. life-giving strokes. the acquisition of mining rights thereto must be undertaken via registration of DOL with the BMG and not through the filing of application for permit to prospect with the BFD. The Court fully sympathize with the plight of La Bugal B’laan and other tribal groups. does not limit foreign participation in the exploration. 66 declaring areas covered by the AgusanDavao-Surigao Forest Reserve as non-forest lands and open to small-scale mining purposes.insofar as they relate to financial and technical agreements -. the proper procedure in acquiring mining rights therein is by initially applying for a permit to prospect with the BFD and not through a registration of DOL with the BMG.MMC assigned EP 133 to Southeast Mindanao Gold Mining Corporation. The permit embraced the areas claimed by Apex and the other individual mining claimants. coupled with the State’s need to maintain flexibility in its dealings. DENR issued Department Administrative Order No. they would have employed “restrictive” or “stringent” language. On the basis of this control standard. in order to preserve and enhance our country’s competitiveness in world markets. However.

61216. 2002-18 can outweigh Apex and Balites claims over the Diwalwal Gold Rush Area. and proclaimed the same as mineral reservation and as environmentally critical area. Dealing with the question on EP 133¶s validity. not only for national economic development. Section 5 of Republic Act No. the DOJ charged petitioners with violation of the Water Code of the Philippines. Thereafter. SEM. Hence. 61215 and No.production. President Gloria Macapagal-Arroyo issued Proclamation No. DENR Administrative Order No. however. which declared 729 hectares within the Diwalwal area as non-forest lands open for small-scale mining. Petitioners moved to quash the information on grounds that these were “duplicitous” as DOJ charged more than one offense for a single act and that the Informations contain allegations which constitute legal excuse or justification. Issue Whether the subsequent acts of the executive department such as the issuance of Proclamation No. when the national interest so requires.. 217was issued by the President creating the National Task Force Diwalwal which is tasked to address the situation in the Diwalwal Gold Rush Area.The PA rendered a resolution that EP 133 was valid and subsisting. Balite and MAB. engaged in mining in the province of Marinduque. under Section 99 of the Consolidated Mines Administrative Order implementing Presidential Decree No. aggrieved by the exclusion of 729 hectares from its MPSA application. Thus. Consequently. 2002-18 was issued declaring an emergency situation in the Diwalwal gold rush area and ordering the stoppage of all mining operations therein. Philippine Mining Act and RPC for Reckless Imprudence Resulting in Damage to Property.R. the State assumed a more dynamic role in the exploration. or by entering into agreement with foreign-owned corporations for largescale exploration. but also for its security and national defense. excluding the area segregated by DAO No. The Court of Appeals consolidated the remanded cases as CA-G. Compostela Valley. In aDecision.MPSA application and the Deed of Assignment over EP 133 executed in its favor by MMC. to establish mineral reservations where mining operations shall be undertaken directly by the State or through a contractor Loney vs.development and utilization of the natural resources of the country. was no longer a claimant of the Agusan-Davao-Surigao Forest Reserve having relinquished its right to SEM.128 are DISMISSED. Dissatisfied. joint venture. the State may pursuefull control and supervision of the exploration.The Court of Appeals affirmed in toto the decision of the PA and declared null and void the MAB decision. the MAB considered erroneous the dismissal by the PA of the adverse claims filed againstMMC and SEM over a mere technicality of failure to submit a sketch plan. It also declared that the BMG Director. Subsequently. or production-sharing agreements. Undaunted by the PA ruling. the Informations for violation of Anti-Pollution Law and the Water Code should be dismissed because the elements constituting the aforesaid violations are absorbed by the same elements which constitute violation of the Philippine Mining Act. The options open to the State are through direct undertaking or by entering into co. the MAB proceeded to treat SEM¶s MPSA application over the disputed area asan entirely new and distinct application. It argued that the rules of procedure are not meant to defeat substantial justice as the former are merely secondary in importance to the latter. Executive Order No. Recognizing the importance of the country’s natural resources. SP No. The validity of Ex loration Permit No. People of the Philippines Petitioners are officers of Marcopper Mining Corp. Marcopper had discharged millions of tons of tailings into the rivers. the adverse claimants appealed to the Mines Adjudication Board. Taipan. at the base of which ran a drainage leading to Boac and Makalupnit rivers. likewise appealed. were remanded to the Court of Appeals for proper disposition pursuant to Rule 43 of the 1997 Rules of Civil Procedure. Petitioners contend that they should be charged with only one offense – Reckless Imprudence Resulting in Damage to Property — because all the charges filed against them are based on a single act or incident of polluting the Boac and Makalupnit rivers thru . MMC. as the acts penalized by these laws are separate and distinct from each other. During the pendency of these Petitions. 7942 empowers the President. only the Information for violation of Philippine Mining Act should be maintained. Apex filed a Motion for Leave to Admit Petition for Intervention predicated on its right to stake its claim over the Diwalwal gold rush which was granted by the Court. 133 was reiterated and all the adverse claims against MPSAA No. Held Upon the effectivity of the 1987 Constitution. development and utilization of the country¶s naturalmineral resources. The MTC ruled that as far as the 3 laws are concerned. the instant Petitions for Review on Certiorari under Rule 45 of the Rules of Court filed by Apex.and DAO No. 463. 297. With this policy. development and utilization. the MAB opined that said issue was not crucial and was irrelevant in adjudicating the appealed case because EP 133 has long expired due to its non-renewal and that the holder of the same.This proclamation excluded an area of 8. It approved the MPSA application. 66. was authorized to issue exploration permits and to renew the same without limit. This was affirmed by the CA.100 hectares located in Monkayo. In August 1996. Marcopper had been storing tailings from its operation in a pit in Mt. The RTC reversed the said decision and ruled that there can be no absorption by one offense of the three other offenses.SEM¶s application was designated MPSA Application No. 297. 128 (MPSAA 128). After it brushed aside the issue of the validity of EP133 for being irrelevant. the Villaflor group and Balite appealed the decision to this Court. the National Pollution Control Decree. These cases.

but also because. and Article 365 of the RPC showing that in each of these laws on which petitioners were charged. However. The only limit to this rule is the Constitutional prohibition that no person shall be twice put in jeopardy of punishment for the same offense. In particular. suffice it to say that a mala in se felony (such as Reckless Imprudence Resulting in Damage to Property) cannot absorb mala prohibita crimes (such as those violating PD 1067. that they cannot be prosecuted under the Water Code. This element is not indispensable in the prosecution for violation of PD 984 (AntiPollution Law). petitioners cite the Court’s statement in Relova that the law seeks to prevent harassment of the accused by "multiple prosecutions for offenses which though different from one another are nonetheless each constituted by a common set or overlapping sets of technical elements. the offenses punished by special law are mal[a] prohibita in contrast with those punished by the Revised Penal Code which are mala in se. 365 of the Revised Penal Code is the lack of necessary or adequate precaution. the additional element to be established is the dumping of mine tailings into the Makulapnit River and the entire Boac River System without prior permit from the authorities concerned.D. what makes the latter crimes are the special laws enacting them. This element is not required under the previous laws. as the Court of Appeals held. even if it did take the necessary precautions to prevent damage to property. PD 984. or even if it has complied with the terms of its Environmental Compliance Certificate. the additional fact that must be proved is the existence of actual pollution. fall under the first sentence of Section 21. particularly that the Marcopper should ensure the containment of run-off and silt materials from reaching the Mogpog and Boac Rivers. much more from violation or neglect to abide by the terms of the Environmental Compliance Certificate. In short. Anti-Pollution Law and the Revised Penal Code because violation of the Environmental Compliance Certificate is not an essential element of these laws. and that the accused satisfactorily proved [sic] that Marcopper had done everything to ensure containment of the run-off and silt materials. Relova. Ruling Court had ruled that a single act or incident might offend against two or more entirely distinct and unrelated provisions of law thus justifying the prosecution of the accused for more than one offense.A. 365 of the Revised Penal Code. On the other hand. or further. and RA 7942). if ever. there is one essential element not required of the others. for the limited purpose of controverting petitioners’ claim that they should be charged with one offense only. negligence. is consistent with settled doctrine. for offenses arising from the same incident. In P. Relova is no authority for petitioners’ claim against multiple prosecutions based on a single act not only because the question of double jeopardy is not at issue here.D. 7942 (Philippine Mining Act). [RA] 7942 (Philippine Mining Act) and Art. they will not be liable. the filing of the multiple charges against petitioners. It does not follow." This contention is also without merit. the accused must be exonerated under this law although there was unauthorized dumping of mine tailings or lack of precaution on its part to prevent damage to property. as in Relova. Petitioners reiterate their contention in the Court of Appeals that their prosecution contravenes this Court’s ruling in People v. the SC quote with approval RTC’s comparative analysis of PD 1067. and not. or causing pollution to the Boac river system. Article III which prohibits multiple prosecution for the same offense. On petitioners’ claim that the charge for violation of Article 365 of the RPC absorbs the charges for violation of PD 1067. 1067 (Philippines Water Code). In the absence of any pollution. RA 7942. .29 Consequently. and RA 7942. In R.dumping of mine tailings" and that the charge for violation of Article 365 of the RPC "absorbs" the other charges since the element of "lack of necessary or adequate protection. Moreover. The gravamen is the pollution itself. Unquestionably. the additional fact that must be established is the willful violation and gross neglect on the part of the accused to abide by the terms and conditions of the Environmental Compliance Certificate. it is different from dumping of mine tailings without permit. petitioners. What makes the former a felony is criminal intent (dolo) or negligence (culpa). the additional element that must be established in Art. recklessness and imprudence" is common among them. The gravamen of the offense here is the absence of the proper permit to dump said mine tailings. One can be validly prosecuted for violating the Water Code even in the absence of actual pollution. although based on the same incident. recklessness and imprudence on the part of the accused to prevent damage to property. negligence. thus: In P. PD 984. however. 984 (Anti-Pollution Law). PD 984. petitioners are being prosecuted for an act or incident punished by four national statutes and not by an ordinance and a national statute. If there was no violation or neglect.

Policies. Section 2. in order to ensure the continuity of their productive condition. WHEREAS. it is necessary to reassess the multiple uses of forest lands and resources before allowing any utilization thereof to optimize the benefits that can be derived therefrom. the present laws and regulations governing forest lands are not responsive enough to support re-oriented government programs. WHEREAS. rehabilitation. WHEREAS. 705 : Revised Forestry Code of the Philippines WHEREAS. and the management.PD No. rehabilitation and development of forest lands. The State hereby adopts the following policies: (a) The multiple uses of forest lands shall be oriented to the development and progress requirements of . protection. and development of forest lands. 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. to achieve the above purpose. utilization. proper classification. it is also imperative to place emphasis not only on the utilization thereof but more so on the protection. projects and efforts on the proper classification and delimitation of the lands of the public domain.

shrub. rattan. science and order that the excess population may flow and restock surrounding areas. (j) Marine parks refers to any off-shore area inhabited by rare and unique species of marine flora and fauna. almon. tree top. beeswax. water skiing and related healthful activities. guidelines and procedure. bark. (o) Mangrove is a term applied to the type of forest occurring on tidal flat along the sea coast. the permanent forest or forest reserves. the associated water. Definitions. birds and fish and closed to hunting and fishing in . (f) Mineral lands refer to those lands of the public domain which have been classified as such by the Secretary of Natural Resources in accordance with prescribed and approved criteria. in view of the suitability of its topography and vegetation. (l) Watershed reservation is a forest land reservation established to protect or improve the conditions of the water yield thereof or reduce sedimentation. nipa. and flowering plant. (g) Forest reservations refer to forest lands which have been reserved by the President of the Philippines for any specific purpose or purposes. leaves. but not for the wood thereof. tiaong. bagtikan and mayapis of the Philippine mahogany group. white lauan. or extractives. (p) Kaingin is a portion of the forest land. It is closed from logging until it is fully rehabilitated. (b) Land classification and systematized and hastened. oil. for the raising of livestock. (i) Game refuge or bird sanctuary refers to a forest land designated for the protection of game animals. (a) Public forest is the mass of lands of the public domain which has not been the subject of the present system of classification for the determination of which lands are needed for forest purposes and which are not. and to provide enjoyment of these features in such a manner as will leave them unimpaired for future generations. honey. (m) Watershed is a land area drained by a stream or fixed body of water and its tributaries having a common outlet for surface run-off. and forest reservations. the natural and historic objects and the wild animals or plants therein. gum. whether occupied or not. extending along streams where the water is brackish. pulpwood. survey shall be (c) The establishment of wood-processing plants shall be encouraged and rationalized. resin. apitong and the yakals. (r) Dipterocarp forest is a forest dominated by trees of the dipterocarp species. historical. (k) Seashore park refers to any public shore area delimited for outdoor recreation. (s) Pine forest is a forest composed of the Benguet Pine in the Mountain Provinces or the Mindoro pine in Mindoro and Zambales provinces. (t) Industrial tree plantation is any tract of forest land purposely and extensively planted to timber crops primarily to supply the raw material requirements of existing or proposed processing plants and related industries. and (d) The protection. game. the advancement of technology. (n) Critical watershed is a drainage area of a river system supporting existing and proposed hydroelectric power and irrigation works needing immediate rehabilitation as it is being subjected to a fast denudation causing accelerated erosion and destructive floods. (d) Forest lands include the public forest. barks. (q) Forest product means timber. wood. flowers. (c) 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. which is subjected to shifting and/or permanent slash-and-burn cultivation having little or no provision to prevent soil erosion. (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 country. (e) Grazing land refers to that portion of the public domain which has been set aside. sports fishing. (b) Permanent forest or forest reserves refer to those lands of the public domain which have been the subject of the present system of classification and determined to be needed for forest purposes. tengile. firewood. or other forest growth such as grass. fish. recreational and geologic resources in forest lands. such as red lauan. and the public welfare. Section 3. (u) Tree farm refers to any tract of forest land purposely and extensively planted to trees of economic value for their fruits. development and rehabilitation of forest lands shall be emphasized so as to ensure their continuity in productive condition. scenic.

machine or combination of machine used for the processing of logs and other forest raw materials into lumber. and in the case of primitive tribes. over-mature and defective trees in such manner as to leave adequate number and volume of healthy residual trees of the desired species necessary to assure a future crop of timber. block-board. which possession may include places of abode and worship. the Bureau of Forestry. and forest cover for the protection and conservation of soil and water. (aa) Processing plant is any mechanical set-up. (jj) Rationalization is the organization of a business or industry using scientific business management principles and simplified procedures to obtain greater efficiency of operation. to rights of possession existing at the time a license is granted under this Code. the Southern Cebu Reforestation Development Project. as well as their implementing regulations. including applicable appropriations. (gg) Cutting cycle is the number of years between major harvests in the same working unit and/or region. (ll) Primitive tribe is a group of endemic tribe living primitively as a distinct portion of a people from a common ancestor. commercial forests and established plantations of forest trees and trees of economic value. and other renewable resources of the forest. wildlife. whether of wood or other forest products. Creation of. the Bureau of Forest Development. but with the corresponding obligation to develop. to the exclusion of others. without any right of occupation and possession over the same. paper board.(v) Multiple-use is the harmonized utilization of the numerous beneficial uses of the land. plywood. paper or other finished wood products. property and such personnel as may be necessary. in consideration of a specified rental. burial grounds. For the purpose of implementing the provisions of this Code. CHAPTER ORGANIZATION BUREAU I THE AND JURISDICTION OF Section 4. and the Parks and Wildlife Office. that is authorized to be cut regularly from the forest. (nn) Person includes natural as well as juridical person. the Reforestation Administration. Section 5. pulp. is delegated by law or by competent authority to execute. water. This is generally applied to the commercial timber resources and is also applicable to the water. records. grass. (z) Sustained-yield management implies continuous or periodic production of forest products in a working unit with the aid of achieving at the earliest practicable time an approximate balance between growth and harvest or use. are hereby merged into a single agency to be known as the Bureau of Forest Development. (ee) Permit is a short-term privilege or authority granted by the State to a person to utilize any limited forest resources or undertake a limited activity with any forest land without any right of occupation and possession therein. but excludes production forest inclusive of logged-over areas. (bb) Lease is a privilege granted by the State to a person to occupy and possess. (y) Healthy residual is a sound or slightly injured tree of the commercial species left after logging. and old clearings. wildlife. any forest land of the public domain in order to undertake any authorized activity therein. grazing lands. equipment. (dd) License agreement is a privilege granted by the State to a person to utilize forest resources within any forest land with the right of possession and occupation thereof to the exclusion of others. other related laws. The Bureau shall have jurisdiction and authority over all forest land. and all forest reservations including . hereinafter referred to as the Bureau. wallboard. (mm) Private right means or refers to titled rights of ownership under existing laws. soil. Jurisdiction of Bureau. implement or enforce the provisions of this Code. protect and rehabilitate the same in accordance with the terms and conditions set forth in said agreement. and merger of all forestry agencies into. (ff) Annual allowable cut is the volume of materials. except the government. (ii) Silviculture is the establishment. grass and timber of forest lands. or conduct any activity involving the utilization of any forest resources. (cc) License is a privilege granted by the State to a person to utilize forest resources as in any forest land. (hh) Ecosystem means the ecological community considered together with non-living factors and its environment as a unit. within a rotation. development reproduction and care of forest trees. (w) Selective logging means the systematic removal of the mature. by the nature of his appointment or the function of the position to which he is appointed. veneer. or establish and operate a wood-processing plant. (kk) Forest officer means any official or employee of the Bureau who. recreation value. (x) Seed tree system is partial clearcutting with seed trees left to regenerate the area.

There shall be created at least eleven regional offices. . the protection. Rules and Regulations. Manpower Development. 19. section or unit. Section 6. No person shall be appointed Director or Assistant Director of the Bureau unless he is a natural born citizen of the Philippines. parks. Section 12. All actions and decisions of the Director are subject to review. 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. the provisions of any law to the contrary notwithstanding: Provided. 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. the regulation and supervision of the operation of licensees.watershed reservations presently administered by other government agencies or instrumentalities. efficient and economic classification of lands of the public domain. to evaluate the performance of its employees. in which case the position may be filed by any other qualified applicant. upon the recommendation of the Director of Forest Development. who shall be assisted by one or more Assistant Directors. That the boundaries of such districts shall follow. or to an existing vacant position with a higher salary. The Department Head. veneer and plywood mills and other wood processing plants and conduct studies of domestic and world markets of forest products. reorganize or create such other divisions. sections of units as may be deemed necessary and to appoint the personnel there: Provided. upon recommendation of the Director. from the date of such appointment or designation until he is replaced or reverted to his original position. policies. management. The Bureau shall be headed by a Director. programs. regeneration. Section 8. natural boundaries of watersheds under the river-basin concept of management. rules. Section 11. the salary corresponding to the position temporarily held by him. marine parks. The Decision of the Department Head may not be reviewed by the courts except through a special civil action for certiorari or prohibition. shall promulgate the rules and regulations necessary to implement effectively the provisions of this Code. Performance Evaluation. It shall be responsible for the protection. established work loads. Review. hereinafter referred to as the Department Head. to be approved by the Department Head. reforestation. The Bureau shall establish and operate an in-service training center for the purpose of upgrading and training its personnel and new employees. in collaboration with other bureaus. the following divisions and sections are hereby created. to wit: The Department Head may. Section 9. the implementation of measures and programs to prevent kaingin and managed occupancy of forest and grazing lands. Section 10. lessees and permittees for the taking or use of forest products therefrom or the occupancy or use thereof. fire prevention and other factors. and the enforcement of forestry. a holder of at least a Bachelor's Degree in Forestry or its equivalent. That an employee appointed or designated as officer-in-charge of a newly created division. the effective. need for forest protection. All positions in the merged agencies are considered vacant. at least 30 years of age. Director and Assistant Director and their qualifications. For the efficient and effective implementation of the program of the Bureau. Present occupants may be appointed in accordance with a staffing pattern or plan of organization to be prepared by the Director and approved by the Department Head. Supervision and Control. unless appealed to the President in accordance with the Executive Order No. and Regional and District Offices. development. and a registered forester. The Bureau shall devise a system. and regulations. shall receive. in accordance with the extent of forest area. there shall be as many forest districts as may be necessary. In each region. game and wildlife laws. development and preservation of national parks. Any appointee who fails to report for duty in accordance with the approved plan within thirty (30) days upon receipt of notification shall be deemed to have declined the appointment. and practices relevant to such unit. regulations. The Bureau shall also set aside adequate funds to enable personnel to obtain special education and training in local or foreign colleges or institutions. and reforestation of forest lands. game refuges and wildlife. motu propio or upon appeal of any person aggrieved thereby. Section 7. The Director and Assistant Directors shall be appointed by the President. The system shall measure accomplishment in quantity and quality of performance as related to the funded program of work assigned to each organizational unit. Creation of Functional Divisions. by the Department Head whose decision shall be final and executory after the lapse of thirty (30) days from receipt by the aggrieved party of said decision. The Bureau shall regulate the establishment and operation of sawmills. series of 1966. The Bureau shall be directly under the control and supervision of the Secretary of the Department of Natural Resources. the implementation of multiple use and sustained yield management in forest lands. whenever possible.

steps shall be taken to expropriate. That said lands. to have said title cancelled or amended. national historical sites.CHAPTER CLASSIFICATION AND SURVEY II Section 13. Areas less than 250 hectares which are far from. the Bureau of Fisheries and Aquatic Resources. even if they are below eighteen per cent (18%) in slope. or are not contiguous with. 5. or eject occupants thereof. and other bodies of water. bird sanctuaries. residential. forest station sites. and grazing lands. management and disposition of grazing lands shall remain under the Bureau. to form part of the forest reserves. 7. That in case an area falling under any of the foregoing categories shall have been titled in favor of any person. guidelines and methods for the proper and accurate classification and survey of all lands of the public domain into agricultural. Section 16. That the administration. determine and prescribe the criteria. 9. or the titled area expropriated. such as national parks. Section 14. devise. guidelines and methods of classification to be prescribed by the Department Head: Provided. the Department 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. Topography. adversely and publicly for a period of not less than thirty (30) years as of the effectivity of this Code. lakes. Isolated patches of forest of at least five (5) hectares with rocky terrain. and 10. The following lands. further. nor any forest land fifty per cent (50%) in slope or over. are needed for forest purposes. cancel defective titles. forest lands where headwaters emanate. Areas reforested. In the meantime. Ridge tops and plateaus regardless of size found within. wood processing plant. 2. or approved to be established. He shall decree those classified and determined not to be needed for forest purposes as alienable and disposable lands. be classified as alienable and disposable land. resettlement. along shorelines facing oceans. to wit: 1. national historic sites: Provided. Appropriately located road-rights-or-way. reject public land application. That mangrove and other swamps not needed for shore protection and suitable for fishpond purposes shall be released to. Lands eighteen per cent (18%) in slope or over which have already been declared as alienable and disposable shall be reverted to the classification of forest lands by the Department Head. All boundaries between permanent forests and alienable and disposable lands shall be clearly marked and maintained on the ground. where the occupant is qualified for a free patent under the Public Land Act: Provided. Areas needed for forest purposes. the administrative jurisdiction and management of which shall be transferred to the Bureau of Lands: Provided. 8. Existing Pasture Leases and Permits in Forest Lands. That when public interest so requires. any certified alienable and disposable land. and into such other classes as now or may hereafter be provided by law. 3. industrial or commercial. which have already been 4. Establishment of boundaries of forest lands. timber or forest. which are not yet part of a well-established communities. and may not. or actually occupied openly. shall be kept in a vegetative condition sufficient to prevent erosion and adverse effects on the lowlands and streams: Provided. as grazing land. unless they are already covered by existing titles or approved public land application. with infrastructure or roads. Strips of mangrove or swamplands at least twenty (20) meters wide. continuously. Section 17. 6. or surrounded wholly or partly by. or which protect a spring for communal use. System of Land Classification. Forest lands which have been the subject of pasture leases and permits shall remain classified as forest lands until classified as grazing lands under the criteria. game refuge. and be placed under the administrative jurisdiction and management of. The Department Head shall study. if public interest so requires. 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. No land of the public domain eighteen per cent (18%) in slope or over shall be classified as alienable and disposable. and strips of land at least twenty (20) meters wide facing lakes. national shrines. Those still to be classified under the Present system shall continue to remain as part of the public forest. steps shall be taken. rules and regulations. and others of public interest. therefore. Areas within forest concessions which are timbered or have good residual stocking to support an existing. Areas needed for other purposes. Section 15. or concrete monuments at intervals of not more than five hundred (500) meters . mineral. national parks. Areas previously proclaimed by the President as forest reserves. game refuges and wildlife sanctuaries.

Section 18. No harvest of timber in any forest land shall be allowed unless it has been the subject of at least a five per cent (5%) timber inventory. (c) For other types of forest. or any other visible and practicable signs to insure protection of the forest. a system based on observation and practices abroad may be adopted initially. Section 21. seed trees and reproduction found therein. When public interest so requires. license. Section 20. Sustained yield. or the conduct of any activity therein. shall be allowed. No person may utilize. and the capacity of healthy residuals for a second growth. lease or permit. or permit. or any statistically sound timber estimate.in accordance with established procedures and standards. volume and kind of healthy residual trees which may be left undisturbed and undamaged for future harvest and forest cover indipterocarp area. land. Cutting cycle. ecological and recreational values including the marine life found therein. license. and seed trees and reproduction in pine area. the yield capacity of harvestable timber. exploit. Required inventory prior to timber utilization in forest lands. shall be established as marine parks. The Bureau shall apply scientific cutting cycle and rotation in all forest lands. License agreement. Duration of license agreement or license to harvest timber in forest lands. the proper silvicultural and harvesting systems that will promote optimum sustained yield shall be practised. the silvicultural and harvesting system that will be found suitable by research shall be applied. TIMBER Section 22. The numerous beneficial uses of the timber. Section 19. 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. soil. A. whether covered by any license agreement. The Bureau shall conduct a program of progressive inventories of the harvestable timber and young trees in all forest lands. water. scientific. Timber inventory. without impairment or with the least injury to its other resources. recreation value and grass of forest lands shall be evaluated and weighted before allowing the utilization. lease. exploitation. or establish and operate any wood-processing plant. Section 23. In any logging operations in production forests within forest lands. Only the utilization. or for any other purpose. Silvicultural and harvesting systems. license. The privilege shall automatically terminate. the established cutting cycle thereof. or any activity therein. exploitation. Reservations in forest lands and offshore areas. The President of the Philippines may establish within any lands of the public domain. occupy. occupation or possession of any forest land. until a one hundred per cent (100%) timber inventory thereon has been achieved. Section 25. Section 26. giving particular consideration to the age. CHAPTER UTILIZATION AND MANAGEMENT III (a) For dipterocarp forest. lease or permit. for preservation as critical watersheds. made not earlier than five (5) years prior to the issuance of a license agreement or license allowing such utilization. unless he has been authorized to do so under a license agreement. The annual allowable cut of any particular forest land shall be determined on the basis of the established rotation and cutting cycle thereof. wildlife. Multiple use. Section 27. 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. Section 24. occupation or possession thereof. and the volume and kind of harvestable timber and healthy residuals. All measures shall be taken to achieve an approximate balance between growth and harvest or use of forest products in forest lands. selective logging shall be practised. (b) For pine forest. any off-shore area needed for the preservation and protection of its educational. That critical watersheds and national parks shall not be subject to logging operations. possess or conduct any activity within any forest land. Meanwhile. historical. involving one or more or its resources. All forest reservations may be open to uses not inconsistent with the principal objectives of the reservation: Provided. which will produce the optimum benefits to the development and progress of the country and the public welfare. or not. the moment the harvestable timber have been utilized without leaving any logged-over area capable of commercial utilization. . the seed tree system with planting when necessary shall be practised. forest reserve and forest reservation for the national park system. and modify boundaries of existing ones. Any practised system are subject to modification or changes based on research findings. Annual allowable cut. even before the expiration of the license agreement of license.

the past performance of the applicant and his capacity not only to utilize but. Incentives to the wood industry. (g) Portions of areas covered by pasture leases or permits having a slope of at least fifty per cent (50%). The President of the Philippines. easements. A licensee who has no processing plant may. Unless otherwise decreed by the President. The following shall be reforested and covered with suitable and sufficient trees. Forest lands to be reforested. Section 28. B. Section 32. . suspend. The Department Head may cancel. reforestation and management thereof under the multiple use and sustained yield concepts. enter into a contract with a wood processor for the processing of his logs. to prevent the introduction of pests. subject to the approval of the Director. deltas. (d) Open tracts of forest lands with slopes or gradients generally exceeding fifty per cent (50%). The Department Head. That logs imported for such centers shall be subject to such precaution as may be imposed by the Bureau. renewable for a period. Wood processors shall accept for processing only logs cut by. the wood residues thereof. WOOD-PROCESSING Section 29. shall evolve incentives for the establishment of an integrated wood industry in designated wood industry centers and/or economic area. swamps. upon the recommendations of the National Economic Development Authority and the Department Head. Section 30. (c) Brushlands or tracts of forest lands generally covered with brush. Log production and processing. While establishment of wood-processing plants shall be encouraged. former river beds. 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. Forest lands shall not be held in perpetuity. be processed locally. bird sanctuaries. and those with processing plants. C. Forest concessions which had been the subject of consolidations shall be reviewed and re-evaluated for the effective implementation of protection. Section 31. national parks. (e) Denuded or inadequately-timbered areas proclaimed by the President as forest reserves and reservations as critical watersheds. It shall be a condition for the continued privilege to harvest timber under any license or license agreement that the licensee shall reforest all the areas which shall be determined by the Bureau. or purchased from. considering the cutting cycle. upon recommendation of the National Economic Development Authority. necessary to utilize all the remaining commercial quantity or harvestable timber either from the unlogged or logged-over area. the entire production of logs by all licensees shall. Timber licensees shall be encouraged and assisted to gather and save the wood wastes and weed trees in their concessions. in collaboration with other government agencies and the wood industry associations and other private entities in the country. and beaches. national historic sites. road rights-of-ways. Rationalization of the wood industry.The maximum period of any privilege to harvest timber is twenty-five (25) years. but with soil so highly erodible as to make grass cover inadequate for soil erosion control. and for the processing locally of the timber resources therefrom. interspersed with patches of forest each of which is less than two hundred fifty (250) hectares in area. more importantly. (f) Inadequately-stocked forest lands within forest concessions. and the requirements of processing plants existing or to be installed in the region. to wit: (a) Bare or grass-covered tracts of forest lands with at least fifty per cent (50%) slope. 1976. their locations and operations shall be regulated in order to rationalize the industry. No new processing plant shall be established unless adequate raw material is available on a sustained-yield basis in the area where the raw materials will come from. game refuge. licensees of good standing at the time of the cutting of logs. and (h) River banks. in collaboration with proper government agencies. insects and/or diseases detrimental to the forests. may establish wood industry import-export centers in selected locations: Provided. which need to be developed to increase their productivity. Size of forest concessions. not exceeding twenty-five (25) years. (b) Bare or grass-covered tracts of forest lands with less than fifty per cent (50%) slope. to protect and manage the whole area. REFORESTATION Section 33. Wood wastes. weed trees and residues. or phase-out all uneconomical wood-processing plants which are not responsive to the rationalization program of the government. beginning January 1. national shrines. for utilization and conversion into wood by-products and derivatives.

for the establishment of an industrial tree plantation or a tree farm may be granted by the Department Head upon recommendation of the Director to any person qualified to develop and exploit natural resources. with a minimum area of One Thousand (1. the priority to establish industrial forest plantation or tree farm shall be given to the holder thereof. Industrial Tree Plantations and Tree Farms. bartered or exchanged by the lessee whether in their original state or not. Section 35. Over any suitable area covered by a timber license agreement. That it shall be a condition of the lease that such persons organize themselves into a cooperative to ensure the orderly management thereof. Provided. Reforestation projects of the Government. Section 36. (e) Exemption from the payment of the percentage tax levied in Title V of the National Internal Revenue Code when the timber and forest products are sold. or can be better developed as. a tax equivalent to double the amount of the total income tax rebate resulting from the investment allowance shall be payable as a lump sum in addition to the income tax due from the taxpayer for the year the investment was withdrawn. over timber or forest lands of the public domain categorized in Section 33 hereof. for the first five (5) years following the renewal of the lease. upon field evaluation. renewable for another period not exceeding twentyfive (25) years. shall not be altered or modified. or a pasture lease agreement or permit.50) per hectare. further. are found to be more suitable for. That lessees of areas long denuded as certified by the Director and approved by the Department Head. at the option of said lessee. (d) Sale at cost of seedlings and free technical advice and assistance to persons who will develop their privately-owned lands into industrial tree plantation or tree farm. be availed of within a reasonable period to be determined by the Department Head.00) per hectare. (g) Except when public interest demands the alteration or modification. Scattered areas of less than One Hundred (100) hectares each may be leased for the establishment of tree farms to different qualified persons upon a showing that if developed as an integrated unit these areas can be economically exploited: Provided. however. The priority herein granted must. The lease may be granted under such terms and conditions as the Department Head may prescribe. once established on the ground. classify industrial tree plantations and tree farms as pioneer areas of investment under its annual priority plan. be regarded as ordinary and necessary business expenses or as capital expenditures. To encourage qualified persons to engage in industrial tree plantation and/or tree farming. the raw material needs of forest-based industries and the maintenance of a wholesome ecological balance. may be the subject of the lease under this section. That should the investment be withdrawn within such period. the annual rental shall be fifty centavos (P0. and thereafter.Section 34.000) hectares for industrial tree plantation and One Hundred (100) hectares for tree farm. or avail of the following benefits: 1. the annual rental shall be one peso (P1. the annual rental shall be fifty centavos (P0. and thereafter. to be governed by the rules and regulations of said Board. (c) The lessee shall pay forest charges on the timber and other forest products grown and cut or gathered in an industrial tree plantation or tree farm equivalent to six percent (6%) current market value thereof. further. the following incentives are granted: (a) Payment of a nominal filing fee of fifty centavos (P0. That the size of the area that may be granted under each category shall in each case depend upon the capacity of the lessee to develop or convert the area into productive condition within the term of the lease. (b) No rental shall be collected during the first five (5) years from the date of the lease. A lease for a period of twenty-five (25) years. Incentives. of an annual investment allowance equivalent to thirty-three and one-third per cent (331/3%) of his actual investment during the year in an enterprise engaged in industrial tree plantation or tree farm: Provided.50) per hectare. Deduction from an investor's taxable income for the year. (f) The Board of Investments shall. Priority. A lessee of an industrial tree plantation or tree farm may either apply to the Board of Investments for the tax and other benefits thereunder. Provided. otherwise. and .50) per hectare. That no lease shall be granted within critical watersheds. shall be exempted from the payment of rental for the full term of the lease which shall not exceed twenty-five (25) years. taking into account. may. the boundaries of an area covered by an industrial tree plantation or tree farm lease. the area shall be declared open to any qualified person and consequently segregated from the holder's area. industrial tree plantations or tree farms in terms of benefits to the Government and the general surrounding area. and 2. from the sixth year to the tenth year.00) per hectare: Provided. Amounts expended by a lessee in the development and operation of an industrial tree plantation or tree farm prior to the time when the production state is reached. the annual rental shall be one peso (P1. That such investment shall not be withdrawn for a period of at least ten (10) years from the date of investment: Provided. among others. notwithstanding its nationality requirement on projects involving natural resources. or portions thereof which.

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 appropriate government exercising jurisdiction over the same. The extent of participation shall be based on the amount of timber which may be harvested therefrom. investigate.(h) A lessee shall not be subject to any obligation prescribed in. and all lands containing standing or felled timber. Section 44. theft. Section 42. those where there are no roads or where roads are inadequate. No harvest of standing or felled timber in alienable and disposable lands. private lands. shall be maintained and shall not be alienated. civil reservation. Regulation of timber utilization in all other classes of lands and of wood-processing plants. Participation in the development of alienable and disposable lands and civil reservations. private lands. lease or permit. and the establishment and operation of saw-mills and other wood-processing plants. possession. Visitorial power. Section 43. license. All mangrove swamps set aside for coast-protection purposes shall not be subject to clear-cutting operation. fire. but not limited to. including those under the jurisdiction of other government agencies. adopt protection and conservation measures consistent with those adopted by the license agreement holder in the said areas. and the additional right of occupation. Timber inventory in other lands containing standing or felled timber. the utilization of timber therein shall not be allowed except through license agreements under which the holders thereof shall have the exclusive privilege to cut all the allowable harvestable timber in their respective concessions. impairment and depletion. Section 40. Section 38. The Department Head may provide other incentives in addition to those hereinabove granted to promote industrial tree plantation and tree farms in special areas such as. inspect and examine records. and all lands containing standing or felled timber must be subscribed and sworn to by all the forest officers who conducted the same. unlawful occupation. Section 39. but with the corresponding obligation to adopt all the protection and conservation measures to ensure the continuity of the productive condition of said areas. or arising out of. private lands. the shoreline roads. Protection of all resources. to the exclusive of all others. hardwood or mangrove species therein. including those under the jurisdiction of other government agencies. and shall not therefore be allowed except through a license agreement. or areas with rough topography and remote areas far from processing plants. Mangrove and other swamps released to the Bureau of Fisheries and Aquatic Resources for fishpond purposes which are not utilized. Such strips must be kept from artificial obstruction so that flood water will flow unimpeded to the sea to avoid flooding or inundation of cultivated areas in the upstream. civil reservations. likewise. and even coastal communities from the destructive force of the sea during high winds and typhoons. and control over the same. Sworn timber inventory reports. and all other lands. but he shall. FOREST PROTECTION Section 37. civil reservations. All amounts collected under this section shall accrue to a special deposit of the Bureau to be used for reforestation of critical watersheds or degraded areas and other development activities. or which have been abandoned for five (5) years from the date of such release shall revert to the category of forest land. Section 41. All reports on timber inventories of forest lands. All measures shall be taken to protect the forest resources from destruction. Control of concession area. D. books and other documents relating to the operation of any . by himself or thru the Director or any qualified person duly designated by the Department Head. the provisions of the National Internal Revenue Code on withholding of tax at source upon interests paid on borrowings incurred for development and operation of the industrial tree plantation or tree farm. shall be allowed unless a one hundred per cent (100%) timber inventory has been conducted thereon. and other forms of forest destruction. The utilization of timber in alienable and disposable lands. kaingin. conformably with multiple use and sustained yield management. The Department Head may. shall be regulated in order to prevent them from being used as shelters for excessive and unauthorized harvests in forest lands. If the holder of a license agreement over a forest area expressly or impliedly waives the privilege to utilize any softwood. Strips of mangrove forest bordering numerous islands which protect the shoreline. over and above the general appropriation of the said Bureau. insect infestation. Swamplands and mangrove forests. The Bureau shall conduct a one hundred per cent (100%) timber inventory in alienable and disposable lands and civil reservations immediately upon classification or reservation thereof. except the government. alienable and disposable lands. In order to achieve the effective protection of the forest lands and the resources thereof from illegal entry. 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.

Location.holder of a license agreement. or other government officials or employees duly authorized by the Department Head or Director. the requirement to save as many healthy residuals as possible during cutting and hauling operations. the Bureau shall prescribe the terms and conditions of joint use including the equitable sharing of construction and/or maintenance costs. Forest officers are authorized to administer oath and take acknowledgment in official matters connected with the functions of their office. Roads and other infrastructure in forest lands shall be constructed with the least impairment to the resource values thereof. prospecting. rules and regulations. licenses. and its subsidiary or affiliated companies. rules and regulations. Where roads are utilized by more than one commercial forest user. policies. lease. bridges. Section 48. licenses. Scaling stations. prospecting. Mineral reservations where mining operations have been terminated due to the exhaustion of its minerals shall revert to the category of forest land. and of the use of these roads by other parties and the collection of such fees as may be deemed necessary. No location. if it will not be detrimental to forest conservation measures. development and utilization of other surface resources. this Code and pertinent laws. shall have free entry into areas covered by a license agreement. utilization or exploitation of mineral resources in forest reservations shall be governed by Mining laws. standards. determine and define which lands may be the subject of occupancy . Roads and other infrastructure. 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. There shall indiscriminate construction of logging roads. utilization. be Such roads shall be strategically located and their widths regulated so as to minimize clear-cutting. license. wharves. Management of occupancy in forest lands. exploration. Mining operations. Their construction must not only serve the transportation need of the logger but. Section 49. and other infrastructure and installations inside forest lands. vegetation. without the approval of the government agencies having administrative jurisdiction over the same. Section 47. and erosion. programs. unless otherwise reserved for other purposes. and specifications. They shall likewise extend assistance in the planning and establishment of roads. In order to coincide and conform to government plans. forest officers. holders of license agreements. Mine tailings and other pollutants affecting the health and safety of the people. or exploitation of mineral resources inside forest concessions shall be allowed unless proper notice has been served upon the licensees thereof and the prior approval of the Director. Mineral Reservations. In collaboration with appropriate government agencies. water. communications. Section 51. exploration. Logging roads. Section 45. 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. especially if it will involve the utilization or destruction of timber and/or other forest resources. Mineral reservations which are not the subject of mining operations or where operations have been suspended for more than five (5) years shall be placed under forest management by the Bureau. Authority of forest officers. unnecessary damage or injury to healthy residuals. All roads and infrastructure constructed by holders of license agreements. and to take testimony in official investigations conducted under the authority of this Code and the implementing rules and regulations. Prior thereto the Bureau may authorize the public use thereof. fish. piers. Section 50. most importantly. Mining operations in forest lands shall be regulated and conducted with due regard to protection. or watershed disturbance therein. Section 46. in order to adopt measures to avoid or reduce damage or injury to the forest resource values. license. shall coordinate with the Bureau. lease or permit. to determine compliance with the terms and conditions thereof. port facilities. Government agencies undertaking the construction of roads. When in the performance of their official duties. and other infrastructure in locations designated as wood-processing centers or for the convenience of wood-based industries. civil reservations and other government lands. 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. or in alienable and disposable lands. or permit. leases and permits shall not undertake road or infrastructure construction or installation in forest lands without the prior approval of the Director. shall be filtered in silt traps or other filtration devices and only clean exhausts and liquids shall be released therefrom. animal life and other surface resources. The Bureau shall study. secured. Forest occupancy shall henceforth be managed.

Census of kaingineros. Wildlife may be destroyed. erosion. increased Filipino equity and participation beyond the 60% constitutional limitation shall be encouraged. the activities which will be imposed upon them by the Bureau in accordance with a management plan calculated to conserve and protect forest resources. Pasture in forest lands. bathing establishments. without the necessity of permit. eaten or otherwise disposed of. the applicant with more Filipino equity and participation shall be preferred. cultural minorities and other occupants who entered into forest lands before the effectivity of this Code. E. squatters. or held under permit. Financial and technical capability. Forest lands may be leased for a period not exceeding twenty-five (25) years. license. camps. Criminal Prosecution. Diffusion of benefits. cultural minorities and other occupants and residents in forest lands. Section 52. lumber yards. If grass cover is insufficient. Section 53. Forest lands which are being utilized for pasture shall be maintained with sufficient grass cover to protect soil. timber depots. The construction and operation of necessary facilities to accommodate outdoor recreation 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. salt works. In the evaluation of applications of corporations. Recreation. or possess forest lands. SPECIAL USES Section 54. identify and provide for the protection of scenic areas in all forest lands which are potentially valuable for recreation and tourism. Section 60. shall be conducted. renewable upon the expiration thereof for a similar period. conservation and development measures to insure the perpetuation of said forest in productive condition. without permits or authority. shall be diffused to as many qualified and deserving applicants as possible. However. That they undertake. and the convenience of the people. squatters. squatters. or impairment of forest resources. A complete census of kaingineros. No license agreement. occupation shall be conditioned upon the planting of desirable trees thereon and/or adoption of other conservation measures. lease or permit over forest lands shall be issued to an applicant unless he proves satisfactorily that he has the financial resources and technical capability not only to minimize utilization. or to conduct any activity therein. All other factors being equal. Any occupancy in forest land which will result in sedimentation. logging camps. development program. an agro-forestry Occupants shall undertake measures to prevent and protect forest resources. shall not be prosecuted: Provided. In areas above 50% in slope. Citizenship. No forest land 50% in slope or over may be utilized for pasture purposes. rightsof-way. Other special uses of forest lands. Kaingineros. and plan for the development and protection of such areas to attract visitors thereto and meet increasing demands therefor. in addition to whatever funds may be appropriated for such purposes. Section 59. no person shall enter into forest lands and cultivate the same without lease or permit. within two (2) months from the notice thereof. The privilege to utilize. in the preparation of multiple-use management plans. the Director may regulate the killing and destruction of wildlife in forest lands in order to maintain an ecological balance of flora and fauna. reduction in water yield and impairment of other resources to the detriment of community and public interest shall not be allowed. The Bureau may call upon other agencies of the government and holders of license agreement. The size of forest lands that may be allowed for pasture and other special uses shall be determined by rules and regulations. lease and permits over forest lands to participate in the census. or for the construction of sanatoria. safety and property. Wildlife. cultural minorities and other occupants and residents in forest lands with or without authority or permits from the government. the same shall be supplemented with trees or such vegetative cover as may be deemed necessary. license. F.and prescribed therein. or other beneficial purposes which do not in any way impair the forest resources therein. killed. any provision of law to the contrary notwithstanding. for the protection of life. . for the establishment of sawmills. Section 56. consumed. Section 57. QUALIFICATIONS Section 58. Henceforth. or to establish and operate wood-processing plants. occupy. but also to practice forest protection. water and other forest resources. The Bureau shall. exploit. showing the extent of their respective occupation and resulting damage. health. Section 55. That they do not increase their clearings: Provided. further.

No corporation shall be issued any license agreement. license. The Department Head. 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. REGULATORY FEES Section 64. The Department Head. Authority of Department Head to impose other fees. unless it submits such a plan and the same is approved for implementation within the sixth year of its operation. In addition to the fees and charges imposed under existing laws. Charges. license. or activity inside forest lands. license. and the capability of the deserving employees and laborers. That timber taken and removed from private lands for commercial purposes shall be exempt from the payment of forest charges. lease or permit. development. exploitation. Section 66. That all fees and charges presently being collected under existing laws and regulations shall continue to be imposed and collected until otherwise provided. the Department Head is hereby authorized. and for other services. and development. exploitation or utilization of the forest resources. lease or permit. license. leases and permits. 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. in consideration of a fee. Section 62. G. may in the national interest.Section 61. shall fix the amount of charges. Section 63. upon recommendation of the Director and in consultation with representatives of the industries affected. formulate and submit to the Department Head for approval a plan for the sale of at least twenty percent (20%) of its subscribed capital stock in favor of its employees and laborers. The plan shall be so implemented that the sale of the shares of stock shall be effected by the corporation not later than the sixth year of its operation. management. Tree measurement shall be the basis for assessing . there is no evidence that such transfer or conveyance is being made for purposes of speculation. lease or permit only if he has not violated any forestry law. Section 65. further. or establish and operate a wood-processing plant. exploit. upon recommendation of the Director. with any foreign person or entity for the exploration. allow forest products licensees. or any of his rights or interests therein. licenses. occupation. possession. or permittees to enter into service contracts for financial. lessee. lessee. has been faithfully complying with the terms and conditions of the license agreement. establishment of priorities in the purchase of the shares of stock. management. covered by their license agreements. factors affecting the selling price. rules and regulations. to impose other fees for forest protection. license. The collection of the charges and fees above-mentioned shall be the responsibility of the Director or his authorized representative. the transferee has all the qualifications and none of the disqualifications to hold a license agreement. the filing and processing of applications therefor. In the case of the special deposit revolving fund. 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. bonds and fees for the different kinds of utilization. sell or convey his license agreement. license. license. The Department Head shall promulgate the necessary rules and regulations to carry out the provisions of this section. leases or permits. lease or permit after the effectivity of this Code. Equity sharing. the issuance and renewal of license agreements. such as the submission of all data and information relative to their operation. and asset evaluation. Service contracts. personnel management. shall within one (1) year after the effectivity of this Code. and the transferee shall assume all the obligations of the transferor. particularly on the determination of the manner of payment. or permittee may transfer. fees and bonds. or permittee shall be allowed to transfer or convey his license agreement. Section 67. Provided. as a special deposit of the Bureau. The licensee. rental. reforestation. Provided. Provided. or other forms of assistance. exchange. Basis of Assessment. 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 succeeding month. Existing valid and binding service contracts for financial. Transfers. The transferor shall forever be barred from acquiring another license agreement. no licensee. lease or permit to utilize. lessees. or conduct any activity therein. Collection and Disbursement. management or other forms of assistance are hereby recognized as such. The industries concerned shall extend all assistance in the promulgation of policies on the matter. Unless authorized by the Department Head. if the corporation has been in operation for more than 5 years prior to such effectivity. or the first year of the effectivity of this Code. lease or permit. technical. licenses. the proceeds of which shall accrue into a special deposit of the Bureau as its revolving fund for the aforementioned purposes. Every corporation holding a license agreement. occupy or possess any forest land. or any of his assets used in connection therewith. rule or regulation. lease or permit. technical.

Imprisonment for not less than six (6) months nor more than two (2) years and a fine equal to ten (10) times the regular rentals due. That if the area requires rehabilitation or restoration as determined by the Director. and the forfeiture of his improvements in the area. without prejudice to whatever civil action the latter may bring against the offender. damage or remove timber or any species of vegetation or forest cover and other natural resources found therein. lease. the present scaling method provided for in the National Internal Revenue Code shall be used. domestic animals and equipment of any kind used in the commission of the offense. That in the case of partnership. lease. association or corporation. Section 69. graze or cause to graze livestock in forest lands. That the Court shall order eviction of the offender from Section 68. alienable or disposable lands. the officers who ordered the cutting. license or permit. If not suitable for use by the Bureau. Any person who shall. destroy. gather. Any person who shall cut. collected or removed. without prejudice to the payment of the full cost of restoration of the occupied area as determined by the Bureau. and the machinery. without any authority under a license agreement. or remove timber or other forest products from any forest land. collect. without proper permit shall hunt. or causes any damage to the timber stand and other products and forest growths found therein. Illegal occupation of national parks system and recreation areas and vandalism therein.government charges and other fees on timber cut and removed from forest lands. be deemed automatically dismissed from office and permanently disqualified from holding any elective or appointive position. cut. Provided. gathering or collecting shall be liable. Provided. license or permit. gathering and/or collecting timber or other products without license. 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. That in case the offender is a corporation. and if such officers are aliens. Provided. Provided. said vehicles shall be sold at public auction. shall be imposed upon any person. Provided. or permittee who cuts timber from the licensed or leased area of another. grazing lands and alienable and disposable lands which have not as yet been disposed of in accordance with the Public Land Act. or who assists. gathered. shall be guilty of qualified theft as defined and punished under Articles 309 and 310 of the Revised Penal Code. 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 vehicles. Further. or sets a fire. partnership or association. the penalty shall be imprisoned for not less than two (2) nor more than (4) years and a fine equal to eight (8) times the regular forest charges due on the forest products destroyed. he shall. That until such time as the mechanics of tree measurement shall have been developed and promulgated in rules and regulations. In case the offender is a government official or employee. The Director may. Finally.00) pesos or more than five hundred (P500. or shall mutilate. deface or destroy objects of natural beauty or of scenic value within areas in the national parks system. That any person who. who shall. That such charges shall not be lower than those now imposed. aids or abets any other person to do so. Provided.00) pesos exclusive of the value of the thing damaged. be deported without further proceedings on the part of the Commission on Immigration and Deportation. Cutting. capture or kill any kind of bird. or in any manner destroys such forest land or part thereof. fish or wild animal life within any area in the national parks system shall be subject to the same penalty. with the approval of the Department Head. in any manner. the proceeds of which shall accrue to the Development Fund of the Bureau. lease. That in the case of an offender found guilty of making kaingin. license or permit: Provided. they shall. Section 71. be fined in an amount of not less than five hundred pesos (P500. or makes kaingin for his own private use or for others any forest land without authority under a license agreement. without authority under a lease or permit. Provided. The Court shall further order the confiscation in favor of the government of the timber or forest products to cut. Unlawful occupation or destruction of forest lands. lease. in addition to the above penalties. shall be fined not less than two hundred (P200. license or permit and perpetual disqualification from acquiring any such privilege shall be imposed upon any licensee. without permit. and be liable to the payment of ten (10) times the rental fees and other charges which would have been accrued had the occupation and use of the land been authorized under a license agreement. the officers and directors thereof shall be liable. lessee. or from private lands. implements and tools used therein. Pasturing Livestock. equipment.00) and imprisoned for not less than six (6) months nor more than two (2) years for each such offense. or timber from alienable and disposable public lands. or negligently permits a fire to be set in any forest land shall. upon conviction. The same penalty plus cancellation of his license agreement.000.00) nor more than twenty thousand pesos . the offender shall also be required to restore or compensate for the restoration of the damage. CHAPTER CRIMINAL OFFENSES AND PENALTIES IV (P20. Any person who enters and occupies or possesses. Section 70. in addition to the penalty. occupy for any length of time any portion of the national parks system or shall. and the civil reservations. in addition to the confiscation of such livestock and all improvement introduced in the area in favor of the government.

shall. classified or released. (P1. make. or alter. hatchet or other marking implement. if the offender is a holder thereof. be dismissed from the service with prejudice to reinstatement and with disqualification from holding any elective or appointive office. or not. logs. without authority from the Director or his authorized representative. The survey. Section 72. suffer an imprisonment of not less than one (1) year and a fine of not less than one thousand. Misclassification and survey by government official or employee. or recommends the release of forest lands as alienable and disposable lands contrary to the criteria and standards established in this Code. deface. without permit to survey from the Director. Unlawful possession of implements and devices used by forest officers. Any person who coerces. or the rules and regulations promulgated hereunder. classifies. or the rules and regulations promulgated thereunder. classification or release of forest lands shall be null and void. Payment. or has in his possession any government marking. from trees. causes or effects the transfer or diversion of the funds for purposes other than those specified in this Code. manufacture. or the regulations promulgated thereunder. and any construction or improvement made thereon by the offender. and areas under the national park system or to make any false mark or imitation of any mark or sign herein indicated. Any person violating the provisions of Section 55 of this Code. or remove government marks or signs. the officers and directors thereof shall be liable. Any public officer or employee who knowingly surveys. be punished by a fine of not exceeding one hundred thousand pesos (P100. poster. If the offender is an association or corporation. license. deface. That if the offender is a corporation. the president or manager shall be directly responsible and liable for the act of his employees or laborers. partnership or association.00) pesos for every hectare or a fraction thereof so improperly surveyed. Section 77. after an appropriate administrative proceeding. for each such offense shall. forest reserve. Section 74. In the event that an official of a city or municipal government is primarily responsible for detecting and convicting the violator of the provisions of this Section. if any. stumps. If the offender is a government official or employee. shall be imposed upon any person who shall.00) pesos 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. Survey by unauthorized person. Section 73. in addition to the confiscation of the implements used in the violation of this section including the cancellation of the license. or other devices officially used by officers of the Bureau for the marking or identification of timber or other products. abets or persuades the public officer or employee referred to in the two preceding sections to commit any of the acts mentioned therein shall suffer imprisonment of not less than one (1) year and pay a fine of five hundred (P500. Section 78. be dismissed from the service with prejudice to re-employment. shall be imposed upon any person who shall. Section 76. Imprisonment for a period of not less than two (2) nor more than four (4) years and perpetual disqualification from holding an elective or appointive office.00) pesos in addition to the confiscation of such implements and devices. influences. municipal or city forest or pasture. fifty per centum (50%) of the fine collected shall accrue to such municipality or city for the development of local parks. or destroy.000. lease.00).the land and the forfeiture in favor of the Government of all timber or any species of vegetation and other natural resources collected or removed. Coercion and influence. obstructs or prevents the same. or make or apply a government mark on timber or any other forest products by means of any authentic or counterfeit device. he shall. Any person who fails to pay the amount due and payable under the provisions of this Code. nor more than ten thousand (P10. or any duplicate. Provided. .000. counterfeit. Destruction of wildlife resources. enter any forest lands.00) pesos. sign.000. shall be imposed upon any public officer or employee who shall issue a tax declaration on real property without a certification from the Director of Forest Development and the Director of Lands or their duly designated representatives that the area declared for taxation is alienable and disposable lands. or who delays. 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. 1955. Imprisonment for not less than two (2) nor more than four (4) years. upon conviction. Imprisonment for a period of not less than (2) nor more than four (4) years and a fine of not less than one thousand pesos (P1. or permit. or any marker. the National Internal Revenue Code.00) and/or imprisonment for a period of not exceeding six (6) years in the discretion of the Court. lease. Tax declaration on real property. and upon conviction by a court of competent jurisdiction. collection and remittance of forest charges. unless the property is titled or has been occupied and possessed by members of the national cultural minorities prior to July 4. poster or warning notices set by the Bureau to designate the boundaries of cutting areas. Section 75. classified timber land. whether covered by a license agreement. remove or disfigure any such mark. or who orders.000. or imitation thereof. and the automatic cancellation of the license agreement. and conduct or undertake a survey for whatever purpose. shall be liable to the payment of a surcharge of twentyfive per centum (25%) of the amount due and payable. in addition. license or permit. shall be fined not less than one hundred (P100. firewoods or other forest products.

Arrest. OTHERWISE KNOWN AS THE "REVISED FORESTRY CODE OF THE PHILIPPINES. or other license or permit authorizing the manufacture or sale of such products for a period of not less than two (2) years. No person shall sell or offer for sale any log. Section 80 of Presidential Decree No. rule and regulation does not authorize members of the Philippine Constabulary/Integrated National Police to file complaints against forest law violators except when they are lawfully deputized by the Minister of Agriculture and Natural Resources pursuant to the said Code. Section 80. 705 is amended to read as follows: "Sec. or any act of falsification of the volume of logs. it is of common knowledge that only few criminal cases are being filed against violators of the forestry laws. and the forest products cut. by virtue of the powers vested in me by the Constitution. WHEREAS. I. Sale of wood products. the dealer shall be punished for each such offense by a fine of not less than two hundred pesos (P200. PD No. gathered or taken by the offender in the process of committing the offense. police agency. in favor of the Government. President of the Philippines. lumber. THEREFORE. the tools and equipment used in committing the offense. sawmill. Section 79. barangay or barrio official. lumber. or any qualified person to protect the forest and exercise the power or authority provided for in the preceding paragraph. do hereby degree that: SECTION 1. materials and equipment shall be immediately disposed of in accordance with forestry administrative orders promulgated by the Department Head.00) or the total value of the invoice. standard and size of material sold to each purchaser in exactly the same as described in the invoice. whichever is greater. the officers and directors thereof shall be liable. in addition thereto. Arrest: institution of criminal actions. FERDINAND E. the latter shall be done within a reasonable time sufficient for ordinary travel from the place of arrest to the place of delivery. NOW. or any of the deputized officers or officials. rules and regulations because of the apparent lack of manpower in the prosecuting arm of the Bureau of Forestry Development which predicament could not be feasibly augmented due to the present economic situation of the country. the appropriate official designated by law to conduct preliminary investigations and file informations in court. or other forest products shall be a sufficient cause for the suspension of the export. A duly accredited representative of the Bureau shall certify to the compliance by the licensees with grading rules. Failure to adhere to the established grading rules and standards. Institution of criminal actions. MARCOS. or any other law. and filing of the complaint with. not committed in the presence of any forest officer or employee. the investigating forest officer shall file the necessary complaint with the appropriate official authorized by law to conduct a preliminary investigation of criminal cases and file an information in Court. who shall thereupon receive the evidence supporting the report or complaint.If the offender is a corporation. The Department Head may deputize any member or unit of the Philippine Constabulary. If the arrest and seizure are made in the forests. If there is prima facie evidence to support the complaint or report. He shall also seize and confiscate. plywood or other manufactured wood products in the international or domestic market unless he complies with grading rules and established or to be established by the Government. far from the authorities designated by law to conduct preliminary investigations. 80. the delivery to. WHEREAS. shall immediately be investigated by the forest officer assigned in the area where the offense was allegedly committed. Section 80 of the "Revised Forestry Code of the Philippines". The seized products. tools and equipment to. A forest officer or employee of the Bureau shall arrest even without warrant any person who has committed or is committing in his presence any of the offenses defined in this Chapter. the offender and the confiscated forest products. rules and regulations because of the apparent lack of manpower in the prosecuting arm of the Bureau of Forestry Development which predicament could not be feasibly augmented due to the present economic situation of the country. partnership or association." WHEREAS. The arresting forest officer or employee shall thereafter deliver within six (6) hours from the time of arrest and seizure. and file the proper complaint with. 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. it is of common knowledge that only few criminal cases are being filed against violators of the forestry laws. Every dealer in lumber and other building material covered by this Code shall issue an invoice for each sale of such material and such invoice shall state that the kind. 1775: AMENDING SECTION EIGHTY OF PRESIDENTIAL DECREE NUMBERED SEVEN HUNDRED FIVE. Reports and complaints regarding the commission of any of the offenses defined in this Chapter. - . AS AMENDED.

A forest officers or employee of the Bureau or any personnel of the Philippines Constabulary/ Integrated National Police shall arrest even without warrant any person who has committed or 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 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 product, tools and equipment and file the proper complaint with, the appropriate official designated 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 designated by the 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 disposed of in accordance with forestry administrative orders promulgated by the Department Head. The Department Head may deputized any agency, Bering 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 deputized officers of officials, shall immediately be investigated by the forest officer assigned in the area or any personnel of the Philippine Constabulary/Integrated National Police 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 investigating 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." Executive Order No. 318: PROMOTING SUSTAINABLE FOREST MANAGEMENT IN THE PHILIPPINES WHEREAS, the Constitution provides for the protection and advancement of the right of the people to a balanced and healthy environment in accord with the rhythm and harmony of nature, to protect the Filipino people from disaster like floods or landslide, and from threats to environmental and economic security like wood and water shortage, biodiversity loss, air pollution and drought. Likewise, it provides for the full, efficient and rights-based use of natural resources to abate poverty, promote

industrialization and full employment, affirm the diverse cultures of the Filipino, and ensure their availability to present and future generations; WHEREAS, Sustainable Forest Management (SFM) is provided in the Global Plan of implementation of the World Summit on Sustainable Development adopted in Johannesburg, as an international strategy for developing and managing forests; WHEREAS, important socio-economic and environmental changes and policy reforms that directly affect the forestry sector have taken place since the issuance in 1975 of Presidential Decree No. 705, otherwise known as the Revised Forestry Code of Philippines, and unless and until otherwise directed by Congress, there is a need to provide guidance to national agencies and instrumentalities on how to best harmonize these policy reforms and make the forestry sector responsive to external changes, and attain SFM in the Philippines; WHEREAS, logging or any commercial exploitation of forestry resources in old growth forests, proclaimed watersheds and other areas covered by the National Integrated Protected Areas System (NIPAS) is prohibited to ensure the perpetual existence of all native plants and animals; WHEREAS, a watershed-based integrated ecosystem management approach is deemed appropriate for SFM due to the interrelationships and interactions between and among the various ecosystems of a watershed such as the uplands and coastal areas: NOW, THEREFORE, I GLORIA MACAPAGAL ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order: SECTION 1. Declaration of Policy. It shall be the Policy of the Government to pursue the sustainable management of forests and forestlands in watersheds. Watersheds shall be deemed as ecosystem management units and shall be managed in a holistic, scientific, rights-based, technologybased and community-based manner and observing the principles of multi-use, decentralization and devolution, and active participation of local government units (LGUs), synergism of economic, ecological, social and cultural objectives, and the rational utilization of all resources found therein. It shall likewise be the policy of the Government to promote sound, effective and efficient, globallycompetitive and equitable forestry practices in both public and private domains. SECTION 2. Guiding Principles. The pursuit of these policies shall be guided by the following principles: 2.1.Delineation, Classification and Demarcation of State Forestlands

1.

State forestlands shall be identified, classified and delineated/demarcated on the ground and shall constitute the permanent

forest estate unless otherwise stipulated by Congress; the same shall be categorized and managed either as primarily for production or as primarily for protection purposes, and in both cases, placed under a formal management scheme. 2. Conversions of forestlands into non-forestry uses shall be allowed only through an act of Congress and upon the recommendation of concerned government agencies.

1.

The government shall provide a favorable and stable policy and investment environment-friendly forest based industries, ensure their sustainable raw material supply and encourage value-added processing in-country to boost rural employment and the economy. Filipino entrepreneurship in forestry shall be encouraged and supported. A package of incentives and services that are responsive to the development of forests in private and public forestlands shall be adopted to encourage the development of private forests, including the deregulation of privately-developed forests and privately-planted trees and enhancement of capacities of stakeholders to engage in private forest development and related activities. The development of high-value tree crops and non-timber forest crops in public forestlands, private lands and in home forest gardens shall be promoted and encouraged to enhance economic and ecological benefits and attain selfsufficiency in the country’s wood requirements. Incentives shall be provided to encourage co-management of forest resources involving national and other government agencies (NGAs/OGAs), LGUs, CSOs, and the private sector.

2.

3. 2.2. Holistic, Sustainable and Integrated Development of Forestry Resources 1. The development and management of the Philippines forests and forestlands including the coastal forests shall be for the highest and widest public benefit and shall be based on the inherent productive capacity and sustainable use of these resource for the present and future generation of Filipinos. The priority development, protection and management activity of any management unit shall be the rehabilitation of open and/or denuded, degraded, fragile forestlands; and slope stabilization and protection to address occurrence of floods, landslides and similar ecological disasters. The establishment of tree parks, regreening and roadside planting of forest species in open and appropriate spaces shall be prioritized to mitigate worsening urban air quality and global warming. 5.

4.

2.

3.

2.3. Community-Based Forest Conservation and Development 1. Community-Based Forest Management (CBFM) shall be the primary strategy in all forest conservation and development and related activities, including joint ventures, production sharing and co-production; it shall be encouraged in all private sector forestry enterprises and ventures. CBFM shall be a collaborative undertaking of the national government and the LGU’s, local peoples, community organizations, civil society organizations (CSO’s), and private business entities. Local cultures, values, traditions, religious beliefs and the rights of indigenous peoples to their ancestral lands and domains as promoted and/or defined by existing legislation shall be recognized and respected in all forestry undertakings of the State and the private sector.

2.5 Proper Valuation and Pricing of Forestry Resources and Financing SFM 1. Mechanism for proper valuation and fair and comprehensive pricing of forest products and services, including water for domestic, industrial, irrigation and power generation, biodiversity and eco-tourism, shall be developed and promoted. Local, regional and national plow-back mechanisms of utilizing proceeds from the use of watersheds, forests and forestlands for ecological and environmental services such as, but not limited to power generation, supplying domestic and irrigation water, and eco-tourism, shall be developed and promoted to finance forest protection, rehabilitation, and development. Appropriate and doable mechanisms for adopting the principles of environment and natural resources accounting (ENRA) and watershed ecosystems as minimum spatial units of accounts shall be developed and institutionalized. Innovative financial systems and approaches, such as securitization, bonds

2.

2.

3.

3.

2.4. Incentives for Enhancing Private Investments, Economic Contribution and Global Competitiveness of Forest-Based Industries

4.

and collaborative investments, shall be encouraged to support sustainable forest management and enterprises and the conservation of forest-based biodiversity in the Philippines. 5. Government investments in and out-sourced financing for forest development such as the application of clean development mechanism (CDM) shall be prioritized in favor of forestlands that serve a significantly large population such as critical watersheds and/or which serve to reduce poverty and inequitable access to forests such as those under CBFM and/or co-management by NGAs/OGAs, LGUs, industries, CSOs, and local communities.

7.

Networks and linkages involved with local and international institutions, CSOs, LGUs, and industries involved in the promotion and practice of SFM shall be strengthened.

2.6. Institutional Support for SFM 1. The principles and practices of good governance such as transparency, accountability and participatory decisionmaking, in transactions, decisions and actions affecting forestry, in all levels, and the policy of streamlining, decentralization, devolution and deregulation shall be adopted, promoted and institutionalized in the Government service. Partnerships and collaboration between and among the DENR, NGAs/OGAs, LGUs, professional forestry organizations, local communities, civic groups, CSOs, basic sectors, academic and other research and development institutions and other stakeholders shall be promoted. Forestry administrative institutions, including development, shall be modernized. systems research upgraded and and and

EO No . 263: ADOPTING COMMUNITY-BASED FOREST MANAGEMENT AS THE NATIONAL STRATEGY TO ENSURE THE SUSTAINABLE DEVELOPMENT OF THE COUNTRY'S FORESTLANDS RESOURCES AND PROVIDING MECHANISMS FOR ITS IMPLEMENTATION 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 healthful 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 responsible for the sustainable management and development of the country's natural resources; WHEREAS, the Philippines 2000 and the government's Social Reform Agenda support people empowerment and the full, meaningful and indispensable participation of communities as immediate stakeholders of the forestland 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, development and management, and targets the protection, rehabilitation, management, and utilization of at least 4 million hectares of forestlands, through the community-based forest management strategy; WHEREAS, entrusting the responsibility for forest rehabilitation, protection, and conservation to the

2.

3.

4.

Academic programs and scientific research shall be harnessed to generate information, technologies and policies that will strengthen national capacities for SFM under the frameworks of watershed ecosystem management (WEM) and CBFM. Human resources development programs for all stakeholders shall be rationalized and upgraded in support of SFM; forestry extension services by NGAs/OGAs and LGU shall be upgraded and intensified and undertaken with CSOs, to support CBFM, pirvate forestry, forestry co-management enterprises, and the development of forestbased biodiversity. Forest land use plans shall be incorporated by LGUs in their comprehensive land use plans. National Government agencies shall assist LGUs in this endeavor.

5.

6.

The DENR. ecologicallysustainable. 13. Sec. Community-based forest management (herein referred to as CBFM) shall be the national strategy to achieve sustainable forestry and social justice. 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. and labor-intensive harvesting methods. local government units. GSIS and the SSS. by virtue of the powers vested in me by law. Science and Technology. In its budget preparation. such as the Development Bank of the Philippines (DBP). enterprise development. Accordingly. Sec. 2. . I FIDEL V. DENR shall ensure the inclusion of budgetary allocation for CBFM in the annual General Appropriations Act. at least. within six months from the signing of this Order. 11. in consultation with government financial institutions. Other sources of fund may later be determined by the CBFM Steering Committee subject to existing government regulations. members of the CBFM Steering Committee should. National Defense and Justice. The DENR Secretary shall issue new rules. the DENR shall allot adequate funds to effectively accomplish CBFM targets and shall seek supplementary funding from local and foreign supporting agencies and organizations. provided they employ environment-friendly. Sec. Sec. THEREFORE. The DENR Secretary shall. Labor and Employment. and guidelines necessary to implement this Order and repeal or modify existing ones consistent with the policies set forth by the CBFM Steering Committee. RAMOS. agroforestry development. a National Comprehensive Community Forestry Action Plan. through its Community and Provincial Environment and Natural Resource Offices. pending the passage of the revised Forestry Code. and other non-forest-based alternative livelihood systems. The Committee shall formulate and develop policy guidelines that will create incentives and conditions necessary to effectively carry out community-based forest management strategy. Within six months after the signing of this Order.community of stakeholders and affording them equitable access to the forest and coastal resources are viable forestland management strategies as borne by the experience of the DENR and various supporting agencies. Budget and Management. 7. Philippine Commission on Countrywide Development under the Office of the President. Committee on Flagship Programs and Projects of the Office of the President. Sec. such as people's organizations. Sec. 12. Sec. business and industry. Agrarian Reform. 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. procedures. Sec. Sec. regulations. 6. 5. A CBFM Steering Committee shall be created immediately and headed by the DENR with members from the Departments of Agriculture. 3. the DENR. take into account the needs and aspirations of local communities whose livelihood depends on the forestlands. Trade and Industry. non-government organizations (NGOs). The DENR may source local and international grants and donations for the establishment of the CBFM Special Account. religious groups. Philippine Wood Products Association. 8. 10. the Land Bank of the Philippines (LBP). NGO coalition groups. be represented by concerned Assistant Secretaries or heads of bureaus and agencies. The action plan shall be discussed and approved by the CBFM Steering Committee prior to its submission to the President. Sec. Cooperative Development Authority. Finance. Presidential Management Staff under the Office of the President. Sec. do hereby order that: Sec. and other government personnel. tree plantations. submit to the Office of the President. medium and long-term plans. in coordination with the local government units and the Department of Interior and Local Government (DILG) shall. at all times. Participating organized communities may be granted access to the forestland resources under long term tenurial agreements. 4. and Offices of Northern and Southern Cultural Communities. 9. Such harvesting methods shall be mentioned under a site-specific management plan of each recipient community and duly approved by the DENR. arrangements for a community forestry training program for members of participating units. NOW. people's organizations (POs). Interior and Local Government. The DENR shall support and set up jointly with relevant colleges and universities. President of the Philippines. and other public and private organizations to become members of the Steering Committee. The DENR shall work with local governments. Sec. 1. and other concerned organizations to ensure that communities are empowered to initiate and achieve the objectives of this Order. private and public organizations. The Committee may invite representatives from the Philippine Chamber of Commerce. 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 community training and empowerment. National Economic Development and Authority. which embodies the Department's short. non-government organizations.

Purchasing. Persons Authorized to Manufacturer.000. develop and protect the forest resources under sustainable management. Section 7. that may be used for. Persons Authorized to Possess and Use a Chain Saw. all persons who own or are otherwise in possession of chain saws must register the same with the Department.000. (c) is an industrial tree farmer. Sell and Import Chain Saws. Section 3. two (2) months and one (1) day to six (6) years or a fine of not less than Fifteen thousand pesos (P15. purchases. production sharing agreement. Declaration Policy. natural or juridical.Sec. The State shall therefore regulate the ownership.Chain saws shall only be sold and/or imported by manufacturers. and (d) "Secretary" shall refer to the Secretary of the Department of Environment and Natural Resources. importation. – It is the policy of the State consistent with the Constitution. Registration of Chain Saws. or similar agreements. . transfer.As used in this Act. distributes or otherwise disposes or possesses a chain saw without first securing the necessary permit from the Department shall be punished with imprisonment of four (4) years. Any person who is found to have defaced or Republic Act No. (b) "Chain saw dealer" shall refer to a person. (2) Unlawful Importation or Manufacturing of Chain Saw. Section 6. . Section 5.The Department is hereby authorized to issue permits to possess and/or use a chain saw for the felling land/or cutting of trees.Within a period of three (3) months from the effectivity hereof. . transfer the ownership. but is not limited to.000. Toward this end. Transferring. . rendered operative by an electric or internal combustion engine or similar means. (3) Tampering of Engine Serial Number. 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 chain saws. (c) "Department" shall refer to the Department of Environment and Natural Resources. Agencies of the government that use chain saws in some aspects of their functions must likewise secure the necessary permit from the Department before operating the same. the Department shall be allowed to collect reasonable registration fees for the effective implementation of this Act. That permits to possess and use chainsaw issued to non-commercial orchard and fruit tree farmers shall be valid for a period of five (5) years upon issuance. and the chain saw/s confiscated in favor of the government. or (e) shall use the chain saw for a legal purpose. . (a) Selling. or a private land timber permit. sale. Every permit to possess and/or use a chain saw for legitimate purpose shall be valid for two (2) years upon issuance: Provided. Penal Provisions. 14. All previous executive and administrative issuances which are inconsistent herewith are repealed or amended accordingly.Any person who imports or manufactures a chain saw without obtaining prior authorization from the Department 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 (P1. dealers and/or private owners who are duly authorized by the Department.00) for more than Four thousand pesos (P4.00). the term: (a) "Chain saw" shall refer to any portable power saw or similar cutting implement. (d) is a licensed wood processor and the chain saw shall be used for the cutting of timber that has been legally sold to said applicant. timber and other forest or agro-forest products to any applicant who: (a) has a subsisting timber license agreement. possession. through any of its Community Environment and Natural Resources Office. the felling of trees or the cutting of timber. (b) is an orchard and fruit tree farmer. distribution. Distributing or Possessing a Chain Saw Without a Proper Permit. importation and/or use of chain saws to prevent them from being used in illegal logging or unauthorized clearing of forests.000. . Definition of Terms. which shall issue the corresponding registration certificate or permit if it finds such persons to be qualified hereunder. engaged in the manufacture. Re-selling. Section 4.Any person who sells.00) or both at the discretion of the court. purchase and/or sale of chain saws. . to conserve.00) but not more Thirty thousand pesos (30. 9175 : Chain Saw Act of 2002 Section 2. For this purpose.

To effectively implement the provisions of this Act. Act for Act for Section 10.000. at the least possible expense. He shall likewise organize an office within the Department to ensure that requirements imposed by this Act may be complied with by qualified persons. partnership or corporation. the provisions of this shall be implemented by the Palawan Council Sustainable Development pursuant to Republic No. . or the rules and regulations issued pursuant thereto.To monitor and oversee the implementation of this Act. The Secretary may revoke any Certificate of Registration or permit previously issued to a person found violating the provisions of this Act.00) or both at the discretion of the court without prejudice to being prosecuted for a separate offense that may have been simultaneously committed. five (5) members of each of the Senate and the House of Representatives who shall be designated by the Senate President and the Speaker of the House of Representatives as members: Provided. he shall be removed from office and perpetually disqualified from holding any public office. Reward. there is hereby created a Joint Congressional Oversight Committee to be composed of the Chairpersons of the Senate Committee on Environment and Natural Resources and the House Committee on Natural Resources as Chairperson and Co-Chairperson. Revocation of Registration and Permit. In the Province of Palawan. Section 9.00) nor more than Four thousand pesos (P4. . the penalties herein provided shall likewise be imposed on such other person. within the shortest possible time. The Department is authorized to include in its budget the amount necessary to carry out the purpose of this Section. 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. Authority of the Secretary. Joint Congressional Oversight Committee. .00). including the approval of the rules and regulations issued pursuant hereto.00) but not more than Fifty thousand pesos (P50. If the violation under this Section is committed by or through the command or order of another person. in addition to the above penalties. .tampered with the original registered engine serial number of any chain saw 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 (P1.000. or the responsible officer(s) in such partnership or corporation.000. 7611 or the Strategic Environmental Plan Palawan. Section 8.Any person who voluntarily gives information leading to the recovery or confiscation of an unregistered chain saw and the conviction of persons charged thereof shall be entitled to a reward equivalent to twenty person (20%) of the value of the chain saw unit(s). The chain saw unlawfully used shall be likewise confiscated in favor of the government. the Secretary shall issue the implementing rules and regulations within ninety (90) days upon approval of this Act.Any person who is found to be in possession of a chain saw 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 that Thirty thousand pesos (P30. . The chain saws confiscated under this Section shall be sold at public auction to qualified buyers and the proceeds thereof shall go to the Department. (4) Actual Unlawful Use of Chain Saw. If the offender is a public official or employee.000. Section 11.

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