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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 of Natural Resources : Other Websites 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 non-renewable 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 All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated. The exploration, development, and utilization of natural resources shall be under the full control and supervision of the State. The State may directly undertake such activities, or it may enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or 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 fishworkers 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 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 allencompassing 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 Cruz vs. Secretary of Environment and Natural Resource (2000)
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.
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 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.
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.
SEPARATE OPINION (Justice Puno)
The Development of the Regalian Doctrine in the Philippine Legal System
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.
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.
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)
Valentin vs. Murciano This case answered the question of which is the better basis for ownership of land: long-time 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.
Indigenous Peoples 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 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.
Public Land Acts and the Torrens System 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
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 Non-Christian 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.
averred that a grant should be given to him by reason of immemorial use and occupation. The US SC ruled in favor of Carino and ordered the registration of the subject lands in his name. The court laid down the presumption of a certain title held as far back as memory went and under a claim of private ownership. Land held by this title is presumed to never have been public land. The registration requirement was not to “confer title, but simply to establish it”. In a nutshell, Cariño enunciated the legal presumption that ancestral lands and domains were not part of the public domain, 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. 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, adverting to the landmark case of CARINO V. LOCAL GOVERNMENT, 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, and never to have been public land.” Existence of native titie to land, 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 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. The IPRA recognizes the existence of ICCs/IPs as a distinct sector in the society. 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. Facts: • Chavez vs. 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. Pres. Marcos issued P.D. 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). Thereafter, Pres. Aquino issued Special Patent No. 3517, granting and transferring to PEA “the parcels of land so reclaimed under the MCCRRP”. A TCT was also issued in the name of PEA covering 3 reclaimed islands known as the "Freedom Islands" (157.84 hectares) located at the southern portion of the Manila-Cavite Coastal Road, Parañaque City, which were part of these lands acquired by PEA. PEA entered into a Joint Venture Agreement (JVA) with AMARI (AMARI Coastal Bay and Development Corporation), a private corporation, to develop the Freedom Islands. o However, the JVA also required the reclamation of an additional 250 hectares of
THE PROVISIONS OF THE IPRA DO NOT CONTRAVENE THE CONSTITUTION
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 utilized, including residential lots, rice terraces, or paddies, private forests. 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, in the name of the community. Ancestral Lands outside the ancestral domain, the NCIP issues a Certificate of Land Title (CALT). The CALTs and CADTs shall be registered in the Register of Deeds in the place where property is situated.
Carino vs. Insular Government
On June 23, 1903, 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. Mateo only presented possessory information and no other documentation. The State opposed the petition averring that the land is part of the US military reservation. The CLR ruled in favor of Mateo. The State appealed. Mateo lost. Mateo
Two subsequent motions for reconsideration was filed and were denied.
• • •
submerged areas surrounding these islands to complete the configuration in the Master Development Plan of the Southern Reclamation Project-MCCRRP. o PEA and AMARI entered into the JVA through negotiation without public bidding. On June 8, 1995, then President Fidel V. Ramos, through then Executive Secretary Ruben Torres, approved the JVA. On November 29, 1996, then Senate President Maceda delivered a privilege speech denouncing the JVA as the "grandmother of all scams." 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 classified as alienable lands and therefore PEA cannot alienate these lands; (2) the certificates of title covering the Freedom Islands are thus void, and (3) the JVA itself is illegal. Petitioner Frank Chavez, as a taxpayer, filed the instant Petition for Mandamus with Prayer for Issuance of a Writ of Preliminary Injunction and TRO. March 30, 1999, PEA and AMARI signed an Amended Joint Agreement, which was approved by Pres. Estrada.
certificates of title in the name of PEA, are alienable lands of the public domain . PEA may lease these lands to private corporations but may not sell or transfer ownership of these lands to private corporations. PEA may only sell these lands to Philippine citizens, subject to the ownership limitations in the 1987 Constitution and existing laws. 2. The 592.15 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. The government can make such classification and declaration only after PEA has reclaimed these submerged areas. Only then can these lands qualify as agricultural lands of the public domain, which are the only natural resources the government can alienate. In their present state, the 592.15 hectares of submerged areas are inalienable and outside the commerce of man. 3. Since the Amended JVA seeks to transfer to AMARI, a private corporation, ownership of 77.34 hectares of the Freedom Islands, such transfer is void for being contrary to Section 3, Article XII of the 1987 Constitution which prohibits private corporations from acquiring any kind of alienable land of the public domain. 4. Since the Amended JVA also seeks to transfer to AMARI ownership of 290.156 hectares of still submerged areas of Manila Bay, such transfer is void for being contrary to Section 2, Article XII of the 1987 Constitution which prohibits the alienation of natural resources other than agricultural lands of the public domain. PEA may reclaim these submerged areas. Thereafter, the government can classify the reclaimed lands as alienable or disposable, and further declare them no longer needed for public service. Still, the transfer of such reclaimed alienable lands of the public domain to AMARI will be void in view of Section 3, Article XII of the 1987 Constitution which prohibits private corporations from acquiring any kind of alienable land of the public domain. Clearly, the Amended JVA violates glaringly Sections 2 and 3, Article XII of the 1987 Constitution. Under Article 1409 of the Civil Code, contracts whose "object or purpose is contrary to law," or whose "object is outside the commerce of men," are "inexistent and void from the beginning." The Court must perform its duty to defend and uphold the Constitution, and therefore declares the Amended JVA null and void ab initio .
Note: The Amended Joint Venture Agreement : The subject matter of the Amended JVA, as stated in its second Whereas clause, consists of three properties, namely: 1. "[T]hree partially reclaimed and substantially eroded islands along Emilio Aguinaldo Boulevard in Paranaque and Las Pinas, Metro Manila, with a combined titled area of 1,578,441 square meters;" 2. "[A]nother area of 2,421,559 square meters contiguous to the three islands;" and 3. "[A]t AMARI's option as approved by PEA, an additional 350 hectares more or less to regularize the configuration of the reclaimed area." PEA confirms that the Amended JVA involves "the development of the Freedom Islands and further reclamation of about 250 hectares x x x," plus an option "granted to AMARI to subsequently reclaim another 350 hectares x x x." In short, the Amended JVA covers a reclamation area of 750 hectares. Only 157.84 hectares of the 750-hectare reclamation project have been reclaimed, and the rest of the 592.15 hectares are still submerged areas forming part of Manila Bay. Indisputably, under the Amended JVA, AMARI will acquire and own a maximum of 367.5 hectares of reclaimed land which will be titled in its name. 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. Decision: The SC summarized the conclusions as follows: 1. The 157.84 hectares of reclaimed lands comprising the Freedom Islands, now covered by •
3. Facts: •
Chavez vs. National Housing Authority (2007) On August 5, 2004, former Solicitor General Francisco Chavez, filed an instant petition raising constitutional issues on the JVA entered by National Housing Authority and R-II Builders, Inc. On March 1, 1988, then-President Cory Aquino issued Memorandum order No. (MO) 161 approving and directing implementation of the Comprehensive and Integrated Metropolitan Manila Waste Management Plan. o During this time, Smokey Mountain, a wasteland in Tondo, Manila, are being made residence of many Filipinos living in a subhuman state.
favourable recommendation of PEA (which were seen as a part of its recommendations to the EXECOM). which was supported by the issuance of Proclamation No. cancellation. The reclaimed lands were classified alienable and disposable via MO 415 issued by President Aquino and Proclamation Nos. Subsequently. On August 27. to be assisted by the Public Estates Authority (PEA). Whether respondents NHA and RBI were given the power and authority by DENR to reclaim foreshore and submerged lands 3. the JVA was amended and restated (now ARJVA) to accommodate the design changes and additional work to be done to successfully implement the project. 39 that these are to be “disposed to qualified beneficiaries. the SMDRP shall consist of Phase I and Phase II. 9. NHA prepared feasibility studies to turn the dumpsite into low-cost housing project. o Then-President Ramos authorized NHA to enter into a Joint Venture Agreement with RBI. The requisites for a valid and legal reclamation project are approval by the President (which were provided for by MOs). 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. respectively. Decision: 1. 465 by President Ramos. NHA reported that 34 temporary housing structures and 21 permanent housing structures had been turned over by RBI. the project was suspended. It must be noted that the reclamation of lands of public domain is reposed first in the Philippine President. to be later reconstituted by President Estrada in MO No. o During this time. If the project is revoked or terminated by the Government through no fault of RBI or by mutual agreement. 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. Aquino proclaimed MO 415 applying RA 6957 to SMDRP.” 2. o Phase I of the project involves clearing. Notices of public bidding to become NHA’s venture partner for SMDRP were published in newspapers in 1992. came into place. Smokey Mountain Development and Reclamation Project (SMDRP). it was the President via the abovementioned MOs that originally authorized the reclamation. the project involves the clearing of Smokey Mountain for eventual development into a low cost housing complex and industrial/commercial site. 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). from which R-II Builders. . 3. 5. Despite not having an explicit declaration.992. o The latter together with the commercial area to be built on Smokey Mountain will be owned by RBI as enabling components. (RBI) won the bidding process. The reclaimed land as enabling component was increased from 40 hectares to 79 hectares. Inc. the Clean Air Act was passed by the legislature which made the establishment of an incinerator illegal. 2003. thus. Thereafter. o Phase II involves the construction of a fenced incineration area for the on-site disposal of the garbage at the dumpsite. levelling-off the dumpsite. On August 1. o The same MO also established EXECOM and TECHCOM in the execution and evaluation of the plan. o RBI is expected to fully finance the development of Smokey Mountain and reclaim 40 hectares of the land at the Manila Bay Area. o The original 3. and coordinating all reclamation projects for and on behalf of the National Government. being a private corporation. 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 4. Under the JVA. 6. To summarize. 33. directing. Furthermore.• • • • • • • • • As presented in MO 161. the lands have been deemed to be no longer needed for public use as stated in Proclamation No. or termination on a schedule to be agreed upon by both parties. 7. Due to the recommendations done by the DENR after evaluations done. Notwithstanding the need for DENR permission. This does not mean that it shall be responsible for all. 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.500 units of temporary housing were decreased to 2. RA 6957 (Build-Operate-Transfer Law) was passed on July 1990 declaring the importance of private sectors as contractors in government projects. The revision also provided for the 119hectare land as an enabling component for Phase II of the project. Issues: 1. making the off-site dumpsite at Smokey Mountain necessary. 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 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. among others. 1998. 8. 4. ECCs and Special Patent Orders were given by the DENR which are exercises of its power of supervision over the project. the NHA and RBI executed a Memorandum of Agreement whereby both parties agreed to terminate the JVA and subsequent agreements. Executive Order 525 reads that the PEA shall be primarily responsible for integrating. 39 and 465 by President Ramos.
i. respondent never presented the required certification from the proper government agency or official proclamation reclassifying the land applied for as alienable and disposable. 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. All lands not appearing to be clearly of private dominion presumptively belong to the State. the onus to overturn. that the muniments of title and tax payment receipts aren’t sufficient evidence of a bona fide acquisition of the lands. 7 of the 1987 Constitution. 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. the CA only granted the petition because it assumed that the lands in question are already alienable and disposable. which. belongs to the Executive Branch of the government and not the court. Forests. 1992." do not necessarily refer to a large tract of wooded land or an expanse covered by dense growth of trees and underbrush. 28. Moraga and Monje and their predecessors-in-interest who have been in possession for more than 30 years. occupation thereof in the concept of owner. As to these assets. 5. 4. in the context of both the Public Land Act and the Constitution classifying lands of the public domain into "agricultural. these lands have already been necessarily reclassified as alienable and disposable lands under the BOT law. Naguiat was unable to provide sufficient evidence that such parcels of land are no longer a part of the public domain. these were considered Patrimonial lands of the state. The moment to challenge has passed. Public forest lands or forest reserves. o They claim that neither Naguiat nor her predecessors-in-interest have been in possession since 12 June 1945. forest or timber.e. respondent submitted in evidence the survey map and technical descriptions of the lands. Facts: • • • • • Issue: Celestina Naguiat applied for registration of title to 4 parcels of land (located in Botolan. when the lands were transferred to the NHA. but did not do so. . 6 of PD 757 clearly states that the NHA can acquire property rights and interests and encumber or otherwise dispose of them as it may deem appropriate. It calls for proof. exclusive and continuous possession of the parcels of land in question is now of little moment. 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. by incontrovertible evidence. 7. Accordingly. The bidding proper was done by the Bids and Awards Committee on May 18. Matters of land classification or reclassification cannot be assumed. Celestina Decision: No. Parcels of land classified as forest land may actually be covered with grass or planted to crops by kaingin cultivators or other farmers. cannot be acquired by adverse occupation or possession. For. had ample opportunity to question the said project. Whether or not the areas in question have ceased to have the status of forest or other inalienable lands of the public domain. and Article III. all lands of the public domain belong to the State – the source of any asserted right to ownership of land. "Forest lands" do not have to be on mountains or in out of the way places. When the petitioner filed the case. Letter I of Sec. Needless to stress. 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. Here. 6. 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 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. however long. the rules on confirmation of imperfect title do not apply. Petitioner Republic of the Phils brought case to the CA. This relief must be granted. It is the right of the Filipino people to information on matters of public concerned as stated in Article II. are not capable of private appropriation. which is found by the SC to not be in this case. the issue of whether or not Naguiat and her predecessor-in-interest have been in open. by which it has the power to sell the same to any qualified person. Sec. Aside from tax receipts.Furthermore. that Naguiat’s Spanish title can no longer be availed of and finally. 8. CA affirmed RTC decision. Sec. It was noted that notices were published in national newspapers. Republic of the Naguiat (2006) Philippines vs. who in turn had acquired it from Calderon.. the presumption that the land subject of an application for registration is alienable or disposable rests with the applicant. o She claimed to have acquired it from LID Corporation. The petitioner. 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. In the case at bar. xxx” Under Section 2. provided no information respecting the classification of the property. needless to state. unclassified land. Article XII of the Constitution. 9. Therefore. Republic of the Philippines (through the OSG) filed an opposition to the application. as here. mineral lands and national parks. the JVA had already been terminated by virtue of MOA between RBI and NHA. 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. Zambales) with RTC Zambales. from forest or mineral to agricultural and vice versa. xxx. cannot ripen into private ownership and be registered as title. Under Section 6 of the Public Land Act. which embodies the Regalian doctrine. In addition. 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. being the Solicitor General at the time SMDRP was formulated.
It contains within it two key concepts: 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. held in Rio de Janeiro on June 13. It refers to the "interdependent and mutually reinforcing pillars of sustainable development as economic development. consultation and negotiation. The Assembly Article II. In addition. and environmental conservation and protection. government and the polity. 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. as worded. As the goal of sustainable development is to permanently improve the living conditions of human beings. whereas almost all the other provisions in the Article are not self-executing but need implementing legislation to make them effective. On this basis too. Rio+5: In 1997. involving no less than seven dimensions. culture. 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. 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. 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. in particular the essential needs of the world's poor. 16 provide for enforceable rights? Yes. appeal to it has been recognized as conferring “standing” on minors to challenge logging policies of the government (Oposa vs. 1992. Seven Dimensions of Sustainable Development : From the Philippine Agenda 21 From the Philippine perspective sustainable development is a multidimensional concept. nationally and locally by organizations of the UN. Hence." In establishing the commission. From this perspective. Section 16 is unusual among those found in Article II in that. it does not follow that it is less important than any of the civil and political rights enumerated in the latter. Sec. and civil society and culture.which had introduced environmental concerns to the formal political development sphere. and Nature. The report sought to recapture the spirit of the United Nations Conference on the Human Environment the Stockholm Conference . 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. Brazil. 16 of 1987 Constitution . and environmental protection. ensuring the continual rejuvenation and availability of natural resources for future generations. the concept of 'needs'. and was convened by the United Nations in 1983. social development. Factoran). in 1992. beginning in 1989 and culminating at the two-week conference. 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. The final text was the result of drafting. and major groups in every area in which humans directly affect the environment. Development of Agenda 21: The full text of Agenda 21 was revealed at the United Nations Conference on Environment and Development (Earth Summit). it aimed to discuss the environment and development as one single issue. to which overriding priority should be given. These are—the human being. The right to a balanced and healthful ecology carries with it the correlative duty to refrain from impairing the environment. the General Assembly of the UN held a special session to appraise five years of progress on the implementation of Agenda 21 (Rio +5). It may also refer to the number on the UN's agenda at this particular summit. The provision. polity. The number 21 refers to an agenda for the 21st century. Our Common Future placed environmental issues firmly on the political agenda. 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. Sustainable development is viewed as the mutually beneficial interaction between the legitimate interests of business and the economy. economic development. social and economic developments must be carried out in a way that is environmentally and ecologically sound. Sustainable development ensures the well-being of the human person by integrating social development. economy. 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. It is a comprehensive blueprint of action to be taken globally. but also for generations to come. Section 16 has been recognized by the Supreme Court as self-executing like the provisions in the Bill of Rights. where 178 governments voted to adopt the program.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). the Rio Declaration and to the establishment of the Commission on Sustainable Development. five dimensions of sustainable development are clearly visible. Does Sec. these basic rights need not even be written in the Constitution for they are assumed to exist from the inception of humankind. AGENDA 21 Commission [formally the World Commission Environment and Development (WCED)]: on It was known by the name of its Chair Gro Harlem Brundtland (former Norwegian Prime Minister). 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 autonomy claim of local governments in the area (Laguna Lake Development Authority vs. As a matter of fact. governments. recognizes an enforceable “right”.
maximize the benefits of climate change. to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner. it came up the idea to draw up a document guidelines for local cultural policies. international institutions and financial mechanisms. alongside achievement of the Millennium Development Goals and other international agreements. women. plans and programs. combating deforestation. local communities and the public to prevent and reduce the adverse impacts of climate change and. particularly the poor. 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. Recognizing the vulnerability of the Philippine archipelago and its local communities. the State likewise adopts the strategic goals in order to build national and local resilience to climate change-related disasters. 9729: CLIMATE CHANGE ACT OF 2009 Section 2. REPUBLIC ACT NO. changing landscapes. businesses. divided into four main sections. protecting fragile environments. prochildren and pro-poor perspective in all climate change and renewable energy efforts. on the basis of climate justice or common but differentiated responsibilities and the Precautionary Principle to guide decision-making in climate risk management. (b) “Adaptive capacity” refers to the ability of ecological. Section IV: Means of Implementation Implementation includes science. to potential dangerous consequences of climate change such as rising seas. Towards this end. as recommended in Chapter 28 of the document. which moderates harm or exploits beneficial opportunities. 1. Section I: Social and Economic Dimensions which deals with combating poverty. business and workers. and children. A new General Assembly Resolution (S-19/2) promised further action. The United Nations Division for Sustainable Development acts as the secretariat to the Commission and works 'within the context of' Agenda 21. Section 3. climate-related illnesses and diseases. Such programmes are often known as 'Local Agenda 21' or 'LA21'. 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. the State has adopted the Philippine Agenda 21 framework which espouses sustainable development. national. the State shall cooperate with the global community in the resolution of climate change issues. 2. and control of pollution. and economy. social or economic systems to adjust to climate change including climate variability and extremes. Implementation by member states remains essentially voluntary. floods and storms. local authorities. the State adopts the principle of protecting the climate system for the benefit of humankind. at the same time. In this light. In view thereof. change population and sustainable settlement. – For purposes of this Act. Section III: Strengthening the Role of Major Groups . culture. plans. held in Porto Alegre in 2002. 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. including disaster risk reduction. NGOs. Local Agenda 21: The implementation of Agenda 21 was intended to involve action at international. Section II: Conservation and Management of Resources for Development Includes atmospheric protection. Some national and state governments have legislated or advised that local authorities take steps to implement the plan locally. agreed at the World Summit on Sustainable Development (Earth Summit 2002) affirmed UN commitment to 'full implementation' of Agenda 21.1awphil As a party to the Hyogo Framework for Action. – 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. to fulfill human needs while (a) “Adaptation” refers to the adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects. biodiversity loss that affect the country’s environment. The Johannesburg Summit: The Johannesburg Plan of Implementation. damage to ecosystems. It shall be the policy of the State to enjoin the participation of national and local governments. Cognizant of the need to ensure that national and subnational government policies. nongovernment organizations. promoting health. widening inequalities in income and a continued deterioration of the global environment. regional and local levels. education. the State shall integrate disaster risk reduction into climate change programs and initiatives. technology transfer. As a party to the United Nations Framework Convention on Climate Change. integrate. programs and projects are founded upon sound environmental considerations and the principle of sustainable development. changing consumption patterns. the following shall have the corresponding meanings: 3. Structure and Contents: There are 40 chapters in the Agenda 21. Declaration of Policy. maintaining the quality of the natural environment for current and future generations. Definition of Terms. Further recognizing that climate change and disaster risk reduction are closely interrelated and effective disaster risk reduction will enhance climate change adaptive capacity. 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. conservation of biological diversity (biodiversity).recognized progress as 'uneven' and identified key trends including increasing globalization. Agenda 21 for culture: During the first World Public Meeting on Culture. development plans. poverty reduction strategies and other development tools and techniques by all agencies and instrumentalities of the government. 4. it is hereby declared the policy of the State to systematically integrate the concept of climate change in various phases of policy formulation.Includes the roles of children and youth. a document comparable to what the Agenda 21 meant in 1992 for the environment. women. the State shall strengthen. fires. It shall also be the policy of the State to incorporate a gender-sensitive. increasing frequency and/or severity of droughts. to moderate or offset potential damages .
lessened vulnerability of people and property. magnitude. carbon dioxide. Section 4. (f) “Climate Risk” refers to the product of climate and related hazards working over the vulnerability of human and natural ecosystems. for a given level of carbon price (expressed in cost per unit of carbon dioxide equivalent emissions avoided or reduced). nitrous oxide. (d) Secretary of the Department of Education. (e) Secretary of the Department of Foreign Affairs. hereinafter referred to as the Commission. The Commission shall be organized within sixty (60) days from the effectivity of this Act. hydrofluorocarbons. – The Commission shall be composed of the President of the Republic of the Philippines who shall serve as the Chairperson. Creation of the Climate Change Commission. It is the process of assessing the implications for women and men of any planned action. whether due to natural variability or as a result of human activity. policies. material. (c) Secretary of the Department of Environment and Natural Resources.depleting substances and their substitutes. relative to emission baselines. (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. economic. methane. (b) Secretary of the Department of Energy. one of whom shall serve as the Vice Chairperson of the Commission. (n) “Mitigation” in the context of climate change. perfluorocarbons and sulfur hexafluoride. Section 5. It shall be attached to the Office of the President. its sensitivity. including through reduced exposure to hazards. (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. and evaluation of policies and programs in all political. – There is hereby established a Climate Change Commission. including climate variability and extremes. and its adaptive capacity. wise management of land and the environment. (l) “Greenhouse gases (GHG)” refers to constituents of the atmosphere that contribute to the greenhouse effect including.and to take advantage of associated opportunities with changes in climate or to cope with the consequences thereof. and three (3) Commissioners to be appointed by the President. . monitoring. (m) “Mainstreaming” refers to the integration of policies and measures that address climate change into development planning and sectoral decisionmaking. The Commission shall be the sole policy-making body of the government which shall be tasked to coordinate. The Commission shall be an independent and autonomous body and shall have the same status as that of a national government agency. (c) “Anthropogenic causes” refer to causes resulting from human activities or produced by human beings. (k) “Greenhouse effect” refers to the process by which the absorption of infrared radiation by the atmosphere warms the Earth. and rate of climate change and variation to which a system is exposed. or programs in all areas and at all levels. (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. (f) Secretary of the Department of Health. (o) “Mitigation potential” shall refer to the scale of GHG reductions that could be made. (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. or unable to cope with. and societal spheres so that women and men benefit equally and inequality is not perpetuated. (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. economic or environmental losses and impacts which exceed the ability of the affected community or society to cope using its own resources. monitor and evaluate the programs and action plans of the government relating to climate change pursuant to the provisions of this Act. The Commission shall have an advisory board composed of the following: (a) Secretary of the Department of Agriculture. Vulnerability is a function of the character. but not limited to. (q) “Vulnerability” refers to the degree to which a system is susceptible to. (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. and improved preparedness for adverse events. Composition of the Commission. adverse effects of climate change. (g) “Disaster” refers to a serious disruption of the functioning of a community or a society involving widespread human. including ozone. refers to human intervention to address anthropogenic emissions by sources and removals by sinks of all GHG. implementation. including legislation.
residents of the Philippines. in his capacity as Chair of the Philippine Council for Sustainable Development. Section 8. They shall be entitled to corresponding compensation and other emoluments and shall be subject to the same disqualifications. (s) President of the League of Municipalities. and (w) Representative organizations. The Commissioners shall hold office for a period of six (6) years. They shall serve for a term of six (6) years without reappointment unless their representation is withdrawn by the sector they represent. with at least ten (10) years of experience on climate change and of proven honesty and ntegrity. – The Commissioners must be Filipino citizens. Appointment to any vacancy shall be only for the unexpired term of the predecessor. – The Commission shall meet once every three (3) months. or as often as may be deemed necessary by the Chairperson. (q) President of the League of Provinces. It shall be headed by a Vice Chairperson of the Commission who shall act as the Executive Director of the Office. Qualifications. (p) Chairperson of the National Commission on the Role of Filipino Women. (e) Recommend legislation. at least thirty (30) years of age at the time of appointment. The Chairperson may likewise call upon other government agencies for the proper implementation of this Act. further. (i) Secretary of the Department of Public Works and Highways. respectively. policies. sectoral and local development plans and programs. (k) Secretary of the Department of Social Welfare and Development. That in case of a vacancy.sensitive sectors such as water resources. (o) Director-General of the National Security Council. 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. Compensation of Commissioners. into the national. Tenure. the new appointee shall fully meet the qualifications of a Commissioner and shall hold office for the unexpired portion of the term only: Provided. That in no case shall any of the Commissioners appoint representatives to act on their behalf. That in no case shall a Commissioner be designated in a temporary or acting capacity. further. The Vice Chairperson and the Commissioners shall have the rank and privileges of a Department Secretary and Undersecretary. (t) President of the Liga ng mga Barangay. in his capacity as Chair of the National Disaster Coordinating Council. coastal and marine resources. (c) Formulate a Framework Strategy on Climate Change to serve as the basis for a program for climate change planning. extension. and infrastructure to ensure the achievement of national sustainable development goals. research and development. subject to civil service laws. training and experience: Provided. (d) Exercise policy coordination to ensure the attainment of goals set in the framework strategy and program on climate change. Section 9. finally. Meetings of the Commission. (u) Representative from the academe. The officers and employees of the Commission shall be appointed by the Executive Director. That at least one (1) Commissioner shall be female: Provided. rules and regulations. finally. (m) Secretary of the Department of Transportation and Communications. programs on and appropriations for climate change adaptation and mitigation and other related activities. Powers and Functions of the Commission. (j) Secretary of the Department of Science and Technology. and may be subjected to reappointment: Provided. strategies. in synergy with disaster risk reduction. (r) President of the League of Cities. 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. (h) Secretary of the Department of National Defense. The Commissioners shall be experts in climate change by virtue of their educational background. (l) Secretary of the Department of Trade and Industry. agriculture. (b) Coordinate and synchronize climate change programs of national government agencies. The representatives shall be appointed by the President from a list of nominees submitted by their respective groups. . – There is hereby created a Climate Change Office that shall assist the Commission. from nongovernmental Section 7. At least one (1) of the sectoral representatives shall come from the disaster risk reduction community. Climate Change Office. forestry. (f) Recommend key development investments in climate.(g) Secretary of the Department of the Interior and Local Government. (n) Director-General of the National Economic and Development Authority. That no person shall serve for more than two (2) consecutive terms: Provided. That in no case shall the Commissioners come from the same sector: Provided. health. (v) Representative from the business sector. Section 6. – The Commission shall have the following powers and functions: (a) Ensure the mainstreaming of climate change. and monitoring of activities on climate change.
within six (6) months from the effectivity of this Act. Section 10. as one of their regular functions. – The Commission shall constitute a national panel of technical experts consisting of practitioners in disciplines that are related to climate change. (e) The identification of GHG mitigation potentials. – 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. LGUs shall regularly update their respective action plans to reflect changing social.(g) Create an enabling environment for the design of relevant and appropriate risk-sharing and risktransfer instruments. (i) Monitoring and evaluation. specific adaptation needs. (b) Impact. The National Climate Change Action Plan shall include. (c) Policy formulation. (h) Advocacy and information dissemination. Section 13. (c) The identification of differential impacts of climate change on men. Local Climate Change Action Plan. variability and extremes. the Framework. and monitoring of activities to protect vulnerable communities from the adverse effects of climate change. (e) Research and development. capability building and mainstreaming. (n) Facilitate capacity building for local adaptation planning. (i) Formulate strategies on mitigating GHG and other anthropogenic causes of climate change. and mitigation potential. It shall provide resources for the operations and activities of the Panel. women and children. represent the Philippines in the climate change negotiations. and best practices for risk assessment and enhancement of adaptive capacity of vulnerable human settlements to potential impacts of climate change. (f) Database development and management. Inter-local government unit collaboration shall be maximized in the conduct of climate. modifications and revisions thereof. Provincial governments shall provide technical assistance. implementation and monitoring of climate change initiatives in vulnerable communities and areas. The LGUs shall mobilize and allocate necessary personnel. 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. planning and implementation of climate change action plans in their respective areas. The Framework shall be reviewed every three (3) years. The Commission shall set the qualifications and compensation for the technical experts. – The Framework shall include. vulnerability and adaptation assessments. technologies. (k) In coordination with the Department of Foreign Affairs. relevant laws and protocols and adaptation and mitigation measures. consistent with the provisions of the Local Government Code. including ecosystems to the impacts of climate change. – The Commission shall. (g) Academic programs. but not limited to. The Panel shall provide technical advice to the Commission in climate science. and (p) Oversee the dissemination of information on climate change. enforcement and information management in support of municipal and city climate change action plans. Framework Strategy and Program on Climate Change. (d) Compliance with international commitments. but not limited to. The Framework shall serve as the basis for a program for climate change planning. and (f) The identification of options. research and development. provinces. cities and municipalities. and environmental conditions and emerging issues. and in accordance with the international agreements. Municipal and city governments shall consider climate change adaptation. the following components: (a) Assessment of the national impact of climate change. Section 11. (b) The identification of the most vulnerable communities/areas. Section 12. (d) The assessment and management of risk and vulnerability. within one (1) month from their adoption.related activities. resources and . Components of the Framework Strategy and Program on Climate Change. (o) Promote and provide technical and financial support to local research and development programs and projects in vulnerable communities and areas. economic. and the National Climate Change Action Plan. the following components: (a) National priorities. including disaster risk reduction. Section 14. (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 LGUs shall furnish the Commission with copies of their action plans and all subsequent amendments. formulate a Framework Strategy on Climate Change. – The LGUs shall be the frontline agencies in the formulation. or as may be deemed necessary. National Climate Change Action Plan. extension. (h) Create an enabling environment that shall promote broader multi-stakeholder participation and integrate climate change mitigation and adaptation. local vulnerabilities and risks. The Framework shall be formulated based on climate change vulnerabilities. prioritization of appropriate adaptation measures for joint projects of national and local governments. (m) Coordinate with local government units (LGUs) and private entities to address vulnerability to climate change impacts of regions. (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. and (j) Gender mainstreaming. Panel of Technical Experts.
and adaptation capability building. (b) Conduct of assessment of vulnerabilities to climate change impacts. contributions. donations. Role of Government Agencies. – To ensure the effective implementation of the framework strategy and program on climate change.1avvphi1 Section 19. capacity building and direct intervention. networking and communication activities in the conduct of information campaign. (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. primers and other educational materials. in collaboration with other concerned national government agencies. basic climate change principles and concepts. demonstration and promotion of technologies. such as. 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. endowments. The Commission shall evaluate. people’s organizations. a progress report on the implementation of the National Climate Change Action Plan and recommend legislation. and other content necessary to address the prevailing and forecasted conditions and risks of particular LGUs. especially for women in rural areas. biology. civic organizations. or upon the request of the Congressional Oversight Committee.related projects. – All relevant government agencies and LGUs shall allocate from their annual appropriations adequate funds for the formulation. the private and corporate sectors and other concerned stakeholder groups. academe. institutions and LGUs. policy. further. 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. . sibika. including training. That in case of donations from foreign governments. history. they shall. and initiatives. local vulnerabilities and risk. any provision in their respective charters to the contrary notwithstanding. science. Authority to Receive Donations and/or Grants. The LGU is hereby expressly authorized to appropriate and use the amount from its Internal Revenue Allotment necessary to implement said local plan effectively. of their respective climate change programs and plans. and (d) Conduct of such other activities reasonably necessary to carry out the objectives of this Act. geophysical. recommend the approval of loans and monitor the use of said funds of LGUs. since they are the most vulnerable. or gifts in cash. – In the development and implementation of the National Climate Change Action Plan. In consultation with the Bangko Sentral ng Pilipinas (BSP). issue and promulgate the implementing guidelines therefor. Section 18. the Commission shall coordinate with the nongovernment organizations (NGOs). 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. development. respectively. Section 17. through educational and training programs and micro-credit schemes. (c) The Department of Environment and Natural Resources (DENR) shall oversee the establishment and maintenance of a climate change information management system and network. Section 20. respectively. a report giving a detailed account of the status of the implementation of this Act. It shall also include public awareness campaigns on the effects of climate change and energy-saving solutions to mitigate these effects.logistics to effectively implement their respective action plans. The local chief executive shall appoint the person responsible for the formulation and implementation of the local action plan. provide preferential financial packages for climate change. (c) Advocacy. (e) The Philippine Information Agency (PIA) shall disseminate information on climate change. Its funding requirement shall be charged against the appropriations of Congress. within thirty (30) days from the effectivity of this Act. Section 16. but not limited to. Joint Congressional Oversight Committee. The proceeds shall be used to finance: (a) Research. where applicable and necessary. It shall be the responsibility of the national government to extend technical and financial assistance to LGUs for the accomplishment of their Local Climate Change Action Plans. 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. or in kind from local and foreign sources in support of the development and implementation of climate change programs and plans: Provided. bequests. – 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. relevant laws and protocols and adaptation and mitigation measures. In subsequent budget proposals. (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. Annual Report. 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. Funding Allocation for Climate Change. and (f) Government financial institutions. the concerned offices and units shall appropriate funds for program/project development and implementation including continuing training and education in climate change. resource inventory. – The Commission shall submit to the President and to both Houses of Congress. It shall likewise focus on women and children. The training program shall include socioeconomic. as may be defined by the Commission. any provision in the Local Government Code to the contrary notwithstanding. That such donations shall not be used to fund personal services expenditures and other operating expenses of the Commission. especially in the rural areas. – The Commission is hereby authorized to accept grants. activities and investments. development and implementation. and the local action plans. shall. including textbooks. Section 15. Coordination with Various Sectors.
gender balance. WHEREAS. the non-government community shall also have seven (7) representative in the Council. 2) The Council will have as members committed environmentalists from the following owing departments of a position of Bureau Director of their. 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. Creation and Composition of the Council. and other resources which is essential for the performance for the duties of the Council. 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. . That failure to issue rules and regulations shall not in any manner affect the executory nature of the provisions of this Act. These representative shall be selected by the nongovernment community considering commitment to environmental causes.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 their powers and functions shall be absorbed by the Commission: Provided. 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. Sec. 5) To require any and all government agencies for assistance in to forum of personnel. 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. WHEREAS. Appropriations. 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. 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. takes a balanced and integrated approach to environment and development issues by incorporating sustainable development principles and concepts in the national priorities of government. the amount necessary to effectively carry out the provisions of this Act shall be included in the annual General Appropriations Act. SEC 1. the 1987 Constitution mandates a policy of the state. upon consultation with government agencies.000. 171 and the Inter-Agency Committee on Climate Change created by virtue of Administrative Order No. Culture. WHEREAS. Section 22. a National Conservation Strategy. and the Philippine Agenda 21. and committed to the principles set forth in the Rio Declaration. and programs that will involve all sectors of the society. 2 Powers and Functions of the Council.Section 21. WHEREAS. 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. – The sum of Fifty million pesos (Php50. private sector. 3) Too provide directions in the form of policy reforms. 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. – Within ninety (90) days after the approval of this Act. and sector representation through a process designed by them. shall be abolished: Provided. Implementing Rules and Regulations. the United Nations in UNCED. 2) To establish guidelines and mechanisms that will expand. the Commission shall. and incorporate them in the preparation of the Medium Term Development Plan both at the national and local levels with active participation from the nongovernment sector a and people's organizations. which was adopted in 1989. plans. facilities. WHEREAS. the Conventions on Climate Change and Biodiversity. the UNCED Agenda 21. Thereafter. LGUs. 220. promulgate the implementing rules and regulations of this Act: Provided. 15 : Creating a Philippine Council for Sustainable Development WHEREAS. the Agenda 21. 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. as spelled out in the Philippine Strategy for Sustainable Development (PSSD). concretize and operationalize the sustainable development principles as embodied in the Rio Declaration. Any employee who cannot be absorbed by the Commission shall be entitled to a separation pay under existing retirement laws Executive Order No. further. The sum shall be sourced from the President’s contingent fund. the National Conservation Strategy. 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. NGOs and civil society. Transitory Provisions. the creation of a national sustainable development and thus assure its integration in the Philippine national policies. programs and new legislations that respond to the continuing and emerging issues and charting future actions related to environment and developments.000. Section 23. in order to active these ends. and the Secretary of the Department of Environment and Natural Resources as Vice-Chairperson. – Upon the organization of the Commission. 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. the Presidential Task Force on Climate Change created under Administrative Order No.
as well as existing multistakeholder governance mechanisms. 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. NOW. through the Department of Foreign Affairs (DFA). academe. In the absence of the Chairperson. To establish guidelines and mechanisms that will ensure that the sustainable development principles. — 1. 62: FURTHER STRENGTHENING THE PHILIPPINE COUNCIL FOR SUSTAINABLE DEVELOPMENT (PCSD) WHEREAS. he or she shall be represented by the alternate to be designated through their respective selection process for the purpose. 4. 3. LGUs. composed of people’s organizations. Department of Foreign Affairs(DFA). b. Civil society. WHEREAS. GLORIA MACAPAGAL-ARROYO. 47 (s. 2. emerging issues on sustainable development locally and globally there is an urgent need to pursue new interventions through a more responsive PCSD structure. The Chairperson of the Council shall be the Secretary of SocioEconomic Planning and NEDA Director-General. 3. and the three representatives from nongovernment sector. Powers and Functions of the Council. 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. are integrated in the formulation of national. 1999) was issued mandating local government units (LGUs) to formulate and implement their sustainable integrated area development plans or Local Agenda 21 with the assistance of concerned government agencies. 2. — The Philippine Council for Sustainable Development. keeping in mind the various agencies in government whose functions are integral components of the overall government sustainable development operational thrusts. EXECUTIVE ORDER NO. 1996). Department of Environment and Natural Resources (DENR). 4. nongovernment organizations and sectoral/major groups representation shall have five (5) Council members selected by their community. persons with disabilities. Sec. National Economic and Development Authority. In case any civil society. 3. 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. Sec. farmers. to ensure that the commitments made in the Rio de Janeiro Declaration are fulfilled and to realize the country’s sustainable development goals. 5. I. plans and programs. business or labor sector member of the Council cannot attend the meeting. in light of changing circumstances and. program and . 2. and 7) To perform such other acts which are necessary to carry out its mandated functions and responsibilities. Transitory Provisions. to strengthen PCSD. To review and monitor plans. media. likewise be decided through a process to be designed by them. do hereby order: Section 1. Special meetings may be convened at the call of the Chairperson or by a majority of the members of the Council. professionals. regional and local development policies. 15. Labor and business shall have one (1) representative each in the Council. The working group shall be assisted by a composite secretariat from NEDA and DENR. the ViceChairperson shall preside. and the Philippine Agenda 21. religious groups and NGOs. — 1. is hereby further strengthened. as embodied in the Rio Declaration. in order to operationalize sustainable development at the local level. fisherfolk. President of the Philippines. 3. youth. WHEREAS. indigenous people. The Secretary of the Department of Environment and Natural Resources (DENR) shall be the Vice-Chairperson. THEREFORE. the PCSD was established on 01 September 1992 through Executive Order No. through a process designed by them These may include the following groups: women. 4. Memorandum Order No. Terms of Office and Meetings. Sec.6) To create sub-committees that it may deem fit in the performance of its duties. which shall work out the formulation of the operational guidelines for the Council. it is necessary to further strengthen the PCSD as the lead instrumentality responsible for mainstreaming sustainable development in national government and affiliated agencies. 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. Sec. there is a need to streamline and define its core functions and membership. Sec. 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. policies. WHEREAS. Further Strengthening the PCSD. urban poor. Composition of the Council. for the PCSD to be more effective and responsive in ensuring the realization of the government’s sustainable development goals. WHEREAS. 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. The Council shall meet quarterly. WHEREAS. Representation shall. Department of Environment and Natural Resources. WHEREAS. Moro and Cordillera people. Agenda 21. Congress. there is a need for PCSD to focus on strategic interventions that have significant and catalytic impact on sustainable development. in accordance with the provisions of this Executive Order. or as frequently as may be deemed necessary. The Secretariat. with an Undersecretary as alternate: a. — The term of office of members shall be co-terminus with their appointment or election in their respective departments or organizations. by virtue of the powers vested in me by law. Department of the Interior and Local Government (DILG). There shall be immediately be convened an interim Technical Working Group of seven members composed or representatives from National Economic and Development Authority (NEDA). 370 (s. hereinafter referred to as the Council. based on their commitment to sustainable development concerns. structurally and functionally. The core members from government shall be composed of Secretaries of the following Departments as permanent principal members.
— The Council can call upon other government agencies and instrumentalities. Participation of Other Government Agencies in the Council. the composition of which shall be determined by the DirectorGeneral. created by virtue of Executive Order No. business and labor sector organizations to participate in Council business. is hereby adopted. in coordination with the local business and civil society. cooperation. Section 4. Region 11. Section 3. the composition of which shall be determined by the Civil Society Counterpart Council for Sustainable Development (CSCCSD). the Philippine Agenda 21 was formulated after an extensive and intensive process of coordination. of DENR • Alvarez filed an application for a Certificate of NonCoverage for its proposed project. Whereas. reorganize or abolish committees of the Council. labor and business sectors in operationalizing Philippine Agenda 21. In this regard. 9. Sec. 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. civil society. programs and projects and report on their progress and impacts to the PCSD.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. — 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. Department of Budget and Management (DBM). in his capacity as Sec. The LGUs. the City of Davao must undergo the environmental impact assessment (EIA) process to secure an Environmental Compliance Certificate (ECC). For this purpose. Major stakeholders from these sectors are thereby enjoined to adopt and implement the principles and action agenda contained in the Philippine Agenda 21. functions and limitations. Whereas. counterparting and consensus-building among the various • . the Council shall provide the coordinating and monitoring mechanisms for its implementation. 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. 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. 8. 6. Article 2. and instrumentalities are directed to adopt and translate the principles and action agenda contained in the Philippine Agenda 21 in their respective workplans. The Philippine Council for Sustainable Development shall oversee and monitor the operationalization of the Philippine Agenda 21. Section 6. Section 1. To perform such other acts which are necessary to carry out its mandated functions and responsibilities. Alvarez. 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 and healthful ecology in accord with the rhythm and harmony of nature. shall identify funding sources in implementing and monitoring the Philippine Agenda 21. The City of Davao Republic vs. local government units. All government agencies. and ruled that under the Environmental Impact Statement System. 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. Section 2. 15 (Series of 1992) is mandated to coordinate the formulation of Philippine Agenda 21. before it can proceed with the construction of its project Believing that it was entitled to a Certificate of NonCoverage. the Philippine Council for Sustainable Development (PCSD). ad-hoc or permanent. Budget. Funding. Role of the Department of Interior and Local Government (DILG) and the Local Government Units (LGUs) . 7. thus it was outside the scope of the EIS system. Labor and Business Sectors . 7. Secretariat. Adoption and Operationalization of the Philippine Agenda 21. and to which the Philippines is a signatory. The EMB Region 11 denied the application on ground that the proposed project was within an environmentally critical area. 399: DIRECTING THE OPERATIONALIZATION OF THE PHILIPPINE AGENDA 21 AND MONITORING ITS IMPLEMENTATION Cases Republic of the Philippines vs. it shall mobilize coordinating bodies including the Regional Development Councils (RDCs) and the local councils for sustainable development. the operationalization of the Philippine Agenda 21 shall provide the overall direction and serve as an enabling environment in achieving sustainable development. Whereas. stakeholders of society. To create. For this purpose. To establish a networking mechanism to link the Council with local and international organizations involved in sustainable development. business. civil society. The PCSD. if so warranted by conditions as may exist from time to time. and a Counterpart Secretariat. Sec. 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. departments. with the Environmental Management Bureau (EMB). — The Council shall be assisted by a Coordinating Secretariat which shall be based at the NEDA. as the national action agenda for sustainable development. where appropriate. and the National Economic and Development Authority (NEDA). Brazil in 1992. Collaborating Agencies. Whereas. Whereas. and to define their structure. including its meetings. and existing multistakeholder governance mechanisms. The Philippine Agenda 21. 6. programs and projects and the formulation of their respective Local Agenda 21. 5. the Davao Artica Sports Dome. Role of the Civil Society. Section 5. shall implement the Philippine Agenda 21 through the integration of sustainable development concerns in their respective plans. Overall Administration. MEMORANDUM ORDER NO. labor and other concerned entities/sectors. in the coordination with the Department of Finance (DOF). The PCSD shall coordinate with civil society.
Extraction of mangrove products 6. strong winds and storm floods. Proclamation No. which act as natural breakwater of coastlines. 4. cannot claim exemption from the coverage of PD 1586. Resource Extractive Industries Major mining and quarrying projects Forestry projects industries II. . is deemed excluded I. floods. Undoubtedly therefore. 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. 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. Grazing Fishery Projects 1. for which an Environmental Compliance Certificate is necessary. Iron and steel mills c. thus. Areas set aside as aesthetic potential tourist spots. watershed reserves. Petroleum and petro-chemical including oil and gas d. local government units are not excluded from the coverage of PD 1586. tapped for domestic purposes b. III. c. Smelting plants a. nuclear Environmentally Critical Areas 1. shall be by Presidential Proclamation. volcanic activity. Areas which are traditionally occupied by cultural communities or tribes.• The RTC granted the writ of mandamus and directed EMB to issue a Certificate of Non-Coverage. 9. and which shall fall within the scope of the Environmental Impact Statement System. Environmentally Critical Projects B. As a body politic endowed with governmental functions. is environmentally critical or within an environmentally critical area. PHILVOLCS. Areas of unique historic. which is the very same objective of PD 1586. with primary pristine and dense young growth. 1586. The Environmental Impact Statement System. within the controlled and/or protected areas declared by appropriate authorities c. In the case at bar. Further. which act as natural buffers against shore erosion. Pursuant to this. an LGU. the declaration of certain projects or areas as environmentally critical. c. a. 2. 2. Dikes for/and fishpond development projects Infrastructure Projects a. 7. cannot therefore be deemed as outside the scope of the EIS system This however presuppose that a project. Major dams b. Pursuant thereto. 5. 3. Mangrove areas characterized by one or any combination of the following conditions: a. A local government unit. They submitted Certification from the City Planning and Development Office. with 50% and above live coralline cover. as part of the machinery of the government. which ensures environmental protection and regulates certain government activities affecting the environment. 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. the TC in declaring local government units as exempt from the coverage of the EIS law. spawning and nursery grounds for fish. Major reclamation projects d. 6. Areas with critical slopes. b. 1 stated that the policy of the State is to attain an orderly balance between socio-economic growth and environmental protection. fueled. Water bodies characterized by one or any combination of the following conditions. Recharged areas of aquifers. the government and the private sectors. which support wildlife and fishery activities 11. Logging Major wood processing projects Introduction of fauna (exotic-animals) in public/private forests 4. archaeological. near or adjacent to traditional productive fry or fishing grounds. 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. an LGU has the duty to ensure the quality of the environment. characterized by one or any combinations of the following conditions: a. Areas classified as prime agricultural lands.. wildlife preserves and sanctuaries. adjoining mouth of major river systems. Major power plants (fossil-fueled. Sec. Areas frequently visited and/or hard-hit by natural calamities (geologic hazards. i. Section 4 of PD 1586 clearly states that “no person. All areas declared by law as national parks. 10. 3. Areas which constitute the habitat for any endangered or threatened species of indigenous Philippine Wildlife (flora and fauna). failed to relate Section 2 of PD 1586 to the several provision of the same law. hydroelectric or geothermal) c. etc. d. Major roads and bridges 1. not being an agency or instrumentality of the National Government.). of the Rules and Regulations Implementing PD 1586. 8. 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. or scientific interests. Heavy Industries a. Forest occupancy 5. 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. on which people are dependent for their livelihood.e. It ruled that there is nothing in the EIA System guidelines which requires LGUs to comply with the EIS law. Non-ferrous metal industries b. Under Article II. was established by Presidential Decree No. 12. Section 1. The local government units. b. like the City of Davao. it is a rule of statutory construction that every part must be read with other parts. CENRO-West in support thereof. typhoons. Coral reefs. c. e. b.
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. increasing the occupation drastically from 7. the present petition for certiorari. construction. demolition shall be effected. To effectively perform the role of the Authority under RA 4850. Big fishpen operators took advantage of the occasion to establish fishpens and fishcages to the consternation of the Authority. Owners of fishpens. industrial. Provided. The Artica Sports Dome in Langub does not come close to any of the projects or areas enumerated above. the performance of which can be compelled by writ of mandamus. 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. Also. cities and provinces encompassed by the term "Laguna de Bay Region".D. 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.A. 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.Environmentally Non-Critical Projects. However. Laguna Lake Development Authority vs CA RA 4850 was enacted creating the "Laguna Lake Development Authority. In view of the foregoing circumstances. navigation. cities and towns. 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. 5 percent goes to the Project Development Fund and the remaining 60 percent shall be retained by LLDA. fishcages and other aqua-culture structures advising them to dismantle their respective structures within 10 days from receipt thereof. combined with current and prospective uses of the lake for municipalindustrial water supply. All fishpens. Fishery Rentals. therefore. 149." One month. Hence. otherwise. irrigation. It is clear. The motions to dismiss were denied. the DENR has no choice but to issue the Certificate of Non-Coverage. TRO/writs of preliminary mandatory injunction were issued enjoining the LLDA from demolishing the fishpens and similar structures in question. if necessary. Consequently. after the implementation within the threeyear 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. Municipal governments thereupon assumed the authority to issue fishing privileges and fishpen permits. or within an environmentally critical area. 813 for violation of the same laws. and the like.000 ha in 1990 to almost 21. (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. such as that issued by the trial court in the case at bar. The LLDA filed motions to dismiss the cases against it on jurisdictional grounds. — All other projects. the Chief Executive issued EO 927 further defined and enlarged the functions and powers of the Authority and named and enumerated the towns. The National Environmental Protection Council. 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. fishcages and other aqua-culture structures declared as illegal shall. Unregulated fishpens and fishcages occupied almost one-third the entire lake water surface area. All fishpens. fish corrals and the like. Then came Republic Act No. and waste disposal purpose. (B) the LLDA charter does vest LLDA with quasi-judicial functions insofar as fishpens are concerned. without prejudice to demolition of their structures be criminally charged in accordance with Section 39-A of Republic Act 4850 as amended by P. prohibition and injunction. 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. fisheries. 2. PD 813 amended certain sections RA 4850 because of the concern for the rapid expansion of Metropolitan Manila. (D) in view of the aforesaid repeal.the LLDA or the towns and municipalities comprising the region . that the said project is not classified as environmentally critical. 3. 3. recreation. Collection of Fees. The fishpen owners filed injunction cases against the LLDA." This agency was supposed to accelerate the development and balanced growth of the Laguna Lake area and the surrounding provinces. municipal. and the sharing with other government agencies and political subdivisions. Fees and Charges (a) Municipalities shall have the exclusive authority to grant fishery privileges in the municipal waters and impose rental fees or charges therefor in accordance with the provisions of this Section. the Authority served notice to the general public that: “ 1. 1993 are hereby declared outrightly as illegal. Provided. the suburbs and the lakeshore towns of Laguna de Bay. except fishpen fee. and operation of fishpens. within the context of the national and regional plans and policies for social and economic development. 7160. All operators of fishpens. SEC. which will be shared in the following manner: 20 percent of the fee shall go to the lakeshore local governments. It becomes its ministerial duty. agricultural. thru the Ministry of Human Settlements may however require non-critical projects and undertakings to provide additional environmental safeguards as it may deem necessary. Neither is it analogous to any of them. 1234. fishcages and other aqua-culture structures should not be demolished/dismantled. It ruled that (A) LLDA is not among those quasi-judicial agencies of government appealable only to the Court of Appeals. 7160 provides: "Sec. irrigation. in the act. Meanwhile. 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.000 ha in 1995.should exercise jurisdiction over the Laguna Lake and its environs insofar as the issuance of permits for fishery privileges is concerned? Held: LLDA . The CA dismissed the LLDA’s consolidated petitions. fish enclosures. thereafter. the Authority sent notices to the concerned owners of the illegally constructed fishpens. shall be subject to the approval of the President of the Philippines upon recommendation of the Authority's Board. 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. Issue: Which agency of the Government . that the rates of the fees to be collected. the power to grant permits devolved to respective local government units concerned. fishcages and other aqua-culture structures in the Laguna de Bay Region. however. fishcages and other aqua-culture 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. 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.
including navigation. 4850 and Section 4 of Executive Order No. amended or altered by a subsequent general law by mere implication. oyster. of Republic Act No. conservation. The Local Government Code of 1991 does not contain any express provision which categorically expressly repeal the charter of the Authority. Court of Appeals. It has to be conceded that there was no intent on the part of the legislature to repeal Republic Act No. The Authority's pretense. 4850.Ratio: Section 4 (k) of RA 4850." Where there is a conflict between a general law and a special statute. and the ruling of this Court in Laguna Lake Development Authority vs. has not repealed the provisions of the charter of the LLDA. constitute one integrated delicate natural ecosystem that needs to be protected with uniform set of policies. RA 7160 has granted to the municipalities the exclusive authority to grant fishery privileges in municipal waters. provisions and application. 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 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. 4850 and its amendments. The implementation of a cohesive and integrated lake water resource management policy. unless the intent to repeal or alter is manifest. this Court holds that Section 149 of RA 7160. fish corrals and the like. RA 7160 is a general law. and Section 2 of EO 927. mussels or other aquatic beds or bangus fry area within a definite zone of the municipal waters. the Regional Trial Courts have jurisdiction. fishcages and other aqua-culture structures in Laguna de Bay.920 km2 basin or watershed transcending the boundaries of Laguna and Rizal provinces. "Specific Provisions On The Taxing And Other Revenue Raising Power of LGUs. the 8 major river tributaries and several other smaller rivers that drain into the lake. is necessary to conserve. 6 It does partake of the nature of police power which is the most pervasive. I. The 900 km lake surface water. It is a well-settled rule in this jurisdiction that "a special statute. 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. 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. and sustainable development. 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. The repeal of laws should be made clear and expressed." The power of the LGUs to issue fishing privileges was clearly granted for revenue purposes. fishcages and other aqua-culture structures in the Laguna de Bay area. Considering the reasons behind the establishment of the Authority. On actions necessitating the resolution of legal questions affecting the powers of the Authority as provided for in its charter. given to all enactments of the legislature. and operation of fishpens. series of 1983. therefore. if we are to be serious in our aims of attaining sustainable development. however. 927 provides for the proper sharing of fees collected. considering the provisions of Section 4 of Republic Act No. like any other single body of water has its own unique natural ecosystem. the 2. PRESIDENTIAL DECREE No. by virtue of the powers vested in me by the Constitution do hereby order and declare: . Republic Act No. FERDINAND E. 927. The special law is to be taken as an exception to the general law in the absence of special circumstances forcing a contrary conclusion. fish enclosures. MARCOS.” On the other hand. Book II. Thus. 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. THEREFORE. This is because implied repeals are not favored and as much as possible. although the terms of the general law are broad enough to include the cases embraced in the special law. The Sangguniang Bayan may grant fishery privileges to erect fish corrals. In view of the foregoing. 7160 under the heading. WHEREAS. NOW. A special law cannot be repealed. the special statute should prevail since it evinces the legislative intent more clearly that the general statute. 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. There should be no quarrel over permit fees for fishpens. is not repealed by a subsequent statute. 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. general in its terms. the provisions of PD 813. Section 3 of Executive Order No. protect and sustainably develop Laguna de Bay. 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. 1586: ESTABLISHING AN ENVIRONMENTAL IMPACT STATEMENT SYSTEM. as amended. Managing the lake resources would mean the implementation of a national policy geared towards the protection. In respect to the question as to whether the Authority is a quasi-judicial agency or not. INCLUDING OTHER ENVIRONMENTAL MANAGEMENT RELATED MEASURES AND FOR OTHER PURPOSES WHEREAS. otherwise known as the Local Government Code of 1991. navigational safety. This is an exhaustible natural resource-a very limited one-which requires judicious management and optimal utilization to ensure renewability and preserve its ecological integrity and balance. which are enviromental protection. It has to be conceded that the charter of the LLDA constitutes a special law. 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. President of the Philippines. there is every indication that the legislative intent is for the Authority to proceed with its mission. the least limitable and the most demanding of all State powers including the power of taxation. fishcages and other aqua-culture structures is for the purpose of effectively regulating and monitoring activities in the Laguna de Bay region and for lake quality control and management. the power of the Authority to grant permits for fishpens. 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. We are on all fours with the manifestation of LLDA that "Laguna de Bay. provided for a particular case or class of cases. construction. 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. 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. it is our holding that.
000. For the proper management of said critical project or area. consistent with the powers and responsibilities of the National Pollution Control Commission as provided in P. All Environmental Impact Statements shall be submitted to the National Environmental Protection Council for review and evaluation. the following rules and regulations are hereby promulgated. and (d) perform such other functions as may be directed by the President from time to time. (c) develop a program of environmental enhancement or protective measures against calamituous factors such as earthquake. ARTICLE I BASIC POLICY. Section 6. The President of the Philippines may. Environmentally Non-Critical Projects. for every proposed project and undertaking which significantly affect the quality of the environment.00) for every violation thereof. or of the standards. All other projects. Determination of Lead Agency. 42 issued by tile Office of the President on November 2. amended or modified accordingly. Proceeds from the penalties prescribed in the preceding Section 9 and other penalties imposed by the National Pollution Control Commission as authorized in P. at the discretion of the National Environmental Protection Council. rules and regulations inconsistent herewith are hereby repealed. 984 is hereby abolished and its powers and responsibilities are forthwith delegated and transferred to the Control of the National Environmental Protection Council. firms and entities. Section 5. No person. corporations or instrumentalities including the re-alignment of government personnel. No. undertakings and areas not declared by the President as environmentally critical shall be considered as non-critical and shall not be required to submit an environmental impact statement. The National Environmental Protection Council. There is hereby established an Environmental Impact Statement System founded and based on the environmental impact statement required. Environmental Impact Statement System. 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. 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. and their specific functions and responsibilities. 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. Presidential Proclamation of Environmentally Critical Areas and Projects. (b) establish ambient environmental quality standards. Section 4. 2002.D. water erosion and others. 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. by proclamation declare certain projects. Section 7. decrees.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. Section 9. including government-owned or controlled corporations. 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. on his own initiative or upon recommendation of the National Environmental Protection Council. or the terms and conditions in the issuance of the Environmental Compliance Certificate. as well as private corporations. 984. Presidential Proclamation No. undertakings or areas in the country as environmentally critical. the National Pollution Control Commission may be availed of as one of its implementing arms. 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 President may by his proclamation reorganize such government offices. Section 10. For this purpose. of all agencies and instrumentalities of the national government. the Ministry of Human Settlements shall: (a) prepare the proper land or water use pattern for said critical project(s) or area (s).D. OBJECTIVES AND DEFINITION OF TERMS Section 1. 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. Management and Financial Assistance. Basic Policy and Operating Principles Consistent with the principles of sustainable development. DENR Administrative Order No. 2146 defining the scope of the EIS System and pursuant to Administrative Order No. 1151 which shall have jurisdiction to undertake the preparation of the necessary environmental impact statements on declared environmentally critical projects and areas. 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. corporation or partnership found violating Section 4 of this Decree. The National Environmental Protection Council shall issue the necessary rules and regulations to implement this Decree. Secretariat. Section 8. Penalty for Violation. Section 11. 984. Rules and Regulations. Repealing Clause. 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. under Section 4 of Presidential Decree No. The following are the key operating principles in the implementation of the Philippine EIS System: .D. agencies. For the same purpose as above. Any person. 1586.D. 2003. Policy.D. 711 and P. floods. executive orders. OPERATING PRINCIPLES. 1234. institutions. thru the Ministry of Human Settlements may however require non-critical projects and undertakings to provide additional environmental safeguards as it may deem necessary. The Inter-Agency Advisory Council of the National Pollution Control Commission created under Section 4 of P. 1151. Section 2. shall be automatically appropriated into an Environment Revolving Fund hereby created as an exemption to P.Section 1. All other laws. Environmental Revolving Fund. Section 3.
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. located in contiguous areas.process that involves evaluating and predicting the likely impacts of a project (including cumulative impacts) on the environment during construction. the project is not covered by the EIS System and is not required to secure an ECC b. and to fund community-based environment related projects including. contingency and monitoring measures to enhance positive impacts and minimize negative impacts and risks of a . d. the proposed project or undertaking will not cause significant negative: environmental impact. which shall be assessed as part of the Environmental Compliance Certificate (ECC) application. but not limited to. It shall likewise be used to compensate parties and communities affected by the negative impacts of the project. prepared and submitted by the project proponent and/or EIA Consultant that serves as an application for an ECC. the following definitions shall be applied. Making the System more responsive to the demands and needs of the project proponents and the various stakeholders. within which an Environmental . a Review Committee. 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. i. and accurate disclosure of relevant: information by project proponents and. and in some cases. compensation. e.Compliance Certificate must be issued. g.projects. Certificate. and establishing measures to ensure adherence to ECC conditions by project proponents. Environmental Compliance Certificate (ECC). Environmental Impact Statement (EIS) . Environmental Guarantee Fund (EGF) . f. h.Surrounding air. a. based on the submitted project description. Environmental Impact Assessment (EIA) . based on concerns related to the project's environmental impacts. Assuring that critical environmental concerns are addressed during project development and implementation Section 3. d.a professional or group of professionals commissioned by the proponent to prepare the EIS/IEE and other related documents. other stakeholders in the EIA process f. c. The ECC contains specific measures and conditions that the project proponent has to undertake before and during the operation of a project. information and education and emergency preparedness programs. social acceptability is based on informed public participation. the project proponent and/or EIA Consultant. certifying that based on the representations of the proponent. 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. j. In some cases. water (both ground and surface). Environmentally Critical Project (ECP) . during the project's abandonment phase to mitigate identified environmental impacts. b. Standardizing requirements to ensure focus on critical environment parameters. 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. flora.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. Definition of Terms For the purpose of this Order. and e. c Environment . developed or.project or program that has high potential for significant negative environmental impact. It includes an Environmental Management Plan/Program that the proponent will fund and implement to protect the environment l. affected communities and other stakeholders. Project proponents are responsible for determining and disclosing all relevant information necessary for a methodical ' assessment of the environmental impacts of their projects. 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. e. k. g.document issued by the DENR/EMB after a positive review of an ECC application. coverage of the System and updating it to take into consideration industrial and technological innovations and trends c. Environmental Impact Assessment Review Committee (EIARC) . The process is undertaken by.document. among others. measures are effective. mitigation. operation or abandonment. Simplifying procedures for processing ECC applications. the person or group referred to may be the proponent's technical staff. Effective regulatory review of the EIS depends largely on timely full. Environmental Impact Assessment Consultant . The timelines prescribed by this Order. It is a comprehensive study of the significant impacts of a project on the environment.a certification issued by the EMB certifying that. (2) that the assessment is technically sound and proposed environmental mitigation. b. d. Environmentally Critical Area (ECA) . Environmental Management Plan/Program (EMP) . humans and their interrelations.fund to be set up by a project proponent which shall be readily accessible and disbursable for the immediate clean-up 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. and (3) that . operation and abandonment. of Non-Coverage . EMB. It also includes designing appropriate preventive. mitigating and enhancement measures addressing these consequences to protect the environment and the community's welfare. Co-located projects / undertakings. or denied. land. Section 2. The social acceptability of a project is a result of meaningful public participation. Clarifying the. or series of similar projects or a project subdivided to several phases and/or stages by the same proponent.section in the EIS that details the prevention. commissioning. implemented in it.a. fauna.area delineated as environmentally sensitive such that significant environmental impacts are expected if certain types of proposed projects or programs are located. 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 appropriate environmental protection and enhancement measures.
proposed project or undertaking. production system. ii. Project or Undertaking . commencing at the earliest possible stage. implementing. v. methods and systems employed in the creation of goods or providing services. and hh. EMS-based EMP .e. procedures. In determining the scope of the EIS System. conducted by EIAM Division at the EMB Central Office or Regional Office. Environmental Performance .any natural or juridical person intending to implement a project or undertaking. m. 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. processes.1 In general. o. Multipartite Monitoring Team (MMT) .3 The specific criteria for. i. products. responsibilities. Stakeholders . but with reduced details and depth of assessment and discussion t.entities who may be directly significantly affected by the project or undertaking. It is to be used for reviewing co-located and single projects under Category C. and community based process aimed at ensuring the social acceptability of a project or undertaking. w. gender-sensitive. mechanical or other processes.environmental management plan based on the environmental management system (EMS) standard as defined in the DAO 2003-14. and (ii) the sensitivity or vulnerability of environmental resources in the project area.assessment. determining projects or undertakings to be covered by the EIS System are as follows: a. Environmental Monitoring Fund (EMF) -fund that a proponent shall set up after an ECC is issued for its project or undertaking. the EMP can also be derived from an EMS. n. only projects that pose potential significant impact to the environment shall be required to secure ECC's. through the use of universally accepted and scientific methods. Secretary . Programmatic Environmental Impact Statement (PEIS) documentation of comprehensive studies on environmental baseline conditions of a contiguous area. ff. bb. For operating projects.the phase in the EIA process whereby the document submitted is subjected to technical evaluation by the EIARC.the Secretary of the DENR. rules and regulations. construction.refers to the EMB PEPP EMS as provided for under DAO 2003-14.2 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. Scope of the EIS System 4. Project Description (PD) . Characteristics of the project or undertaking • Size of the project . of risks associated with a project. Process Industry . Technology .. Proponent . prescribed by the DENR.g. regardless of scale or magnitude. Substantive Review . aa. which may also be a chapter in an EIS. tools. Social Acceptability . Environmental Management Systems (EMS) . The PEPRMP should also describe the effectiveness of current environmental mitigation measures and plans for performance improvement. operation and abandonment phases. practices. dd.community-based multi-sectoral team organized for the purpose of monitoring the proponent's compliance with ECC conditions. p. Initial Environmental Examination (IEE) Checklist Report simplified checklist version of an IEE Report. waste or pollution generation and control and the activities of a proposed project. 4. Environmental Risk Assessment (ERA) .open. failure.documentation of the actual cumulative environmental impacts and effectiveness of current measures for single projects that are already operating but without ECC's.any activity. use of raw materials and natural resources. It also includes an assessment of the carrying capacity of the area to absorb impacts from co-located projects such as those in industrial estates or economic zones (ecozones). q. z. For Category B-3 projects. of project design and development and continuing until post-assessment monitoring. Programmatic Environmental Performance Report and Management Plan (PEPRMP) . of containment or exposure to hazardous materials or situations.document. s. cc. Initial Environmental Examination (IEE) Report – document similar to an EIS.all the knowledge.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. that describes the nature. planning activities. two factors are considered: (i) the nature of the project and its potential to cause significant negative environmental impacts.an industry whose project operation stage involves chemical. Category A-3. EMP and applicable laws. 4. involving the broadest range of stakeholders. It focuses on determining the probability of occurrence of accidents and their magnitude (e.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. ARTICLE II ECC APPLICATION PROCEDURES PROCESSING AND APPROVAL Section 4. Y. Public Participation . ee. reviewing and maintaining an improved overall environmental performance. Scoping . In coordination with the Department of Trade and Industry (DTI) and other concerned government agencies. which may have significant impact on the environment. a checklist form of the EPRMP would suffice. the EMB is authorized to update or make appropriate revisions to the technical guidelines for EIS System implementation. processes and resources for developing. It shall be immediately accessible and easily disbursable. u. configuration. gg. Environmental Performance Report and Management Plan (EPRMP) . Procedural Review . which is a part of the overall management system of a project or organization that includes environmental policy.) r. transparent.phase in the ECC application review process to check for the completeness the required documents.documentation of actual cumulative environmental impacts of collocated projects with proposals for expansion.capability of proponents to mitigate environmental impacts of projects or programs. to be used to support the activities of the multipartite monitoring team. achieving. during the pre-construction. It includes a description of the use of human resources as well as activity timelines. organizational structure. as well as for Category D projects. x.
Matrix of the scoping agreement identifying critical issues and concerns.2. Projects that are not categorized as ECPs. the proponent has the option to secure a Programmatic ECC. and k. but which may cause negative environmental impacts because they are located in Environmentally Critical Areas (ECA's) Category C. Impact assessment focused on significant environmental impacts (in relation to project construction/commissioning. as validated by EMB. Other clearances and documents that may be determined and agreed upon during scoping. e. water. b. including the impact absorptive capacity of the environment c. Environmental Risk Assessment if determined by EMB as necessary during scoping. j. ECC application may be programmatic based on submission of a programmatic EIS. c. endangered or protected status • Conformity of the proposed project to existing land use. Proposals for Environmental Monitoring and Guarantee Funds including justification of amount. For ecozones. land. Executive Summary. 4.2. h.1 Documentary Requirements for Proponents ECC processing requirements shall focus on information needed to assess critical environmental impacts of projects . and environmental liability scheme. Other supporting documents and clearances that may be agreed during the scoping.3. Accountability statement of EIA consultants and the project proponent.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. Supporting documents. The total maximum processing time reckons from the acceptance of the ECC/CNC application for substantive review up to the issuance of the decision 5.2. The DENR/EMB shall limit to a maximum of two (2) official requests (in writing) to the project proponent for additional information. Environmental carrying capacity analysis.2.1.2 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. h. may require such. e. Environmental Impact Statement (EIS). Nature of the potential impact • Geographic extent of the impact and size of affected population • Magnitude and complexity of the impact • Likelihood. and proof of consultation with stakeholders. d. 5. Location of the Project • Vulnerability of the project area to disturbances due to its ecological importance.1. certificate of zoning viability and municipal land use plan. The EMB shall coordinate with relevant government agencies and the private sector to customize and update IEE Checklists to further streamline ECC processing. 4. Programmatic Environmental Report and Management Plan (PEPRMP). Project Description. The EMB-DENR. 4. Requirements for Securing Environmental Compliance Certificate (ECC) and Certificate of NonCoverage (CNC) 5. based on approved zoning or on national laws and regulations • Relative abundance. Environmental Management Program/Plan. Duties of the Environmental Management Unit to be created. Baseline environmental conditions focusing on the sectors (and resources) most significantly affected by the proposed action. but with reduced details of data and depth of assessment and discussion.1. c. 5. frequency. The EIS should contain at least the following: a. environmental management guidebook for locators. [-co-profiling of air. g. and relevant people aspects. 5. g. Processing requirements shall be customized based on the project categories. Environmental Management Plan to include allocation scheme for discharge of pollutants. . especially for small and medium enterprises. Projects intended to directly enhance environmental quality or address existing environmental problems not falling under Category A or B. which shall be made within the first 75% of the processing timeframe shown in Section 5. DENR employees are prohibited from taking part in the preparation of such documents. Environmentally Critical Projects (ECPs) with significant potential to cause negative environmental impacts Category B. including technical/socio-economic data used/generated. and reversibility of the impact The following are the categories of projects/undertakings under the EIS system: Category A. criteria for acceptance of locators. Initial Environmental Examination (IEE) Report IEE Report is similar to an EIS. 4. Category D. or locator-specific based on submission of project EIS by each locator. For co-located projects. however. Performance .4. Summary matrix of scoping agreements as validated by EMB. projects or undertakings to provide additional environmental safeguards as it may deem necessary. taking into account cumulative impacts. Environmental Risk Assessment (if found necessary during scoping). EIS Executive Summary. Project Description. Proposals for Environmental Monitoring & Guarantee Funds and terms of reference for the Multi-partite Monitoring Team. Programmatic Environmental Impact Statement (PEIS) The PEIS shall contain the following: a. when required. 5. Section 5. d. f.2. i.5 Projects under Category C are required submit Project Description.• • • • Cumulative nature of impacts vis-a-vis: other projects Use of natural resources Generation of waste and environment-related nuisance Environment-related hazards and risk of accidents b. Projects unlikely to cause adverse environmental impacts. duration. i. and j. quality and regenerative capacity of natural resources in the area.4 Proponents of co-located or single projects that fall under Category A and B are required to secure ECC. operation and decommissioning). f. It may be customized for different types of projects under Category B.6 Projects classified under Category D may secure a CNC. b.
EMS-based EMP. Project Description of the co-located projects.4.4. human settlements). Project Description. h. Capitalization and manpower requirement. environmental management guidebook for locators. Project Description. Programmatic Environmental Performance Report and Management Plan (PEPRMP). at a minimum. 5.5. 5.3. e. especially for small and medium enterprises. c. 5. the conduct of public hearing as part of the EIS review is mandatory unless otherwise determined by EMB. Project Description of the co-located projects. and relevant people aspects. b. For Category C projects. Detailed comparative.2. Summary of the environmental impacts of the undertaking. and environmental liability scheme. and c.5. Duties of the Environmental Management Unit to be created. b. i. Proposals for Environmental Monitoring & Guarantee Funds and terms of reference for the Multi-partite Monitoring Team.2.The PEPRMP shall contain the following: a. 5. g. forms part of the EIS review documentation. Executive Summary. The EIARC Report shall be written by the designated member of the EIARC and The EPRMP shall contain the following: a.2. along with the proposed mitigation and enhancement measures. Baseline conditions for critical environmental parameters. and j. Environmental Management Plan to include allocation scheme for discharge of pollutants. Environmental Risk Assessment (if found necessary during scoping). e. Environmental Management Plan Performance Report and d. An EMP based on the environmental management system framework and standard set by EMB. or how an existing environmental problem will be effectively solved or mitigated by the project. The PEPRMP shall contain the following: a. EIARC Report This report.2. topography. land. The report should contain at least the following: a. Acceptability of proposed EMP including the corresponding cost of mitigation. The documentation shall. 5. include the following: 5. Other supporting documents and clearances that may be agreed during the scoping. description of the process or manufacturing technology. Documentation of the actual environmental performance based on current/past environmental management measures implemented. [-co-profiling of air. Timelines for construction and commissioning .2. Proponents should initiate . b. 5. 5. b. and c. Summary matrix of scoping agreements as validated by EMB. c. c. 5.2.7. description of the proposed project expansion and/or process modification with corresponding material and energy balances in the case of process industries.6. Environmental carrying capacity analysis. EMP based on an environmental management system framework and standard set by EMB.4 Documentation Requirements for DENR-EMB 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.1. A detailed location map of the impacted site showing relevant features (e.3 Public Hearing 1 Consultation Requirements For projects under Category A-1. Key issues/concerns and the proponent's response to these.6. a listing of raw materials to be used. b. slope. Location and area covered. Documentation of the environmental performance based on the current/past environmental management measures implemented. 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.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. Detailed comparative. Review Process Report This is to be prepared by the EMB Central or EMB RO. All public consultations and public hearings conducted during the EIA process are to be documented. water. 5. Project Description. Documentation of compliance with procedural requirements. 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. Documentation of the environmental performance based on the current/past environmental management measures implemented. EMP based on an environmental management system framework and standard set by EMB. and f. a detailed description on how environmental efficiency and overall performance improvement will be attained. Environmental Performance Management Plan (EPRMP) The EPRMP shall contain the following: a.g. 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 B-3. Report and . c. b. c. Baseline conditions for critical environmental parameters. d. 5. to be prepared by the EIA Review Committee. Key bases for the decision on the ECC application. 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.2. d. Programmatic Environmental Impact Statement (PEIS) The PEIS shall contain the following: a. d.2. e. d. 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. type and volume of products and discharges: e. For process industries. a public hearing is not mandatory unless specifically required by EMB. EGF and EMF if required. f. For all other undertakings.4. e. criteria for acceptance of locators. An EMP based on an environmental management system framework and standard set by EMB. g. Project Description (PD) The PD shall be guided by the definition of terms and shall contain the following: a. Description of the project. b.
If an EIARC member dissents. including the required additional information. Monitoring of Projects with ECCs Post ECC monitoring of projects shall follow these guidelines. Otherwise. despite written request from EMB and despite an adequate period for the proponent to comply with the said requirement.3.2 Processing Timeframe 8. Serious errors in the review findings.1. Detailed assessment of the proposed mitigation and enhancement measures for the identified environmental impacts and risks. such as the terms of reference for the feasibility study and copies of the feasibility study report. It may be in the form of an Environmental Compliance Certificate or a Denial Letter. Key issues/concerns and the proponent's response to these. within one (1) year for Category A projects and six (6) months for Category B projects without having to pay processing and other fees. The proponent or any stakeholder may file an appeal to the following: Deciding Authority Where to file the appeal 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. The project proponent may resubmit its application.3.3. Provisions on automatic approval related to prescribed timeframes under AO 42 shall also apply for the processing of applications to amend ECCs. The ECC of a project not implemented within five years from its date of issuance is deemed expired. (ii) the carrying capacity of the environment. The reckoning date of project implementation is the date of ground breaking.1.1. the responsible authority (Secretary or EMB Director/ Regional Director). Section 9. The procedures to enable the processing of ECCICNC applications within the timeframes. A Denial Letter on the other hand shall specify the bases for the decision. within 15 days from receipt of such decision. c.4. 8. The ECC shall contain the scope and limitations of the approved activities. 5.2.2. and for ECCs issued pursuant to an EIS.3. file an appeal on the following grounds: a. Frivolous appeals shall not be countenanced. EMB may validate whether or not the EIS was integrated with project planning by requiring relevant documentary proofs. the processing shall not exceed sixty (60) working days. Appeal Any party aggrieved by the final decision on the ECC / CNC applications may. .signed by all the members within five days after the final review meeting. The decision shall nonetheless reflect a thorough assessment of impacts taking into consideration (i) the significance of environmental impacts and risks. No ECC shall be released until the proponent has settled all liabilities. as well as conditions to ensure compliance with the Environmental Management Plan.1 Manual of Procedures 8. Description of residual or unavoidable environmental impacts despite proposed mitigation measures. d.3. Section 8. Formulation of said procedures shall conform to the following guidelines. 8.3 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. If no decision is made within the specified timeframe. shall make a decision based on the available information so as to comply with the prescribed timeframe. EIS System Procedures 8. Documentation of compliance with technical/substantive review criteria. Recommended decision regarding the ECC application as well as proposed ECC conditions. The EMB shall study the potential application of EIA to policybased undertakings as a further step toward integrating and streamlining the EIS system. In cases where ECC issuance cannot be decided due to the proponent's inability to submit required additional information within the prescribed period. Section 6. Grave abuse of discretion on the part of the deciding authority.1. However. At a minimum the EIARC report should contain. 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. Requests for major changes to ECCs shall be decided upon by the deciding authority. based on the proponent's work plan as submitted to the EMB. 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. to institute effective environmental management measures. the processing of the amendment application shall not exceed thirty (30) working days. Other details on requirements for monitoring of projects with ECCs shall be stipulated in a procedural manual to be formulated by EMB. Decision Document This is an official letter regarding the decision on the application. fines and other obligations with DENR. Assessment of the proposed EMP (including risk reduction/management plan) and amounts proposed for the Environmental Guarantee Fund and the Environmental Monitoring Fund. b.3. 8. The Proponent shall have to apply for a new ECC if it intends to pursue the project. a.2. 8. the matter shall be treated as a new application. 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. 8. the EMB shall return the application to the proponent. 8. or b. The Manual of Procedures shall be updated as the need arises to continually shorten the review and approval/denial timeframes where feasible. For ECCs issued pursuant to an IEE or IEE checklist. the EMB may deny issuance of ECC if the proponent fails to submit required additional information critical to deciding on the ECC/CNC application. The ECC shall also specify the setting up of an EMF and EGF. 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. he or she must submit a memorandum to the EMB Director through the EIARC Chairman his or her reasons for dissenting. 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.2. 8.1. if applicable.2. including social acceptability measures. The ECC or Denial Letter shall be issued directly to the project proponent or its duly authorized representative. e. (iv) and the proponent's commitment. (iii) equity issues with respect to use of natural resources.2. and f. 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. 8. and receipt of the letter shall be properly documented.
there shall be a Systems Planning and Management Section. The EMB may opt to validate the said report. academic and professional organizations that can be tapped to train professionals in conducting EIA using training modules approved by EMB. and other sectors that may be identified during the negotiations. EIS Scoping. locally accredited NGOs/POs. The MMT shall submit a semi-annual monitoring report within January and July of each year. 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. the proponent. 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 shall formulate guidelines for operationalizing areabased or cluster-based MMT. It shall be composed of representatives from the EMB Central Office. and relevant government agencies identified by EMB. Section 13. The MMT shall be composed of representatives of the proponent and of stakeholder groups. a multi-partite monitoring team (MMT) shall be formed immediately after the issuance of an ECC. and (2) Program and Policy Level Systems Planning and Management Unit. The said proponent shall submit to EMB a copy of the audit findings and shall be held accountable for the veracity of the report. The Bureau may also develop guidelines for delegating. consistent with provisions of DAO 2003-14 on the Philippine Environmental Partnership Program. Accreditation System To enhance the quality of the EIS submitted to the DENR/EMB. respectively. ARTICLE 1V MISCELLANEOUS PROVISIONS Section 10. The implementation of the plan shall be verified by EMB. concerned LGUs. The EMB shall also work with DTI-BPS for an accreditation system for environmental and EMS auditors.4 Abandonment For projects that shall no longer be pursued. and representatives of concerned stakeholders. 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.1 The EIA Evaluation Section shall be in charge of screening projects for coverage under the EIS System. and evaluation of ECC applications. for screening for coverage. EMB Regional Office. 9. affected communities. or an EMS-based EMP. This section shall also be responsible for technical coordination with the EIA Division in the different EMB Regional Offices. and evaluation of EIS's and IEE's submitted for ECC issuance. Coordination with other Agencies and other Organizations Government . experts from the academe and representatives from relevant government agencies as members of the EIA Review Committee as may be deer 31d necessary. the operations of MMT may be terminated immediately after construction or after a reasonable period during implementation. an abandonment/decommissioning plan shall be submitted for approval by EMB at least six (6) months before the planned abandonment/decommissioning. Section 12. The information system shall include regular updating of the status of ECC applications through a website and through other means.9. An EGF Committee shall be formed to manage the fund.1 Multipartite Monitoring Team For projects under Category A. Creation of an HAM Division and Strengthening of Review and Monitoring Capability In order to effectively implement the provisions of this administrative order. Proponents required to establish an MMT shall put up an Environmental Monitoring Fund (EMF) not later than the initial construction phase of the project. The President shall be apprised of the issues raised as well as the actions taken by DENR to address these issues whenever necessary. The organizational structure of the EMB Central Office is in Annex 1.2 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. continual improvement of the technical capability of the Staff of the EIA Division shall be undertaken. EPRMP. including representatives from concerned LGU's. For projects that have already commenced implementation. ARTICLE Ill STRENGTHENING PHILIPPINE EIS SYSTEM THE IMPLEMENTATION OF THE The DENR-EMB shall conduct regular consultations with DTI and other pertinent government agencies. The team shall be tasked to undertake monitoring of compliance with ECC conditions as well as the EMP. 13.3 In the EMB Central Office. 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 postECC monitoring shall be converted to a full-pledged Environmental Impact Assessment and Management Division (EIAMD). The EMB may commission independent professionals. 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.2 Self-monitoring and Third Party Audit The proponent shall also conduct regular self-monitoring of specific parameters indicated in the EMP through its environmental unit. the proponent should inform EMB to relieve the former from the requirement for continued compliance with the ECC conditions. 13. Further. 9. 9. It shall have three units responsible. EMB Regional Office. relevant government agencies. Section 11. The proponent's environmental unit shall submit a semi-annual monitoring report within January and July of each year.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. concerned EMB Regional Office. monitoring responsibilities to other relevant government agencies as may be deemed necessary. the community. For projects with ECCs issued based on a PEPRMP. An integrated MOA on the MMT-EMF-EGF shall be entered into among the EMB Central Office. The section shall have two units responsible for specific systems level concerns: (1) Project Level Systems Planning and Management Unit. the EMB shall establish an accreditation system for individual professionals. Information Systems Improvement The information system on the EIS System implementation shall be improved for the effective dissemination of information to the public. EIS Scoping. The Division shall have the following structure and functions: 13.
D. Sec. LANDS TO WHICH IT REFERS. the Director of Lands shall have direct executive control of the survey. declare lands of the public domain open to disposition before the same have had their boundaries established or been surveyed. and his decisions as to questions of fact shall be conclusive when approved by the Secretary of Agriculture and Commerce. classification. Sec. 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. AND OFFICERS CHARGED WITH ITS EXECUTION . The President. transfer lands from one class to another. Subject to said control. being privately owned. 6. However. AND SURVEY OF LANDS OF THE PUBLIC DOMAIN. Sec. instructions. Fees All proponents. Details of the Fines and Penalty Structure shall be covered by a separate order. AND CLASSIFICATION. 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. DELIMITATION. (b) Timber. Fines. shall from time to time declare what lands are open to disposition or concession under this Act. DELIMITATION. with the approval of the Secretary of Agriculture and Commerce shall prepare and issue such forms. Section 15. Section 17. For the purpose of their administration and disposition. surveyed. have ceased to be so However. 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. No. The proponent shall shoulder the cost of reviewing the EIS. the President. having been reserved or appropriated. existing guidelines which are consistent with the provisions of this Order shall remain in effect. DAO 2000-05 and other related orders. and (c) Mineral lands. Sec. as may be necessary and proper to carry into effect the provisions thereof and for the conduct of proceedings arising under such provisions. shall from time to time classify the lands of the public domain into (a) Alienable or disposable. Per AU 42. which administration and disposition shall be governed by the laws at present in force or which may hereafter be enacted. 1586. Sec. for the same reason. Department Administrative Order No. CHAPTER II CLASSIFICATION. FOR THE CONCESSION THEREOF Sec. Sec. and may at any time and in a like manner transfer such lands from one class to another. or may. and its Implementing Rules and Regulations. charitable. C. at any time and in a similar manner. 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. shall from time to time make the classifications provided for in this section. Adequate resources shall be provided for the formulation of the Procedural Manual and for the effective implementation of this Order. 5. 200037. adequate funding should be provided under the annual General Appropriations Act. or other similar purposes (d) Reservations for town sites and for public and quasi-public uses. Repealing Clause This Order hereby supersedes Department Administrative Order No. as shown in Annex 2. The President. rules. For the purposes of the administration and disposition of alienable or disposable public lands. and regulations consistent with this Act. who shall act under his immediate control. Budget Allocation For the effective implementation of this order. and may. nor in any manner become private property. upon the recommendation of the Secretary of Agriculture and Commerce. 9. 141 : AN ACT TO AMEND AND COMPILE THE LAWS RELATIVE TO LANDS OF THE PUBLIC DOMAIN TITLE I TITLE AND APPLICATION OF THE ACT. upon recommendation by the Secretary of Agriculture and Commerce. An appeal or any motion seeking to lift the CDO shall not stay its effectivity. for reasons of public interest. 96-37. Only those lands shall be declared open to disposition or concession which have been officially delimited and classified and. 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. 8. 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. 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. nor appropriated by the Government. During the period that that the Procedural Manual and other necessary guidelines are being prepared. the lands of the public domain alienable or open to disposition shall be classified. the DENR shall act on such appeal or motion within ten (10) working days from filing. sale or any other form of concession or disposition and management of the lands of the public domain. The provisions of this Act shall apply to the lands of the public domain. Such CDO shall be effective immediately.Section 14. as follows: (a) Agricultural (b) Residential commercial industrial or for similar productive purposes (c) Educational. according to the use or purposes to which such lands are destined. 7. the new position items for the EIA Division shall be created out of the existing budget and vacant position items within the government service. AND SURVEY . Sec.THEREOF FOR CONCESSION CHAPTER I SHORT TITLE OF THE ACT. Section 16. for the purposes of their administration and disposition. which are inconsistent herewith. and which have not been reserved for public or quasi-public uses. which shall be reclassified accordingly. lease. Section 18.A. the President may. 2. upon submission of the IEEIEIS and application for amendment. 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. 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. Penalties And Sanctions The EMB Central Office or Regional Office Directors shall impose penalties upon persons or entities found violating provisions of P. have reverted to or become the property of the Commonwealth of the Philippines. LANDS TO WHICH IT APPLIES. when practicable. The Director of Lands. 3. or which. 4.
The permit shall be for a term of one year. Any citizen of the Philippines over the age of eighteen years. the Director of Lands may cancel the entry. may enter a homestead of not exceeding twenty-four hectares of agricultural land of the public domain. That partnerships shall be entitled to purchase not to exceed one hundred and forty-four hectares for each member thereof. Not more than one homestead entry shall be allowed to any one person. who does not own more than twenty-four hectares of land in the Philippines or has not had the benefit of any gratuitous allotment of more than twenty-four hectares of land since the occupation of the Philippines by the United States. including the portion for which a permit was granted to him. sixty days after such delinquency has occurred. may purchase any tract of public agricultural land disposable under this Act. 21. may be allowed another homestead which. with its boundaries and area. as entry fee. 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. otherwise the land shall be again open to disposition at the expiration of the permit. or voluntarily abandoned the land for more than six months at any one time during the years of residence and occupation herein required. or in a municipality adjacent to the same. If at any time after the approval of the application and before the patent is issued.Sec. shall forward them to the provincial treasurer. then the applicant. then. 17. The period within which the land shall be cultivated shall not be less than one or more than five years. that he has resided continuously for at least one year in the municipality in which the land is located. Sec. shall mean any of the methods authorized by this Act for the acquisition. use. due notice. It shall be an essential condition that the applicant for the permit cultivate and improve the land. or benefit of the lands of the public domain other than timber or mineral lands. 16. If at the date of such notice. it shall be proven to the satisfaction of the Director of Lands. Sec. Any citizen of lawful age of the Philippines. and if such cultivation has not been begun within six months from and after the date on which the permit was received. In case of delinquency of the applicant. 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. Sec. the applicant shall prove to the satisfaction of the Director of Lands. 11. by proceeding as prescribed in this chapter: Provided. in turn. 12. Philippine currency. The words “alienation. the Director of Lands. however. 20. after due notice to the homesteader. 10. 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. Sec. If at any time before the expiration of the period allowed by law for the making of final proof. within the said period. and which is organized and constituted under the laws of Philippines. Any person who has so transferred his rights may not again apply for a new homestead. stating therein the name and address of the homesteader. and that he has complied with all the requirements of this Act. Sec. if he finds that the application should be approved. CHAPTER IV SALE Sec. the applicant shall prove to the satisfaction of the Director of Lands that he has complied with all the requirements of the law. 22. 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. 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. 14. At the option of the applicant. Within six months from and after the date of the approval of the application. 19. TITLE II AGRICULTURAL PUBLIC LANDS CHAPTER III FORMS OF CONCESSION OF AGRICULTURAL LANDS Sec. shall do so and authorize the applicant to take possession of the land upon the payment of five pesos. payment of the fees required in this chapter may be made to the municipal treasurer of the locality. he shall be entitled to a patent. or “concession” as used in this Act. The applicant shall. Public lands suitable for agricultural purposes can be disposed of only as follows. the permit shall be cancelled. but cannot continue with his homestead. may again acquire a homestead. Any non-Christian Filipino who has not applied for a home-stead. For each permit the sum of one peso shall be paid. Sec. and shall make affidavit that no part of said land has been alienated or encumbered. that the land entered is under the law not subject to home-stead entry. Sec. the area of which shall not exceed four hectares. the holder of the permit shall apply for a homestead under the provisions of this chapter. and has cultivated at least one-fifth of the land continuously since the approval of the application. or has otherwise failed to comply with the requirements of this Act. . as final fee. In case the homesteader shall suffer from mental alienation. the applicant shall begin to work the homestead. the description of the land. or that the homesteader has actually changed his residence. 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. lease. 13. Provided. That any previous homesteader who has been issued a patent for less than twenty-four hectares and otherwise qualified to make a homestead entry. who. Before final proof shall be submitted by any person claiming to have complied with the provisions of this chapter. and the name of the officer before whom. 15. Sec. such proof will be made. the Director of Lands may. 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. the names of the witness by whom it is expected that the necessary facts will be established. or the head of a family. he shall have the priority. 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. 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). Sec. and immediately after such transfer. from and after the date of the approval of the application. 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. through no fault of his own. “‘disposition. together with his previous homestead shall not exceed an area of twenty-four hectares. 18. otherwise he shall lose his prior right to the land. and that the conveyance is not made for purposes of speculation. notify the Director of Lands as soon as he is ready to acquire the title. Upon the filing of an application for a homestead. or shall for any other reason be incapacitated from exercising his rights personally. 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. and corporate bodies organized in the Philippines authorized under their charters to do so. as prescribed by the Secretary of Agriculture and Commerce shall be given to the public of his intention to make such proof. and any such citizen not of lawful age who is a head of a family. If at the expiration of this term or at any time prior thereto. and the time and place at which. upon the payment of five pesos. the person legally representing him may offer and submit the final proof on behalf of such incapacitated person. and there is a bona fide purchaser for the rights and improvements of the applicant on the land.
Sec. 23. No person, corporation, association, 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, which is at the time or was originally, really or presumptively, of the public domain, or any permanent improvement thereon, or any real right on such land and improvement: Provided, however, That persons, corporations, associations or partnerships which, at the date upon which the Philippine Constitution took effect, held agricultural public lands or land of any other denomination, that belonged originally, really or presumptively, to the public domain, or permanent improvements on such lands, or a real right upon such lands and Constitution took improvements, having acquired the same under the laws and regulations in force at the date of such acquisition, shall be authorized to continue holding the same as if such persons, corporations, associations, or partnerships were qualified under the last preceding section; but they shall not encumber, convey, or alienate the same to persons, corporations, associations, or partnerships not included in section twenty-two of this Act, except by reason of hereditary succession, duly legalized and acknowledged by competent courts. Sec. 24. Lands sold under the provisions of this chapter must be appraised in accordance with section one hundred and sixteen of this Act. 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, and in two newspapers one published in Manila and the other published in the municipality or in the province where the lands are located, or in a neighboring province, and the same notice shall be posted on the bulletin board of the Bureau Of Lands in Manila, and in the most conspicuous place in the provincial building and the municipal building of the province and municipality, respectively, where the land is located, and, if practicable, on the land itself; but if the value of the land does not exceed two hundred and forty pesos, the publication in the Official Gazette and newspapers may be omitted. The notices shall be published one in English and the other in Spanish or in the local dialect, 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, or public bids will be called for, or other action will be taken as provided in this chapter. Sec. 25. 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, as amended, and who have resided on the land applied for at least two years prior to the date of the application. All bids must be sealed and addressed to the Director of Lands and must have enclosed therewith cash or certified check, treasury warrant, or post-office money order payable to the order of the Director of Lands for ten per centum of the amount of the bid, which amount shall be retained in case the bid is accepted as part payment of the purchase price: Provided, That no bid shall be considered the amount of which is less than the appraised value of the land. In addition to existing publication requirements in section twenty-four of Commonwealth Act Numbered one hundred forty-one, as amended, 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, one of which shall be at the municipal building, and other, in the barrio council building of the barrio where the land is located. Sec. 26. Upon the opening of the bids, the land shall be awarded to the highest bidder. If there are two or more equal bids which are higher than the others, and one of such equal bids is that of the applicant, his bid shall be accepted. If, however, the bid of the applicant is not one of such equal and higher bids, the Director of Lands shall at once submit the land for public bidding, and to the person making the highest
bid on such public auction the land shall be awarded. In any case, the applicant shall always have the option of raising his bid to equal that of the highest bidder, and in this case the land shall be awarded to him. No bid received at such public auction shall be finally accepted until the bidder shall have deposited ten per centum of his bid, as required in Section twenty-five of this Act. In case none of the tracts of land that are offered for sale or the purchase of which has been applied for, has an area in excess of twenty-four hectares, the Director of Lands may delegate to the District Land Officer concerned the power of receiving bids, holding the auction, and proceeding in accordance with the provisions of this Act, but the District Land Officer shall submit his recommendation to the Director of Lands, for the final decision of the latter in the case. 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. Sec. 27. 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, may be paid in full upon the making of the award, or in not more than ten equal annual installments from the date of the award. Sec. 28. The purchaser shall have not less than one-fifth of the land broken and cultivated within five years after the date of the award; and before any patent is issued, the purchaser must show of occupancy, cultivation, and improvement of at least one-fifth of the land applied for until the date on which final payment is made: Provided, however, That in case land purchased is to be devoted to pasture, 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 one-half of the entire area at the rate of one head per hectare. Sec. 29. After title has been granted, the purchaser may not, within a period of ten years from such cultivation or grant, convey or encumber or dispose said lands or rights thereon to any person, corporation or association, without prejudice to any right or interest of the Government in the land: Provided, That any sale and encumbrance made in violation of the provisions of this section, 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, and all payments on the purchase price theretofore made to the Government shall be forfeited. Sec. 30. If at any time after the date of the award and before the issuance of patent, it is proved to the satisfaction of the Director of Lands, after due notice to the purchaser, that the purchaser has voluntarily abandoned the land for more than one year at any one time, or has otherwise failed to comply with the requirements of the law, then the land shall revert to the State, and all prior payments made by the purchaser and all improvements existing on the land shall be forfeited. Sec. 31. No person, corporation, association, or partnership shall be permitted, after the approval of this Act, to acquire the title to or possess as owner any lands of the public domain if such lands, added to other lands belonging to such person, corporation, association, or partnership shall give a total area greater than area the acquisition of which by purchase is authorized under this Act. Any excess in area over this maximum and all right, title, interest, claim or action held by any person, corporation, association, or partnership resulting directly or indirectly in such excess shall revert to the State. This section shall, however, not be construed to prohibit any person, corporation, association, 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; but in this case, as soon as the excess above referred to occurs, such person, corporation, association, or partnership shall dispose of such lands within five years, for the purpose of removing the excess mentioned. Upon the land in excess of the limit there shall be paid, so long as the same is not disposed of, for the first year a surtax of fifty per centum additional to the ordinary tax to which such property shall be subject, and for each succeeding year fifty per centum shall
be added to the last preceding annual tax rate, until the property shall have been disposed of. The person, corporation, association, or partnership owning the land in excess of the limit established by this Act shall determine the portion of land to be segregated. At the request of Secretary of Agriculture and Commerce, 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, as well as the disposal of such portion in the exclusive interest of the Government. Sec. 32. This chapter shall be held to authorize only one purchase of the maximum amount of land hereunder by the same person, corporation, association, or partnership; and no corporation, association, or partnership, any member of which shall have received the benefits of this chapter or of the next following chapter, either as an individual or as a member of any other corporation, association, or partnership, shall purchase any other lands of the public domain under this chapter. But any purchaser of public land, after having made the last payment upon and cultivated at least one-fifth of the land purchased, if the same shall be less than the maximum allowed by this Act, may purchase successively additional agricultural public land adjacent to or not distant from the land first purchased, until the total area of such purchases shall reach the maximum established in this chapter: Provided, That in making such additional purchase or purchases, the same conditions shall be complied with as prescribed by this Act for the first purchase. CHAPTER V LEASE Sec. 33. Any citizen of lawful age of the Philippines, 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, and which is organized and constituted under the laws of the Philippines, 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 twenty-four hectares. If the land leased is adapted to and be devoted for grazing purposes, an area not exceeding two thousand hectares may be granted. No member, stockholder, of officer, representative, attorney, agent, employee or bondholder of any corporation or association holding or controlling agricultural public land shall apply, directly or indirectly, for agricultural public land except under the homestead and free patent provisions of this Act: Provided, That no lease shall be permitted to interfere with any prior claim by settlement or occupation, until the consent of the occupant or settler is first had, or until such claim shall be legally extinguished, and no person, corporation, 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 the business for which it was lawfully created and which it may lawfully pursue in the Philippines, if an association or corporation. Sec. 34. 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, in section twenty-four of this Act. Sec. 35. All bids must be sealed and addressed to the Director of Lands and must have enclosed therewith cash or a certified check, Treasury warrant, or post-office money order payable to the order of the Director of Lands, for a sum equivalent to the rental for at least, the first three months of the lease: Provided, That no bid shall be considered in which the proposed annual rental is less than three per centum of the value of the land according to the appraisal made in conformity with section one hundred and sixteen of this Act. Sec. 36. 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, That no bid shall be accepted until the bidder shall have deposited the rental for at least the first three months of the lease.
Sec. 37. The annual rental of the land leased shall not be less than three per centum of the value of the land, according to the appraisal and reappraisal made in accordance with section one hundred sixteen of this Act; except for lands reclaimed by the Government, which shall not be less than four per centum of the appraised and reappraised value of the land: Provided, 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, further, 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. But if the land leased is adapted to and be devoted for granting purposes, the annual rental shall be not less than two per centum of-the appraised and reappraised value thereof- 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, if the term of the same shall be in excess of ten years. In case the lessee is not agreeable to the reappraisal and prefers to give up his contract of lease, he shall notify the Director of Lands of his desire within the six months next preceding the date on which the reappraisal takes effect, and in case his request is approved, the Director of Lands may, if the lessee should so desire, proceed in accordance with section one hundred of this Act. Sec. 38. Leases shall run for a period of not more than twenty-five years, but may be renewed once for another period of not to exceed twenty-five years, in case the lessee shall have made important improvements which, in the discretion of the Secretary of Agriculture and Commerce justify a renewal. Upon the final expiration of the lease, all buildings and other permanent improvements made by the lessee, his heirs, executors, administrators, successors, or assigns shall become the property of the Government, and the land together with the said improvements shall be disposed of in accordance with the provisions of chapter five of this Act. Sec. 39. 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, however, That in case the land leased is to be devoted to pasture, 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. Sec. 40. The lessee shall not assign, encumber, or sublet his rights without the consent of the Secretary of Agriculture and Commerce, and the violation of this condition shall avoid the contract: Provided, That assignment, encumbrance, or subletting for purposes of speculation shall not be permitted in any case: Provided, further, That nothing contained in this section shall be understood or construed to permit the assignment, encumbrance, or subletting of lands leased under this Act, or under any previous Act, to persons, corporations, or associations which under this Act, are not authorized to lease public lands. Sec. 41. 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. Nor shall such lease confer the right to remove or dispose of stone, oil, coal, salts. or other minerals, or medicinal mineral waters existing upon the same. The lease as to the part of the land which shall be mineral may be canceled by the Secretary of Agriculture and Commerce, after notice to the lessee, whenever the said part of the land is more valuable for agricultural purposes. 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. Sec. 42. After having paid rent for at least the first two years of the lease, and having complied with the requirements prescribed in section thirty nine, the lessee of agricultural
public land with an area than the maximum allowed by law, may lease successively additional agricultural public land adjacent to or near the land originally leased until the totalarea of such leases shall reach the maximum established in this chapter: Provided, That in making such additional lease, the same conditions shall be complied with as prescribed by this Act for the first lease. Sec. 43. During the life of the lease, any lessee who shall have complied with all the conditions thereof and shall have the qualifications required by section twenty-two, shall have the option of purchasing the land leased subject to the restrictions of chapter five of this Act. CHAPTER VI FREE PATENTS Sec. 44. Any natural-born citizen of the Philippines who is not the owner of more than twenty-four hectares and who since July fourth, nineteen hundred and twenty-six or prior thereto, has continuously occupied and cultivated, either by himself or through his predecessors-in-interest, a tract or tracts of agricultural public lands subject to disposition, or who shall have paid the real estate tax thereon while same has not been occupied by any person shall be entitled, under the provisions of this chapter, to have a free patent issued to him for such tract or tracts of such land not to exceed twenty-four hectares. A member of the national cultural minorities who has continuously occupied and cultivated, either by himself or through his predecessors-in-interest, a tract or tracts of land, whether disposable or not since July 4, 1955, shall be entitled to the right granted in the preceding paragraph of this section: Provided, 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 Sec. 45. The President of the Philippines (Prime Minister), upon recommendation of the Secretary of Natural Resources, shall from time to time fix by proclamation the period which applications for Proclamation free patents may be filed in the district, chartered city, of period province, municipality or region specified in such proclamation, and upon the expiration of the period so designated, unless the same be extended by the President (Prime Minister) all the land comprised within such district, chartered city, province, 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. The time to be fixed in the entire Archipelago for the filing of applications under this Chapter shall not extend beyond December 31, 1987, except in the provinces of Agusan del Norte, Agusan del Sur, Cotabato, South Cotabato, Bukidnon, Lanao del Norte, Lanao del Sur, Davao del Norte, Davao del Sur, Davao Oriental, Sulu, Mt. Province, Benguet, Kalinga-Apayao, and Ifugao where the President of the Philippines, upon recommendation of the Secretary of Natural Resources, shall determine or fix the time beyond which the filing of applications under this Chapter shall not extend. The period fixed for any district, chartered city, province, 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, province or municipality concerned. 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, the municipal board or city council and barangay council affected, 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. It shall moreover, be announced by government radio whenever available, in each of the barrios of the municipality. Sec. 46. If, after the filing of the application and the investigation, 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, he shall cause
a patent to issue to the applicant or his legal successor for the tract so occupied and cultivated, provided its area does not exceed twenty-four hectares: Provided, 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. CHAPTER VII JUDICIAL CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLES Sec. 47. The persons specified in the next following section are hereby granted time, not to extend beyond December 31, 1987 within which to take advantage of the benefit of this chapter: Provided, That this extension shall apply only where the area applied for does not exceed 144 hectares. Provided, 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, 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. Sec. 48. The following-described citizens of the Philippines, occupying lands of the public domain or claiming to own any such lands or an interest therein, but whose titles have not been perfected or completed, 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, under the Land Registration Act , to wit: (a) Those who prior to the transfer of sovereignty from Spain to the prior United States have applied for the purchase, 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, but have with or without default upon their part, or for any other cause, not received title therefor, if such applicants or grantees and their heirs have occupied and cultivated said lands continuously since the filing of their applications. (b) Those who by themselves or through their predecessors in interest have been in open, continuous, exclusive, and notorious possession and occupation of agricultural lands of the public domain, under a bona fide claim of acquisition or ownership, for at least thirty years immediately preceding the filing of the application for confirmation of title except when prevented by war or force majeure. 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. (c) Members of the national cultural minorities who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation of lands of the public domain suitable to agriculture, whether disposable or not, under a bona fide claim of ownership for at least 30 years shall be entitled to the rights granted in sub-section (b) hereof. Sec. 49. 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. Sec. 50. Any person or persons, or their legal representatives or successors in right, claiming any lands or interest in lands under the provisions of this chapter, must in every case present an application to the proper Court of First Instance, 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 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, 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. 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 under Spanish laws, it shall specify as exactly as possible the date and form of
application for purchase composition or other form of grant, the extent of the compliance with the conditions required by the Spanish laws and royal decrees for the acquisition of legal title, and if not fully complied with, the reason for such noncompliance, 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; the use made of the land, and the nature of the enclosure, if any. The fees provided to be paid for the registration of lands under the Land Registration Act shall be collected from applicants under this chapter. Sec. 51. 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, except that a notice of all such applications, together with a plan of the lands claimed, shall be immediately forwarded to the Director of Lands, who may appear as a party in such cases: Provided, That prior to the publication for hearing, all of the papers in said case shall be transmitted papers by the clerk to the Solicitor General or officer acting in his stead, in order that he may, if he deems it advisable for the interests of the Government, investigate all of the facts alleged in the application or otherwise brought to his attention. The Solicitor-General shall return such papers to the clerk as soon as practicable within three months. 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. Sec. 52. In cadastral proceedings, instead of an application, an answer or claim may be filed with the same effect as in the procedure provided in the last preceding two sections. Sec. 53. It shall be lawful for the Director of Lands, whenever in the opinion of the President the public interests shall require it, to cause to be filed in the proper Court of First Instance, through the Solicitor-General or the officer acting in his stead, a petition against the holder, claimant, possessor, or occupant of any land who shall not have voluntarily come in under the provisions of this chapter or of the Land Registration Act, stating in substance that the title of such holder, claimant, possessor, or occupant is open to discussion; or that the boundaries of any such land which has not been brought into court as aforesaid are open to question; or that it is advisable that the title to such lands be settled and adjudicated, and praying that the title to any such land or the boundaries thereof or the right to occupancy thereof be settled and adjudicated. The judicial proceedings under this section shall be in accordance with the laws on adjudication of title in cadastral proceedings. Sec. 54. 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, 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, but if none of said person is entitled to the land, 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, the decision shall be in favor of the Government. Sec. 55. Whenever, 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, it shall appear that had such claims been prosecuted to completion under the laws prevailing when instituted, and under the conditions of the grant then contemplated, the conveyance of such land to the applicant would not have been gratuitous, but would have involved payment therefor to the Government, then and in that event the court shall, after decreeing in whom title should vest, further determine the amount to be paid as a condition for the registration of the land. 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. Upon payment to the Director of Lands of the price specified in the judgment, 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. If said person shall fail to pay the amount of money required by the decree within a reasonable time fixed in the same, 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. Sec. 56. Whenever any judgment of confirmation or other decree of the court under this chapter shall become final, the clerk of the court concerned shall certify that fact to the Director of Lands, 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. Sec. 57. No title or right to, or equity in, any lands of the public domain may hereafter be acquired by prescription or by adverse possession or occupancy, or under or by virtue of any law in effect prior to American occupation, except as expressly provided by laws enacted after said occupation of the Philippines by the United States. TITLE III LANDS FOR RESIDENTIAL, COMMERCIAL OR INDUSTRIAL PURPOSES AND OTHER SIMILAR PURPOSES CHAPTER VIII CLASSIFICATION AND CONCESSION OF PUBLIC LANDS SUITABLE FOR RESIDENCE, COMMERCE AND INDUSTRY Sec. 58. Any tract of land of the public domain which, being neither timber nor mineral land, is intended to be used for residential purposes or for commercial, industrial, or other productive purposes other than agricultural, and is open to disposition or concession, shall be disposed of under the provisions of this chapter and not otherwise. Sec. 59. The lands disposable under this title shall be classified as follows: (a) Lands reclaimed by the Government by dredging, filing, or other means; (b) Foreshore; (c) Marshy lands or lands covered with water bordering upon the shores or banks of navigable lakes or rivers; (d) Lands not included in any of the foregoing classes. Sec. 60. Any tract of land comprised under this title may be leased or sold, as the case may be, to any person, corporation, or association authorized to purchase or lease public lands for agricultural purposes. The area of the land so leased or sold shall be such as shall, in the judgment of the Secretary of Agriculture and Natural Resources, be reasonably necessary for the purposes for which such sale or lease is requested, and shall in no case exceed one hundred and forty-four hectares: Provided, however, That this limitation shall not apply to grants, donations, transfers made to a province, municipality or branch or subdivision of the Government for the purposes deemed by said entities conducive to the public interest; but the land so granted donated, or transferred to a province, municipality, or branch or subdivision of the Government shall not be alienated, encumbered, or otherwise disposed of in a manner affecting its title, except when authorized by Congress: Provided, further, That any person, corporation, association or partnership disqualified from purchasing public land for agricultural purposes under the provisions of this Act, may lease land included under this title suitable for industrial or residential purposes, but the lease granted shall only-be valid while such land is used for the purposes referred to. Sec. 61. The lands comprised in classes (a), (b), and (c) of section fifty-nine shall be disposed of to private parties by lease only and not otherwise, as soon as the President, 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. The lands included in class (d) may be disposed of by sale or lease under the provisions of this Act. Sec. 62. The lands reclaimed by the Government by dredging, filling or otherwise shall be surveyed and may, with the approval of the Secretary of Agriculture and Commerce, be divided by the Director of Lands into lots and blocks, with the necessary streets and alley-ways between them, and said
(e) At the expiration of the lease or of any extension of the same. TITLE V RESERVATIONS . Sec. upon recommendation by the Secretary of Agriculture and Commerce. may execute contracts in favor of the same. AND OTHER SIMILAR PURPOSES Sec. among others. Whenever it is decided that lands covered by this chapter are not needed for public purposes. that the lots or blocks not needed for public purposes shall be leased for commercial or industrial or other similar purposes. among other conditions. The sale or lease shall be made subject to the same conditions as required for the sale and lease of agricultural public land. as the case may be. not to exceed ten. for the purpose stated in the notice and subject to the conditions specified in this chapter. charitable or other similar purposes. shall be subject to the approval of the Secretary of Public Works and Communications. further. or if the National Assembly disposes otherwise. subject to revocation at any time when. subject to such conditions as he may prescribe. or assigns shall become the property of the Government. Whenever any province. 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. his heirs. The Secretary of Agricultural and Commerce may grant to qualified persons temporary permission. 64. CHARITABLE. for the use of any portion of the lands covered by this chapter for any lawful private purpose. The kind of improvements to be made by the lessee or the purchaser. otherwise the Secretary of Agriculture and Natural Resources may rescind the contract. would properly have to be executed under the supervision of the Bureau of Public Works. the provisions of which shall be applied wherever applicable. 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. in the form of donation. the President. The violation of one or any of the conditions specified in the contract shall give rise to the rescission of said contract. the Director of Lands shall from time to time announce in the Official Gazette or in any other newspapers of general circulation. TITLE IV LANDS FOR EDUCATIONAL. the Director of Lands shall ask the Secretary of Agriculture and Commerce for authority to dispose of the same. (c) The term of the lease shall be as prescribed by section thirty-eight of this Act. all improvements made by the lessee. in his judgment. The Secretary of Agriculture and Commerce. where an applicant has made improvements on the land by virtue of a permit issued to him by competent authority. Any tract of public land of the class covered by this title may be sold or leased for the purpose of founding a cemetery. except when the public service requires their being leased or exchanged. that the Government will lease or sell. however. 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. Sec. The leases executed under this chapter by the Secretary of Agriculture and Commerce shall. (g) The continuance of the easements of the coast police and other easements reserved by existing law or by any laws hereafter enacted. municipality. with the approval of the President. but not to exceed ninety-six hectares in any case. and shall complete the said construction within eighteen months from said date. waive the rescission arising from a violation of the conditions of subsection (d). if necessary Sec. sale. or any other form. 67. the lots or blocks specified in the advertisement. AND OTHER SIMILAR PURPOSES CHAPTER IX CONCESSION OF LANDS FOR EDUCATIONAL. The contract of sale may contain other conditions not inconsistent with the provisions of this Act. 63. at a price to be fixed by said Secretary. or other institutions for educational. if conveyance he sees fit. The lease or sale shall be made through oral bidding. 68. (h) Subjection to all easements and other rights acquired by the owners of lands bordering upon the foreshore or marshy land. lease. successors. at a rental to be fixed by him. comprise the following conditions: (a) The purchaser shall make improvements of a permanent character appropriate for the purpose for which the land is purchased. shall commence work thereon within six months from the receipt of the order of award. upon payment of a reasonable charge. (b) The purchase price shall be paid in cash or in equal annual installments. encumbered or resold under the conditions above set forth except with the approval of the Secretary of Agriculture and Commerce. university. The sale of the lands comprised in classes (c) and (d) of section fifty-nine shall. church.Director shall give notice to the public by publication in the Official Gazette or by other means. the area to be such as may actually and reasonably be necessary to carry out such purpose. the sale or lease shall be made by sealed bidding as prescribed in section twenty-six of this Act. or the lease to be granted without auction. Upon receipt of such authority. 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. 69. administrators. for other lands belonging to private parties. If all or part of the lots remain unleased or unsold. That it shall in no case be sublet. and that the violation of this condition shall give rise to the immediate rescission of the sale or lease. the lease or sale of those lots. (d) The lessee shall construct permanent improvements appropriate for the purpose for which the lease is granted. encumber or lease the land for the purposes of speculation or use it for any purpose other than that contemplated in the application. 70. but land so granted shall in no case be encumbered or alienated. Sec. exchange. as the case may be. and the annual submission to the Government for approval of all tariffs of such rates and fees. and adjudication shall be made to the highest bidder. or other branch or subdivision of the Government shall need any portion of the land of the public domain open to concession for educational. executors. The Secretary of Agriculture and Commerce may. (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. However. 66. (f) The regulation of all rates and fees charged to the public. 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. college. may order the sale to be made without public auction. charitable or philanthropical purposes or scientific research. shall commence the construction thereof within six months from the date of the award of the right to lease the land. In either case it shall be a condition that the purchaser or lessee or their successors or assigns shall not sell transfer. in case they are constructions or improvements which if by the Government. Sec. and to the forfeiture to the Government of all existing improvements: Provided. and shall complete the construction of said improvements within eighteen months from the date of such award. CHARITABLE. 65. school. the public interest shall require it. and the plans thereof. but the Secretary of Agriculture and Commerce may waive the conditions requiring cultivation. Sec. under terms and conditions to be inserted in the contract. or extend the time within which the construction of the improvements shall be commenced and completed. Sec.
It shall then be the duty of the Director of Lands. 71. reserve for public purposes any lot or lots of the land so reserved and not disposed of. Lots for which satisfactory bids have not been received shall be again offered for sale. modification. All lots. Sec. as an inherent condition thereof. in case the public interest requires it. All funds derived from the sale of lots shall be covered into the Philippine Treasury as part of the general funds. 80. if deemed necessary by the proper authorities. and shall also reserve and note the lots owned by private individuals as evidenced by record titles. Sec. or partnerships not authorized to purchase public lands for commercial. 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. 74. and upon the completion of the survey he shall send the same to said Secretary. the lands used or possessed by them. shall reserve out of the land by him to be subdivided lots of sufficient size and convenient situation for public use. shall be sold. The plat of the subdivision shall designate certain lots for commercial and industrial uses and the remainder as residence lots. it shall be necessary to condemn private lands within the limits of the new town. and if they then remain unsold. hydraulic power sites. Such lots. or possessed or claimed by them as private property. in order to carry out the provisions of this chapter. 78. rescind. including in the reservation. in accordance with regulations prescribed for this purpose. to direct a subdivision in accordance with the instructions of the Secretary of Agriculture and Commerce. alleys. 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. patents. 82. Sec.76. and of no effect. and the exercise of this power shall be understood as reserved in all cases. Sec. all and any dispositions made by the executive branch of the Philippine Government by virtue of this chapter. Sec. after the approval and recording of the plat of subdivision as above provided. The provisions of sections twenty-six and sixty-five of this Act shall be observed in so far as they are applicable. The plat prepared by the Director of Lands shall be submitted to the Secretary of Agriculture and Commerce for consideration. in accordance with the provisions of existing law. workingmen’s village and other improvements for the public benefit. the Director of Lands shall be authorized to sell them at private sale for not less than two-thirds of their appraised value. But any nonChristian 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. or approval. alter. whether public or private. public quarries. repeal. corporation. are hereby declared to be illegal. designate any tract or tracts of the public domain for the exclusive use of the non-Christian Filipinos. except those claimed by or belonging to private parties and those reserved for parks. Upon recommendation of the Secretary of Agriculture and Commerce. 72. communal pastures or leguas comunales. Sec. plazas. irrigation systems. Whenever it shall be considered to be in the public interest to found a new town. 85. the President may. Sec. by proclamation designate any tract or tracts of land of the public domain for the establishment of agricultural colonies. and documents mentioned. patents and other instruments of conveyance of land or purporting to convey or transfer rights of property. Upon the recommendation of the Secretary of Agriculture and Commerce. limitation. without the authority of the Spanish Government while the Philippines were under the sovereignty of Spain. the President shall direct the SolicitorGeneral or officer acting in his stead to at once begin proceedings for condemnation. 83. or association without the specific approval of the Secretary of Agriculture and Commerce. . 84. 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. and other public uses. Unless the necessary reservations are made in the proclamation of the President. 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. public fishponds. of four or more hectares of land. in so far as practicable. annul. The Assembly shall have the power at any time to modify.CHAPTER X TOWN SITE RESERVATIONS Sec. amendment. At any time after the subdivision has been made. 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. and if there shall not be any. and granting to each member not already the owner. associations. That all grants. and all deeds and other documents executed or issued or based upon the deeds. at public auction to the highest bidder. 75. 73. the President may. 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. Sec. including reservations for highways. Upon recommendation by the Secretary of Agriculture and Commerce. or other chiefs of the socalled non-Christian tribes. Sec. or easements appertaining to or growing out of lands. with his recommendations. 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. When the plat of subdivision has been finally approved by the Secretary of Agriculture and Commerce. exceptions. 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. 77. deeds. alleyways. granted by sultans. the Director of Lands. and the subdivision and distribution of said lands as above provided shall be taken into consideration in the final disposition of the same. as well as the necessary avenues. The avenues. or such part thereof as he may deem proper. and squares. shall be numbered upon a general plan or system. and cancel. if there shall be such instructions. residential or industrial purposes under the provisions of this Act. or of the inhabitants thereof. with or without conditions. void. by title or gratuitous patent. streets. the President. or reservations. 79. nor shall bids be accepted from persons. may by proclamation. and having completed the legal proceedings prescribed in chapter thirteen of this Act. with the approval of the Secretary of Agriculture and Commerce. parks. if he approves the recommendations of the Director of Lands. public parks. shall submit the matter to the President to the end that the latter may issue a proclamation reserving the land surveyed. Sec. buildings. 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. CHAPTER XI RESERVATIONS FOR PUBLIC AND SEMI-PUBLIC PURPOSES Sec. If. or for quasi-public uses or purposes when the public interest requires it. after due notice. corporations. Sec. The Secretary of Agriculture and Commerce. as a town site. to be by such register recorded in the records of his office Sec. after having recorded the proclamation of the President and the survey accompanying the same. under the same conditions as the first time. Sec. rights of way for railroads. 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. with a view to the possible subsequent purchase or condemnation thereof. 81. streets. 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. datus. privileges. but no bid shall be accepted that does not equal at least two-thirds of the appraised value. parks.
shall be demarcated and preserved as permanent timberland to be planted exclusively to trees of known economic value. however. Sec. and the number of shares subscribed by each. the Secretary of Agriculture and Commerce may make the necessary rules and regulations for the organization and internal administration of the same. (e) That the application is made for the exclusive benefit of the application and not. or modifying the consideration of the facts set forth in such statements. giving his post-office address. 89. for the benefit of any other person or persons. to obtain compulsory process from the courts. For the purposes of this section. Sec. 86. and of the death of the latter and the descendants left by him. his age. either directly or indirectly. for the actual purpose of using the land for the object specified in the application and for no other purpose. but final disposition shall be made of the land in accordance with the provisions of this Act. 93. manager. (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. turn over a colony so reserved to any person or corporation. and a copy of this record shall be forwarded to the register of deeds of the province or city where the land lies. barrio. (g) Whether all or part of the land is occupied or cultivated or improved. and by whom. or cultivated either entirely or partially. and to deny or cancel or limit any application for concession. or partnership. accompanying satisfactory evidence of the relationship of the applicant with the ascendant. corporation. Upon receipt of such certified copy. title. in case it is alleged that he occupied and cultivated the land first. changing. 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. the name of the ascendant. All applications filed under the provisions of this Act shall be addressed to the Director of Lands. Lands applied for under this Act shall conform to the legal subdivisions and shall be contiguous if comprising more . the Solicitor-General. association or co-partnership together with an affidavit of its President. Although the maximum area of public land that may be acquired is fixed. subject.and although the disposition of the lands to the colonists shall be made under the provisions of this Act. CONCESSION OF LANDS. association. It shall be the duty of the Director of Lands. their citizenship. or other disposition until again declared alienable under the provisions of this Act or by proclamation of the President. 92. or other responsible officer. (h) That the land applied for is neither timber nor mineral land and does not contain guano or deposits of salts or coal. improved. it shall appear that the applicant is utilizing and is only able to utilize a smaller area. Sec. 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. improved. cultivated. or cultivated. TITLE VI GENERAL PROVISIONS CHAPTER XIII APPLICATIONS: PROCEDURE. or change of the material facts set forth in the application shall ipso facto produce the cancellation of the concession. and whether the land has been occupied or cultivated or improved by the applicant or his ascendant. Every application under the provisions of this Act shall be made under oath and shall set forth: (a) The full name of applicant. or whether they continue to exist and are maintained and preserved in good faith. the relationship with him. municipality. to such conditions as the National Assembly may establish for the reimbursement of the expense incurred in putting such lands in condition for cultivation: Provided. the Director of Lands shall order the immediate survey of the proposed reservation if the land has not yet been surveyed. and there are no indications of it having ever been occupied. or permit issued on the basis of such application. purchase. shall proceed in accordance with the provision of section fifty-three of this Act. whether he has made investigations as to when and by whom such improvements were made. or whether there are indications of its having been occupied. specifying those having reference to accidents of the ground or permanent monuments. and post-office address. place of birth. if any. AND LEGAL RESTRICTIONS AND ENCUMBRANCES Sec. 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. lease. (f) As accurate a description of the land as may be given. at the time of the issuance of the patent or of the concession or disposition. the date and place of the death of the ascendant. 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. and description of the improvements made. if necessary. what is the condition of the land. and if so. break. even though the application is for a greater area. in what such indications consist. If all the lands included in the proclamation of the President are not registered under the Land Registration Act. and in this case. 68 Sec. an order of cancellation may issue without further proceedings. and any false statements therein or omission of facts altering. title. or permit granted. and that the land is suitable for the purpose to which it is to be devoted. and if so. CHAPTER XII PROVISIONS COMMON TO RESERVATIONS Sec. In case the applicant is a corporation. the date when the possession and cultivation began. if requested to do so by the Secretary of Agriculture and Commerce. and sitio where it is located. civil status. 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. how such investigations were made and what was the result thereof. sale. association or co-partnership. from time to time and whenever he may deem it advisable. fraud. (d) That the application is made in good faith. the application shall be accompanied with a certified copy of its articles of incorporation. in order that such person or corporation may clear. or improved entirely or partially. the Director of Lands is authorized to determine the area that may be granted to the applicant. entry. or shall refuse or fail to give direct and specific answers to pertinent questions. under conditions to be established by the Assembly. In every investigation made in accordance with this section. and prepare for cultivation the lands of said colony and establish the necessary irrigation system and suitable roads and fences. concealment. or whether the land is not occupied. and for the purposes of such investigation. and on the basis of such presumption. 90. The Secretary of Agriculture and Commerce may also. while the Government shall have the supervision and management of said colonies. stating its nature the province. to make the necessary investigations for the purpose of ascertaining whether the material facts set out in the application are true. (b) That the applicant has all the qualifications required by this Act in the case. and any subsequent modification. giving the names of the stockholders or members. (c) That he has none of the disqualifications mentioned herein. 88. 87. The statements made in the application shall be considered as essential conditions and parts of any concession. citizenship. Sec. he shall proceed in accordance with the next following section. That the National Assembly may direct that such land so prepared for cultivation may be disposed of only by sale or lease. the existence of bad faith. and its limits and boundaries. Sec. The concession or disposition shall be for less than the maximum area authorized if. the Director of Lands is hereby empowered to issue subpoenas and subpoenas duces tecum and. and as soon as the plat has been completed. 91. alteration. yet. The tract or tracts of land reserved under the provisions of section eighty-three shall be non-alienable and shall not be subject to occupation.
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. 99. finally. In case the cancellation is due to delinquency on the part of the applicant or grantee. in the name of the Commonwealth of the Philippines. or during the life of the lease. or before any officer or employee of the Bureau of Lands authorized by law to administer oaths. 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. If at any time after the approval of the application and before the issuance of a patent or the final concession of the land. the lands shall be rectangular in form so far as practicable. in other purchases the purchases. or before the judge or clerk of the Court of First Instance of the province in which the land lies. Sec. however. corporation. The fees for the taking of final evidence before any of the officials herein-before mentioned shall be as follows: For each affidavit. 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. shall pay the total cost of the survey. 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 protesting to the Bureau of Lands within one year after cultivation has begun. unless he shall bring action in the proper court before such action for recovery prescribes and obtains favorable judgment therein. 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. That copies of said patents issued shall . Sec. 105. 102. the lessee shall be entitled to the reimbursement of one-half of the cost of the survey. If in the case of the two last preceding sections. In case the legal subdivisions have already been made at the time of the filing of the application. the cost of the survey shall be paid by the lessee. land for which an application has been denied or canceled or a patent or grant refused. or during the life of the lease. for the protection of any source of water or for any work for the public benefit that the Government wishes to undertake. or a contract or concession rescinded or annulled. Sec. and during Cost of the life of the same. Any person. Sec. 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. fifty centavos. if any. designate a term within which occupants with improvements but not entitled to free patents may apply for the land occupied by them. 103. the President may. and the improvements on the land. or association may file an objection under oath to any application or concession under this Act. or while the applicant or grantee still has obligations pending towards the Government. association. 101. the same shall be entitled to the reimbursement of the proceeds of the sale of the improvements and crops. Sec. shall be forfeited to the Government. they shall lose any prior right to the land recognized by 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. All the proofs. Section95. 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. If at any time the applicant or grantee shall die before the issuance of the patent or the final grant of the land. in the public interest. Sec. As soon as any land of the public domain has been surveyed. and who shall be subrogated in all his rights and obligations for the purposes of this Act. If. 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. in accordance with this Act. the objection is found to be well founded. shall lose all to the part of the land so cultivated and improved. 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. (b) In leases. except in the following cases: (a) In purchases under chapters five and ten of this Act. or before any justice of the peace or chargeable notary public of the province in which the land lies. but if the legal subdivisions have not yet been made. For each deposition of the applicant or the witness. 107. whoever it be. Sec. Sec. upon its decision becoming final. affidavits. and the improvements and crops upon. Sec. 98. for sale to the new applicant or grantee. so far as practicable. 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. 94. 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. the occupant or occupants have not made application under any of the provisions of this Act at the expiration of the time limit fixed. be granted a prior right of entry for a term of sixty days from the date of the notice. 104. upon payment of the value of the improvements. but at any time after the first five years from the approval of the lease. 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. shall also be forfeited to the Government. delimited. Sec. 96. or may declare such land open only to sale or lease. provided the interests of the applicant or grantee are protected. further. in the proper courts. but it shall be endeavored to make them conform to the legal subdivision as soon as the same has been made. grounded on any reason sufficient under this Act for the denial or cancellation of the application or the denial of the patent or grant. All rights in and interest to. 106. fifty centavos. The Secretary of Agriculture and Commerce may order such improvements and crops to be appraised separately. Sec. Sec. and classified.than one subdivision. 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. in accordance with this Act. include the land improved or cultivated. and the person objecting shall. after the applicant or grantee has been given suitable opportunity to be duly heard. if such occupant is qualified to acquire a concession under this Act. if qualified. of the indemnity fixed by said court for the cultivation and improvement. order the payment to the grantee. 100. If subdivisions have not been made on the date of the application. in which case the court shall. no charge shall be made for the survey. 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. or at any time when the applicant or grantee still has obligations pending with the Government. the cost of the survey shall be charged to the purchaser if the same is a corporation. the Director of Lands shall deny or cancel the application or deny patent or grant. in the order issued by him declaring it open for disposition. and the subdivision assigned to the applicant or grantee shall. within a reasonable period. Sec. 97. 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. if any. it appears that the land applied for is necessary. the cost of the survey shall be charged to the Government. or partnership.
paid by him to the Government for the land taken from him by virtue of this section: And provided. Sec. or other purposes have vested and accrued. rights to the use of water for mining. 77 Sec. 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. as it may deem best for the public good. with damages for the improvements only. All lands granted by virtue of this Act. 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. associations. 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. eighteen hundred and ninety-nine. 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. or the power from the point of conversion to the point of use. aqueducts. and also a right of way for the construction and maintenance of such flumes. 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. in the amount. gums. agricultural. or legal heirs. by priority of possession. whether made by the Bureau of Lands or by a private surveyor. the convertible power from which at ordinary low water exceeds fifty horse power. manufacturing. said grantee shall be entitled to indemnity from the Government or the concessionaire. 111. 113. 116. however. and for a suitable dam and site for massing the water. if any. Where the convertible power in any stream running through or by land granted under the authority of this Act thus exceeds fifty horsepower. be subject to the ordinary taxes. All sums due and payable to the Government under this Act. The beneficial use of water shall be the basis. Sec. Sec. 112. 118. and actual conveyance of the land shall be effected only as provided in said section. These shall remain to be property of the State. or the concession has been approved. telegraph and telephone lines and similar works as the Government or any public or quasi-public service or enterprise. may reasonably require for carrying on their business. and the limit of all rights thereto. Every conveyance of land acquired under the free patent or homestead provisions. 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. Conveyance and encumbrance made by persons belonging to the so-called “non-Christian Filipinos” or national . except for converting the same into power exceeding fifty horse power. In case of disapproval. lease or acquisition of such water privilege. even though and while the title remains in the State. except homestead fees. entries. has been approved by the Director of Lands. shall. his widow. 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. including those with reference to the littoral of the sea and the banks of navigable rivers or rivers upon which rafting may be done. including homesteads upon which final proof has not been made or approved. copper. iron. units. irrigation ditches. the possessors and owners of such vested rights shall be maintained and protected in the same. approval or signing of the application. poles. creeks. 115.117. or other substances containing minerals. shall be subject to repurchase by the applicant. No alienation. guano. and the same are recognized and acknowledged by the local customs. Patents or certificates issued under the provisions of this Act shall not include nor convey the title to any gold. roads. Section108. within a period of five years from the date of the conveyance. foreshore. or other metals or minerals. and a right of way to the nearest public highway from the land thus excepted. supposing it to be subject to grant under this Act. with the approval of the Secretary of Agriculture and Commerce. nor shall they become liable to the satisfaction of any debt contracted prior to the expiration of said period. is reserved as a servitude or easement upon the land granted by authority of this Act: Provided. or the contract has been signed. 114. 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. nor shall any reappraisal be made with an increase of more than one hundred per centum upon the appraisal or reappraisal next preceding. or by the laws and decisions of the courts. 110. Sec. There is hereby reserved from the operation of all patents. as the case may be. 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. aqueducts. not exceeding four hectares. transfer. Sec. railroads. or corporations. and all patents granted under this Act shall be subject to any vested and accrued rights to ditches and reservoirs used in connection with such water rights as may have been acquired in the manner above described prior to April eleven. Such patents or certificates shall be effective only for the purposes defined in Section one hundred and twenty-two of the land Registration Act. further. 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 institutions. No patent or certificate shall be issued by the District Land Officer unless the survey of the land covered by such patent or certificate. 119. and for other public purposes. silver. rivers.be furnished to the Bureau of Lands for record purposes. or order conduits as may be needed in conveying the water to the point where its fall will yield the greatest power. then so much land as is reasonably necessary for the mill site or site for the power house. Sec. wires. the measure. 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. appeal to the Director of Lands. concession or contract. precious stones. subject to the governmental regulation provided in the previous section. 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. 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. certificates. but the improvements or crops on the land may be mortgaged or pledged to qualified persons. Sec. as the case may be. Sec. 109. the Director of Lands shall state the reasons therefor. 120. on the basis of the value fixed in such filing. Said land shall further be subject to a right-of-way not exceeding sixty (60) meters in width for public highways. or roadsteads. which shall be paid by the grantee or the applicant. or vest the grantee with other valuable rights that may be detrimental to the public interest. which approval shall not be denied except on constitutional and legal grounds. Sec. beginning with the year next following the one in which the homestead application has been filed. That with respect to the flow of water. or coal oil contained in lands granted thereunder. 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. coal. is hereby excepted from such grants. when proper. including mining or forest concessionaires. Sec. within thirty days from receipt of the copy of the said decision. Except in favor of the Government or any of its branches. Whenever. Any person aggrieved by the decision or action of the District Land Officer may. Sec. 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. 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. 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.
homestead. health. or conveyed. 124. shall exceed one hundred and forty-four hectares. except to persons. 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. when proper. recognized or confirmed. c) The State shall recognize. That this prohibition shall not be applicable to the conveyance or acquisition by reason of hereditary succession duly acknowledged and legalized by competent courts. and one hundred and twenty-three of this Act. alienated. any acquisition of such land. It shall consider these rights in the formulation of national laws and policies. one hundred and twenty-one. 8371: "The Indigenous Peoples Rights Act Sec. alienation. assignment. That no final decision of reversion of such land to the State has been rendered by a court. or associations shall be obliged to alienate said lands or improvements to others so capacitated within the precise period of five years. lease. further. 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. twenty-three. respect and protect the rights of ICCs/IPs to preserve and develop their cultures. 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. or property right whatsoever to any land granted under the free patent. 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. Sec. in order to render such services more responsive to the needs and desires of these communities. shall equally enjoy the full measure of human rights and freedoms without distinctions or discriminations. 121. when the area of said land. homestead. Sec. 122. alienated. And Provided. nor any permanent improvement on such land. e) The State shall take measures. 2. traditions. 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. in the province where the land is located. nor shall such land or any permanent improvement thereon be leased to such individual. No land originally acquired in any manner under the provisions of any previous Act. dispose of. the State shall institute and establish the necessary mechanisms to enforce and guarantee the realization of these rights. associations. and any other provision or provisions restricting or tending to restrict the right of persons. or associations to acquire. which right. or by royal grant or in any other form. and only while these are in force. to protect their rights and guarantee respect for their cultural integrity. except to persons.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. educational. nor any permanent improvement on such land. CHAPTER ll DEFINITION OF TERMS . further. wherever possible. title. values. terrenos baldios y realengos. title. Except with the consent of the grantee and the approval of the Secretary of Natural Resources. Sec. however. or. their rights to their ancestral domains. otherwise. corporations. Sec. 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. corporations. encumber. or permit originally issued. in so far as it exists under such treaties. shall be transferred or assigned to any individual. 126. or permanent improvements thereon. conveyance. ordinance. 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. shall be encumbered. or transferred. Any acquisition. traditions and institutions. shall encumbered. All public auctions provided for in the foregoing chapters in the disposition of public lands shall be held. rights thereto or improvements thereon by a corporation. No land originally acquired in any manner under the provisions of this Act. association. patent. Sec. b)The State shall protect the rights of ICCs/IPs to their ancestral domains to ensure their economic. transfer. but not thereafter. or any other provision of law formerly in force in the Philippines with regard to public lands. or individual sale provisions of this Act or to any permanent improvement on such land. added to that of his own. association. no land or any portion thereof originally acquired under the free patent. no corporation. 123. Any transfer. Declaration of State Policies. such property shall revert to the Government. Provided. beliefs. The provisions of Section 124 of this Act to the contrary notwithstanding. shall continue and subsist in the manner and to the extent stipulated in said treaties. taking into consideration their customs. or alienate land in the Philippines. such persons. corporations or associations not legally capacitated to acquire the same under the provisions of this Act. industrial. and cause the reversion of the property and its improvements to the State. d) The State shall guarantee that members of the ICCs/IPs regardless of sex. hold or dispose of such land. religious or charitable purposes or for a right of way. or any interest therein.cultural minorities. 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. or lease made in violation hereof. hold. actually or presumptively. one hundred and twenty. or partnership may acquire or have any right. Provided. one hundred and twenty two. as well as other services of ICCs/IPs. or partnership prior to the promulgation of this Decree for the purposes herein stated is deemed valid and binding. shall be null and void. Conveyances and encumbrances made by illiterate non-Christian or literate nonChristians where the instrument of conveyance or encumbrance is in a language not understood by the said literate non-Christians shall not be valid unless duly approved by the Chairman of the Commission on National Integration. or any permanent improvement on such land. royal order. thirty-three. shall not be applied in cases in which the right to acquire. . or lands of any other denomination that were actually or presumptively of the public domain. interest. That such acquisition is approved by the Secretary of Natural Resources within six (6) months from the effectivity of this Decree. with the participation of the ICCs/IPs concerned. corporations. and solely for commercial. or individual sale provisions of this Act. The provisions of sections twenty-two. or other contract made or executed in violation of any of the provisions of sections one hundred and eighteen. one hundred and twenty-two. 125. Towards these ends. Sec. royal decree. Except in cases of hereditary succession. in the office of the Bureau of Lands in Manila REPUBLIC ACT NO.
who have continuously lived as organized community on communally bounded and defined territory. have been held under a claim of private ownership by ICCs/IPs. worship areas. rice terraces or paddies. e) Communal Claims .refer to claims on land. families and clans who are members of the ICCs/IPs since time immemorial. agricultural. at the time of conquest or colonization. stealth. became historically differentiated from the majority of Filipinos. coastal areas. through resistance to political. but not limited to. and who have..refers to a title formally recognizing the rights of ICCs/IPs over their ancestral lands. deceit. free from any external manipulation. the following terms shall mean: a) Ancestral Domains . It shall include ancestral land. which shall be under the Office of the President. and which are necessary to ensure their economic. swidden farms and tree lots.refer to a body of written and/or unwritten rules. stealth or as a consequence of government projects or any other voluntary dealings entered into by government and private individuals.refer to a group of people or homogenous societies identified by self-ascription and ascription by other. but not limited to. social and cultural inroads of colonization. cultural and political institutions. occupied. but not limited to. usages. possessed customs. belonging to the whole community within a defined territory f) Customary Laws . as far back as memory reaches.as used in this Act shall mean the consensus of all members of the ICCs/IPs to.refers to pre-conquest rights to lands and domains which. or at the time of inroads of non-indigenous religions and cultures. b) Ancestral Lands .inland waters. and other lands individually owned whether alienable and disposable or otherwise.refers to a private.Sec. or who have.refers to the office created under this Act. particularly the home ranges of ICCs/IPs who are still nomadic and/or shifting cultivators. k) National Commission on Indigenous Peoples (NCIP) . plans and programs to recognize. under claims of individual or traditional group ownership. resources and rights thereon. force majeure or displacement by force. ICCs/IPs shall likewise include peoples who are regarded as indigenous on account of their descent from the populations which inhabited the country. non-indigenous religions and culture. 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. communally or individually since time immemorial. or as a consequence of government projects and other voluntary dealings entered into by government and private individuals/corporations.continuously. by themselves or through their predecessors-in-interest. and natural resources therein. pasture. deceit. 3.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. interference and coercion. patterns and processed for decision-making and participation. occupied or possessed by ICCs/IPs. be determined in accordance with their respective customary laws and practices. themselves or through their ancestors. to the present except when interrupted by war. c) Certificate of Ancestral Domain Title . held under a claim of ownership. identified by ICCs/IPs such as. burial grounds. who retain some or all of their own social. or any other tribunal or body of similar nature. families and clans including. m) Nongovernment Organization . h) Indigenous Cultural Communities/Indigenous Peoples .refer to organizational and cultural leadership systems.Subject to Section 56 hereof.Subject to Section 56 hereof. private forests.refer to claims on land and rights thereon which have been devolved to individuals. but who may have been displaced from their traditional domains or who may have resettled outside their ancestral domains. customs and practices traditionally and continually recognized. social and cultural welfare. g) Free and Prior Informed Consent . i) Indigenous Political Structure . in a language an process understandable to the community. refers to land occupied. hunting grounds.For purposes of this Act. Definition of Terms. l) Native Title . under claims of ownership since time immemorial. and obtained after fully disclosing the intent and scope of the activity. residential lots. corporations. residential. rice terraces or paddies and tree lots. residential lots. possessed and utilized by individuals. including. Council of Timuays. 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. d) Certificate of Ancestral Lands Title . accepted and observed by respective ICCs/IPs. institutions. . forests. continuously to the present except when interrupted by war. j) Individual Claims . or the establishment of present state boundaries. refer to all areas generally belonging to ICCs/IPs comprising lands. force majeure or displacement by force. and which shall be the primary government agency responsible for the formulation and implementation of policies. relationships. economic. mineral and other natural resources. Bodong Holder. Council of Elders. protect and promote the rights of ICCs/IPs. bodies of water. tradition and other distinctive cultural traits. have never been public lands and are thus indisputably presumed to have been held that way since before the Spanish Conquest.
c) collecting. further.. to a non-member of the concerned ICCs/IPs is tainted by the vitiated consent of the ICCs/IPs. and h. Right to Develop Lands and Natural Resources. alienation and encroachment upon these rights. . items (a) and (b) of this Act. and only in default thereof shall the complaints be submitted to amicable settlement and to the Courts of Justice whenever necessary. .Ancestral lands and domains shall consist of all areas generally belonging to ICCs/IPs as referred under Sec.manage. protect and conserve a) land.Right to regulate the entry of migrant settlers and organizations into the domains. Sec. nonprofit voluntary organization of members of an ICC/IP which is accepted as representative of such ICCs/IPs. as soon as the grounds for relocation cease to exist.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. such relocation shall take place only with the free and prior informed consent of the ICCs/IPs concerned and whenever possible. and the right to effective measures by the government to prevent any interfere with. or used. and utilized a defined territory devolved to them.refers to a period of time when as far back as memory can go. right to develop. disposed or destroyed. 5. Sec.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. . and p) Time Immemorial . ceremonial and aesthetic value in accordance with their indigenous knowledge. 7.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. It likewise covers sustainable traditional resource rights. d) sacred sites. CHAPTER III RIGHTS TO ANCESTRAL DOMAINS Sec. occupy and use and to which they have claims of ownership. f. o) Sustainable Traditional Resource Rights . Right in Case of Displacement. Rights of Ownership. to manage and conserve natural resources within the territories and uphold the responsibilities for future generations.In cases where it is shown that the transfer of land/property rights by virtue of any agreement or devise.Right to resolve land conflicts in accordance with customary laws of the area where the land is located... b. 6. possessed in the concept of owner. . . Right to Claim Parts of Reservations. 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.. sacred places. they shall be guaranteed the right to return to their ancestral domains. b. When such return is not possible.The right of ownership and possession of the ICCs/IPs. a. Composition of Ancestral Lands/Domains. Right to transfer land/property.For this purpose. Right to Redemption. Sec. Concept of Ancestral Lands/Domains. Rights to Ancestral Lands. fishing and hunting grounds. environmental protection and the conservation measures. Persons thus relocated shall likewise be fully compensated for any resulting loss or injury. g. except those reserved and intended for common and public welfare and service.n) People's Organization .The right to claim ownership over lands. animals and other organisms.In case displacement occurs as a result of natural catastrophes. subject to customary laws and traditions of the community concerned..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 . furthermore. the ICCs/IPs shall have access to integrated systems for the management of their inland waters and air space. Indigenous Concept of Ownership. the State shall endeavor to resettle the displaced ICCs/IPs in suitable areas where they can have temporary life support system: Provided. b) plants. . Sec. certain ICCs/IPs are known to have occupied.. traditional hunting and fishing grounds. bodies of water traditionally and actually occupied by ICCs/IPs. 3. Right to Regulate Entry of Migrants.The right to claim parts of the ancestral domains which have been reserved for various purposes. c. 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. suitable to provide for their present needs and future development. and minerals. the right to an informed and intelligent participation in the formulation and implementation of any project. 8. air. to their ancestral lands shall be recognized and protected. nor through any means other than eminent domain. control and use lands and territories traditionally occupied. owned. That should their ancestral domain cease to exist and normalcy and safety of the previous settlements are not possible. systems and practices.refer to the rights of ICCs/IPs to sustainably use. Right to Resolve Conflict. 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. 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.. in accordance with their customs and traditions. No ICCs/IPs will be relocated without their free and prior informed consent. by operation of customary law or inherited from their ancestors.The right to stay in the territory and not be removed therefrom. That basic services and livelihood shall be provided to them to ensure that their needs are adequately addressed: e. to benefit and share the profits from allocation and utilization of the natural resources found therein. as determined by agreement or through appropriate procedures. pursuant to national and customary laws. and all improvements made by them at any time within the domains.Subject to Section 56 hereof. Rights to Ancestral Domains. d.refers to a private. 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. water. Where relocation is considered necessary as an exceptional measure. the right to negotiate the terms and conditions for the exploration of natural resources in the areas for the purpose of ensuring ecological.. 4. Such rights shall include: a. and e) other areas of economic. beliefs.. government or private.or is transferred for an unconscionable consideration or price. displaced ICCs/IPs shall enjoy security of tenure over lands to which they have been resettled: Provided.
b.. with respect to individually-owned ancestral lands who. ICCs/IPs occupying a duly certified ancestral domain shall have the following responsibilities: a. Sec. and maintain a balanced ecology in the ancestral domain by protecting the flora and fauna. 11. 14.. shall be punishable under this law. CHAPTER IV RIGHT TO SELF-GOVERNANCE AND EMPOWERMENT Sec.To preserve. opportunities. which are agricultural in character and actually used for agricultural.Consistent with the equal protection clause of the Constitution of the Republic of the Philippines.The State recognizes the inherent right of ICCs/IPs to self-governance and self-determination and respects the integrity of their values. as amended. The Government shall establish the means for the full development/empowerment of the ICCs/IPs own institutions and initiatives and. pasture.Unauthorized and unlawful intrusion upon. the State shall likewise ensure that the employment of any form of force of coersion against ICCs/IPs shall be dealt with by law.To actively initiate. residential. the Government shall take measures to prevent non-ICCs/IPs from taking advantage of the ICCs/IPs customs or lack of understanding of laws to secure ownership. The option granted under this Section shall be exercised within twenty (20) years from the approval of this Act. Sec. basic services. They shall participate in the formulation. Right to Participate in Decision -Making. at all levels of decision-making in matters which may affect their rights. conflict resolution institutions. 16. when solicited by ICCs/IPs concerned. 19. 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. accord to the members of the ICCs/IPs the rights. lives and destinies through procedures determined by them as well as to maintain and develop their own indigenous political structures. or the Land Registration Act 496. the State shall. Sec. and other reserves.. undertake and participate in the reforestation of denuded areas and other development programs and projects subject to just and reasonable remuneration. or any violation of the rights herein before enumerated. social and cultural development.The State shall continue to strengthen and support the autonomous regions created under the Constitution as they may require or need.ICCs/IPs have the right to participate fully. educational and other rights and privileges available to every member of the society.. where necessary. Sec.The ICCs/IPs shall have the right to determine and decide their own priorities for development affecting their lives. 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. occupy or use. including those with a slope of eighteen percent (18%) or more.To observe and comply with the provisions of this Act and the rules and regulations for its effective implementation. or the Land Registration Act 496. plans and programs for national. . and tree farming purposes.implementation and evaluation of policies.Sec.. provide the resources needed therefor. said individually-owned ancestral lands. Justice System. Sec. .. provinces or cities where they do not constitute the majority of the population. Tribal Barangays. Means for Development /Empowerment of ICCs/IPs. Restore Denuded Areas. may form or constitute a separate barangay in accordance with the Local Government Code on the creation of tribal barangays. Formal recognition. Sec. Conflict Resolution Institutions and Peace Building Processes.The ICCs/IPs living in contiguous areas or communities where they form the predominant population but which are located in municipalities. Recognition of Ancestral Domain Rights. regional and local development which may directly affect them. spiritual well-being.. Accordingly.Individual members of cultural communities. watershed areas. It shall extend to them the same employment rights. if they so choose. beliefs. possession of land belonging to said ICCs/IPs. 9. institutions. Option to Secure Certificate of Title under Commonwealth Act 141. 10. Maintain Ecological Balance. Sec. 15.. and c. restore. the State shall ensure that the ICCs/IPs shall be given mandatory representation in policy-making bodies and other local legislative councils. are hereby classified as alienable and disposable agricultural lands. 12. 17. Consequently. 18.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. 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.. 13. as amended. or use of any portion of the ancestral domain. by themselves or through their predecessors-in -interest. Observe Laws. Sec. the Universal Declaration of Human Rights including the Convention on the Elimination of Discrimination Against Women and International Human Rights Law. with due recognition of their distinct characteristics and identity. Unauthorized and Unlawful Intrusion. 20. and the lands they own. Sec. which shall recognize the title of the concerned ICCs/IPs over the territories identified and delineated. Right to Determine and Decide Priorities for Development. Sec. protections and privileges enjoyed by the rest of the citizenry. 21. practices and institutions. Consequently. the Charter of the United Nations. the State shall guarantee the right of ICCs/IPs to freely pursue their economic.The ICCs/IPs shall have the right to use their own commonly accepted justice systems. shall be embodied in a Certificate of Ancestral Domain Title (CADT). Equal Protection and Non-discrimination of ICCs/IPs. Support for Autonomous Regions. Role of Peoples Organizations. Responsibilities of ICCs/IPs to their Ancestral Domains. CHAPTER V SOCIAL JUSTICE AND HUMAN RIGHTS Sec. Furthermore. For this purpose. Self-Governance.The rights of ICCs/IPs to their ancestral domains by virtue of Native Title shall be recognized and respected.
scholarships. including the protection from sexual harassment. 31. informed of their rights under existing labor legislation and of means available to them for redress. nor force indigenous individuals to abandon their lands. Sec. the Government shall take effective measures to ensure that State-owned media duly reflect indigenous cultural diversity. Accordingly. . .It shall be unlawful for any person: a. Sec. Women. as regards the social. 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..ICC/IP women shall enjoy equal rights and opportunities with men. 29. Towards this end. Sec. Educational Systems.The State shall endeavor to have the dignity and diversity of the cultures. for the protection of civilian populations in circumstances of emergency and armed conflict. Sec. Sec. not recruit children of ICCs/IPs into the armed forces under any circumstance. for the use against other ICCs/IPs. Sec. Children and Youth. Towards this end. CHAPTER VI CULTURAL INTEGRITY Sec. moral. health and infrastructure. in consultation with ICCs/IPs concerned. public or cultural entities. Sec. with respect to recruitment and conditions of employment.. 32. technical. The State shall preserve. Indigenous children/youth shall have the right to all levels and forms of education of the State.ICCs/IPs have the right to special protection and security in periods of armed conflict. To discriminate against any ICC/IP with respect to the terms and conditions of employment on account of their descent. 30. sanitation. histories and aspirations of the ICCs/IPs appropriately reflected in all forms of education. seminars and workshops to promote and enhance their distinctive heritage and values. Towards this end. Particular attention shall be paid to the rights and special needs of indigenous women. 27. intellectual. as well as in the development of society. including in the areas of employment. adequate and integrated system of education. Equal remuneration shall be paid to ICC/IP and non-ICC/IP for work of equal value. The participation of indigenous women in the decision-making process in all levels. vocational training and retraining. 24. the State shall ensure that indigenous women have access to all services in their own languages. and in particular. health and nutrition. communities and international cooperative undertakings like festivals. in particular. intellectual and social well-being. and in cooperation with the ICCs/IPs concerned. children and differently-abled persons. political and cultural spheres of life. 22. youth. The State shall observe international standards. 26.It shall be the right of the ICCs/IPs to be free from any form of discrimination.ICCs/IPs have the right to practice and revitalize their own cultural traditions and customs.. health and social security. Vocational. the State shall within the framework of national laws and regulations. Community Intellectual Rights. Consequently. . provide a complete. and equal treatment in employment for men and women. traditions and institutions. such that they may enjoy equal opportunities as other occupationally-related benefits. maternal and child care. Unlawful Acts Pertaining to Employment.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. Sec. 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. 28. 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. or relocate them in special centers for military purposes under any discriminatory condition. Freedom from Discrimination and Right to Equal Opportunity and Treatment. in a manner appropriate to their cultural methods of teaching and learning. economic. housing. the State shall take effective measures. protect and develop the past. education.The State shall recognize the vital role of the children and youth of ICCs/IPs in nationbuilding and shall promote and protect their physical. territories and means of subsistence. They shall likewise have the right not to be subject to working conditions hazardous to their health. Furthermore. spiritual. Basic Services. but not limited to water and electrical facilities. recognize and protect the right of the ICCs/IPs to preserve and protect their culture. . relevant to the needs of the children and Young people of ICCs/IPs.. particularly through exposure to pesticides and other toxic substances. It shall consider these rights in the formulation of national plans and policies. The State shall likewise ensure the participation of appropriate indigenous leaders in schools. moral. 25. As far as possible. Integrated System of Education.The state shall respect. elderly. effective and continuing improvement of their economic and social conditions. traditions and institutions. and b. through the NCIP. to eliminate prejudice and discrimination and to promote tolerance. and housing services to indigenous women. and shall not recruit members of the ICCs/IPs against their will into armed forces. traditions. including bonded labor and other forms of debt servitude. public information and cultural-educational exchange. Sec. to the extent that they are not effectively protected by the laws applicable to workers in general. not subject to any coercive recruitment systems.. and spiritual property taken without their free and . Sec. Protection of Indigenous Culture.The State shall provide equal access to various cultural opportunities to the ICCs/IPs through the educational system. Rights during Armed Conflict. the Fourth Geneva Convention of 1949. 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 provide full access to education. 23. shall be given due respect and recognition. the State shall guarantee the right of ICCs/IPs to government 's basic services which shall include. spiritual. understanding and good relations among ICCs/IPs and all segments of society. Recognition of Cultural Diversity..The State shall.. adopt special measures to ensure the effective protection with regard to the recruitment and conditions of employment of persons belonging to these communities. religious. present and future manifestations of their cultures as well as the right to the restitution of cultural. 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. professional and other forms of training shall be provided to enable these women to fully participate in all aspects of social life.The ICC/IP have the right to special measures for the immediate. conferences.
further. CHAPTER VII NATIONAL COMMISSION ON INDIGENOUS PEOPLES (NCIP) Sec. literature. Romblon. 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. respected and protected. Right to Indigenous Knowledge Systems and Practices and to Develop own Sciences and Technologies. customs. it shall be unlawful to: a.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. Sec.prior informed consent or in violation of their laws. Compensation. Palawan. Sec. Sec. customs and ceremonies.. 37. Mandate. practice.to carry out the policies herein set forth. Sec. 40. develop teach their spiritual and religious traditions. Qualifications..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. vital medicinal plants.. Sec. That the members of the NCIP shall hold office for a period of three (3) years. before the expiration of his term for cause and after complying with due process requirement of law.The NCIP shall protect and promote the interest and well-being of the ICCs/IPs with due regard to their beliefs. 33. traditions and institutions. Sec. there shall be created the National Commission on ICCs/IPs (NCIP). To achieve this purpose. c) To formulate and implement policies. the right to use and control of ceremonial object. Rights to Religious. 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. They shall have the right to special measures to control. traditions and customs. Panay and the rest of the Visayas. That at least two (2) of the seven (7) Commissioners shall be the members of the Philippine Bar: Provided... Island Groups including Mindoro. obtained in accordance with customary laws of the concerned community. seeds. thorough which such assistance may be extended. and the right to the repatriation of human remains. and Central Mindanao: Provided. Region II. 44. jurisdiction and function: a) To serve as the primary government agency through which ICCs/IPs can seek government assistance and as the medium.The State shall recognize the right of ICCs/IPs to a sustainable agrotechnological development and shall formulate and implement programs of action for its effective implementation. Powers and Functions. at least 35 years of age at the time of appointment. bonafide members of ICCs/IPs as certified by his/her tribe.. oral traditions. 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. technologies and cultural manifestations. Sec. and may be subject to re-appointment for another term: Provided. be preserved. 36. d) To request and engage the services and support of experts from other agencies of government or employ private experts . 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. Deface.Any member of the NCIP may be removed from office by the President. furthermore. and b. 43. That the seven (7) Commissioners shall be appointed specifically from each of the following ethnographic areas: Region I and the Cordilleras. finally. Removal from Office. Southern and Eastern Mindanao. Sec. Explore. in cooperation with the burial sites. 34. Appointment of Commissioners.The President shall appoint the seven (7) Commissioners of the NCIP within ninety (90) days from the effectivity of this Act. . animals and minerals. the State shall take effective measures. which shall be the primary government agency responsible for the formulation and implementation of policies. the NCIP shall have the following powers. 41. The Commissioners shall be appointed by the President of the Philippines from a list of recommendees submitted by authentic ICCs/IPs: Provided. National Commission on Indigenous Cultural Communities /Indigenous Peoples (NCCP). including human and other genetic resources. Access to Biological and Genetic Resources. including derivatives of these resources. designs. ICCs/IPs are entitled to the recognition of the full ownership and control and protection of their cultural and intellectual rights. plans. shall be allowed within ancestral lands and domains of the ICCs/IPs only with a free and prior informed consent of such communities. social and cultural development of the ICCs/IPs and to monitor the implementation thereof.The Chairperson and the six (6) Commissioners must be natural born Filipino citizens. indigenous knowledge systems and practices. Cultural Sites and Ceremonies. Composition. ICCs/IPs shall have the right to manifest.To accomplish its mandate.. protect and have access to their religious and cultural sites. knowledge of the properties of fauna and flora.Access to biological and genetic resources and to indigenous knowledge related to the conservation. Tenure. develop and protect their sciences. Northern and Western Mindanao. 39. on his own initiative or upon recommendation by any indigenous community. traditional medicines and health practices. one (1) of whom shall be the Chairperson. utilization and enhancement of these resources. Sec. the rest of Luzon. and must be of proven honesty and integrity: Provided. 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. Sec. That the Chairperson and the Commissioners shall be entitled to compensation in accordance with the Salary Standardization Law. That no person shall serve for more than two (2) terms. The State shall likewise promote the biogenetic and resource management systems among the ICCs/IPs and shall encourage cooperation among government agencies to ensure the successful sustainable development of ICCs/IPs. Accordingly. Funds for Archeological and Historical Sites. 42. 38. the right to maintain. programs and projects for the economic. Sustainable Agro-Technical Development. . remove or otherwise destroy artifacts which are of great importance to the ICCs/IPs for the preservation of their cultural heritage. 35. That at least two (2) of the seven (7) Commissioners shall be women. and visual and performing arts. Sec.
Planning and Research shall be responsible for the formulation of appropriate policies and programs for ICCs/IPs such as. for the benefit of the local indigenous community. lease. the Commission shall endeavor to assess the plan and make ramifications in accordance with the changing situations. It shall also be responsible for such other functions as the NCIP may deem appropriate and necessary. cultural and related rights as provided in this Act. k) To submit to Congress appropriate legislative proposals intended to carry out the policies under this Act. or any other similar authority for the disposition. transactions or decisions. promote and support community schools. both formal and non-formal. Such plan shall undergo a process such that every five years. to obtain loans from government lending institutions and other lending institutions to finance its programs. Office on Socio-Economic Services and Special Concerns The Office on Socio-Economic Services and Special Concerns shall serve as the Office through which the NCIP shall coordinate with pertinent government agencies specially charged with the implementation of various basic socioeconomic services. It shall also identify ICCs/IPs with potential training in the health profession and encourage and assist them to enroll in schools of medicine. Planning and Research . Sec. upon the free and prior informed consent of the ICCs/IPs concerned. 45. within the limits of available appropriation. with government or private agencies or entities as may be necessary to attain the objectives of this Act. Officers within the NCIP. for the benefit of ICCs/IPs and administer the same in accordance with the terms thereof. It shall also issue. 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. Education and Health shall be responsible for the effective implementation of the education. It shall administer all scholarship programs and other educational rights intended for ICC/IP beneficiaries in coordination with the Department of Education. Ancestral Domains Office . It shall likewise perform such other functions as the Commission may deem appropriate and necessary. all official records. m) To issue appropriate certification as a pre-condition to the grant of permit. corporate entity or any government agency.The Office on Culture. agreements. and q) To represent the Philippine ICCs/IPs in all international conferences and conventions dealing with indigenous peoples and other related concerns.The Ancestral Domain Office shall be responsible for the identification.and consultants as may be required in the pursuit of its objectives. management and appropriation by any private individual. Office of Education. p) To exercise such other powers and functions as may be directed by the President of the Republic of the Philippines. the development of a Five-Year Master Plan for the ICCs/IPs. 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. or in the absence of any condition. 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. a report of its operations and achievements. 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.46. especially in areas where existing educational facilities are not accessible to members of the indigenous group. plans and programs affecting the ICCs/IPs to ensure that the same are properly and directly enjoyed by them.The Office on Policy. b. physical therapy and other allied courses pertaining to the health profession. utilization. as well as research data used as basis for policy development of the Commission shall be made accessible to the public. 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. delineation and recognition of ancestral land/domains. d.The NCIP shall have the following offices which shall be responsible for the implementation of the policies herein after provided: a. Sec. lease or permit for the exploitation of natural resources affecting the interests of ICCs/IPs in protecting the territorial integrity of all ancestral domains. a special program which includes language and vocational training. local and international. to enter into contracts. i) To convene periodic conventions or assemblies of IPs to review. grant. 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. l) To prepare and submit the appropriate budget to the Office of the President.Subject to such limitations as may be provided by law or by rules and regulations promulgated pursuant thereto. policies. and subject to the approval of the President. f) Subject to existing laws. certification prior to the grant of any license. It shall undertake. public health and family assistance program and related subjects. . corporation or subdivision thereof on any part or portion of the ancestral domain taking into consideration the consensus approval of the ICCs/IPs concerned. Accessibility and Transparency. Towards this end. donations. nursing. evaluation and policy formulation. in such manner consistent with the interest of ICCs/IPs as well as existing laws. Culture and Sports and the Commission on Higher Education. gifts and/or properties in whatever form and from whatever source. documents and papers pertaining to official acts.. It shall assist the legislative branch of the national government in the formulation of appropriate legislation benefiting ICCs/IPs. It shall assist. Culture and Health . or arrangement. h) To coordinate development programs and projects for the advancement of the ICCs/IPs and to oversee the proper implementation thereof. e) To issue certificate of ancestral land/domain title. c. assess as well as propose policies or plans. subject to the approval of the President of the Philippines. g) To negotiate for funds and to accept grants. but not limited to.
That in provinces where there are ICCs/IPs but without field offices. Sec. On the basis of its findings. Survey plans and sketch maps. Written accounts of the ICCs/IPs political structure and institution. terraces and the like. and 10. if they so choose. if any. 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. by a majority of the members of the ICCs/IPs. or through a Petition for Delineation filed with the NCIP. Pictures showing long term occupation such as those of old improvements. d. Historical accounts.The NCIP shall create the Office of the Executive Director which shall serve as its secretariat. particularly of ICCs/IPs who are still nomadic and/or shifting cultivators.The process of delineating a specific perimeter may be initiated by the NCIP with the consent of the ICC/IP concerned.The Administrative Office shall provide the NCIP with economical. finance. cultural and economic rights are respected and recognized. including pacts and agreements concerning boundaries entered into by the ICCs/IPs concerned with other ICCs/IPs. 5. Consultative Body. Sec. Self-delineation shall be guiding principle in the identification and delineation of ancestral domains. 47. security.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.The Office of Empowerment and Human Rights shall ensure that indigenous socio. It shall likewise ensure that the basic human rights.e. b. c. sacred places and old villages. equipment. Other field office shall be created wherever appropriate and the staffing pattern thereof shall be determined by the NCIP: Provided. 2. 9.The NCIP shall have the power to create additional offices as it may deem necessary subject to existing rules and regulations. Other Offices. Sec. Ancestral Domains Delineated Prior to this Act . Legal Affairs Office . and such other rights as the NCIP may determine. Office of Empowerment and Human Rights . it shall initiate the filing of appropriate legal or administrative action to the NCIP. supplies. the NCIP shall establish field offices in said provinces. 6. 48.. Regional and Field Offices. 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.political. 4.The provisions hereunder shall not apply to ancestral domains/lands already delineated according to DENR Administrative Order No. 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. series of 1993. burial grounds. Delineation and Recognition of Ancestral Domains. Written accounts of the ICCs/IPs customs and traditions.The official delineation of ancestral domain boundaries including census of all community members therein.Existing regional and field offices shall remain to function under the strengthened organizational structure of the NCIP. to participate in all level decision-making. ridges. Petition for Delineation . rules and regulations are protected and promoted.. It shall also administer the Ancestral Domains Fund. . and g. CHAPTER VIII DELINEATION AND RECOGNITION OF ANCESTRAL DOMAINS Sec. It shall ensure that capacity building mechanisms are instituted and ICCs/IPs are afforded every opportunity. Office of the Executive Director. 50.Proof of Ancestral Domain Claims shall include the testimony of elders or community under oath. and related services. will be essential to the determination of these traditional territories. aspirations and interests of the ICCs/IPs. rivers. Pictures and descriptive histories of traditional communal forests and hunting grounds.. Sec. nor to ancestral lands and domains delineated under any other community/ancestral domain program prior to the enactment of his law. 2. 49. efficient and effective services pertaining to personnel. The Sworn Statement of the Elders as to the Scope of the territories and agreements/pacts made with neighboring ICCs/IPs. 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. Delineation Paper . but to which they have traditionally had access for their subsistence and traditional activities. Sec. Administrative Office . creeks. 52.A body consisting of the traditional leaders. Anthropological data. 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. 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.The identification and delineation of ancestral domains shall be done in accordance with the following procedures: a.. f. 8. 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. Proof required . 7. The staffing pattern of the office shall be determined by the NCIP subject to existing rules and regulations. shall be immediately undertaken by the Ancestral Domains Office upon filing of the application by the ICCs/IPs concerned. 51. Delineation Process. Write-ups of names and places derived from the native dialect of the community. Genealogical surveys. the ICCs/IPs concerned shall have a decisive role in all the activities pertinent thereto. 3. As such. subject to existing laws. hills.. 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. Pictures and descriptive histories of traditional landmarks such as mountains. records.
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. review existing claims which have been fraudulently acquired by any person or community. 53.A copy of each document. 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. which in its opinion. The denial shall be appealable to the NCIP: 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. shall cause a parcellary survey of the area being claimed.On the basis of such investigation and the findings of fact based thereon. d. A copy of the document shall also be posted at the local.The Ancestral Domains Office may. provincial and regional offices of the NCIP. The secretaries of the Department of Agrarian Reform. containing a list of all those identified in the census. Turnover of Areas Within Ancestral Domains Managed by Other Government Agencies . In case of conflicting claims among individual or indigenous corporate claimants. The denial shall be appealable to the NCIP. Individual and indigenous corporate claimants of ancestral lands which are not within ancestral domains. the Commissioner of the National Development Corporation. Department of Environment and Natural Resources.The Chairperson of the NCIP shall certify that the area covered is an ancestral domain. and Department of Justice. That in areas where no such newspaper exists. any person or community may be cancelled by the NCIP after due notice and hearing of all parties concerned. Notice and Publication . 54. the Ancestral Domains office shall give the applicant due notice. whether delineated or a.Within fifteen (15) days from publication. However. and a description of the natural features and landmarks embraced therein. copy furnished all concerned. the Ancestral domains Office shall cause the contending parties to meet and assist them in coming up with a preliminary resolution of the conflict. respectively. 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. Issuance of CADT . Preparation of Maps . broadcasting in a radio station will be a valid substitute: Provided. copy furnished all concerned. h. g. That mere posting shall be deemed sufficient if both newspaper and radio station are not available. in turn. Ancestral Lands. and k. The Ancestral Domains office shall reject any claim that is deemed patently false or fraudulent after inspection and verification. may shed light on the veracity of the contents of the application/claim. containing the grounds for denial. and of the inspection process. 52 (d) of this act. Sec. if the proof is deemed insufficient. That mere posting shall be deemed sufficient if both newspapers and radio station are not available f. furthermore. In case of rejection. That the Ancestral Domains Office shall reject any claim that is deemed patently false or fraudulent after inspection and verification: Provided. the Director of Lands shall represent the interest of the Republic of the Philippines. 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. Upon receipt of the applications for delineation and recognition of ancestral land claims. complete with technical descriptions. Sec. 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. .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. further. may have their claims officially established by filing applications for the identification and delineation of their claims with the Ancestral Domains Office. without prejudice to its full adjudication according to the selection below. further. areas within the ancestral domains. Fifteen (15) days after such publication. Sec. and issued to.A complete copy of the preliminary census and a report of investigation. evaluate or corporate (family or clan) claimant over ancestral lands. 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.Subject to Section 56 hereof. Identification. without prejudice to its full adjudication according to Sec. Report of Investigation and Other Documents . provincial.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. That in cases where there are conflicting claims. containing the grounds for denial. upon written request from the ICCs/IPs. A copy of the document shall also be posted at the local. j. That in case of rejection. which shall. Sworn Statements and the like. 62 of this Act. Fraudulent Claims. and any other government agency claiming jurisdiction over the area shall be notified thereof. Endorsement to NCIP . and g. i. Any claim found to be fraudulently acquired by. c.. Communal Rights. Such notification shall terminate any legal basis for the jurisdiction previously claimed. 55. Department of the Interior and Local Government.. The Ancestral Domains Office may require from each ancestral claimant the submission of such other documents.Delineation and Certification of b. shall be prepared by the Ancestral Domains Office of the NCIP. further. In all proceedings for the identification or delineation of the ancestral domains as herein provided. and if found to be meritorious. The Ancestral Domains Office shall prepare and submit a report on each and every application surveyed and delineated to 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. the Ancestral Domains Office of the NCIP shall prepare a perimeter map. Registration of CADTs . including tax declarations and proofs of payment of taxes. f. the Ancestral Domains Office shall give the applicant due notice. the Ancestral Domains Office shall cause the contending parties to meet and assist them in coming up with a preliminary resolution of the conflict. e. That in areas where no such newspaper exists. the Ancestral Domains Office shall investigate and inspect each application. the Ancestral Domains Office shall require the submission of additional evidence: Provided.e. broadcasting in a radio station will be a valid substitute: Provided.
No. The ICCs/IPs concerned shall be given the responsibility to maintain. and other forms of exaction except such portion of the ancestral domains as are actually used for large-scale agriculture. 65. 63. extraction. shall be presumed to be communally held: Provide. license. further. Sec. commercial forest plantation and residential purposes and upon titling by other by private person: Provided. lease. That the all extractions shall be used to facilitate the development and improvement of the ancestral domains. 62. or granting any concession. 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. That such procedure shall ensure that the rights of possessors in good faith shall be respected: Provided.Expropriation may be resorted to in the resolution of conflicts of interest following the principle of the "common good". among others. 386. That the Memorandum of Agreement shall stipulate. any project that has not satisfied the requirement of this consultation process.. The DENR Secretary shall accommodate any such request within one (1) month of its issuance: Provided.. ..Customary laws.Decisions of the NCIP shall be appealable to the Court of Appeals by way of a petition for review. customary process shall be followed. Sec. wilderness.. renewing.In cases of conflicting interest. Appeals to the Court of Appeals. Environmental Consideration. that all exactions shall be used to facilitate the development and improvement of the ancestral domains.When disputes involve ICCs/IPs. but in no case beyond three (3) years after its creation. said decision must be made in writing. government agency or government-owned or -controlled corporation may issue new concession.All lands certified to be ancestral domains shall be exempt from real property taxes. hereditary succession and settlement of land disputes. Sec. however. That if the dispute is between and/or among ICCs/IPs regarding the traditional boundaries of their respective ancestral domains. Sec. Temporary Requisition Powers. mangroves wildlife sanctuaries. Sec. development or exploitation of any natural resources within the ancestral domains. further. develop. That the ICCs/IPs shall have the right to stop or suspend. Natural Resources within Ancestral Domains.60. 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. managed and developed for such purposes. otherwise known as the New Civil Code. That the transfer shall be temporary and will ultimately revert to the ICCs/IPs in accordance with a program for technology transfer: Provided. further. Applicable Laws. Certification Precondition. . specially levies. For this purpose. where there are adverse claims within the ancestral domains as delineated in the survey plan. shall be recognized and respected. Jurisdiction of the NCIP. to delineate ancestral domain perimeters. Such certificate shall only be issued after a field-based investigation is conducted by the Ancestral Domain Office of the area concerned: Provided. without prior certification from the NCIP that the area affected does not overlap with any ancestral domain. Sec. order. which certification shall be a condition precedent to the filing of a petition with the NCIP. The NCIP shall take appropriate legal action for the cancellation of officially documented titles which were acquired illegally: Provided. The NCIP shall promulgate the necessary rules and regulations to carry out its adjudicatory functions: Provided. implementation.all department and other governmental agencies shall henceforth be strictly enjoined from issuing. 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. 57. Sec. shall have jurisdiction over all claims and disputes involving rights of ICCs/IPs. or production sharing agreement while there is pending application CADT: Provided.Property rights within the ancestral domains already existing and/or vested upon effectivity of this Act. Remedial Measures. Should the ICCs/IPs decide to transfer the responsibility over the areas.. which are found necessary for critical watersheds. Sec. 66. the disputes arising from the delineation of such ancestral domains: Provided. That no such dispute shall be brought to the NCIP unless the parties have exhausted all remedies provided under their customary laws... through a Memorandum of Agreement (MOA). That no department. CHAPTER IX JURISDICTION AND PROCEDURES FOR ENFORCEMENT OF RIGHTS Sec. 67. That the action for reconveyance shall be a period of ten (10) years in accordance with existing laws. award or ruling of the NCIP on any ancestral domain dispute or on any matter pertaining to the application. after notice to the proper parties. That the action for cancellation shall be initiated within two (2) years from the effectivity of this Act: Provided. a provision for technology transfer to the NCIP. Sec. protect and conserve such areas with the full and effective assistance of the government agencies. traditions and practices of the ICCs/IPs of the land where the conflict arises shall be applied first with respect to property rights. That a formal and written agreement is entered into with the ICCs/IPs concerned or that the community. 61. Any doubt or ambiguity in the application of laws shall be resolved in favor of the ICCs/IPs.. further. finally. finally. pursuant to its own decision making process. That in any decision.The ICCs/IPs shall have the priority rights in the harvesting. or entering into any production-sharing agreement.Ancestral domains or portion thereof. That communal rights under this Act shall not be construed as coownership as provided in Republic Act. forest cover.Prior to the establishment of an institutional surveying capacity whereby it can effectively fulfill its mandate. Primary of Customary Laws and Practices. Sec. Sec. or reforestation as determined by the appropriate agencies with the full participation of the ICCs/IPs concerned shall be maintained. 56. 64. in accordance with this Act. Existing Property Rights Regimes. Provided. license or lease. Resolution of Conflicts. and which cannot be resolved. 59. claims and ownerships... 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. 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. finally. has agreed to allow such operation: Provided.not. That no certificate shall be issued by the NCIP without the free and prior informed and written consent of the ICCs/IPs concerned: Provided.. protected areas. Exemption from Taxes. the NCIP shall hear and decide. through its regional offices.The NCIP. customary laws and practices shall be used to resolve the dispute. 58. 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.
Sec. 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.. Orders.The Office for Northern Cultural Communities (ONCC) and the Office of Southern Cultural Communities (OSCC). CHAPTER XI PENALTIES Sec.. but not limited to.000) or both such fine and imprisonment upon the discretion of the court. records. 75. delineation and development of ancestral domains. 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. Awards. transfer or assignment and shall be held for the same purpose as they were held by the former offices: Provided.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. orders or awards of the Regional Hearing Officer of the NCIP. That officials and employees of the phased-out offices who may be qualified may apply for reappointment with the NCIP and may be given prior rights in the filing up of the newly created positions of NCIP. created under Executive Order Nos. endowments shall be exempted from income or gift taxes and all other taxes.000) to cover compensation for expropriated lands. Sec.. Ten millions pesos (P10..There is hereby created a special fund. Officers and employees who may be reinstated shall refund such retirement benefits or gratuity received: Provided. 76. Sec.000. CHAPTER IX ANCESTRAL DOMAINS FUND Sec. 10. upon conviction. 73. Transfer of Assets/Properties. an initial amount of the One Hundred thirty million pesos(P130. finally That absorbed personnel must still meet the qualifications and standards set by the Civil Service and the Placement Committee herein created. such as. This provision shall be without prejudice to the right of any ICCs/IPs to avail of the protection of existing laws. 71.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. manager. 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. That all contracts. Chapter VI hereof. Chapter III. the penalty shall include perpetual disqualification to hold public office. may cause grave or irreparable damage to any of the parties to the case or seriously affect social or economic activity. That in the case where an indigenous person and a non-indigenous person with similar qualifications apply for the same position. Transition Period. Punishable Acts and Applicable Penalties. directly or indirectly. c. That neither shall the death penalty or excessive fines be imposed. Chapter V. To hold any person in contempt. That if the offender is a public official. Persons Subject to Punishment. and impose appropriate penalties therefor. Execution of Decisions. issue subpoenas requiring the attendance and testimony of witnesses or the production of such books. subject to the qualifications set by the Placement Committee: Provided. An amount of Fifty million pesos (P50. b. 72. or interpretation of this Act and other pertinent laws relating to ICCs/IPs and ancestral domains. in addition to the cancellation of certificates of their registration and/or license: Provided.The NCIP shall have the power and authority: a. Sec. CHAPTER XII MERGER OF THE OFFICE FOR NORTHERN CULTURAL COMMUNITIES (ONCC) AND THE OFFICE FOR SOUTHERN CULTURAL COMMUNITIES (OSCC) Sec.. contracts. further. 74. In which case.000) shall be sourced from the gross income of the Philippine Charity Sweepstakes Office (PCSO) from its lotto operation. Thereafter such amount shall be included in the annual General Appropriations Act. In addition. degrading or inhuman punishment: Provided. That no such penalty shall be cruel. further. if not restrained forthwith. the Hearing Officer of the NCIP.All real and personal properties which are vested in. 68. or head of office responsible for their unlawful act shall be criminally liable therefor.. To enjoin any or all acts involving or arising from any case pending therefore it which. 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. Merger of ONCC/OSCC.. to be known as the Ancestral Domains Fund. or shall commit any of the prohibited acts mentioned in Sections 21 and 24. 69. Quasi-Judicial Powers of the NCIP. and d. 122-B and 122-C respectively. charges or fees imposed by the government or any political subdivision or instrumentality thereof. but not limited to. 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. If they are already entitled to retirement benefits or the gratuity herein provided. shall issue a writ of execution requiring the sheriff or the proper officer to execute final decisions. dispute or controversy to.Upon expiration of the period here provided and no appeal is perfected by any of the contending parties. summon the parties to a controversy. records and documents shall be transferred to the NCIP.Any person who commits violation of any of the provisions of this Act. are hereby phased-out upon the effectivity of this Act: Provided.000. and such other source as the government may be deem appropriate. any person who violates any provision of this Act shall. the fund of the Social Reform Council intended for survey and delineation of ancestral lands/domains. Sec. 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. priority shall be given to the former. All agreements and contracts .Sec.000. 70. the merged offices as aforestated shall be transferred to the NCIP without further need of conveyance.000) nor more than Five hundred thousand pesos (P500. shall be punished in accordance with the customary laws of the ICCs/IPs concerned: Provided. on its own initiative or upon motion by the prevailing party. The NCIP may also solicit and receive donations. To administer oaths. That the positions of Regional Directors and below. authorized and/or unlawful intrusion upon any ancestral lands or domains as stated in Sec.If the offender is a juridical person. 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. furthermore.. Ancestral Domains Fund. papers. or belonging to. its president. all officers such as. No restraining Order or Preliminary Injunction .000) from the gross receipts of the travel tax of the preceding year. Section 33.
The State may directly undertake such activities. petroleum. The Congress may. measures to prohibit logging in endangered forests and watershed areas. such forest lands and national parks shall be conserved and may not be increased nor diminished. and not to exceed one thousand hectares in area. With the exception of agricultural lands. by purchase. Art XII. Lands of the public domain are classified into agricultural. for a period not exceeding twenty-five years. and other mineral oils according to the general terms and conditions provided by law. corporations. or production-sharing agreements with Filipino citizens. Section 3. based on real contributions to the economic growth and general welfare of Section 7. water supply fisheries. or associations qualified to acquire or hold lands of the public domain. Section 4. developed. the Congress shall determine. held. no private lands shall be transferred or conveyed except to individuals. Agricultural lands of the public domain may be further classified by law according to the uses to which they may be devoted. as well as cooperative fish farming. and exclusive economic zone. 3. Secs. a Placement Committee shall be created by the NCIP. or leased and the conditions therefor. and under such terms and conditions as may be provided by law. marking clearly their boundaries on the ground. 7 and 8 of the Constitution ARTICLE XII: NATIONAL ECONOMY AND PATRIMONY Section 2. ecology. the size of lands of the public domain which may be acquired. The President shall notify the Congress of every contract entered into in accordance with this provision. by law. Save in cases of hereditary succession. 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. with priority to subsistence fishermen and fishworkers in rivers. lakes. wildlife. flora and fauna. within thirty days from its execution. Notwithstanding the provisions of Section 7 of this Article. Taking into account the requirements of conservation. as soon as possible. Art I. except by law. and other natural resources are owned by the State. Citizens of the Philippines may lease not more than five hundred hectares. All lands of the public domain. modified or amended by the NCIP. minerals. shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic. 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). Private corporations or associations may not hold such alienable lands of the public domain except by lease. joint venture. The State shall protect the nation's marine wealth in its archipelagic waters. homestead. 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. Placement Committee. development. renewable for not more than twenty-five years. the State shall promote the development and use of local scientific and technical resources. It shall be the responsibility of the State to promote their rational exploration. Section 8. The Congress shall provide for such period as it may determine. renewable for not more than twenty-five years. beneficial use may be the measure and limit of the grant. coal. forests or timber. The State. mineral lands and national parks. allow small-scale utilization of natural resources by Filipino citizens.entered into by the merged offices shall remain in full force and effect unless otherwise terminated. bays. and subject to the requirements of agrarian reform. or grant. . and development. Alienable lands of the public domain shall be limited to agricultural lands. determine. 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. Such agreements may be for a period not exceeding twenty-five years. The Congress may provide for the applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domain. and other mineral oils. In such agreements. and reserve its use and enjoyment exclusively to Filipino citizens. Section 22. and utilization of minerals. The President may enter into agreements with foreign-owned corporations involving either technical or financial assistance for large-scale exploration. Sec 21. waters. in coordination with the Civil Service Commission. Thereafter. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development. 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. 22 of the Constitution Section 21. The Congress shall. Sec. 2. 2 Declaration of Policy. and utilization of natural resources shall be under the full control and supervision of the State. and lagoons. or acquire not more than twelve hectares thereof. 77. by law. forest or timber. . 4. In cases of water rights for irrigation. social. development. subject to the provisions of this Constitution and national development policies and programs. The State shall promote comprehensive rural development and agrarian reform. petroleum. 7942: Philippine Mining Act of 1995 Sec. a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private lands. and cultural well-being. subject to limitations provided by law. or industrial uses other than the development of water power. 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. The exploration. Section 5. by law. development. the specific limits of forest lands and national parks. or it may enter into co-production. fisheries. territorial sea. all forces of potential energy. the country. 5.Subject to rules on government reorganization. Republic Act No. or corporations or associations at least sixty per centum of whose capital is owned by such citizens. all other natural resources shall not be alienated.
(u) "Government" means the government of the Republic of the Philippines. (ab) "Mineral agreement" means a contract between the government and a contractor. or utilization of the minerals found therein. trenching. the Director of the Mines and (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. .) seaward from base line of the Philippine archipelago. extent. remote sensing.). (n) "Environmental Impact Statement (EIS)" is the document which aims to identify. flood or other adverse weather conditions. and sharing common bonds of languages. riots. (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. quantity and quality thereof and the feasibility of mining them for profit. (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. (o) "Exclusive economic zone" means the water. gas. rebellion. maintaining. sea bottom and subsurface measured from the baseline of the Philippine archipelago up to two hundred nautical miles (200 n. (e) "Contiguous zone" refers to water. tunneling or any other means for the purpose of determining the existence. (ac) "Mineral land" means any area where mineral resources are found. partnership. storm. involving mineral productionsharing agreement. insurrection. (c) "Bureau" means the Mines and Geosciences Bureau under the Department of Environment and Natural Resources. development. radioactive materials. benefaction or upgrading of ores or minerals and rocks or by similar means to convert the same into marketable products. explosion. (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. (f) "Contract area" means land or body of water delineated for purposes of exploration. exclusively and actually possessed.m. liquid. (t) "Foreign-owned corporation" means any corporation. (q) "Exploration" means the searching or prospecting for mineral resources by geological. co-production agreement. test pitting. including the construction of necessary infrastructure and related facilities. shaft sinking. association. or joint-venture agreement. containing approximately eighty-one hectares (81 has. embargo. occupied. but not limited to. or cooperative duly registered in accordance with law in which less than fifty per centum (50%) of the capital is owned by Filipino citizens. 3 Definition of Terms. and geothermal energy. the following terms. geochemical or geophysical surveys. (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. lockout. (ad) "Mineral resource" means any concentration minerals/rocks with potential economic value. or utilized by indigenous cultural communities by themselves or through their ancestors in accordance with their customs and traditions since time immemorial. (i) "Department" means the Department of Environment and Natural Resources. of (l) "Ecological profile or eco-profile" refers to geographicbased instruments for planners and decision-makers which presents an evaluation of the environmental quality and carrying capacity of an area. or any intermediate state excluding energy materials such as coal. interpret. adverse action by government or by any instrumentality or subdivision thereof. (j) "Development" means the work undertaken to explore and prepare an ore body or a mineral deposit for mining. customs.) offshore. shall mean: (a) "Ancestral lands" refers to all lands. (aa) "Minerals" refers to all naturally occurring inorganic substance in solid. (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. (k) "Director" means Geosciences Bureau. predict. blockade. petroleum. (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. (r) "Financial or technical assistance agreement" means a contract involving financial or technical assistance for largescale exploration. sabotage. and as may be defined and delineated by law.m. and other distinctive cultural traits. civil disturbance. As used in and for purposes of this Act. (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. fire. traditions. and as may be defined and delineated by law. epidemic. sea bottom and substratum measured twenty-four nautical miles (24 n. and utilization of mineral resources. strike. natural gas. development. war.Sec. any dispute with surface owners and other labor disputes. drilling. earthquake. act of God or any public enemy and any cause that herein describe over which the affected party has no reasonable control. (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. 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. (s) "Force majeure" means acts or circumstances beyond the reasonable control of contractor including. (y) "Mineral processing" means the milling. whether in singular or plural. (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.
conveying and cleansing mine industrial waste and tailings as well as eliminating or reducing hazardous effects of solid particles. gypsum. and subsurface from the shore or coastline reckoned from the mean low tide level up to the two hundred nautical miles (200 n. treating or neutralizing. and processing. liquids or other harmful by products and gases emitted from any facility utilized in mining operations for their disposal. but not limited to. shale. utilization. feldspar. association. or occupant who has already acquired a vested right thereto under the law. quartz or silica. Mining operations in existing mineral reservations and such other reservations as may thereafter be established. excluding appraisal increase and construction in progress. shall not be classified under the category of quarry resources. sand and pebbles. plant and equipment as reflected in the audited financial statement of the contractor net of depreciation. removing and disposing quarry resources found on or underneath the surface of private or public land. (as) "Quarry permit" means a document granted to a qualified person for the extraction and utilization of quarry resources on public or private lands. precipitating. The State may directly undertake such activities or it may enter into mineral agreements with contractors. dolomite. sandstone. subject to valid existing mining quarrying rights as provided under Section 112 Chapter XX hereof. barite. including submerged lands in lakes. bullquartz. diatomaceous earth. equipment and/or improvements used for impounding. (ag) "Nongovernmental Organization (NGO)" includes nonstock. (al) "Permittee" means the holder of an exploration permit. management and protection.(ae) "Mining area" means a portion of the contract area identified by the contractor for purposes of development. talc. (ar) "Quarrying" means the process of extracting. (az) "Utilization" means the extraction or disposition of minerals. marble. That a legally organized foreign-owned corporation shall be deemed a qualified person for purposes of granting an exploration permit. (af) "Mining operation" means mining activities involving exploration. although the corresponding certificate or evidence of title or patent has not been actually issued. nonprofit organizations involved in activities dealing with resource and environmental conservation. limestone. basalt. utilization. rivers and creeks. volcanic cinders. That a small scale mining agreement for a maximum aggregate area of twenty-five percent (25%) of such mineral reservation. (am) "Pollution control and infrastructure devices" refers to infrastructure. (ax) "Special allowance" refers to payment to the claimowners or surface right-owners particularly during the transition period from Presidential Decree No. machinery. filtering. That nonmetallic minerals such as kaolin. series of 1987. (aq) "Qualified person" means any citizen of the Philippines with capacity to contract. and other non-metallic minerals that may later be discovered and which the Director declares the same to be of economically workable quantities. bentonite. decorative stones. mica. development. serpentine. 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 . (av) "Regional office" means any of the mines regional offices of the Department of Environment and Natural Resources. gabbro. That such quarry resources do not contain metals or metallic constituents and/or other valuable minerals in economically workable quantities: Provided.m. 279. (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. (ah) "Net assets" refers to the property. rhyolite. cultural or ecological value. such as when there is a need to preserve strategic raw materials for industries critical to national development. . or cooperative organized or authorized for the purpose of engaging in mining. (ao) "Private land" refers to any land belonging to any private person which includes alienable and disposable land being claimed by a holder. tuff. (ai) "Offshore" means the water. (ay) "State" means the Republic of the Philippines. feasibility. financial or technical assistance agreement or mineral processing permit. (aj) "Onshore" means the landward side from the mean tide elevation. the President may establish mineral reservations upon the recommendation of the Director through the Secretary. The State shall recognize and protect the rights of the indigenous cultural communities to their ancestral lands as provided for by the Constitution. claimant. asbestos. precious and semi-precious stones.Mineral resources are owned by the State and the exploration. or certain minerals for scientific. (ak) "Ore" means a naturally occurring substance or material from which a mineral or element can be mined and/or processed for profit. red burning clays for potteries and bricks. (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. further. 463 and Executive Order No. and volcanic glass: Provided. CHAPTER II GOVERNMENT MANAGEMENT Sec. (au) "Region director" means the regional director of any mines regional office under the Department of Environment and Natural Resources. All submerged lands within the contiguous zone and in the exclusive economic zone of the Philippines are hereby declared to be mineral reservations. sea bottom.) exclusive economic zone including the archipelagic sea and contiguous zone. 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. conglomerate. shall be undertaken by the Department or through a contractor: Provided. 5 Mineral Reservations. (aw) "Secretary" means the Secretary of the Department of Environment and Natural Resources. granite. marl. as computed for tax purposes. bauxite. diorite. (an) "President" means the President of the Republic of the Philippines. magnesite. Sec. mining. or a corporation. chemicals. coral sand. and processing thereof shall be under its full control and supervision. and sites for support facilities or in the immediate vicinity of the mining operations. andesite. partnership. utilization. When the national interest so requires. rock phosphate. 4 Ownership of Mineral Resources.
public or private works including plantations or valuable crops. further. (b) Near or under public or private buildings. and other researches as well as geological and mineral exploration surveys. Sec. upon the recommendation of the Director. The system of processing applications for mining rights shall be prescribed in the rules and regulations of this Act. they may be undertaken by a qualified person in accordance with the rules and regulations promulgated by the Secretary. CHAPTER III SCOPE OF APPLICATION Sec. Sec. alter or modify the boundaries thereof or revert the same to the public domain without prejudice to prior existing rights. The Secretary shall periodically review existing mineral reservations for the purpose of determining whether their continued existence is consistent with the national interest. That the right of the lessee of a valid mining contract existing within the reservation at the time of its establishment shall not be prejudiced or impaired. Sec. 16 Opening of Ancestral Lands for Mining Operations. dams or other infrastructure projects. Sec. The Bureau shall have direct charge in the administration and disposition of mineral lands and mineral resources and shall undertake geological. (d) In areas expressedly prohibited by law. 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. and other information relevant to mineral resources development. Charting and Delineation of Mining Areas. the President may. No ancestral land shall be opened for mining operations without the prior consent of the indigenous cultural community concerned. In the event that the Department cannot undertake such activities. other official acts affecting mining. greenbelts. Thereafter. a mineral gazette of nationwide circulation containing among others. waterways. their location in the map. The Secretary shall have the authority to enter into mineral agreements on behalf of the Government upon the recommendation of the Director. Mineral agreement or financial or technical assistance agreement applications shall not be allowed: (a) In military and other government reservations. 11 Processing of Applications. The Director shall recommend to the Secretary the granting of mineral agreements to duly qualified persons and shall monitor the compliance by the contractor of the terms and conditions of the mineral agreements. The mineral land so awarded shall be automatically excluded from the reservation during the term of the agreement: Provided. The Director may deputize. 17 Royalty Payments for Indigenous Cultural Communities. The Department shall be the primary government agency responsible for the conservation. 18 Areas Open to Mining Operations. 9 Authority of the Bureau. including timber or forestlands as defined in existing laws shall be open to mineral agreements or financial or technical assistance agreement applications. 7 Periodic Review of Existing Mineral Reservations. wilderness areas. parks. chemical. 10 Regional Offices. except upon written consent of the government agency or private entity concerned.Geosciences Bureau to be allotted for special projects and other administrative expenses related to the exploration and development of other mineral reservations mentioned in Section 6 hereof. Sec. barangay. (c) In areas covered by valid and existing mining rights. Sec. In the event of an agreement with an indigenous cultural community pursuant to the preceding section. national parks. development. provincial/municipal forests. The Bureau shall publish at least annually. There shall be as many regional offices in the country as may be established by the Secretary. promulgate such rules and regulations as may be necessary to implement the intent and provisions of this Act. Sec. watershed areas. in which case a royalty payment upon the utilization of minerals shall be agreed upon by the parties. except upon prior written clearance by the government agency concerned. subject to limitations as herein provided. Sec. duly registered nongovernmental organization (NGO) or any qualified person to police all mining activities. mining rules and regulations. Any conflict that may arise under this provision shall be heard and resolved by the panel of arbitrators. highways. a current list of mineral rights. 12 Survey. all mineral resources in public or private lands. This Act shall govern the exploration. 15 Scope of Application. and proper use of the State's mineral resources including those in reservations. the royalty payment. 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. The Bureau shall publish at least annually. For purposes of the delineation of the contract of mining areas under this Act. There shall be established a national and regional filing and recording system. The Bureau may confiscate surety. . any member or unit of the Philippine National Police. management. performance and guaranty bonds posted through an order to be promulgated by the Director. mangrove forests. reservoirs. The said royalty shall form part of a trust fund for the socioeconomic well-being of the indigenous cultural community. proclaimed watershed forest reserves. Sec. by proclamation. Provided. and (f) Old growth or virgin forests. Sec. and upon the recommendation. 19 Areas Closed to Mining Applications. Subject to any existing rights or reservations and prior agreements of all parties. 8 Authority of the Department. when necessary. Sec. cemeteries. bridges. upon utilization of the minerals shall be agreed upon by the parties. (e) In areas covered by small-scale miners as defined by law unless with prior consent of the small-scale miners. A mineral resource database system shall be set up in the Bureau which shall include. a mineral rights management system. said royalty forming a trust fund for the socioeconomic development of the community concerned. Sec. 6 Other Reservations. 13 Meridional Blocks. Mining operations in reserved lands other than mineral reservations may be undertaken by the Department. archeological and historic sites. metallurgical. A system and publication fund shall be included in the regular budget of the Bureau. That the party who undertook the exploration of said reservation shall be given priority. railroads. among others. mining. development. Sec. utilization and processing of all mineral resources. a mineral rights management system. mossy forests. 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. and lands of the public domain. 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. 14 Recording System.
That in case the applicant has been in the mining industry for any length of time. management and personnel necessary for the implementation of this agreement. A qualified person may enter into any of the three (3) modes of mineral agreement with the government for the exploration. corporations. Sec.000) blocks. one thousand (1. in the entire Philippines (1) For individuals. An exploration permit grants the right to conduct exploration for all minerals in specified areas. For purposes of mining operations. 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. a panel of arbitrators shall resolve the conflict or disagreement. joint venture agreement. series of 1992 and other laws. Sec. Sec. which application shall be granted if the permittee meets the necessary qualifications and the terms and conditions of any such agreement: Provided. (b) Onshore. The permittee may apply for a mineral production sharing agreement. cooperatives. (c) Offshore. and (2) For partnerships. 26 Modes of Mineral Agreement. or viability of a project covering a mining area may.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. cooperatives. 20 Exploration Permit. 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. Sec. the right to enter. 27 Eligibility. (c) Joint venture agreement . file with the Bureau a declaration of mining project feasibility accompanied by a work program for development. twenty (20) blocks. in any one province (1) For individuals. or cooperatives. The maximum area that a qualified person may hold at any time under a mineral agreement shall be: (a) Onshore. A holder of an exploration permit who determines the commercial . beyond five hundred meters (500m) from the mean low tide level (1) For individuals. (b) Co-production agreement . co-production agreement or financial or technical assistance agreement over the permit area. The maximum area that a qualified person may hold at any one time shall be: (a) Onshore. the permittee shall first discuss with the said parties the extent. two hundred (200) blocks. a mineral agreement may take the following forms as herein defined: (a) Mineral production sharing agreement . two hundred (200) blocks. through the Director. occupy and explore the area: Provided. within the term of the permit. or Sec. fifty (50) blocks. associations. 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. and (2) (2) For partnerships. the Government shall be entitled to a share in the gross output. and (2) For partnerships. occupation and exploration and in case of disagreement. corporations. technology. The permittee shall undertake an exploration work on the area specified by its permit based on an approved work program. one hundred (100) blocks. 25 Transfer or Assignment. The approval of the mining project feasibility and compliance with other requirements provided in this Act shall entitle the holder to an exclusive right to a mineral production sharing agreement or other mineral agreements or financial or technical assistance agreement. An exploration permit shall grant to the permittee. The Secretary. corporations. 24 Declaration of Mining Project Feasibility. 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. necessity. corporations. associations. 22 Maximum Areas for Exploration Permit. Department Administrative Order No. 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. 21 Terms and Conditions of the Exploration Permit. and (2) For partnerships. twenty (20) blocks. cooperatives. 28 Maximum Areas for Mineral Agreement. associations. Sec. his heirs or successors-in-interest. or (c) Onshore. in the entire Philippines (1) For individuals. in any one province (1) For individuals. cooperatives. development and utilization of mineral resources: Provided. 25. 7586. corporations. CHAPTER V MINERAL AGREEMENTS Sec. one hundred (100) blocks. 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. An exploration permit shall be for a period of two (2) years.is an agreement between the Government and the contractor wherein the Government shall provide inputs to the mining operations other than the mineral resource. The Bureau shall have the authority to grant an exploration permit to a qualified person. shall promulgate rules and regulations governing the terms and conditions of the permit. CHAPTER IV EXPLORATION PERMIT Sec. 23 Rights and Obligations of the Permittee. Sec. That if private or other parties are affected. four hundred (400) blocks.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. and (2) For partnerships.is an agreement where a jointventure company is organized by the Government and the contractor with both parties having equity shares. In addition. Aside from earnings in equity. forty (40) blocks. associations. subject to annual review and relinquishment or renewal upon the recommendation of the Director. (b) Onshore. or associations. The contractor shall provide the financing. ten (10) blocks. and manner of his entry.
(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 . Thereafter. and that book of accounts and records shall be open for inspection by the government. CHAPTER VI FINANCIAL OR TECHNICAL ASSISTANCE AGREEMENT Sec. its track record in mineral resource exploration. corporations. All proposed mineral agreements shall be filed in the region where the areas of interest are located. 30 Assignment/Transfer. That the contractor has met all its financial. the operation of the mine may be undertaken by the Government or through a contractor. Sec. After the renewal period. 31 Withdrawal from Mineral Agreements. 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. accounting. (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. 35 Terms and Conditions. The Secretary shall consider the notice and issue its decision within a period of thirty (30) days: Provided.(2) For partnerships. (h) Work programs and minimum expenditures commitments. 33 Eligibility. conditions.000 meridional blocks offshore. (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.000 meridional blocks onshore. foreign investments in local enterprises which are qualified for repartriation. (g) The mining operations shall be conducted in accordance with the provisions of this Act and its implementing rules and regulations. and or (3) For the exclusive economic zone. subject to relinquishment shall be: (a) 1. (l) The contractors shall furnish the Government records of geologic. and details of technical personnel to undertake the operations. The following terms. and warranties shall be incorporated in the financial or technical assistance agreement. in the opinion of the contractor. or (c) Combinations of (a) and (b) provided that it shall not exceed the maximum limits for onshore and offshore areas. That the contractor shall have the right to equal the highest bid upon reimbursement of all reasonable expenses of the highest bidder. such as. the contractor shall not raise any form of financing from domestic sources of funds. apply for the cancellation of the mineral agreement due to causes which. 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. by giving due notice at any time during the terms of the agreement. details of technology to be employed in the proposed operation. 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. That such amount shall be subject to changes as may be provided for in the rules and regulations of this act. whether in Philippine or foreign currency. 32 Terms. (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. 34 Maximum Contract Area. The filing of a proposal for a mineral agreement shall give the proponent the prior right to areas covered by the same. the President shall provide a list to Congress of every approved mineral agreement within thirty (30) days from its approval by the Secretary. and renewable for another term not exceeding twenty-five (25) years under the same terms and conditions thereof. providing an exploration period up to two (2) years. except in mineral reservations which shall be filed with the Bureau. The contractor may. (d) Representations and warranties that the applicant has all the qualifications and none of the disqualifications for entering into the agreement. 463. cooperatives. (f) Representations and warranties that. unless patently unconstitutional or illegal. of an amount corresponding to the expenditure obligation that will be invested in the contract area: Provided. (c) Submission of proof of technical competence. subject to the relinquishment obligations. 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. Mineral agreements shall have a term not exceeding twenty-five (25) years to start from the date of execution thereof. (b) 4. if circumstances demand. and utilization. managerial and technical expertise and. to wit: (a) A firm commitment in the form of a sworn statement. and further. 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. for conducting its mining operations for and in the contract area. a larger area to be determined by the Secretary. Sec. development. The proposed mineral agreement will be approved by the Secretary and copies thereof shall be submitted to the President. Sec. development. and utilization of mineral resources in the Philippines may enter into a financial or technical assistance agreement directly with the Government through the Department. and other relevant data for its mining operations. 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. 29 Filing and Approval of Mineral Agreements. five hundred (500) blocks. when proper. The maximum contract area that may be granted per qualified person. Sec. make continued mining operations no longer feasible or viable. (e) Representations and warranties that the contractor has or has access to all the financing. Sec. without prejudice to charges mutually agreed upon by the parties. (i) Preferential use of local goods and services to the maximum extent practicable. fiscal and legal obligations. and local supplier's credits and such other generally accepted and permissible financial schemes for raising funds for valid business purposes. except for payments for dispositions for its equity. associations. but not limited to. Sec. Any qualified person with technical and financial capability to undertake large-scale exploration.
marble. pay a quarry fee as provided for under the implementing rules and regulations. Sec. without undergoing processing from an area of not more than five hectares (5 has. Small-scale mining shall continue to be governed by Republic Act No. The provincial governor shall grant the permit after the applicant has complied with all the requirements as prescribed by the rules and regulations. The Secretary shall recommend its approval to the President. the holder thereof shall be given the opportunity to be heard in an investigation conducted for the purpose. Sec. All financial or technical assistance agreement proposals shall be filed with the Bureau after payment of the required processing fees. No quarry permit shall be issued or granted on any area covered by a mineral agreement. A financial or technical assistance agreement shall have a term not exceeding twenty-five (25) years to start from the execution thereof. Sec. That the mineral agreement shall only be for the remaining period of the original agreement. Any qualified person may apply to the provincial/city mining regulatory board for a quarry permit on privately-owned lands and/or public lands for building and construction materials such as marble. A quarry permit shall have a term of five (5) years. The permittee shall also pay the excise tax as provided by pertinent laws. to a qualified person subject to the prior approval of the President: Provided. financial or technical assistance agreements and other mining rights are not impaired or prejudiced thereby. or financial or technical assistance agreement. renewable for like periods but not to exceed a total term of twenty-five (25) years. Sec. Sec. granite. Sec. partnership. 7076 and other pertinent laws. 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. association.) at any one time. 42 Small-scale Mining. sand and gravel and construction agreements. A mineral agreement or a financial technical assistance agreement contractor shall. serpentine. Sec. 47 Industrial Sand and Gravel Permit. 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. clay for ceramic tiles and building bricks.) and in such quantities as may be specified in the permit. the Secretary shall approve the conversion and execute the mineral production-sharing agreement. further. That the contractor has complied or satisfied all his financial. Sec. pumice. A permittee shall. 44 Quarry Fee and Taxes.and conditions as provided for under the rules and regulations of this Act. 40 Assignment/Transfer. That before the cancellation of such permit. 48 Exclusive Sand and Gravel Permit. That existing mineral agreements. basalt. however. or cooperative. 41 Withdrawal from Financial or Technical Assistance Agreement. 45 Cancellation of Quarry Permit. after proper notice to the Secretary as provided for under the implementing rules and regulations: Provided. perlite and other similar materials that are extracted by quarrying from the ground. 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. 39 Option to Convert into a Mineral Agreement. 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. a qualified person and the government may enter into a mineral agreement as defined herein. A financial or technical assistance agreement shall be negotiated by the Department and executed and approved by the President. Upon compliance with this requirement by the contractor. In the case of a foreign contractor. if the economic viability of the contract area is found to be inadequate to justify largescale mining operations. (n) Provide for consultation and arbitration with respect to the interpretation and implementation of the terms and conditions of the agreements. during the term of his permit. provided that there will be no commercial disposition thereof. A financial or technical assistance agreement may be assigned or transferred. Sec. The contractor shall manifest in writing to the Secretary his intention to withdraw from the agreement. The President shall notify Congress of all Financial or technical assistance agreements within thirty (30) days from execution and approval thereof. tuff. If the proposal is found to be sufficient and meritorious in form and substance after evaluation. inset filing materials. it shall be recorded with the appropriate government agency to give the proponent the prior right to the area covered by such proposal: Provided. Sec. in whole or in part. andesite. The Secretary may accept the withdrawal: Provided. 46 Commercial Sand and Gravel Permit. That in large-scale quarry operations involving cement raw materials. granite. even after he has exerted reasonable diligence to remedy the cause or the situation. 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. adobe. That said right shall be coterminous with the expiration of the agreement. 43 Quarry Permit. The permit shall have a term of five (5) years. 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. The maximum area which a qualified person may hold at any one time shall be five hectares (5 has.): Provided. 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. 38 Terms of Financial or Technical Assistance Agreement. renewable for not more than twenty-five (25) years under such terms and conditions as may be provided by law. CHAPTER VII SMALL-SCALE MINING Sec. it shall reduce its equity to forty percent (40%) in the corporation. 37 Filing and Evaluation of Financial or Technical Assistance Agreement Proposals. That monthly reports of the quantity of materials extracted therefrom shall be submitted to the mines regional office concerned: Provided. 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. gabbro. 36 Negotiations. renewable for a like period but not to exceed a total term of twenty-five (25) years. Sec. . CHAPTER VIII QUARRY RESOURCES Sec. conglomerate. fiscal or legal obligations. if in his judgement the mining project is no longer economically feasible.
Ore samples not exceeding two metric tons (2 m. 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.) to be used exclusively for assay or pilot test purposes shall be exempted from such requirement. Sec. national or local. required highly-specialized training or long experience in exploration. 51 Guano Permit. and the like: and (b) Any activity or expenditure directed towards the development of geosciences and mining technology such as. whichever is longer: Provided. 62 Employment of Filipinos. CHAPTER X DEVELOPMENT OF MINING AND MINING TECHNOLOGY COMMUNITIES. 57 Expenditure for Community Development and Science and Mining Technology. Sec. Transport permits shall be issued by the mines regional director who has jurisdiction over the area where the ores were extracted. 50 Private Gratuitous Permit. 54 Mineral Trading Registration. the Provincial Mining Regulatory Board (PMRB) concerned shall formulate their own policies to govern such transport of ores produced by small-scale miners. Sec. with a copy of said registration submitted to the Bureau. services and scientific and technical resources in the mining operations. and the vehicle containing the same. That each foreigner employed as mine manager. or (b) Shall pass examination. Appropriate supervision and control mechanisms shall be prescribed in the implementing rules and regulations of this Act. but not limited to. Activities that may be credited as expenditures for development of mining communities. institutional and manpower development. or the appropriate government licensure (c) In special cases. Sec. That if reciprocal privileges are extended to Filipino nationals . 613. A permit specifying the origin and quantity of non-processed mineral ores or minerals shall be required for their transport. subject to the provision of Commonwealth Act No. where the same are of equivalent quality. Sec. SCIENCE Sec. 59 Training and Development. Sec. development or utilization of mineral resources: Provided. 56 Eligibility of Foreign-owned/-controlled Corporation. Sec. as amended. to ensure that said infrastructure and facilities are continuously maintained and utilized by the host and neighboring communities. the processing thereof as well as the licensing of their custom mills. or collective bargaining agreements. 49 Government Gratuitous Permit. for technical and specialized work which in his judgement and with the approval of the Director. 52 Gemstone Gathering Permit. unless registered with the Department of Trade and Industry and accredited by the Department. however. No person shall engage in the processing of minerals without first securing a minerals processing permit from the Secretary. otherwise. Prior to cessation of mining operations occasioned by abandonment or withdrawal of operations. 53 Ore Transport Permit. either locally or internationally. the contractor may. the tools and equipment utilized. SALE AND PROCESSING OF MINERALS Sec. including the management thereof. shall not be hindered from hiring employees of his own selection. 55 Minerals Processing Permit. CHAPTER IX TRANSPORT. Sec. subject to the necessary government clearances. further. In the case of mineral ores or minerals being transported from the smallscale mining areas to the custom mills or processing plants. on public lands by the contractor.t. vice-president for operations or in an equivalent managerial position in charge of mining. A contractor shall give preference to the use of local goods. 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. Services and Technologies. 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. 58 Credited Activities. 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. 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. quarrying or drilling operation shall: (a) Present evidence of his qualification and work experience. and basic and applied researches. all the social infrastructure and facilities shall be turned over or donated tax-free to the proper government authorities. Any government entity or instrumentality may be granted a gratuitous permit by the provincial governor to extract sand and gravel. milling. For highly-technical and specialized mining operations. or processing plants shall continue to be governed by the provisions of Republic Act No. A foreign-owned/-controlled corporation may be granted a mineral processing permit. Sec. No person shall engage in the trading of mineral products. 7076.) for a period coterminous with said construction. 60 Use of Indigenous Goods. That said right shall be coterminous with the expiry dates of the lease. the promotion of the general welfare of its inhabitants. Sec. however.Holders of existing mining leases shall likewise have the same rights as that of a contractor: Provided. and the development of science and mining technology. the latter shall have a period of one (1) year therefrom within which to remove his improvements. That in no case shall each employment exceed five (5) years or the payback period as represented in original project study. In the case of mineral ores or minerals produced by the small-scale miners. may be permitted to work by the Director for a period not exceeding one (1) year: Provided. and are available on equivalent terms as their imported counterparts. 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. Any owner of land may be granted a private gratuitous permit by the provincial governor. 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. Sec. The contractor. employ qualified foreigners. 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. 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. A contractor shall assist in the development of its mining community. 61 Donations/Turn Over of Facilities. Sec.
technical and preventive aspects of rehabilitation. In case of any incident or accident. aquaculture. airports. slope stabilization of mined-out and tailings covered areas. Any provision of law to the contrary notwithstanding. tramways. Personnel of the Department involved in the implementation of mines safety. That if the land covered by the mining area is already covered by existing timber concessions. In case of imminent danger to life or property. forthwith or within such time as specified in his order. the . causing or creating the danger of loss of life or serious physical injuries. Every contractor shall undertake an environmental protection and enhancement program covering the period of the mineral agreement or permit. as may be provided in the implementing rules and regulations of this Act. 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. Contractors and permittees shall technically and biologically rehabilitate the excavated minedout. That water rights already granted or vested through long use. Sec. 7305. 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 Director may grant waivers or exemptions. tunnels. The regional director shall have exclusive jurisdiction over the safety inspection of all installations. Except during the exploration period of a mineral agreement or financial or technical assistance agreement or an exploration permit. 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. staging or storage areas and port facilities.in the country of domicile. recognized and acknowledged by local customs. 66 Mine Inspection. People's organizations and non-governmental organizations shall be allowed and encourage to participate in ensuring that contractors/permittees shall observe all the requirements of environmental protection. Sec. runways. upon consultation with the contractor. warehouses. rules and regulations promulgated thereunder: Provided. When mining areas are so situated that for purposes of more convenient mining operations it is necessary to build. Sec. in consultation with the Environmental Management Bureau. Sec. tailings covered and disturbed areas to the condition of environmental safety. waste dump sites. 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. 65 Mine Supervision. 64 Mine Labor. the mines regional director may summarily suspend the mining or quarrying operations until the danger is removed. Sec. surface or underground. shafts. and decisions of courts shall not thereby be impaired: Provided further. laws. revegetation and reforestation of mineralized areas. Sec. 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. 75 Easement Rights. Sec. 72 Timber Rights. Sec. Failure to fulfill the above obligation shall mean immediate suspension or closure of the mining activities of the contractor/permittee concerned. occupied or leased by other persons. and socioeconomic development. which is not in accordance with safety and anti-pollution laws and regulations. watershed development and water conservation. All mining and quarrying operations that employ more than fifty (50) workers shall have at least one (1) licensed mining engineer with at least five (5) years of experience in mining operations. and one (1) registered foreman. nongovernmental and people's organizations and other concerned sectors of the community: Provided. ditches. based on the contractor's approved work program. regeneration. sites for water wells. 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. canals. construct or install on the mining areas or lands owned. That a completed ecological profile of the proposed mining area shall also constitute part of the environmental impact assessment. Sec. rules and regulations: Provided. health and environmental rules and regulations shall be covered under Republic Act No. the timber concessionaire/permittee and the Forest Management Bureau of the Department: Provided. electric transmission. The contractor shall perform reforestation work within his mining area in accordance with forestry laws. 71 Rehabilitation. 68 Report of Accidents. flumes. 63 Mines Safety and Environmental Protection. the volume of timber needed and the manner of cutting and removal thereof shall be determined by the mines regional director. CHAPTER XI SAFETY AND ENVIRONMENTAL PROTECTION Sec. 74 Right to Possess Explosives. the matter shall be submitted to the Secretary whose decision shall be final. railroads. No person under sixteen (16) years of age shall be employed in any phase of mining operations and no person under eighteen (18) years of age shall be employed underground in a mine. The mines regional director shall. 70 Environmental Impact Assessment (EIA). pipelines. 67 Power to Issue Orders. mills. rules and regulations. which is not in accordance with safety and anti-pollution laws and regulations. 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 government agency in accordance with existing laws. 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. further. require the contractor to remedy any practice connected with mining or quarrying operations. 69 Environmental Protection. or appropriate measures are taken by the contractor or permittee. telephone or telegraph lines. That in case of disagreement between the contractor and the timber concessionaire. the person in charge of operations shall immediately report the same to the regional office where the operations are situated. A contractor shall have water rights for mining operations upon approval of application with the appropriate government agency in accordance with existing water laws. Sec. A mine rehabilitation fund shall be created. new river beds. dams and their normal flood and catchment areas. That the Government reserves the right to regulate and control the explosive accessories to ensure safe mining operations. rules and regulations promulgated thereunder: Provided. such infrastructure as roads. or mills. and prior consultation with the local government units. The work program shall include not only plans relative to mining operations but also to rehabilitation. 73 Water Rights. tailings ponds. 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. CHAPTER XII AUXILIARY MINING RIGHTS Sec. Sec. cuts.
issue subpoenas requiring the attendance and testimony of witnesses or the production of such books. 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. among other things. CHAPTER XIV GOVERNMENT SHARE Sec. correct. special allowance. all in the interest of due process. or waive any error. 79 Mines Adjudication Board. (b) To administer oaths. In any proceeding before the Board. (d) Disputes pending before the Bureau and the Department at the date of the effectivity of this Act. proceed to hear and determine the disputes in the absence of any party thereto who has been summoned or served with notice to appear. That to guarantee such compensation. (b) risks involved. Within thirty (30) working days. 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. CHAPTER XIII SETTLEMENT OF CONFLICTS Sec. where it is trivial or where further proceedings by the Board are not necessary or desirable. and impose appropriate penalties therefor. and to testify in any investigation or hearing conducted in pursuance of this Act. and shall consist. post a bond with the regional director based on the type of properties. summon the parties to a controversy. the prevailing prices in and around the area where the mining operations are to be conducted. in case of a foreign national. may cause grave or irreparable damage to any of the parties to the case or seriously affect social and economic stability. 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. . occupants. directly or indirectly. and (2) To enjoin any or all acts involving or arising from any case pending before it which. Sec. special allowance. The share of the Government in co-production and joint-venture agreements shall be negotiated by the Government and the contractor taking into consideration the: (a) capital investment of the project. the contractor's corporate income tax. refer technical matters or accounts to an expert and to accept his report as evidence after hearing of the parties upon due notice. occupants and (c) To conduct hearings on all matters within its jurisdiction. and duly designated by the Secretary as recommended by the Mines and Geosciences Bureau Director. occupant. There shall be a panel of arbitraters in the regional office of the Department composed of three (3) members. 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. Sec. 80 Government Share in Mineral Production Sharing Agreement. conduct its proceedings or any part thereof in public or in private. holders of mining rights shall not be prevented from entry into private lands and concession areas by surface owners. 77 Panel of Arbitrators. defect or irregularity. withholding tax due from the contractor's foreign stockholders arising from dividend or interest payments to the said foreign stockholders. Sec. the parties may be represented by legal counsel. 81 Government Share in Other Mineral Agreements. as amended. with surety or sureties satisfactory to the regional director. Those designated as members of the panel shall serve as such in addition to their work in the Department without receiving any additional compensation. the panel shall have exclusive and original jurisdiction to hear and decide on the following: (a) Disputes involving rights to mining areas. The Government share in financial or technical assistance agreement shall consist of. and all such other taxes. and such rules and regulations as may be necessary to carry out its functions. further. The Board shall have the following powers and functions: (a) To promulgate rules and regulations governing the hearing and disposition of cases before it. excise tax. Subject to prior notification.contractor. (1) to hold any person in contempt. amend. 76 Entry into Private Lands and Concession Areas. adjourn its hearings at any time and place. 78 Appellate Jurisdiction. records. or concessionaire as a consequence of such operations shall be properly compensated as may be provided for in the implementing rules and regulations: Provided. and owners. agreements. That any damage done to the property of the surface owner. (b) Disputes involving mineral agreements or permits. The total government share in a mineral production sharing agreement shall be the excise tax on mineral products as provided in Republic Act No. direct parties to be joined in or excluded from the proceedings. among other things. statement of accounts. paper. duties and fees as provided for under existing laws. The Mines Adjudication Board shall be composed of three (3) members. if not restrained forthwith. prior thereto. contracts. In any proceeding before the Board. duties and fees as provided for under existing laws. shall be entitled to enter and occupy said mining areas or lands. whether in substance or in form. The presiding officer shall be on a yearly basis. Sec. The Government shall also be entitled to compensations for its other contributions which shall be agreed upon by the parties. upon payment of just compensation. excise tax. 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. and (d) other factors that will provide for a fair and equitable sharing between the Government and the contractor. 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. amending Section 151(a) of the National Internal Revenue Code. 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. (c) contribution of the project to the economy. the person authorized to conduct mining operation shall. and other documents as may be material to a just determination of the matter under investigation. as well as those pertaining to its internal functions. 7729. 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. or concessionaires when conducting mining operations therein: Provided. As much as practicable. said members shall come from the different bureaus of the Department in the region. 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. after the submission of the case by the parties for decision. the contractor's income tax. 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. (c) Disputes involving surface claimholders/concessionaires.
and shall not be subject to real property and other taxes or assessments: Provided. marine life and aquatic resources.Fifty pesos (P50. 93 Income Tax-Accelerated Depreciation. 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. and financial or technical assistance agreements shall be entitled to the applicable fiscal and non-fiscal incentives as provided for under Executive Order No. Sec. If the fee is not paid on the date specified. 87 Manner of payment of Fees. 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. The Secretary is authorized to charge reasonable filing fees and other charges as he may prescribe in accordance with the implementing rules and regulations. The entire amount of the loss shall be carried over to the first of the five (5) taxable years following the loss. area in hectares. or to the Director in case of offshore mining areas.Five pesos (P5. CHAPTER XV TAXES AND FEES Sec. when public interest so requires. 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. (a) For exploration permit .One hundred pesos (P100. In a chartered city. the excise tax on mineral products shall be the government share under said agreement. an annual occupation fee in accordance with the following schedule. CHAPTER XVI INCENTIVES Sec. otherwise known as the Omnibus Investments Code of 1987: Provided. (b) For mineral agreements and financial or technical assistance agreements . inclusive. 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.00) per hectare or fraction thereof per annum. 226. That with respect to a mineral production sharing agreement. 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. The contractors in mineral agreements. and (c) Infrastructure and the revegetation and rehabilitation of silted farm lands and other areas devoted to agriculture and fishing caused by mining pollution. 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. 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. 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. That payment of mine wastes and tailings fees is not exempted. The Secretary is authorized to increase the occupation fees provided herein when the public interest so requires. After the lapse of the income tax holiday as provided for in the Omnibus Investments Code. agricultural crops and forest products. Pollution control devices acquired. as amended. constructed or installed by contractors shall not be considered as improvements on the land or building where they are placed. 85 Mine Wastes and Tailings Fees. Sec. location. Sec. however. cultural resources.00) per hectare or fraction thereof per annum. Sec. 84 Excise Tax on Mineral Products. however. 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. it shall be increased by twenty-five per centum (25%). 89 Filing Fees and Other Charges. 90 Incentives. unless otherwise provided in this Act. financial or technical assistance agreement or exploration permit on public or private lands. Sec.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. (b) Lands. the contractor shall be liable to pay income tax as provided in the National Internal Revenue Code. 7160 otherwise known as the Local Government Code of 1991. 82 Allocation of Government Share. 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. exploration. For this purpose. the sharing and allocation shall be in accordance with Sections 291 and 292 of the said Code. The Secretary is authorized to increase mine wastes and tailings fees. Sec. and date registered. Sec. and development expenditures. It shall be paid to the treasurer of the municipality or city where the onshore mining areas are located. In computing for taxable income. 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. 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. and (c) For mineral reservation . upon the recommendation of the Director. 91 Incentives for Pollution Control Devices. A semi-annual fee to be known as mine wastes and tailings fee is hereby imposed on all operating mining companies in accordance with the implementing rules and regulations. In case the development and utilization of mineral resources is undertaken by a government-owned or controlled corporation. the contractor may. There shall be collected from any holder of a mineral agreement. further. Sec. at his option. upon recommendation of the Bureau Director. and the depreciation thereon allowed as deduction from taxable income: Provided. 83 Income Taxes. Sec. 86 Occupation Fees. 88 Allocation of Occupation Fees. the appropriate officer shall submit to the treasurer of the municipality or city where the onshore mining area is located. a complete list of all onshore mining rights registered with his office. 92 Income Tax-Carry Forward of Losses. indicating therein the names of the holders. That the total amount deductible for exploration and . 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. Sec.00) per hectare or fraction thereof per annum. the full amount shall accrue to the city concerned.
96 Violation of the Terms and Conditions of Permits or Agreements. 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. In the case of associations. Sec. 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 alter. permit. Allowable deductions shall include mining. The right to be free from expropriation by the government of the property represented by investments or loans. Any person who willfully destroys or damages structures in or on the mining area or on the mill sites shall. corporation. mining agreement and financial or technical assistance agreement. change or affect substantially the facts set forth in said statements may cause the revocation and termination of the exploration permit. 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. at the discretion of the appropriate court. license. or partnership. Any person who knowingly presents any false application. he shall be liable to pay damages and compensation for the minerals removed. or evidence to the Government or publishes or causes to be published any prospectus or other information containing any false statement relating to mines. The Mines and Geosciences Bureau is hereby transformed into a line bureau consistent with Section 9 of this Act: Provided.00). the president and each of the directors thereof shall be responsible for the acts committed by such association. 102 Illegal Exploration. All statements made in the exploration permit.development expenditures shall not exceed twenty-five per centum (25%) of the net income from mining operations. 97 Non-payment of taxes and Fees. 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. 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. 104 Destruction of Mining Structures. (e) Requisition of investment. 98 Suspension or Cancellation of Tax Incentives and Credits. Sec. Sec. mineral agreement. upon conviction. 94 Investment Guarantees. or both. partnerships. 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. be penalized by a fine of not exceeding Fifty thousand pesos (P50.000. mining operations or mineral agreements. In addition. Sec. or corporations. Failure to pay the taxes and fees due the Government for two (2) consecutive years shall cause the cancellation of the exploration permit. 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. (c) Foreign loans and contracts. (f) Confidentiality. (d) Freedom from expropriation. 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. (a) Repatriation of investments. (b) Remittance of earnings. 95 Late or Non-filing of Requirements. be imprisoned for a period not to exceed five (5) years and shall. REVOCATION. 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. be imprisoned from six (6) months to six (6) years or pay a fine from Ten thousand pesos (P10. Sec. upon conviction. In such cases.the number and specific functions of which shall be provided in the implementing rules and regulations of this Act. Net income from mining operation is defined as gross income from operations less allowable deductions which are necessary or related to mining operations. 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. and during the term of the project to which it relates. Violations of the terms and conditions of the permits or agreements shall be a sufficient ground for cancellation of the same.00). 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.000. 103 Theft of Minerals. 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. Sec. and disposed of. extracted. be penalized by a fine of not exceeding Ten Thousand Pesos (P10. AND Sec. Any person undertaking exploration work without the necessary exploration permit shall. pay compensation for the damages which may have been caused thereby. declaration. CHAPTER XVII GROUND FOR TERMINATION CANCELLATION. 100 From Staff Bureau to Line Bureau. Sec. upon conviction.00). or steals minerals or ores or the products thereof from mines or mills or processing plants shall. depreciation or properties directly used in the mining operations. Failure of the permittee or contractor to comply with any of the requirements provided in this Act or in its implementing rules and regulations. shall be sufficient ground from the suspension of any permit or agreement provided under this Act. Any person extracting minerals and disposing the same without a mining agreement. CHAPTER XVIII ORGANIZATIONAL AND INSTITUTIONAL ARRANGEMENT Sec. milling and marketing expenses. financial or technical assistance agreements and permits shall. Failure to abide by the terms and conditions of tax incentives and credits shall cause the suspension or cancellation of said incentives and credits. .00) to Twenty thousand pesos (P20. lease. without a valid reason. CHAPTER XIX PENAL PROVISIONS Sec. That under the Mines and Geosciences Bureau shall be the necessary mines regional.000. Sec. 99 Falsehood or Omission of Facts in the Statement. district and other pertinent offices . 101 False Statements.000. upon conviction. Just compensation shall be determined and paid either at the time or immediately after cessation of the state of war or national emergency. in addition. financial or technical assistance agreement and other agreements and the re-opening of the area subject thereof to new applicants.
Sec. 110 Other Violations. 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. sizing. 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. Sec. 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. economic. polishing and other similar activities. The People's Small-scale Mining Program shall include the following features: (a) The identification. cyanidation. without justifiable cause. and (m) "Secretary" refers to the Secretary of the Department of Environment and Natural Resources. unlawfully causes water to run into a mine. joint venture or mineral production sharing agreement between the State and a small-scale mining contractor for the smallscale utilization of a plot of mineral land.000. rope. kaolin.000. Sec. marble. under the terms and conditions of a contract. Sec. upon conviction. there is hereby established a People's Smallscale Mining Program to be implemented by the Secretary of the Department of Environment and Natural Resources. or both. silica. damages or destroys any machine. 109 Illegal Obstruction to Government Officials. (c) "Small-scale miners" refer to Filipino citizens who. designed to achieve an orderly. lease. Declaration of Policy. in the extraction or removal of minerals or ore-bearing materials from the ground. the following terms shall be defined as follows: (a) "Mineralized areas" refer to areas with naturally occurring mineral deposits of gold. license or permit covering a mineralized area prior to its declaration as a people's small-scale mining area. 4. (g) "Existing mining right" refers to perfected and subsisting claim. systematic and rational scheme for the small-scale development and utilization of mineral resources in certain mineral areas in order to address the social. technical. cutting. People's Small-scale Mining Program. Definitions. (e) "Small-scale mining contractor" refers to an individual or a cooperative of small-scale miners. agreement or lease from undertaking his mining operations shall be punished. shall be guilty of arson and shall be punished. (k) "Mining plan" refers to a two-year program of activities and methodologies employed in the extraction and production of minerals or ore-bearing materials. 107 Illegal Obstruction to Permittees or Contractors. shall be punished. or obstructs any shaft or passage to a mine. Any person who illegally prevents or obstructs the Secretary. development. 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. 7076: People's Small-scale Mining Act Sec. 111 Fines. — For the purpose of carrying out the declared policy provided in Section 2 hereof. Sec. individually or in the company of other Filipino citizens. or both at the discretion of the court. — For purposes of this Act. or both.000. by the appropriate court. segregation and reservation of certain mineral lands as people's small-scale mining areas. Any person who willfully sets fire to any mineral stockpile. Sec. pay compensation for the damages caused thereby. chromite. appliance. at the discretion of the court. 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. 105 Mines Arson. in addition. Sec. by imprisonment not exceeding a period of five (5) years and shall. fittings or a mine. registered with the Securities and Exchange Commission or other appropriate government agency. 3. 108 Violation of the Terms and Conditions of the Environmental Compliance Certificate. prevents or obstructs the holder of any permit. (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. or any other things used in a mine. in coordination with other concerned government agencies. — It is hereby declared of the State to promote. 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. (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. or renders useless. (b) The recognition of prior existing rights and productivity. by a fine not exceeding Five thousand pesos (P5. (l) "Director" refers to the regional executive director of the Department of Environment and Natural Resources. but in no case to exceed the maximum area allowed by law. (d) "Small-scale mining contract" refers to co-production. (h) "Claimowner" refers to a holder of an existing mining right. upon conviction. hereinafter called the Department. apparatus. Sec. including the financial plan and other resources in support thereof. voluntarily form a cooperative duly licensed by the Department of Environment and Natural Resources to engage.00). 2. . in addition. by the appropriate court. clay and like mineral resources. upon conviction by the appropriate court. by the appropriate court in accordance with the provisions of the Revised Penal Code and shall. chain.000.00) to Two Hundered Thousand Pesos (P200. silver. upon conviction. giving due regard to existing rights as herein provided. (f) "Active mining area" refers to areas under actual exploration. 106 Willful Damage to a Mine. Any person who willfully damages a mine. leaching benefication. and environmental connected with small-scale mining activities.00) or by imprisonment not exceeding one (1) year. Any person who. by a fine not exceeding Five thousand pesos (P5. at the discretion of the court.00). tackle.00) or imprisonment not exceeding one (1) year. 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. mine or workings. gravel. pay compensation for the damages caused thereby. develop.000. (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. Sec.
(c) Comply with his obligations to the holder of an existing mining right. landowner or lessor of an affected area. Registration of Small-scale Miners. That the minerals found therein are technically and commercially suitable for small-scale mining activities: Provided. vi (b) Public lands covered by existing mining rights which are not active mining areas. 9. claimowner. assigned or otherwise transferred. when suitable for small-scale mining. (e) Environmental impact and other considerations. finally. — The Board shall determine the reasonable size and shape of the contract area following the meridional block system established under Presidential Decree No. 12. Sec. further. otherwise known as the Mineral Resources Development Decree of 1974. particularly those on tree-cutting mineral-processing and pollution control. (d) Safety of miners. landowner or lessor. Sec. royalties or government production share as are now or may hereafter be provided by law. That priority shall be given or city where the small-scale mining area is located. (d) The extension of technical and financial assistance. garden. That such areas are not considered as active mining areas: Provided.) or less. parks and wildlife reservations. unless their status as such is withdrawn by competent authority. (f) The generation of ancillary livelihood activities.) from such cemetery or burial site. subject to payment of reasonable fees to the operator. plant nursery. Terms and Conditions of the Contract. or land situated within one hundred meters (100 m. if ancestral lands are declared as people's small-scale mining areas. and (c) Private lands. Sec. further. (g) The regulation of the small-scale mining industry with the view to encourage growth and productivity. (b) Size of mineralized area. — The Board is hereby authorized to declare and set aside people's small-scale mining areas in sites onshore suitable for small-scale mining. 6. may be declared by the Board as people's small scale mining areas: (a) Public lands not subject to any existing right. Sec. — 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. and . and (f) Other related circumstances. — 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. 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. except those with substantial improvements or in bona fide and regular use as a yard. — No ancestral land may be declared as a people's small-scale mining area without the prior consent of the cultural communities concerned: Provided. (f) File under oath at the end of each month a detailed production and financial report to the Board. 463. 7. water reservoir or a separate parcel of land with an area of ten thousand square meters (10. (c) Quantity of mineral deposits. Sec. (d) Pay all taxes. stockyard.000 sq.(c) The encouragement of the formation of cooperatives. 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. m. subject to certain rights and conditions. 13. processing plants which are necessary for the effective implementation of the People's Small-scale Mining Program. Sec. the members of the cultural communities therein shall be given priority in the awarding of small-scale mining contracts. extract and dispose of mineral ores for commercial purposes. 1987: Provided. and other social services. Sec. and (h) The efficient collection of government revenue. port and communication facilities. 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.) per contractor and the depth or length of the tunnel or adit not exceeding that recommended by the director taking into account the following circumstances: (a) Size of membership and capitalization of the cooperative. Sec. (e) The extension of assistance in processing and marketing. subject to review by the Secretary. renewable subject to verification by the Board for like periods as long as the contractor complies with the provisions set forth in this Act. and confers upon the contractor the right to mine within the contract area: Provided. 11. in consultation with the operator. immediately giving priority to areas already occupied and actively mined by small-scale miners before August 1. 5. That the areas are not covered by existing forest rights or reservations and have not been declared as tourist or marine reserved. Sec. Declaration of People's Small-scale Mining Areas. That. In no case shall a small-scale mining contract be subcontracted. — The following lands. plantation. Provided. 10. — A contract shall have a term of two (2) years. (b) Abide by the Mines and Geosciences Bureau and the small-scale Mining Safety Rules and Regulations. shall determine the right of the small scale miners to existing facilities such as mining and logging roads. Rights Under a People's Small-scale Mining Contract. (e) Comply with pertinent rules and regulations on environmental protection and conservation. but in no case shall the area exceed twenty hectares (20 has. private roads. — A people's small-scale mining contract entitles the smallscale mining contractor to the right to mine. Extent of Contract Area. Future People's Small-scale Mining Areas. — Upon the declaration of a people's small-scale mining area. claimowner. 8. Easement Rights. the director. Ancestral Lands. as amended. cemetery or burial site. Award of People's Small-scale Mining Contracts.
subject to review by the Secretary: . Sec. Sec. Custom Mills. 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. 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. Sec. 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. Sec. That royalties paid to the owner shall in no case exceed one percent (1%) of the gross value of the minerals recovered as royalty. (b) Subject to the approval of the Board. 19. and real property taxes. further. — There is hereby created a People's Small-scale Mining Protection Fund which shall be fifteen percent (15%) of the national government's share due the Government which shall be used primarily for information dissemination and training of small-scale miners on safety. rental. People's Small-scale Mining Protection Fund.00) and not more than One hundred thousand pesos (P100. 24. as well as the abandonment of the mining site by the contractor. herein called the Board. That. — All gold produced by small-scale miners in any mineral area shall be sold to the Central Bank. Rights of Private Landowners. — The establishment and operation of safe and efficient customs mills to process minerals or orebearing materials shall be limited to mineral processing zones duly designated by the local government unit concerned upon recommendation of the Board. 17. Sec. — There is hereby created under the direct supervision and control of the Secretary a provincial/city mining regulatory board. the owner and the small-scale mining contractors are encouraged to enter into a voluntary and acceptable contractual agreement for the small-scale utilization of the mineral values from the private land: Provided. He may sell the tailings or have them processed in any custom mill in the area: Provided. or its duly authorized representatives. 14. Sec. upon recommendation of the director. That they comply with the provisions of this Act. Ownership of Mill Tailings. Sec. 18.00). Custom mills shall be constituted as withholding agents for the royalties. Said landowner may oppose such plan or petition in an appropriate proceeding and hearing conducted before the Board. The Central Bank shall establish as many buying stations in gold-rush areas to fully service the requirements of the smallscale minerals thereat. health and environmental conditions warrant that the same shall revert to the State for proper disposition. If a private land is declared as a people's small-scale mining area. 20. provided such activities do not unduly interfere with the operations of the small-scale miners. the claimowner shall have a preemptive right to purchase said mill tailings at the prevailing market price. and the establishment of mine rescue and recovery teams including the procurement of rescue equipment necessary in cases of emergencies such as landslides. health and environmental protection. 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. Rights of Claimowners. — Smallscale miners who have been in actual operation of mineral lands on or before August 1. 1987 as determined by the Board shall not be dispossessed. production share or other taxes due the Government. Actual Occupation by Small-scale Miners. In case of disagreement. explorations and other activities. free access to the contract area to conduct metallurgical tests. The fund shall also be made available to address the needs of the small-scale miners brought about by accidents and/or fortuitous events. Sec. Sec. Provincial/City Mining Regulatory Board. Sec. which shall buy it at prices competitive with those prevailing in the world market regardless of volume or weight. — The Secretary. the Secretary may impose fines against the violator in an amount of not less than Twenty thousand pesos (P20. Rescission of Contracts and Administrative Fines. which shall be the implementing agency of the Department. — 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. 23. or the like. In mining areas where the private sector is unable to establish custom mills. Reversion of People's Small-scale Mining Areas. — In case a site declared and set aside as a people's-scale mining area is covered by an existing mining right. Sale of Gold. 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. The Board shall issue licenses for the operation of custom mills and other processing plants subject to pollution control and safety standards. In addition. 22.(g) Assume responsibility for the safety of persons working in the mines. 16. — The small-scale mining contractor shall be the owner of all mill tailings produced from the contract area. ejected or removed from said areas: Provided. — 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.000. tunnel collapse. Nonpayment of the fine imposed shall render the small-scale mining contractor ineligible for other smallscale mining contracts. 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. The Department shall establish assay laboratories to crosscheck the integrity of custom mills and to render metallurgical and laboratory services to mines. Sec. — 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. shall constitute a ground for the cancellation of the contracts and the ejectment from the people's small-scale mining area of the contractor. and shall exercise the following powers and functions. 21. the Government shall construct such custom mills upon the recommendation of the Board based on the viability of the project. if the small-scale mining contractor decide to sell its mill tailings.000. 15. Government Share and Allotment.
V. the Environment Secretary Victor Ramos issued DENR Administrative Order 95-23.” Conspicuously absent in Section 2 is the provision in the 1935 and 1973 Constitutions authorizing the State to grant licenses. Priority shall be given to such rules and regulations that will ensure the least disruption in the operations of the small-scale miners. Administrative Supervision over the People's Smallscale Mining Program. 60% of which is owned by Filipinos while 40% of which is owned by Indophil Resources. authorizes the DENR to accept. Director. 1987. Before the effectivity of RA 7942. Under the concession system. an area that is declared a small-mining. and the representative from a nongovernment organization who shall come from an environmental group. Cases La Bugal B’laan Tribal Association Inc. 1995. Whether or not the Philippine Mining Act is unconstitutional for allowing fully foreign-owned corporations to exploit Philippine mineral resources 2. 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. 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. forests or timber. fisheries.. exploitation. Ramos. South Cotabato. In January 2001. waters. its implementing rules.(a) Declare and segregate existing gold-rush areas for smallscale mining. petroleum. Provision must be construed strictly against their enjoyment by non-Filipinos. conflicts or litigations over conflicting claims within a people's small-scale mining area. or on March 30. and the FTAA between the government and WMCP be declared unconstitutional on ground that they allow fully foreign owned corporations like WMCP to exploit. — The Board shall be composed of the Department of Environment and Natural Resources representative as Chairman. 27. Sec. minerals. ISSUES: 1. 1995. petroleum. Sec. concession or lease is no longer allowed under the 1987 Constitution. The latter case is still pending before the Court of Appeals. 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. or leases for the exploration. Sec. all forces of potential energy. Victor O. 26. “exploration and development and utilization of natural resources shall be under the full control and supervision of the State. explore and develop Philippine mineral resources in contravention of Article XII Section 2 paragraphs 2 and 4 of the Charter. Y such omission. for it is . wildlife. RA 7942 (The Philippine Mining Act) took effect on April 9. 1995. a corporation organized under Philippine laws. On August 15. MMC – a publicly listed Australian mining and exploration company – sold its whole stake in WMCP to Sagittarius Mines. (d) Formulate and implement rules and regulations related to small-scale mining. coal. 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. Mines and Geosciences Bureau (MGB-DENR). issued by former President Aquino on July 25. EO 279. HELD: 1) RA 7942 or the Philippine Mining Act of 1995 is unconstitutional for permitting fully foreign owned corporations to exploit Philippine natural resources. — The Secretary through his representative shall exercise direct supervision and control over the program and activities of the small-scale miners within the people's small-scale mining area. the concessionaire makes a direct equity investment for the purpose of exploiting a particular natural resource within a given area. 25. one (1) small scale mining representative. (e) Settle disputes. tools and instruments. development and utilization of minerals which upon appropriate recommendation of the (DENR) Secretary. the utilization of inalienable lands of public domain through license. and (f) Perform such other functions as may be necessary to achieve the goals and objectives of this Act. the president may execute with foreign proponent. et al. (c) Award contracts to small-scale miners. Secretary Department of Environment and Natural Resources. covering close to 100.” The same section also states that. 1996. Sultan Kudarat. Penal Sanctions. 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 3. The Department shall provide the staff support to the Board. (b) Reserve future gold and other mining areas for small-scale mining. coal. which was later repealed by DENR Administrative Order 96-40. adopted on December 20. one (1) big-scale mining representative. 000 hectares of land in Article XII Section 2 of the 1987 Constitution retained the Regalian doctrine which states that “All lands of the public domain. Petitioners prayed that RA 7942. Composition of the Provincial/City Mining Regulatory Board. and other minerals. The representatives from the private sector shall be nominated by their respective organizations and appointed by the Department regional director. concessions. as the representative of the governor or city mayor. as members. flora and fauna. and other natural resources are owned by the State. DENR approved the transfer and registration of the FTAA in Sagittarius’ name but Lepanto Consolidated assailed the same. Horacio Ramos. an Australian company. Davao del Sur and North Cotabato. and other mineral oils. development or utilization of natural resources. and the representative of the governor or city mayor. The concession amounts to complete control by the concessionaire over the country’s natural resource. — 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. as the case may be.
However. 2) The FTAA between WMCP and the Philippine government is likewise unconstitutional since the agreement itself is a service contract. The same provisions. 3) The Chief Executive is the official constitutionally mandated to “enter into agreements with foreign owned corporations. “Just as the Supreme Court. 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. Under the doctrine of separation of powers and due respect for co-equal and coordinate branches of government. foreign owned corporations are limited only to merely technical or financial assistance to the State for large scale exploration. It should not be used to strangulate economic growth or to serve narrow.in a proper case -. has deleted the phrase “management or other forms of assistance” in the 1973 Charter. the judiciary should not inordinately interfere in the exercise of this presidential power of control over the EDU of our natural resources. By allowing foreign contractors to manage or operate all the aspects of the mining operation. and personnel necessary for the Mining Operations. life-giving strokes. The Constitution should be read in broad. utilize and dispose of all minerals and by-products that may be produced from the contract area. conditional or connected must fall with them. the primary feature of service contracts was precisely the evil the drafters of the 1987 Constitution sought to avoid. 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. On the basis of this control standard. all provisions that are thus dependent. The Court fully sympathize with the plight of La Bugal B’laan and other tribal groups. the FTAA would still be in the hands of a . in order to preserve and enhance our country’s competitiveness in world markets. “The judiciary is loath to interfere with the due exercise by coequal branches of government of their official functions. coupled with the State’s need to maintain flexibility in its dealings.as well as the subject Financial and Technical Assistance Agreement Section 1.insofar as they relate to financial and technical agreements -.” Let the development of the mining industry be the responsibility of the political branches of government. and the intricacies of international trade. parochial interests. exploit. the courts may -. RA 7942 has in effect conveyed beneficial ownership over the nation’s mineral resources to these contractors. inducements or compensations for each other as to warrant a belief that the legislature intended them as a whole. should the President and/or Congress gravely abuse their discretion in this regard. Therefore RA 7942 is invalid insofar as said act authorizes service contracts. Regardless of which side eventually prevails. grant WMCP beneficial ownership over natural resources that properly belong to the State and are intended for the benefit of its citizens. and commend their efforts to uplift their communities. Article XII of the Constitution is silent on the role of the judiciary. management. development and utilization of Philippine natural resources. The present Constitution now allows only “technical and financial assistance. the humongous amounts of capital and financing required for large-scale mining operations. These stipulations are abhorrent to the 1987 Constitution. Clearly then. or the nullification of an otherwise legal and binding FTAA contract. the complicated technology needed. a fully foreign owned corporation. Accordingly such provision must be construed strictly against their enjoyment by non-Filipinos. technology. as well as to secure for our people and our posterity the blessings of prosperity and peace. Rather. moreover.3 of the FTAA grants WMCP. Under Article XII Section 2 of the 1987 Charter. the evils that it aims to suppress. The Court believes that it is not unconstitutional to allow a wide degree of discretion to the Chief Executive. the “exclusive right to explore.2 of the same agreement provides that WMCP shall provide “all financing.given exclusive and plenary rights to exploit a particular resource at the point of extraction.” The management or operation of mining activities by foreign contractors. However. the Court cannot justify the invalidation of an otherwise constitutional statute along with its implementing rules. as the guardian of constitutional rights. petroleum and other mineral oils. 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. the contract from which they spring must be struck down. development and utilization of minerals. Separate Opinion of Justice Panganiban The FTAA is now to be implemented by a Filipino corporation.” On the other hand.” In contrast to this express mandate of the President and Congress in the exploration. therefore the Court can no longer declare it unconstitutional. then if some parts are unconstitutional. It is the repository of all the aspirations and hopes of all the people.” As aptly spelled out seven decades ago by Justice George Malcolm. the Court upholds the constitutionality of the Philippine Mining Law. permit a circumvention of the constitutionally ordained 6040% capitalization requirement for corporations or associations engaged in the exploitation. The CA case is a dispute between two Filipino corporations (Sagittarius and Lepanto) both claiming the right to purchase the foreign shares in WMCP. 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. They are precisely the vices that the fundamental law seeks to avoid. should not sanction usurpations by any other department of government. considerations.exercise their residual duty under Article VIII. leaving the State with nothing but bare title thereto. The 1987 Constitution. whether by design or inadvertence. Consequently.” These contractual stipulations and related provisions in the FTAA taken together. its pertinent provisions actually treat these agreements as service contracts that grant beneficial ownership to foreign contractors contrary to the fundamental law. The Constitution of the Philippines is the supreme law of the land. development and utilization (EDU) of natural resources. it should be construed to grant the President and Congress sufficient discretion and reasonable leeway to enable them to attract foreign investments and expertise. When parts of a statute are so mutually dependent and connected as conditions. 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 let not the Court interfere inordinately and unnecessarily. its Implementing Rules and Regulations -. Although the statute employs the phrase “financial and technical agreements” in accordance with the 1987 Constitution. given the nature and complexity of such agreements.” Section 1.
MMC alleged that the areas covered by its EP 133 and the mining claims of Apex were within an established and existing forest reservation. Compostela Valley. The permit embraced the areas claimed by Apex and the other individual mining claimants. Subsequently. 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. SP No. 297. Held Upon the effectivity of the 1987 Constitution. 66. These cases. 2002-18 can outweigh Apex and Balites claims over the Diwalwal Gold Rush Area. BMG accepted and registered SEMs MPSA application and the Deed of Assignment over EP 133 executed in its favor by MMC. does not limit foreign participation in the exploration. Undaunted by the PA ruling. DENR Administrative Order No. which declared 729 hectares within the Diwalwal area as non-forest lands open for small-scale mining.100 hectares located in Monkayo.and DAO No. Executive Order No. petroleum and mineral oils. was authorized to issue exploration permits and to renew the same without limit.Camilo Banad and his group. Hence. vs. 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. Supreme Court rendered a Decision against Apex holding that the disputed area is a forest reserve. aggrieved by the exclusion of 729 hectares from its MPSA application.development and utilization of the natural resources of the country. when they were crafting and polishing the provisions dealing with financial and/or technical assistance agreements.The PA rendered a resolution that EP 133 was valid and subsisting. likewise appealed. the State assumed a more dynamic role in the exploration. 66 declaring areas covered by the Agusan-Davao-Surigao Forest Reserve as nonforest lands and open to small-scale mining purposes. the Villaflor group and Balite appealed the decision to this Court. several mining entities filed applications for Mineral Production Sharing Agreement. 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. and utilization of minerals. During the pendency of these Petitions. 61216.128 are DISMISSED. President Gloria Macapagal-Arroyo issued Proclamation No. Dealing with the question on EP 133¶s validity. Thereafter.This proclamation excluded an area of 8. provided they bear some reasonable relationship to and compatibility with financial or technical assistance. development and utilization of minerals.. Dissatisfied. The Court of Appeals consolidated the remanded cases as CA-G. A portion of thecontested area open to small scale miners. moreover. 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. BFD issued a Prospecting Permit to MMC covering an area within theforest reserve under Proclamation No. It approved the MPSA application. 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). and proclaimed the same as mineral reservation and as environmentally critical area. The Concom discussions in their entirely had to do with service contracts that might be given to foreign-owned corporations as exceptions to the general principle of Filipino control of the economy APEX MINING CO. 61215 and No.The Court of Appeals affirmed in toto the decision of the PA and declared null and void the MAB decision. excluding the area segregated by DAO No. “Rather the phrase signifies the possibility of the inclusion of other activities. Excerpts from then deliberations of the Constitutional Commission likewise show that its members discussed “technical or financial assistance agreements” in the same breath as “service contracts” and used the terms interchangeably. 128 (MPSAA 128). filed aDeclaration of Location for six mining claims in the area.SEM¶s application was designated MPSA Application No. 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. 297. was no longer a claimant of the Agusan-DavaoSurigao Forest Reserve having relinquished its right to SEM. the adverse claimants appealed to the Mines Adjudication Board. the instant Petitions for Review on Certiorari under Rule 45 of the Rules of Court filed by Apex. who claimed to have first discovered traces of gold in Mount Diwata. under Section 99 of the Consolidated Mines Administrative Order implementing Presidential Decree No. Apex Mining Corporation entered intooperating agreements with Banad and his group. 369 was issued to establish the AgusanDavao-Surigao Forest Reserve. 463.qualified Filipino firm. However. The present Constitution. The validity of Ex loration Permit No. 217was issued by the President creating the National Task Force Diwalwal which is tasked to address the situation in the Diwalwal Gold Rush Area. 2002-18 was issued declaring an emergency situation in the Diwalwal gold rush area and ordering the stoppage of all mining operations therein. 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. hence. It also declared that the BMG Director. petroleum and mineral oils to financial or technical assistance.MMC assigned EP 133 to Southeast Mindanao Gold Mining Corporation.” If the drafters intended to strictly confine foreign corporations to financial or technical assistance only. Issue Whether the subsequent acts of the executive department such as the issuance of Proclamation No. 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. 133 was reiterated and all the adverse claims against MPSAA No. however. were remanded to the Court of Appeals for proper disposition pursuant to Rule 43 of the 1997 Rules of Civil Procedure. SEM. After it brushed aside the issue of the validity of EP133 for being irrelevant. MMC. Balite and MAB. 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. the MAB proceeded to treat SEM¶s MPSA application over the disputed area asan entirely new and distinct application. DENR issued Department Administrative Order No. In aDecision. 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. and as such. development. 369. INC.R. Apex filed a motion to dismiss MMC¶s petition alleging that its mining claims are not within any established or proclaimed forest reserve.Marcopper Mining Corporation filed mining claims for areas adjacent to the area covered by the DOL of Banad and his group. SOUTHEAST MINDANAO GOLD MINING CORP Proclamation No. With . they would have employed “restrictive” or “stringent” language. 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.
is consistent with settled doctrine. fall under the first sentence of Section 21. the Informations for violation of AntiPollution 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 SC quote with approval RTC’s comparative analysis of PD 1067. the additional element that must be established in Art. the National Pollution Control Decree. even if it did take the necessary precautions to prevent damage to property. In short. 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. Section 5 of Republic Act No. In P. as the Court of Appeals held. In the absence of any pollution.production. The gravamen of the offense here is the absence of the proper permit to dump said mine tailings. 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 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. negligence. One can be validly prosecuted for violating the Water Code even in the absence of actual pollution. negligence. but also for its security and national defense. It does not follow. 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.29 Consequently.D. In particular. Consequently. 984 (Anti-Pollution Law). On petitioners’ claim that the charge for violation of Article 365 of the RPC absorbs the charges for violation of PD 1067. [RA] 7942 (Philippine Mining Act) and Art. as the acts penalized by these laws are separate and distinct from each other. In August 1996. The options open to the State are through direct undertaking or by entering into co. This was affirmed by the CA. Taipan. 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. 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 . This element is not required under the previous laws. What makes the former a felony is criminal intent (dolo) or negligence (culpa).this policy. RA 7942. Thus. not only for national economic development. petitioners. recklessness and imprudence" is common among them. The RTC reversed the said decision and ruled that there can be no absorption by one offense of the three other offenses..A. the DOJ charged petitioners with violation of the Water Code of the Philippines. although based on the same incident. or by entering into agreement with foreign-owned corporations for large-scale exploration. 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. Unquestionably. 1067 (Philippines Water Code). recklessness and imprudence on the part of the accused to prevent damage to property. however. petitioners are being prosecuted for an act or incident punished by four national statutes and not by an ordinance and a national statute. PD 984. or even if it has complied with the terms of its Environmental Compliance Certificate. to establish mineral reservations where mining operations shall be undertaken directly by the State or through a contractor Loney vs. 7942 (Philippine Mining Act). they will not be liable. and RA 7942). or further. Philippine Mining Act and RPC for Reckless Imprudence Resulting in Damage to Property. engaged in mining in the province of Marinduque. when the national interest so requires. Anti-Pollution Law and the Revised Penal Code because violation of the Environmental Compliance Certificate is not an essential element of these laws. and Article 365 of the RPC showing that in each of these laws on which petitioners were charged. However. 365 of the Revised Penal Code. 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. or production-sharing agreements. the filing of the multiple charges against petitioners. only the Information for violation of Philippine Mining Act should be maintained. Marcopper had discharged millions of tons of tailings into the rivers. Relova. it is different from dumping of mine tailings without permit. thus: In P. The gravamen is the pollution itself . Moreover. If there was no violation or neglect. PD 984. 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. that they cannot be prosecuted under the Water Code. Recognizing the importance of the country’s natural resources. what makes the latter crimes are the special laws enacting them. the additional fact that must be proved is the existence of actual pollution. 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. Petitioners reiterate their contention in the Court of Appeals that their prosecution contravenes this Court’s ruling in People v. 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. Article III which prohibits . 7942 empowers the President. On the other hand. or causing pollution to the Boac river system. for the limited purpose of controverting petitioners’ claim that they should be charged with one offense only. joint venture. the State may pursuefull control and supervision of the exploration. and RA 7942. there is one essential element not required of the others . In R. and that the accused satisfactorily proved [sic] that Marcopper had done everything to ensure containment of the run-off and silt materials.D. 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. development and utilization of the country¶s naturalmineral resources. if ever. at the base of which ran a drainage leading to Boac and Makalupnit rivers. The MTC ruled that as far as the 3 laws are concerned. People of the Philippines Petitioners are officers of Marcopper Mining Corp. PD 984. This element is not indispensable in the prosecution for violation of PD 984 (Anti-Pollution Law). Marcopper had been storing tailings from its operation in a pit in Mt. much more from violation or neglect to abide by the terms of the Environmental Compliance Certificate." This contention is also without merit. but also because. development and utilization. 365 of the Revised Penal Code is the lack of necessary or adequate precaution. particularly that the Marcopper should ensure the containment of run-off and silt materials from reaching the Mogpog and Boac Rivers.
Definitions. proper classification. (o) Mangrove is a term applied to the type of forest occurring on tidal flat along the sea coast. Section 2. and forest reservations. (b) Land classification and survey shall be systematized and hastened. WHEREAS. sports fishing. 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. Policies. 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 the country. extending along streams where the water is brackish. (n) Critical watershed is a drainage area of a river system supporting existing and proposed hydro-electric power and irrigation works needing immediate rehabilitation as it is being subjected to a fast denudation causing accelerated erosion and destructive floods. WHEREAS. (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. PD No. (g) Forest reservations refer to forest lands which have been reserved by the President of the Philippines for any specific purpose or purposes. (c) The establishment of wood-processing plants shall be encouraged and rationalized.multiple prosecution for the same offense. guidelines and procedure. to achieve the above purpose. water skiing and related healthful activities. in order to ensure the continuity of their productive condition. (i) Game refuge or bird sanctuary refers to a forest land designated for the protection of game animals. (d) Forest lands include the public forest. (e) Grazing land refers to that portion of the public domain which has been set aside. and development of forest lands. (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. (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. (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. It is closed from logging until it is fully rehabilitated. for the raising of livestock. and the management. the advancement of science and technology. (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. (j) Marine parks refers to any off-shore area inhabited by rare and unique species of marine flora and fauna. utilization. birds and fish and closed to hunting and fishing in order that the excess population may flow and restock surrounding areas. 705 : Revised Forestry Code of the Philippines WHEREAS. the natural and historic objects and the wild animals or plants therein. development and rehabilitation of forest lands shall be emphasized so as to ensure their continuity in productive condition. for offenses arising from the same incident. protection. 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. WHEREAS. and to provide enjoyment of these features in such a manner as will leave them unimpaired for future generations. rehabilitation. projects and efforts on the proper classification and delimitation of the lands of the public domain. it is also imperative to place emphasis not only on the utilization thereof but more so on the protection. the present laws and regulations governing forest lands are not responsive enough to support re-oriented government programs. . and not. Section 3. the permanent forest or forest reserves. and the public welfare. (k) Seashore park refers to any public shore area delimited for outdoor recreation. (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. (l) Watershed reservation is a forest land reservation established to protect or improve the conditions of the water yield thereof or reduce sedimentation. and (d) The protection. in view of the suitability of its topography and vegetation. as in Relova.
(s) Pine forest is a forest composed of the Benguet Pine in the Mountain Provinces or the Mindoro pine in Mindoro and Zambales provinces. . 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. shrub. that is authorized to be cut regularly from the forest. gum. barks. This is generally applied to the commercial timber resources and is also applicable to the water. in consideration of a specified rental. (v) Multiple-use is the harmonized utilization of the numerous beneficial uses of the land. (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. (u) Tree farm refers to any tract of forest land purposely and extensively planted to trees of economic value for their fruits. or establish and operate a wood-processing plant. beeswax. but with the corresponding obligation to develop. property and such personnel as may be necessary. rattan. machine or combination of machine used for the processing of logs and other forest raw materials into lumber. (hh) Ecosystem means the ecological community considered together with non-living factors and its environment as a unit. and the Parks and Wildlife Office. or other forest growth such as grass. implement or enforce the provisions of this Code. (aa) Processing plant is any mechanical set-up. other related laws. wildlife. firewood. resin. (r) Dipterocarp forest is a forest dominated by trees of the dipterocarp species. to rights of possession existing at the time a license is granted under this Code. veneer. leaves.(p) Kaingin is a portion of the forest land. and in the case of primitive tribes. (mm) Private right means or refers to titled rights of ownership under existing laws. (kk) Forest officer means any official or employee of the Bureau who. tree top. almon. bark. or extractives. Creation of. pulp. (cc) License is a privilege granted by the State to a person to utilize forest resources as in any forest land. plywood. development (jj) Rationalization is the organization of a business or industry using scientific business management principles and simplified procedures to obtain greater efficiency of operation. grass and timber of forest lands. or conduct any activity involving the utilization of any forest resources. (bb) Lease is a privilege granted by the State to a person to occupy and possess. paper or other finished wood products. flowers. by the nature of his appointment or the function of the position to which he is appointed. (ll) Primitive tribe is a group of endemic tribe living primitively as a distinct portion of a people from a common ancestor. and forest cover for the protection and conservation of soil and water. water. which is subjected to shifting and/or permanent slashand-burn cultivation having little or no provision to prevent soil erosion. pulpwood. scenic. except the government. (w) Selective logging means the systematic removal of the mature. and old clearings. protect and rehabilitate the same in accordance with the terms and conditions set forth in said agreement. tengile. the Southern Cebu Reforestation Development Project. white lauan. (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. as well as their implementing regulations. burial grounds. tiaong. which possession may include places of abode and worship. paper board. any forest land of the public domain in order to undertake any authorized activity therein. without any right of occupation and possession over the same. (ff) Annual allowable cut is the volume of materials. wildlife. fish. commercial forests and established plantations of forest trees and trees of economic value. is delegated by law or by competent authority to execute. hereinafter referred to as the Bureau. recreational and geologic resources in forest lands. block-board. such as red lauan. CHAPTER ORGANIZATION AND JURISDICTION OF THE BUREAU I Section 4. and other renewable resources of the forest. nipa. are hereby merged into a single agency to be known as the Bureau of Forest Development. the Bureau of Forestry. records. (nn) Person includes natural as well as juridical person. (q) Forest product means timber. soil. game. but excludes production forest inclusive of logged-over areas. whether of wood or other forest products. (y) Healthy residual is a sound or slightly injured tree of the commercial species left after logging. (ii) Silviculture is the establishment. honey. whether occupied or not. For the purpose of implementing the provisions of this Code. bagtikan and mayapis of the Philippine mahogany group. (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. recreation value. apitong and the yakals. the Reforestation Administration. (x) Seed tree system is partial clearcutting with seed trees left to regenerate the area. wallboard. within a rotation. historical. the Bureau of Forest Development. the associated water. (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. and flowering plant. equipment. wood. to the exclusion of others. reproduction and care of forest trees. including applicable appropriations. grass. and merger of all forestry agencies into. but not for the wood thereof. oil. (gg) Cutting cycle is the number of years between major harvests in the same working unit and/or region.
All actions and decisions of the Director are subject to review. there shall be as many forest districts as may be necessary. System of Land Classification. to wit: The Department Head may. reforestation. and reforestation of forest lands. management. and into such other classes as now or may hereafter be provided by law. upon recommendation of the Director. programs. the implementation of multiple use and sustained yield management in forest lands. policies. The Bureau shall be directly under the control and supervision of the Secretary of the Department of Natural Resources. 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. lessees and permittees for the taking or use of forest products therefrom or the occupancy or use thereof. and the enforcement of forestry. the following divisions and sections are hereby created. The Director and Assistant Directors shall be appointed by the President. the protection. game and wildlife laws. and be placed under the . guidelines and methods for the proper and accurate classification and survey of all lands of the public domain into agricultural. and all forest reservations including watershed reservations presently administered by other government agencies or instrumentalities. residential. series of 1966. Section 8. regulations. Section 12. the effective. The Bureau shall be headed by a Director. shall receive. the implementation of measures and programs to prevent kaingin and managed occupancy of forest and grazing lands. marine parks. Review. Section 10. rules and regulations. No person shall be appointed Director or Assistant Director of the Bureau unless he is a natural born citizen of the Philippines. development and preservation of national parks. Section 6. That an employee appointed or designated as officer-in-charge of a newly created division. hereinafter referred to as the Department Head. game refuges and wildlife. Creation of Functional Divisions. the administrative jurisdiction and management of which shall be transferred to the Bureau of Lands: Provided. fire prevention and other factors. timber or forest. It shall be responsible for the protection. and grazing lands. 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 a registered forester. Section 9. efficient and economic classification of lands of the public domain. the salary corresponding to the position temporarily held by him. He shall decree those classified and determined not to be needed for forest purposes as alienable and disposable lands. There shall be created at least eleven regional offices. 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. upon the recommendation of the Director of Forest Development. section or unit. Section 7. Rules and Regulations. resettlement. veneer and plywood mills and other wood processing plants and conduct studies of domestic and world markets of forest products. Jurisdiction of Bureau. CHAPTER CLASSIFICATION AND SURVEY II Section 13. at least 30 years of age. Manpower Development. 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. Director and Assistant Director and their qualifications. to be approved by the Department Head. or to an existing vacant position with a higher salary. shall promulgate the rules and regulations necessary to implement effectively the provisions of this Code. Performance Evaluation. 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. and practices relevant to such unit.Section 5. who shall be assisted by one or more Assistant Directors. devise. The Bureau shall devise a system. In the meantime. sections of units as may be deemed necessary and to appoint the personnel there: Provided. and regulations. reorganize or create such other divisions. The Department Head. 19. industrial or commercial. The Bureau shall regulate the establishment and operation of sawmills. natural boundaries of watersheds under the river-basin concept of management. In each region. development. whenever possible. For the efficient and effective implementation of the program of the Bureau. to evaluate the performance of its employees. rules. That the boundaries of such districts shall follow. mineral. need for forest protection. The system shall measure accomplishment in quantity and quality of performance as related to the funded program of work assigned to each organizational unit. in which case the position may be filed by any other qualified applicant. and Regional and District Offices. 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. The Decision of the Department Head may not be reviewed by the courts except through a special civil action for certiorari or prohibition. in collaboration with other bureaus. the regulation and supervision of the operation of licensees. unless appealed to the President in accordance with the Executive Order No. in accordance with the extent of forest area. from the date of such appointment or designation until he is replaced or reverted to his original position. The Bureau shall establish and operate an in-service training center for the purpose of upgrading and training its personnel and new employees. regeneration. motu propio or upon appeal of any person aggrieved thereby. Section 11. That mangrove and other swamps not needed for shore protection and suitable for fishpond purposes shall be released to. the provisions of any law to the contrary notwithstanding: Provided. The Department Head shall study. Supervision and Control. determine and prescribe the criteria. grazing lands. established work loads. parks. The Bureau shall have jurisdiction and authority over all forest land. All positions in the merged agencies are considered vacant. 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. a holder of at least a Bachelor's Degree in Forestry or its equivalent.
Topography. 5. historical. Strips of mangrove or swamplands at least twenty (20) meters wide. Section 20. The numerous beneficial uses of the timber. . 4. exploitation. Only the utilization. Areas less than 250 hectares which are far from. That the administration. adversely and publicly for a period of not less than thirty (30) years as of the effectivity of this Code. scientific. Existing Pasture Leases and Permits in Forest Lands.administrative jurisdiction and management of. All boundaries between permanent forests and alienable and disposable lands shall be clearly marked and maintained on the ground. national historic sites: Provided. with infrastructure or roads. continuously. to have said title cancelled or amended. Section 16. if public interest so requires. Isolated patches of forest of at least five (5) hectares with rocky terrain. further. cancel defective titles. Those still to be classified under the Present system shall continue to remain as part of the public forest. All measures shall be taken to achieve an approximate balance between growth and harvest or use of forest products in forest lands. management and disposition of grazing lands shall remain under the Bureau. That said lands. possess or conduct any activity within any forest land. 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. Ridge tops and plateaus regardless of size found within. involving one or more or its resources. land. license. Sustained yield. or actually occupied openly. to form part of the forest reserves. 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. therefore. Establishment of boundaries of forest lands. Areas needed for other purposes. and strips of land at least twenty (20) meters wide facing lakes. Reservations in forest lands and off-shore areas. or for any other purpose. steps shall be taken to expropriate. or approved to be established. or establish and operate any wood-processing plant. or any other visible and practicable signs to insure protection of the forest. for preservation as critical watersheds. Section 15. All forest reservations may be open to uses not inconsistent with the principal objectives of the reservation: Provided. That in case an area falling under any of the foregoing categories shall have been titled in favor of any person. shall be established as marine parks. to wit: 1. 8. 7. steps shall be taken. and 10. guidelines and methods of classification to be prescribed by the Department Head: Provided. occupation or possession thereof. lease. Section 14. without impairment or with the least injury to its other resources. the Bureau of Fisheries and Aquatic Resources. as grazing land. license. CHAPTER UTILIZATION AND MANAGEMENT III Section 19. and modify boundaries of existing ones. unless he has been authorized to do so under a license agreement. 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. national historical sites. bird sanctuaries. even if they are below eighteen per cent (18%) in slope. are needed for forest purposes. unless they are already covered by existing titles or approved public land application. 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. 6. Areas which have already been reforested. lakes. such as national parks. game refuges and wildlife sanctuaries. Section 21. along shorelines facing oceans. Multiple use. Section 18. soil. or eject occupants thereof. forest lands where headwaters emanate. 2. recreation value and grass of forest lands shall be evaluated and weighted before allowing the utilization. Section 17. game refuge. or any activity therein. shall be kept in a vegetative condition sufficient to prevent erosion and adverse effects on the lowlands and streams: Provided. and other bodies of water. water. occupation or possession of any forest land. The President of the Philippines may establish within any lands of the public domain. No person may utilize. or surrounded wholly or partly by. reject public land application. 9. The following lands. wildlife. That critical watersheds and national parks shall not be subject to logging operations. 3. or which protect a spring for communal use. occupy. Areas needed for forest purposes. Appropriately located road-rights-or-way. exploit. License agreement. and others of public interest. and may not. exploitation. any off-shore area needed for the preservation and protection of its educational. or the conduct of any activity therein. or are not contiguous with. That when public interest so requires. When public interest so requires. or permit. ecological and recreational values including the marine life found therein. or the titled area expropriated. forest station sites. which will produce the optimum benefits to the development and progress of the country and the public welfare. national parks. shall be allowed. nor any forest land fifty per cent (50%) in slope or over. wood processing plant. lease or permit. any certified alienable and disposable land. where the occupant is qualified for a free patent under the Public Land Act: Provided. be classified as alienable and disposable land. forest reserve and forest reservation for the national park system. Areas within forest concessions which are timbered or have good residual stocking to support an existing. Areas previously proclaimed by the President as forest reserves. national shrines. or concrete monuments at intervals of not more than five hundred (500) meters in accordance with established procedures and standards. which are not yet part of a well-established communities. No land of the public domain eighteen per cent (18%) in slope or over shall be classified as alienable and disposable.
Required inventory prior to timber utilization in forest lands. Forest lands shall not be held in perpetuity. the silvicultural and harvesting system that will be found suitable by research shall be applied. and for the processing locally of the timber resources therefrom.A. Unless otherwise decreed by the President. 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. Section 24. the established cutting cycle thereof. the proper silvicultural and harvesting systems that will promote optimum sustained yield shall be practised. beginning January 1. Size of forest concessions. or any statistically sound timber estimate. giving particular consideration to the age. Meanwhile. The Bureau shall conduct a program of progressive inventories of the harvestable timber and young trees in all forest lands. more importantly. Duration of license agreement or license to harvest timber in forest lands. volume and kind of healthy residual trees which may be left undisturbed and undamaged for future harvest and forest cover indipterocarp area. Annual allowable cut. TIMBER Section 22. 1976. seed trees and reproduction found therein. license. WOOD-PROCESSING Section 29. the yield capacity of harvestable timber. 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. (c) For other types of forest. and the volume and kind of harvestable timber and healthy residuals. upon recommendation of the National Economic Development Authority. for utilization and conversion into wood by-products and derivatives. Section 23. the seed tree system with planting when necessary shall be practised. to protect and manage the whole area. Log production and processing. The Department Head. The annual allowable cut of any particular forest land shall be determined on the basis of the established rotation and cutting cycle thereof. The President of the Philippines. Wood wastes. (a) For dipterocarp forest. not exceeding twenty-five (25) years. and the requirements of processing plants existing or to be installed in the region. and those with processing plants. and seed trees and reproduction in pine area. necessary to utilize all the remaining commercial quantity or harvestable timber either from the unlogged or logged-over area. Rationalization of the wood industry. In any logging operations in production forests within forest lands. The Bureau shall apply scientific cutting cycle and rotation in all forest lands. whether covered by any license agreement. Cutting cycle. in collaboration with proper government agencies. A licensee who has no processing plant may. Timber licensees shall be encouraged and assisted to gather and save the wood wastes and weed trees in their concessions. until a one hundred per cent (100%) timber inventory thereon has been achieved. or not. Section 32. renewable for a period. considering the cutting cycle. the moment the harvestable timber have been utilized without leaving any logged-over area capable of commercial utilization. Section 30. Incentives to the wood industry. The privilege shall automatically terminate. lease or permit. suspend. enter into a contract with a wood processor for the processing of his logs. Section 25. subject to the approval of the Director. Section 26. Forest concessions which had been the subject of consolidations shall be reviewed and re-evaluated for the effective implementation of protection. the wood residues thereof. (b) For pine forest. reforestation and management thereof under the multiple use and sustained yield concepts. a system based on observation and practices abroad may be adopted initially. Timber inventory. and the capacity of healthy residuals for a second growth. their locations and operations shall be regulated in order to rationalize the industry. weed trees and residues. 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. to prevent the introduction of pests. made not earlier than five (5) years prior to the issuance of a license agreement or license allowing such utilization. Section 31. the entire production of logs by all licensees shall. be processed locally. the past performance of the applicant and his capacity not only to utilize but. in collaboration with other government agencies and the wood industry associations and other private entities in the country. Silvicultural and harvesting systems. even before the expiration of the license agreement of license. While establishment of wood-processing plants shall be encouraged. 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. selective logging shall be practised. or phase-out all uneconomical wood-processing plants which are not responsive to the rationalization program of the government. The maximum period of any privilege to harvest timber is twenty-five (25) years. 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. upon the recommendations of the National Economic Development Authority and the Department Head. The Department Head may cancel. insects and/or diseases detrimental to the forests. Any practised system are subject to modification or changes based on research findings. or purchased . Wood processors shall accept for processing only logs cut by. Section 28. Section 27. That logs imported for such centers shall be subject to such precaution as may be imposed by the Bureau. B. shall evolve incentives for the establishment of an integrated wood industry in designated wood industry centers and/or economic area. may establish wood industry import-export centers in selected locations: Provided.
Provided. be availed of within a reasonable period to be determined by the Department Head. over timber or forest lands of the public domain categorized in Section 33 hereof. 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. (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.00) per hectare. to be governed by the rules and regulations of said Board. Section 36. That lessees of areas long denuded as certified by the Director and approved by the Department Head.50) per hectare. are found to be more suitable for. which need to be developed to increase their productivity. industrial tree plantations or tree farms in terms of benefits to the Government and the general surrounding area. Section 34. Industrial Tree Plantations and Tree Farms. That no lease shall be granted within critical watersheds. game refuge. further. road rights-of-ways. upon field evaluation. licensees of good standing at the time of the cutting of logs. and thereafter. 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. . interspersed with patches of forest each of which is less than two hundred fifty (250) hectares in area. the following incentives are granted: (a) Payment of a nominal filing fee of fifty centavos (P0. easements. Deduction from an investor's taxable income for the year. (d) Open tracts of forest lands with slopes or gradients generally exceeding fifty per cent (50%). to wit: (a) Bare or grass-covered tracts of forest lands with at least fifty per cent (50%) slope. 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 area shall be declared open to any qualified person and consequently segregated from the holder's area. or a pasture lease agreement or permit. national shrines. or avail of the following benefits: 1. (f) Inadequately-stocked concessions. may be the subject of the lease under this section. the annual rental shall be one peso (P1. at the option of said lessee. taking into account. The following shall be reforested and covered with suitable and sufficient trees. and thereafter. deltas. national historic sites. former river beds. but with soil so highly erodible as to make grass cover inadequate for soil erosion control. C. the annual rental shall be fifty centavos (P0. 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. the priority to establish industrial forest plantation or tree farm shall be given to the holder thereof. with a minimum area of One Thousand (1. swamps. renewable for another period not exceeding twenty-five (25) years. The lease may be granted under such terms and conditions as the Department Head may prescribe. classify industrial tree plantations and tree farms as pioneer areas of investment under its annual priority plan. (c) Brushlands or tracts of forest lands generally covered with brush.50) per hectare. the raw material needs of forest-based industries and the maintenance of a wholesome ecological balance. (e) Denuded or inadequately-timbered areas proclaimed by the President as forest reserves and reservations as critical watersheds. REFORESTATION Section 33. (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. otherwise.from. 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. That it shall be a condition of the lease that such persons organize themselves into a cooperative to ensure the orderly management thereof. or portions thereof which. notwithstanding its nationality requirement on projects involving natural resources. To encourage qualified persons to engage in industrial tree plantation and/or tree farming. (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. Provided. and (h) River banks. may. (f) The Board of Investments shall. forest lands within forest Reforestation projects of the Government. national parks. (b) Bare or grass-covered tracts of forest lands with less than fifty per cent (50%) slope. from the sixth year to the tenth year. Priority. of an annual investment allowance equivalent to thirty-three and one-third per cent (33-1/3%) of his actual investment during the year in an enterprise engaged in industrial tree (g) Portions of areas covered by pasture leases or permits having a slope of at least fifty per cent (50%). Section 35. and beaches. the annual rental shall be one peso (P1. and 2.000) hectares for industrial tree plantation and One Hundred (100) hectares for tree farm. however. shall be exempted from the payment of rental for the full term of the lease which shall not exceed twenty-five (25) years. be regarded as ordinary and necessary business expenses or as capital expenditures.50) per hectare. A lease for a period of twenty-five (25) years. The priority herein granted must. bird sanctuaries. Over any suitable area covered by a timber license agreement. bartered or exchanged by the lessee whether in their original state or not. for the first five (5) years following the renewal of the lease. Incentives. the annual rental shall be fifty centavos (P0. among others.00) per hectare: Provided. Forest lands to be reforested.
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. further. 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. inspect and examine records. once established on the ground. license. When in the performance of their official duties. Section 42. and shall not therefore be allowed except through a license agreement. lease. conformably with multiple use and sustained yield management. but not limited to. No harvest of standing or felled timber in alienable and disposable lands. private lands. Authority of forest officers. Visitorial power. but with the corresponding obligation to adopt all the protection and conservation measures to ensure the continuity of the productive condition of said areas. and other forms of forest destruction. 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. fire. If the holder of a license agreement over a forest area expressly or impliedly waives the privilege to utilize any softwood. Regulation of timber utilization in all other classes of lands and of wood-processing plants. 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. or arising out of. The Department Head may. In order to achieve the effective protection of the forest lands and the resources thereof from illegal entry. and its subsidiary or affiliated companies. kaingin. impairment and depletion. hardwood or mangrove species therein. Section 44. to the exclusive of all others. and to take testimony in official . unlawful occupation. lease or permit. including those under the jurisdiction of other government agencies. those where there are no roads or where roads are inadequate. and all lands containing standing or felled timber must be subscribed and sworn to by all the forest officers who conducted the same. Sworn timber inventory reports. to determine compliance with the terms and conditions thereof. Protection of all resources. Section 38. the shoreline roads. likewise. alienable and disposable lands. license. That such investment shall not be withdrawn for a period of at least ten (10) years from the date of investment: Provided. shall be allowed unless a one hundred per cent (100%) timber inventory has been conducted thereon. forest officers. but he shall. Forest officers are authorized to administer oath and take acknowledgment in official matters connected with the functions of their office. and the additional right of occupation. private lands. civil reservations. civil reservation. (g) Except when public interest demands the alteration or modification. lease or permit. 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. and (h) A lessee shall not be subject to any obligation prescribed in. Timber inventory in other lands containing standing or felled timber. or other government officials or employees duly authorized by the Department Head or Director. Section 45. shall be maintained and shall not be alienated. The extent of participation shall be based on the amount of timber which may be harvested therefrom. Participation in the development of alienable and disposable lands and civil reservations. rules and regulations. and all other lands. 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. over and above the general appropriation of the said Bureau. D. and even coastal communities from the destructive force of the sea during high winds and typhoons. by himself or thru the Director or any qualified person duly designated by the Department Head. Section 41. That should the investment be withdrawn within such period. license. shall be regulated in order to prevent them from being used as shelters for excessive and unauthorized harvests in forest lands. and control over the same. Mangrove and other swamps released to the Bureau of Fisheries and Aquatic Resources for fishpond purposes which are not utilized. or areas with rough topography and remote areas far from processing plants. except the government. Section 40. Control of concession area. insect infestation. FOREST PROTECTION Section 37. possession.plantation or tree farm: Provided. All measures shall be taken to protect the forest resources from destruction. civil reservations. and all lands containing standing or felled timber. The utilization of timber in alienable and disposable lands. investigate. 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. including those under the jurisdiction of other government agencies. All reports on timber inventories of forest lands. Section 43. or permit. and the establishment and operation of saw-mills and other wood-processing plants. the boundaries of an area covered by an industrial tree plantation or tree farm lease. Strips of mangrove forest bordering numerous islands which protect the shoreline. Section 39. private lands. adopt protection and conservation measures consistent with those adopted by the license agreement holder in the said areas. policies. All mangrove swamps set aside for coast-protection purposes shall not be subject to clear-cutting operation. or which have been abandoned for five (5) years from the date of such release shall revert to the category of forest land. this Code and pertinent laws. books and other documents relating to the operation of any holder of a license agreement. Swamplands and mangrove forests. theft. 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. 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. shall not be altered or modified. shall have free entry into areas covered by a license agreement.
A complete census of kaingineros. 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. 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. bridges. cultural minorities and other occupants and residents in forest lands with or without authority or permits from the government. Scaling stations. in order to adopt measures to avoid or reduce damage or injury to the forest resource values. exploration. prospecting. The Bureau may call upon other agencies of the government and holders of license agreement. cultural minorities and other occupants and residents in forest lands. if it will not be detrimental to forest conservation measures. animal life and other surface resources. vegetation. Roads and other infrastructure in forest lands shall be constructed with the least impairment to the resource values thereof. without permits or authority. unless otherwise reserved for other purposes. No location. secured. and of the use of these roads by other parties and the collection of such fees as may be deemed necessary. shall coordinate with the Bureau. Section 47. Section 52. erosion. Forest occupancy shall henceforth be managed. civil reservations and other government lands. Mineral Reservations. without the approval of the government agencies having administrative jurisdiction over the same.investigations conducted under the authority of this Code and the implementing rules and regulations. Government agencies undertaking the construction of roads. Section 53. piers. In collaboration with appropriate government agencies. Section 46. Such roads shall be strategically located and their widths regulated so as to minimize clear-cutting. utilization. In areas above 50% in slope. Mineral reservations where mining operations have been terminated due to the exhaustion of its minerals shall revert to the category of forest land. and other infrastructure in locations designated as woodprocessing centers or for the convenience of wood-based industries. or watershed disturbance therein. Criminal Prosecution. Mine tailings and other pollutants affecting the health and safety of the people. the Bureau shall prescribe the terms and conditions of joint use including the equitable sharing of construction and/or maintenance costs. Location. or impairment of forest resources. and erosion. most importantly. squatters. Section 51. They shall likewise extend assistance in the planning and establishment of roads. lease and permits over forest lands to participate in the census. 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. The Bureau shall study. E. reduction in water yield and impairment of other resources to the detriment of community and public interest shall not be allowed. the activities which will be imposed upon them by the Bureau in accordance with a management plan calculated to conserve and protect forest resources. In order to coincide and conform to government plans. or in alienable and disposable lands. Census of kaingineros. holders of license agreements. and specifications. Henceforth. That they undertake. Logging roads. squatters. Mining operations. occupation shall be conditioned upon the planting of desirable trees thereon and/or adoption of other conservation measures. All roads and infrastructure constructed by holders of license agreements. Kaingineros. Roads and other infrastructure. leases and permits shall not undertake road or infrastructure construction or installation in forest lands without the prior approval of the Director. Section 48. shall be conducted. 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. and other infrastructure and installations inside forest lands. Prior thereto the Bureau may authorize the public use thereof. fish. cultural minorities and other occupants who entered into forest lands before the effectivity of this Code. 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. determine and define which lands may be the subject of occupancy and prescribed therein. programs. Their construction must not only serve the transportation need of the logger but. Occupants shall undertake measures to prevent and protect forest resources. Section 50. shall not be prosecuted: Provided. licenses. showing the extent of their respective occupation and resulting damage. utilization or exploitation of mineral resources in forest reservations shall be governed by Mining laws. an agro-forestry development program. within two (2) months from the notice thereof. Section 49. the requirement to save as many healthy residuals as possible during cutting and hauling operations. Mining operations in forest lands shall be regulated and conducted with due regard to protection. unnecessary damage or injury to healthy residuals. no person shall enter into forest lands and cultivate the same without lease or permit. licenses. exploration. communications. That they do not increase their clearings: Provided. wharves. SPECIAL USES . shall be filtered in silt traps or other filtration devices and only clean exhausts and liquids shall be released therefrom. Where roads are utilized by more than one commercial forest user. license. Management of occupancy in forest lands. Any occupancy in forest land which will result in sedimentation. prospecting. water. development and utilization of other surface resources. standards. rules and regulations. There shall be indiscriminate construction of logging roads. squatters. further. port facilities.
or permittee shall be allowed to transfer or convey his license agreement. or conduct any activity therein. with any foreign person or entity for the exploration. or any of his assets used in connection therewith. Recreation. in addition to whatever funds may be appropriated for such purposes. no licensee. bonds and fees for the different kinds of utilization. Citizenship. or permittees to enter into service contracts for financial. covered by their license agreements. The industries concerned shall extend all assistance in the promulgation of policies on the matter. increased Filipino equity and participation beyond the 60% constitutional limitation shall be encouraged. rental. exploit. and for other services. and the convenience of the people. sell or convey his license agreement. lease or permit. safety and property. lease or permit. license. Section 60. No corporation shall be issued any license agreement. or establish and operate a wood-processing plant. or to establish and operate wood-processing plants. exploit. the issuance and renewal of license agreements. Equity sharing. the transferee has all the qualifications and none of the disqualifications to hold a license agreement. and the capability of the deserving employees and laborers. Financial and technical capability. the Director may regulate the killing and destruction of wildlife in forest lands in order to maintain an ecological balance of flora and fauna. license.Section 54. bathing establishments. for the protection of life. The size of forest lands that may be allowed for pasture and other special uses shall be determined by rules and regulations. 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. water and other forest resources. management. . Section 59. No license agreement. exchange. but also to practice forest protection. license. Service contracts. upon recommendation of the Director. All other factors being equal. Forest lands which are being utilized for pasture shall be maintained with sufficient grass cover to protect soil. license. identify and provide for the protection of scenic areas in all forest lands which are potentially valuable for recreation and tourism. the same shall be supplemented with trees or such vegetative cover as may be deemed necessary. Section 62. without the necessity of permit. 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. lessee. leases or permits. technical. lease or permit only if he has not violated any forestry law. QUALIFICATIONS Section 58. The Department Head. If grass cover is insufficient. or any of his rights or interests therein. rightsof-way. Section 61. or held under permit. or the first year of the effectivity of this Code. occupy. occupy or possess any forest land. Section 55. or activity inside forest lands. license. the applicant with more Filipino equity and participation shall be preferred. REGULATORY FEES Section 64. shall fix the amount of charges. renewable upon the expiration thereof for a similar period. However. if the corporation has been in operation for more than 5 years prior to such effectivity. killed. or other beneficial purposes which do not in any way impair the forest resources therein. salt works. allow forest products licensees. Forest lands may be leased for a period not exceeding twenty-five (25) years. eaten or otherwise disposed of. licenses. particularly on the determination of the manner of payment. establishment of priorities in the purchase of the shares of stock. Other special uses of forest lands. Unless authorized by the Department Head. logging camps. or other forms of assistance. Section 57. lessees. occupation. or to conduct any activity therein. the filing and processing of applications therefor. license. shall within one (1) year after the effectivity of this Code. exploitation. Wildlife. and plan for the development and protection of such areas to attract visitors thereto and meet increasing demands therefor. lease or permit after the effectivity of this Code. license. and the transferee shall assume all the obligations of the transferor. lease or permit. has been faithfully complying with the terms and conditions of the license agreement. development. Pasture in forest lands. health. F. may in the national interest. 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. personnel management. G. consumed. lease or permit to utilize. The transferor shall forever be barred from acquiring another license agreement. shall be diffused to as many qualified and deserving applicants as possible. management or other forms of assistance are hereby recognized as such. possession. fees and bonds. technical. licenses. for the establishment of sawmills. The privilege to utilize. lease or permit. timber depots. license. The Department Head shall promulgate the necessary rules and regulations to carry out the provisions of this section. The licensee. any provision of law to the contrary notwithstanding. The Bureau shall. in consideration of a fee. in the preparation of multiple-use management plans. leases and permits. lessee. or permittee may transfer. No forest land 50% in slope or over may be utilized for pasture purposes. The Department Head. lumber yards. Every corporation holding a license agreement. exploitation or utilization of the forest resources. Section 56. or possess forest lands. camps. unless it submits such a plan and the same is approved for implementation within the sixth year of its operation. Provided. Diffusion of benefits. Charges. 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. Transfers. Section 63. factors affecting the selling price. conservation and development measures to insure the perpetuation of said forest in productive condition. rule or regulation. there is no evidence that such transfer or conveyance is being made for purposes of speculation. such as the submission of all data and information relative to their operation. Wildlife may be destroyed. or for the construction of sanatoria. and asset evaluation. In the evaluation of applications of corporations. Existing valid and binding service contracts for financial.
lease. In addition to the fees and charges imposed under existing laws. destroy. license or permit. cut. or permittee who cuts timber from the licensed or leased area of another. In the case of the special deposit revolving fund. deface or destroy objects of natural beauty or of scenic value within areas in the national parks system. 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. Pasturing Livestock. or causes any damage to the timber stand and other products and forest growths found therein. 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. or timber from alienable and disposable public lands. aids or abets any other person to do so. That in the case of partnership. CHAPTER CRIMINAL OFFENSES AND PENALTIES IV The Court shall further order the confiscation in favor of the government of the timber or forest products to cut. lease. further. alienable or disposable lands. grazing lands and alienable and disposable lands which have not as yet been disposed of in accordance with the Public Land Act. or remove timber or other forest products from any forest land. gathered. he shall. gathering or collecting shall be liable. license or permit and perpetual disqualification from acquiring any such privilege shall be imposed upon any licensee. or sets a fire. collected or removed. 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. If not suitable for use by the Bureau. Any person who shall. Basis of Assessment.00) pesos exclusive of Section 68. the Department Head is hereby authorized. In case the offender is a government official or employee. Any person who shall cut. reforestation. they shall. equipment. That until such time as the mechanics of tree measurement shall have been developed and promulgated in rules and regulations. be deported without further proceedings on the part of the Commission on Immigration and Deportation. without prejudice to the payment of the full cost of restoration of the occupied area as determined by the Bureau. lessee. be deemed automatically dismissed from office and permanently disqualified from holding any elective or appointive position. Provided. rules and regulations. shall be guilty of qualified theft as defined and punished under Articles 309 and 310 of the Revised Penal Code. who shall. Authority of Department Head to impose other fees. upon recommendation of the Director and in consultation with representatives of the industries affected. to impose other fees for forest protection. lease. with the approval of the Department Head. and the machinery. 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. 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. Unlawful occupation or destruction of forest lands. and the civil reservations. That in the case of an offender found guilty of making kaingin. Section 67. in any manner. be fined in an amount of not less than five hundred pesos (P500. That such charges shall not be lower than those now imposed. Collection and Disbursement. without permit. or makes kaingin for his own private use or for others any forest land without authority under a license agreement. That in case the offender is a corporation. partnership or association. the officers and directors thereof shall be liable. Provided. the proceeds of which shall accrue into a special deposit of the Bureau as its revolving fund for the aforementioned purposes. and development. or shall mutilate. 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. lease. the present scaling method provided for in the National Internal Revenue Code shall be used. graze or cause to graze livestock in forest lands. license or permit. Section 70. or negligently permits a fire to be set in any forest land shall. in addition to the above penalties. or from private lands. damage or remove timber or any species of vegetation or forest cover and other natural resources found therein. shall be fined not less than two hundred (P200. without authority under a lease or permit. The collection of the charges and fees above-mentioned shall be the responsibility of the Director or his authorized representative. or who assists. management. The same penalty plus cancellation of his license agreement.000. Provided. collect. upon conviction. occupy for any length of time any portion of the national parks system or shall. Cutting. or in any manner destroys such forest land or part thereof. domestic animals and equipment of any kind used in the commission of the offense. Provided. The Director may. license or permit: Provided. Any person who enters and occupies or possesses. gathering and/or collecting timber or other products without license. the officers who ordered the cutting.00) nor more than twenty thousand pesos (P20. 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. said vehicles shall be sold at public auction. Section 71. Section 69. 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. without any authority under a license agreement. 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. gather. That timber taken and removed from private lands for commercial purposes shall be exempt from the payment of forest charges. Tree measurement shall be the basis for assessing government charges and other fees on timber cut and removed from forest lands. association or corporation. in addition to the confiscation of such livestock and all improvement introduced in the area in favor of the government.That all fees and charges presently being collected under existing laws and regulations shall continue to be imposed and collected until otherwise provided. implements and tools used therein. Section 66. without prejudice to whatever civil action the latter may bring against the offender. in addition to the penalty. and if such officers are aliens. as a special deposit of the Bureau. shall be imposed upon any person. Illegal occupation of national parks system and recreation areas and vandalism therein.00) pesos or more than five hundred (P500. Section 65. and the forfeiture of his improvements in the area.00) and imprisoned for not less than six (6) months nor more than two (2) years for each such offense. . Provided. Provided. the proceeds of which shall accrue to the Development Fund of the Bureau.
deface. or make or apply a government mark on timber or any other forest products by means of any authentic or counterfeit device. Payment. or remove government marks or signs. 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. classified timber land. That if the offender is a corporation. remove or disfigure any such mark. the officers and directors thereof shall be liable. in addition to the confiscation of the implements used in the violation of this section including the cancellation of the license. unless the property is titled or has been occupied and possessed by members of the national cultural minorities prior to July 4. the president or manager shall be directly responsible and liable for the act of his employees or laborers. for each such offense shall. That if the area requires rehabilitation or restoration as determined by the Director. Provided. or permit.000. Any public officer or employee who knowingly surveys. (P1. Section 79. Any person who coerces. nor more than ten thousand (P10. shall. or who delays. If the offender is a government official or employee.00). Section 73. or the rules and regulations promulgated thereunder. if any. Survey by unauthorized person. poster. partnership or association.the value of the thing damaged. If the offender is a corporation. If the offender is an association or corporation. the officers and directors thereof shall be liable. forest reserve. or any marker. Section 77. Provided. Section 74.000. capture or kill any kind of bird. Tax declaration on real property. and the automatic cancellation of the license agreement. or any act of falsification of the volume of logs. suffer an imprisonment of not less than one (1) year and a fine of not less than one thousand. deface. shall be liable to the payment of a surcharge of twenty-five per centum (25%) of the amount due and payable. the National Internal Revenue Code. or has in his possession any government marking.00) pesos in addition to the confiscation of such implements and devices. Unlawful possession of implements and devices used by forest officers. Further. hatchet or other marking implement. Any person violating the provisions of Section 55 of this Code.00) and/or imprisonment for a period of not exceeding six (6) years in the discretion of the Court. 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. whether covered by a license agreement. The survey. or imitation thereof. or the rules and regulations promulgated hereunder. and any construction or improvement made thereon by the offender. logs.000. Section 76. manufacture. or recommends the release of forest lands as alienable and disposable lands contrary to the criteria and standards established in this Code. or any duplicate. in addition. enter any forest lands. lease. make.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. or other forest products shall be a sufficient cause for the suspension of the export.00) pesos. 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. the offender shall also be required to restore or compensate for the restoration of the damage. shall be imposed upon any person who shall. if the offender is a holder thereof. 1955. or the regulations promulgated thereunder. or who orders. fifty per centum (50%) of the fine collected shall accrue to such municipality or city for the development of local parks. That any person who. obstructs or prevents the same. and conduct or undertake a survey for whatever purpose. partnership or association. shall be imposed upon any person who shall. classification or release of forest lands shall be null and void. and upon conviction by a court of competent jurisdiction. municipal or city forest or pasture. without authority from the Director or his authorized representative. Failure to adhere to the established grading rules and standards. 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. firewoods or other forest products. stumps. Section 78. Section 72. 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. lumber. from trees. influences. Misclassification and survey by government official or employee. classified or released. Finally. collection and remittance of forest charges. Section 75. fish or wild animal life within any area in the national parks system shall be subject to the same penalty. shall be fined not less than one hundred (P100. sawmill. 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. upon conviction. license. sign. Any person who fails to pay the amount due and payable under the provisions of this Code. classifies. or other license or permit authorizing the manufacture or sale of such products for a period of not less than two (2) years. and areas under the national park system or to make any false mark or imitation of any mark or sign herein indicated. Sale of wood products. Destruction of wildlife resources. lumber. be punished by a fine of not exceeding one hundred thousand pesos (P100. without proper permit shall hunt. counterfeit. No person shall sell or offer for sale any log. Provided. after an appropriate administrative proceeding. or other devices officially used by officers of the Bureau for the marking or identification of timber or other products. Coercion and influence. causes or effects the transfer or diversion of the funds for purposes other than those specified in this Code. poster or warning notices set by the Bureau to designate the boundaries of cutting areas. be dismissed from the service with prejudice to re-employment. Provided. lease. license or permit.00) pesos for every hectare or a fraction thereof so improperly surveyed. A duly accredited representative of the Bureau shall certify to the compliance by the licensees with grading rules. 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. he shall. 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.000. be dismissed from the service with prejudice to reinstatement and with disqualification from holding any elective or appointive office. That the Court shall order eviction of the offender from the land and the forfeiture in favor of the Government of all timber or any species of vegetation and other natural resources collected or removed. standard and size of . or destroy. Imprisonment for not less than two (2) nor more than four (4) years. or alter. without permit to survey from the Director. or not.
the delivery to. The Department Head may deputized any agency. AS AMENDED. not committed in the presence of any forest officer or employee. Section 80. the delivery to. gathered or taken by the offender in the process of committing the offense. I. gathered or taken by the offender in the process committing the offense. and filing of the complaint with. WHEREAS. far from the authorities designated by law to conduct preliminary investigations. materials and equipment shall be immediately disposed of in accordance with forestry administrative orders promulgated by the Department Head.material sold to each purchaser in exactly the same as described in the invoice. or any personnel of the Philippine Constabulary/Integrated National Police or any of the deputized officers of officials. and the forest products cut. the offender and the confiscated forest product. the latter shall be done within a reasonable time sufficient to the place of delivery. materials and equipment shall be immediately disposed of in accordance with forestry administrative orders promulgated by the Department Head. OTHERWISE KNOWN AS THE "REVISED FORESTRY CODE OF THE PHILIPPINES. THEREFORE. 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. not committed in the presence of any forest officer or employee. PD No. it is of common knowledge that only few criminal cases are being filed against violators of the forestry laws. Reports and complaints regarding the commission of any of the offenses defined in this Chapter. FERDINAND E. 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. MARCOS. The seized products. the latter shall be done within a reasonable time sufficient for ordinary travel from the place of arrest to the place of delivery. Section 80 of Presidential Decree No. 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. in addition thereto. and file the proper complaint with. police agency. If the arrest and seizure are made in the forest. the offender and the confiscated forest products. 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. or any other law. 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. He shall also seize and confiscate. shall immediately be investigated by the forest officer assigned in the area or any AMENDING SECTION EIGHTY OF PRESIDENTIAL DECREE NUMBERED SEVEN HUNDRED FIVE. in favor of the Government. He shall also seize and confiscate. institution of criminal 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. President of the Philippines. barangay or barrio official. SECTION 1. If the arrest and seizure are made in the forests. 1775: WHEREAS. Reports and complaints regarding the commission of any of the offenses defined in this Chapter. do hereby degree that: NOW. tools and equipment to. The arresting forest officer or employee shall thereafter deliver within six (6) hours from the time of arrest and seizure. Bering or barrio official. the tools and equipment used in committing the offense. 705 is amended to read as follows: 80. the tools and equipment used in committing the offense. Institution of criminal actions. Section 80 of the "Revised Forestry Code of the Philippines". The seized products. The arresting forest officer or employee shall thereafter deliver within six (6) hours from the time of arrest and seizure. and filing of the complaint with. who shall thereupon receive the evidence supporting the report or complaint. The Department Head may deputize any member or unit of the Philippine Constabulary. it is of common knowledge that only few criminal cases are being filed against violators of the forestry laws. .00) or the total value of the invoice. Arrest: actions. 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. or any qualified person to protect the forest and exercise the power or authority provided for in the preceding paragraph. Arrest. or any of the deputized officers or officials. in favor of the Government. whichever is greater. far from the authorities designated by the law to conduct preliminary investigations. If there is prima facie evidence to support the complaint or report. the appropriate official designated by law to conduct preliminary investigations and file informations in court. the appropriate official designated by law to conduct preliminary investigation and file information in Court. shall immediately be investigated by the forest officer assigned in the area where the offense was allegedly committed. "Sec. by virtue of the powers vested in me by the Constitution. the dealer shall be punished for each such offense by a fine of not less than two hundred pesos (P200. and the forest products cut. or any qualified person to protect the forest and exercise the power or authority provided for in the preceding paragraph. tools and equipment and file the proper complaint with." WHEREAS.
2." Executive Order No. WHEREAS. degraded. it provides for the full. SECTION 2. traditions. social and cultural objectives. It shall be the Policy of the Government to pursue the sustainable management of forests and forestlands in watersheds. otherwise known as the Revised Forestry Code of Philippines. 2. and unless and until otherwise directed by Congress. Economic Contribution and Global Competitiveness of Forest-Based Industries 1. 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. and active participation of local government units (LGUs). 2. and the rational utilization of all resources found therein. 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. 318: PROMOTING SUSTAINABLE FOREST MANAGEMENT IN THE PHILIPPINES WHEREAS. decentralization and devolution. 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. Guiding Principles. synergism of economic. ensure their sustainable raw material supply and encourage value-added processing in-country to boost rural employment and the economy. Conversions of forestlands into non-forestry uses shall be allowed only through an act of Congress and upon the recommendation of concerned government agencies. State forestlands shall be identified.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. and attain SFM in the Philippines. community organizations. promote industrialization and full employment. 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. values. Forest Conservation and 2. protection and management activity of any management unit shall be the rehabilitation of open and/or denuded. including joint ventures. 2. by virtue of the powers vested in me by the Constitution. 705. local peoples. Classification State Forestlands and Demarcation of 1. Local cultures. globally-competitive and equitable forestry practices in both public and private domains. logging or any commercial exploitation of forestry resources in old growth forests. rights-based. The pursuit of these policies shall be guided by the following principles: 2. CBFM shall be a collaborative undertaking of the national government and the LGU’s. Watersheds shall be deemed as ecosystem management units and shall be managed in a holistic. as an international strategy for developing and managing forests.Delineation. to protect the Filipino people from disaster like floods or landslide. Incentives for Enhancing Private Investments. effective and efficient. do hereby order: SECTION 1. 2. 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.4. it shall be encouraged in all private sector forestry enterprises and ventures.2. . Sustainable and Integrated Development of Forestry Resources 1. Likewise. 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.personnel of the Philippine Constabulary/Integrated National Police where the offense was allegedly committed.3. air pollution and drought. and slope stabilization and protection to address occurrence of floods. WHEREAS. affirm the diverse cultures of the Filipino. classified and delineated/demarcated on the ground and shall constitute the permanent forest estate unless otherwise stipulated by Congress. ecological. THEREFORE. and ensure their availability to present and future generations. President of the Republic of the Philippines. biodiversity loss. the same shall be categorized and managed either as primarily for production or as primarily for protection purposes. and private business entities. 3. and from threats to environmental and economic security like wood and water shortage. landslides and similar ecological disasters. technologybased and community-based manner and observing the principles of multi-use. Community-Based Development 1. who shall thereupon receive the evidence supporting the report or complaint. I GLORIA MACAPAGAL ARROYO. 3. Declaration of Policy. production sharing and co-production. 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. Sustainable Forest Management (SFM) is provided in the Global Plan of implementation of the World Summit on Sustainable Development adopted in Johannesburg. The priority development. Community-Based Forest Management (CBFM) shall be the primary strategy in all forest conservation and development and related activities. civil society organizations (CSO’s). WHEREAS. scientific. The establishment of tree parks. fragile forestlands. Holistic. It shall likewise be the policy of the Government to promote sound. The government shall provide a favorable and stable policy and investment environment-friendly forest based industries. WHEREAS. placed under a formal management scheme. and in both cases. efficient and rights-based use of natural resources to abate poverty. regreening and roadside planting of forest species in open and appropriate spaces shall be prioritized to mitigate worsening urban air quality and global warming.
LGUs. 4. decentralization. in transactions. Forest land use plans shall be incorporated by LGUs in their comprehensive land use plans. pirvate forestry. 2. 3. 2. The principles and practices of good governance such as transparency. industries. and industries involved in the promotion and practice of SFM shall be strengthened. bonds and collaborative investments. 7. shall be encouraged to support sustainable forest management and enterprises and the conservation of forest-based biodiversity in the Philippines. basic sectors. local communities. WHEREAS. . including research and development. Innovative financial systems and approaches. Article II. accountability and participatory decision-making.2. both men and women. Institutional Support for SFM 1. Mechanism for proper valuation and fair and comprehensive pricing of forest products and services. Incentives shall be provided to encourage comanagement of forest resources involving national and other government agencies (NGAs/OGAs). 192. 3. forestry extension services by NGAs/OGAs and LGU shall be upgraded and intensified and undertaken with CSOs. industrial. Executive Order No. LGUs. private lands and in home forest gardens shall be promoted and encouraged to enhance economic and ecological benefits and attain self-sufficiency in the country’s wood requirements. including water for domestic. 5. CSOs. and eco-tourism. such as securitization. NGAs/OGAs. regional and national plow-back mechanisms of utilizing proceeds from the use of watersheds. Article XIV. irrigation and power generation. shall be developed and promoted. 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. professional forestry organizations. 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. Section 10 provides for the promotion of social justice to all citizens in all phases of national development. Filipino entrepreneurship in encouraged and supported. LGUs. Section 16 of the 1987 Constitution provides for the protection and advancement of the right of the Filipino people. CSOs. in all levels. WHEREAS. 2. 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. WHEREAS. 4. 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. series of 1987. shall be developed and promoted to finance forest protection. devolution and deregulation shall be adopted. rehabilitation. LGUs. academic and other research and development institutions and other stakeholders shall be promoted. Networks and linkages involved with local and international institutions. biodiversity and eco-tourism. WHEREAS. 4. 6. 5. to a healthful and balanced ecology. shall be upgraded and modernized. Forestry administrative systems and institutions. EO No . Section 17 mandates the State to recognize and respect the rights of the indigenous peoples to their ancestral domains and consider their customs. to support CBFM.5 Proper Valuation and Pricing of Forestry Resources and Financing SFM 1. and the policy of streamlining. decisions and actions affecting forestry. 3. supplying domestic and irrigation water. CSOs. and the private sector. meaningful and indispensable participation of communities as immediate stakeholders of the forestland resources in the protection and management of the forest ecosystem. and development. civic groups. but not limited to power generation. and local communities. forestry shall be promoted and institutionalized in the Government service.6. forestry co-management enterprises. Partnerships and collaboration between and among the DENR. Academic programs and scientific research shall be harnessed to generate information. 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. Article II. technologies and policies that will strengthen national capacities for SFM under the frameworks of watershed ecosystem management (WEM) and CBFM. forests and forestlands for ecological and environmental services such as. Local. Human resources development programs for all stakeholders shall be rationalized and upgraded in support of SFM. National Government agencies shall assist LGUs in this endeavor. 5. The development of high-value tree crops and nontimber forest crops in public forestlands. CSOs. traditions and beliefs in the formulation of laws and policies. and the development of forest-based biodiversity. the Philippines 2000 and the government's Social Reform Agenda support people empowerment and the full. 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. 2.
and conservation to the 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. and utilization of at least 4 million hectares of forestlands. Science and Technology. entrusting the responsibility for forest rehabilitation. 9. in coordination with the local government units and the Department of Interior and Local Government (DILG) shall. Finance. Sec. private and public organizations. the 25-year Master Plan for Forestry Development also recognizes the indispensable role of local communities in forest protection. The action plan shall be discussed and approved by the CBFM Steering Committee prior to its submission to the President. at least. 8. Philippine Wood Products Association. Committee on Flagship Programs and Projects of the Office of the President. in consultation with government financial institutions. National Economic Development and Authority. 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. and Offices of Northern and Southern Cultural Communities. sale. The Committee may invite representatives from the Philippine Chamber of Commerce. A CBFM Steering Committee shall be created immediately and headed by the DENR with members from the Departments of Agriculture. Trade and Industry. The DENR Secretary shall. Sec. the DENR. 1. Sec. protection. Cooperative Development Authority. and other concerned organizations to ensure that communities are empowered to initiate and achieve the objectives of this Order. local government units. Such harvesting methods shall be mentioned under a site-specific management plan of each recipient community and duly approved by the DENR. regulations. to conserve. 6. and other government personnel. Sec. 13. 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. 4. The DENR shall work with local governments. non-government organizations. Within six months after the signing of this Order. 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. enterprise development. Interior and Local Government. The DENR may source local and international grants and donations for the establishment of the CBFM Special Account. management. the DENR shall allot adequate funds to effectively accomplish CBFM targets and shall seek supplementary funding from local and foreign supporting agencies and organizations. Sec. at all times. Toward this end. medium and longterm plans. submit to the Office of the President. pending the passage of the revised Forestry Code. possession. arrangements for a community forestry training program for members of participating units. Sec. Labor and Employment. through its Community and Provincial Environment and Natural Resource Offices. the Land Bank of the Philippines (LBP). such as people's organizations. 7. Republic Act No. Sec. and labor-intensive harvesting methods. NOW. Budget and Management. The Committee shall formulate and develop policy guidelines that will create incentives and conditions necessary to effectively carry out community-based forest management strategy. transfer. agroforestry development. within six months from the signing of this Order. and targets the protection. THEREFORE. people's organizations (POs). and guidelines necessary to implement this Order and repeal or modify existing ones consistent with the policies set forth by the CBFM Steering Committee. rehabilitation. The DENR. Participating organized communities may be granted access to the forestland resources under long term tenurial agreements. GSIS and the SSS. I FIDEL V. Declaration Policy. Sec. All previous executive and administrative issuances which are inconsistent herewith are repealed or amended accordingly. 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. President of the Philippines. 11. non-government organizations (NGOs). WHEREAS. Sec. RAMOS. members of the CBFM Steering Committee should. religious groups. tree plantations. 5. In its budget preparation. and other nonforest-based alternative livelihood systems. take into account the needs and aspirations of local communities whose livelihood depends on the forestlands. Presidential Management Staff under the Office of the President. Accordingly. The DENR shall support and set up jointly with relevant colleges and universities. The State shall therefore regulate the ownership. ecologically-sustainable. by virtue of the powers vested in me by law. a National Comprehensive Community Forestry Action Plan. 3. provided they employ environment-friendly. Agrarian Reform. development and management. develop and protect the forest resources under sustainable management. Other sources of fund may later be determined by the CBFM Steering Committee subject to existing government regulations. Sec. Community-based forest management (herein referred to as CBFM) shall be the national strategy to achieve sustainable forestry and social justice. Philippine Commission on Countrywide Development under the Office of the President. 9175 : Chain Saw Act of 2002 Section 2. – It is the policy of the State consistent with the Constitution. The DENR Secretary shall issue new rules. such as the Development Bank of the Philippines (DBP). Sec.WHEREAS. . 10. business and industry. through the community-based forest management strategy. NGO coalition groups. 2. procedures. DENR shall ensure the inclusion of budgetary allocation for CBFM in the annual General Appropriations Act. Sec. Sec. 12. National Defense and Justice. be represented by concerned Assistant Secretaries or heads of bureaus and agencies. 14. importation and/or use of chain saws to prevent them from being used in illegal logging or unauthorized clearing of forests. and other public and private organizations to become members of the Steering Committee. which embodies the Department's short. do hereby order that: Sec. rehabilitation.
the Department shall be allowed to collect reasonable registration fees for the effective implementation of this Act. For this purpose. (3) Tampering of Engine Serial Number . Section 8. production sharing agreement. and (d) "Secretary" shall refer to the Secretary of the Department of Environment and Natural Resources. . Purchasing. Section 10. but is not limited to.000. the term: (a) "Chain saw" shall refer to any portable power saw or similar cutting implement. He shall likewise organize an office within the Department to ensure that requirements imposed by this Act may be complied with by qualified persons. .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). If the offender is a public official or employee. Re-selling. and the chain saw/s confiscated in favor of the government. Every permit to possess and/or use a chain saw for legitimate purpose shall be valid for two (2) years upon issuance: Provided.000. .000. 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. through any of its Community Environment and Natural Resources Office. 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. The chain saw unlawfully used shall be likewise confiscated in favor of the government. 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. or (e) shall use the chain saw for a legal purpose. (c) "Department" shall refer to the Department of Environment and Natural Resources.Within a period of three (3) months from the effectivity hereof. that may be used for. distribution.00) or both at the discretion of the court.As used in this Act. If the violation under this Section is committed by or through the command or order of another person.00) but not more than Fifty thousand pesos (P50. Persons Authorized to Possess and Use a Chain Saw. Sell and Import Chain Saws. dealers and/or private owners who are duly authorized by the Department. importation.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. natural or juridical.Section 3. (a) Selling. Transferring. (4) Actual Unlawful Use of Chain Saw. (b) is an orchard and fruit tree farmer.To effectively implement the provisions of this Act. .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 the shortest possible time. transfer the ownership.00). Reward. The Department is authorized to include in its budget the amount necessary to carry out the purpose of this Section. or similar agreements.000. . 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.000. Section 4. Revocation of Registration and Permit. . Registration of Chain Saws. In the Province of Palawan. at the least possible expense.000. in addition to the above penalties. the provisions of this Act shall be implemented by the Palawan Council for Sustainable Development pursuant to Republic Act No. (b) "Chain saw dealer" shall refer to a person. which shall issue the corresponding registration certificate or permit if it finds such persons to be qualified hereunder. Section 6.The Secretary may revoke any Certificate of Registration or permit previously issued to a person found violating the provisions of this Act.Any person who sells. purchase and/or sale of chain saws. .00) or both at the discretion of the court without prejudice to being prosecuted for a separate offense that may have been simultaneously committed. the felling of trees or the cutting of timber.000.Chain saws shall only be sold and/or imported by manufacturers.Any person who is found to have defaced or 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 (P1.00) but not more Thirty thousand pesos (30.000.00) nor more than Four thousand pesos (P4. Section 9. he shall be removed from office and perpetually disqualified from holding any public office. (2) Unlawful Importation or Manufacturing of Chain Saw. or the rules and regulations issued pursuant thereto. Persons Authorized to Manufacturer. two (2) months and one (1) day to six (6) years or a fine of not less than Fifteen thousand pesos (P15. or a private land timber permit. .00) for more than Four thousand pesos (P4.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. (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. partnership or corporation. engaged in the manufacture. purchases. . Authority of the Secretary. Penal Provisions. rendered operative by an electric or internal combustion engine or similar means. Section 5.00). or the responsible officer(s) in such partnership or corporation. Distributing or Possessing a Chain Saw Without a Proper Permit. Section 7. . 7611 or the Strategic Environmental Plan for Palawan. the Secretary shall issue the implementing rules and regulations within ninety (90) days upon approval of this Act. the penalties herein provided shall likewise be imposed on such other person. (c) is an industrial tree farmer. . . Definition of Terms. all persons who own or are otherwise in possession of chain saws must register the same with the Department.
Joint Congressional Oversight Committee .Section 11. 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. 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. 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.To monitor and oversee the implementation of this Act. . . including the approval of the rules and regulations issued pursuant hereto.