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A) Philippine Forest Law;

1. Act 235, The Philippine Organic Act, sections 13 to 18 (1902)
“Section 13. That the Government of the Philippine Islands, subject to the
provisions of this Act and except as herein provided, shall classify according
to its agricultural character and productiveness, and shall immediately make
rules and regulations for the lease, sale, or other disposition of the public
lands other than timber or mineral lands, but such rules and regulations shall
not go into effect or have the force of law until they have received the
approval of the President, and when approved by the President they shall be
submitted by him to Congress at the beginning of the next ensuing session
thereof and unless disapproved or amended by Congress at said session they
shall at the close of such period have the force and effect of law in the
Philippine Islands: Provided, that a single homestead entry shall not exceed
sixteen hectares in extent.
Section 14. That the Government of the Philippine Islands is hereby
authorised and empowered to enact rules and regulations and to prescribe
terms and conditions to enable persons to perfect their title to public lands in
said Islands, who, prior to the transfer of sovereignty from Spain to the
United States, had fulfilled all or some of the conditions required by the
Spanish laws and royal decrees of the Kingdom of Spain for the acquisition of
legal title thereto, yet failed to secure conveyance of title; and the Philippine
Commission is authorised to issue patents, without compensation, to any
native of said Islands, conveying title to any tract of land not more than
sixteen hectares in extent, which were public lands and had been actually
occupied by such native or his ancestors prior to and on the thirteenth of
August, eighteen hundred and ninety-eight.
Section 15. That the Government of the Philippine Islands is hereby
authorised and empowered, on such terms as it may prescribe, by general
legislation, to provide for the granting or sale and conveyance to actual
occupants and settlers and other citizens of said Islands such parts and
portions of the public domain, other than timber and mineral lands, of the
United States in said Islands as it may deem wise, not exceeding sixteen
hectares to any one person and for the sale and conveyance of not more
than one thousand and twenty-four hectares to any corporation or
association of persons: Provided, that the grant or sale of such lands,
whether the purchase price be paid at once or in partial payments, shall be
conditioned upon actual and continued occupancy, improvement, and
cultivation of the premises sold for a period of not less than five years,
during which time the purchaser or grantee can not alienate or encumber
said land or the title thereto; but such restriction shall not apply to transfers
of rights and title of inheritance under the laws for the distribution of the
estates of decedents.

Section 16. That in granting or selling any part of the public domain under
the provisions of the last preceding section, preference in all cases shall be
given to actual occupants and settlers; and such public lands of the United
States in the actual possession or occupancy of any native of the Philippine
Islands shall not be sold by said Government to any other person without the
consent thereto of said prior occupant or settler first had and obtained:
Provided, that the prior right hereby secured to an occupant of land, who can
show no other proof of title than possession, shall not apply to more than
sixteen hectares in any one tract.
Section 17. That timber, trees, forests, and forest products on lands leased
or demised by the Government of the Philippine Islands under the provisions
of this Act shall not be cut, destroyed, removed, or appropriated except by
special permission of said Government and under such regulations as it may
prescribe.
All moneys obtained from lease or sale of any portion of the public domain or
from licenses to cut timber by the Government of the Philippine Islands shall
be covered into the Insular Treasury and be subject only to appropriation for
insular purposes according to law.
Section 18. That the forest laws and regulations now in force in the
Philippine Islands, with such modifications and amendments as may be made
by the Government of said Islands, are hereby continued in force, and no
timber lands forming part of the public domain shall be sold, leased, or
entered until the Government of said Islands, upon the certification of the
Forestry Bureau that said lands are more valuable for agriculture than for
forest uses, shall declare such lands so certified to be agricultural in
character: Provided, that the said Government shall have the right and is
hereby empowered to issue licenses to cut, harvest, or collect timber or
other forest products on reserved or unreserved public lands in said Islands
in accordance with the forest laws and regulations hereinbefore mentioned
and under the provisions of this Act, and the said Government may lease
land to any person or persons holding such licenses, sufficient for a mill site,
not to exceed four hectares in extent, and may grant rights of way to enable
such person or persons to get access to the lands to which such licenses
apply.”
2. Commonwealth Act No. 452, Pasture Land Act, sections 2,3, and 5
(1939)
“Section2. No person shall occupy or use any parcel of public land for
pasture purposes without first securing therefor a lease or permit from the
Director of Forestry in accordance with the provisions of this Act.

Section3. The Bureau of Forestry shall have jurisdiction and authority over
the administration, protection, and management of pasture lands and over
the granting of leases or permits for pasture purposes to any citizen of lawful
age of the Philippines and any corporation or association of which at least
sixty per centum of the capital stock belongs wholly to citizens of the
Philippines, and which is organized and constituted under the laws of the
Philippines for an area of not more than two thousand hectares in
accordance with the provisions of this Act. Such 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.
Section5. All parcels of public land applied for grazing purposes shall be
investigated by the Bureau of Forestry and if the same are found to be within
certified alienable or disposable land suitable for grazing purposes, said
Bureau shall request the Bureau of Lands that said parcels of land be
reverted to the category of public forest land. Upon such reversion, the
Bureau of Forestry shall take proper action on the pasture applications in
accordance with the provisions of this Act.”
3. Presidential Decree No. 330, Penalizing Timber Smuggling or
Illegal Cutting of Logs (1973)
“PRESIDENTIAL DECREE No. 330
PENALIZING TIMBER SMUGGLING OR ILLEGAL CUTTING OF LOGS
FROM PUBLIC FORESTS AND FOREST RESERVES AS QUALIFIED THEFT
WHEREAS, public forests and forest reserves are important natural resources
of the country which must be preserved and conserved for future
generations;
WHEREAS, public forest and forest reserves are the vital source of logs and
other wood products so essential to the national economy as principal dollar
earner of the country;
WHEREAS, it is the solemn duty of every citizen to protect public forest and
forest reserves from indiscriminate logging, senseless denudation and
wanton destruction to the detriment of the present and future generations;
WHEREAS, there is need to discourage further forest destruction and
denudation in order to conserve the remaining public forest and forest
reserves for the patrimony of the country;

Any person. Presidential Decree No. or smuggles timber. the Department of Agriculture and Natural Resources has prepared. 1972. partnership or association. 1081 dated September 21. as the case may be. This decree shall take effect immediately after publication in the Official Gazette or in a newspaper of general circulation in the country. in addition to the penalty herein prescribed.” 4. including watershed areas.net . 389 February 5. gathers. MARCOS. or other forest products. I. firm. he or they shall be deported without further proceedings on the part of the Commissioned of Immigration and Deportation. of the corporation. rules and regulations inconsistent herewith are hereby repealed or modified accordingly. and in pursuance of the provisions of the New Constitution. President of the Philippines. Done in the City of Manila. partnership or association. removes. to protect and preserve national parks. WHEREAS.NOW. in the year of Our Lord. and at the same time. 1974 CODIFYING. cd i Section 2. 1972. the penalty shall be imposed upon the guilty officer or officers. REVISING AND UPDATING ALL FORESTRY LAWS AND FOR OTHER PURPOSES WHEREAS. lawphi1. whether natural or juridical. That if the offender is a corporation. Section 3. 1 dated September 22. nineteen hundred and seventy-three. there is a serious need to effectively conserve the Nation's public forests. this 8th day of November. by virtue of the powers vested in me by the Constitution as Commander-in-Chief of all the Armed Forces of the Philippines. upon my instructions. 389. Provided. THEREFORE. revision and updating of forestry laws to conform with. 309 and 310 of the Revised Penal Code. and if such guilty officer or officers are aliens. to provide suitable agricultural land for our people. firm. FERDINAND E. rules and regulation shall be guilty of the crime of qualified theft as defined and penalized under Articles 308. or from any privately owned forest lands in violation of existing laws. do hereby order and decree: Section 1. either from any of the public forest. forest reserves and other kinds of public forests. drafted and completed the codification. who directly or indirectly cuts. and General Order No. whether under license or lease. All laws. Forestry Reform Code (1974) “PRESIDENTIAL DECREE No. and pursuant to Proclamation No.

the adoption of the Code as part of the law of the land will achieve the following results. and 7. Reforestation Administration. 1. the urgency of giving force and effect to this measure in the quickest possible manner and time cannot be overemphasized. assuring the effective conservation of the forest and elimination of petty graft resulting from periodic renewal of such timber licenses. continuing census of settlers and kaingin management in public forest. forest protection. among others: 1. which can adequately complete in foreign markets in terms of quality and pricing of output. Resettlement or integration of settlers in public forests through a system of kaingin management. Abolition of the requirement of one processing plant for each concession and inducing the establishment of economic-sized plants located near shipping points. the Filipino people having witnessed and suffered from the last catastrophic floods and droughts throughout the Archipelago. The gradual phasing out of log exportation and accelerated development of the local wood processing industry through a system of disincentives and incentives. 4.WHEREAS. as already embodied in the Integrated Reorganization Plan approved under Presidential Decree No. Adopted and made part of this Code is the merger of the Bureau of Forestry. reforestation of denuded watersheds. The abolition of short-term licenses and the granting of long-term license agreements of 10 and 25 years to afford the grantee security of tenure. This involves a complete and continuing census of all occupants of public forest. thus. 5. Acceleration of land classification and immediate proclamation of permanent forests as forest reserves. including their location. Additional revenue to support the expanded responsibilities of the Bureau of Forest Development in land classification. 2. WHEREAS. 6. in order to determine valid claims and prepare action plans for integrating such occupants into the socio-economic mainstream. forest research and development. Revitalization of the Forest Agency (Bureau of Forest Development). 3. . and the Parks and Wildlife Office.

.net (b) To safeguard the national interest in the maintenance of a wholesome ecological environment. equipment. property and such personnel as may be necessary. the Parks and Wildlife Office and such other government agency. and (d) To provide a stable forestry agency and a body of laws and regulations adequate to achieve the national policy. as amended. and General Order No. dated September 22. records. MARCOS. Declaration of Policy. hereinafter referred to as Department Head. hereinafter referred to as Bureau. dated September 21. the Reforestation Administration. 1. 1081.NOW. FERDINAND E. It is the policy of the State: (a) To promote the wise utilization. in order to accelerate the classification of our remaining unclassified forest lands into alienable or disposable public lands and permanent forest and conserve the latter for the benefit of the present and future generations of this Country. including those under private ownership. President of the Philippines. For the purpose of carrying out the policies established under this Code. including their associated services relating to water supply. lawphi1. are hereby merged into a single agency to be known as the Bureau of Forest Development. 1972. (c) To accelerate the rehabilitation of denuded lands. Merger and Organization of Forestry Agencies. THEREFORE. do hereby order and decree the following: Article I Title and Policy Section 1. Title. This shall be known as the "Forestry Reform Code of the Philippines". 1972. Section 2. recreation and wildlife preservation. instrumentality or special project as are performing related functions. I. the Bureau of Forestry. The Bureau shall be directly under the control and supervision of the Secretary of the Department of Agriculture and Natural Resources. conservation and development of the forest resources of the country. by virtue of the powers in me vested by the Constitution as Commander-in-Chief of the Armed Forces of the Philippines and pursuant to Proclamation No. including applicable appropriations. Article II Organization and Jurisdiction of the Bureau of Forest Development Section 3.

(4) evaluate. career and employee development. Performance Evaluation. (3) guide the preparation of multiple-use plans for the public forest. plans. (2) prepare long-range and annual programs of work. health and welfare service. the quality and quantity of performance as measured against established policies. policies and procedures as needed to achieve agency objectives. `` All positions in the three merged agencies are considered vacated. classification and pay.The Bureau shall be headed by a Director. training. employee relations. Section 5. and justifications. This division shall consist of functional sections. (5) establish standards for land classification in the public forest. Present occupants may be appointed in accordance with a plan organization prepared by the Director as approved by the Department Head. provide fund estimates in . and (8) perform such other functions as may be provided by law. through a system of field inspection. activities and accomplishments of the Bureau. 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. Section 4. (7) maintain agency manuals. No person shall be appointed Director or Assistant Director of the Bureau unless he is a natural-born citizen of the Philippines. goals and standards. (6) recommend changes in laws. at least 30 years of age. and a registered forester. The Directors and Assistant Directors shall be appointed by the President. organization and management research relative to forest land management and forest industry development. namely: Program Planning. who shall be assisted by one or more Assistant Directors. Qualification of the Director and Assistant Director. (3) inform the public about the policies. There is hereby created the following divisions: (a) Planning and Evaluation Division which shall have the following functions: (1) undertake economic. performance rating. in which case the position may be filled by any other qualified applicant. regulations. Forest Economics and Management Analysis. (4) develop and improve budgetary methods. procedures. (2) develop and administer a personnel program on selection and placement. (b) Administrative Division which shall have the following functions: (1) advise management on personnel policies and administration. a holder of at least Bachelor's Degree in Forestry or its equivalent. Creation of Functional Divisions and Staffs.

messengerial. and general utility services for the Bureau. Information and General Services. (3) appear in courts and administrative bodies in behalf of the Director and other personnel of the Bureau on cases arising from the lawful discharge of. (9) procure. and programs. and distribute supplies and equipment and conduct periodic inventories of the same. or cases related to the functions of their offices. Accounting. (5) maintain basic and subsidiary accounting records and books of accounts to reflect financial transactions. 705 REVISING PRESIDENTIAL DECREE NO. parks. This Division shall consist of functional sections. (d) Silviculture Division which shall have the following functions: (1) maintain a current inventory of timber resources in the public forest. (8) provide mail. OTHERWISE KNOWN AS THE FORESTRY REFORM CODE OF THE PHILIPPINES WHEREAS. process vouchers or claims. reforestation. rules and regulations. (4) conduct investigations regarding cases filed against employees of the Bureau and submit recommendations.support of the Bureau's operations. it is necessary to reassess the multiple uses of forest lands and resources before allowing any . (2) assist the regional staffs in resolving complex legal problems involving violations of laws. (11) and perform such other functions as may be provided by law. to achieve the above purpose. and wildlife laws. Presdidential Dcree No. 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. including virgin. (6) certify to the availability of funds. Budget. and (5) perform such other functions as may be provided by law. WHEREAS. (7) file and maintain necessary records and establish a records disposition program. store. proper classification. (2) design” 5. (c) Legal Staff which shall have the following functions: (1) provide legal counsel and assistance to the Director and various organizational units of the central office concerning the interpretation and application of forestry. and provide for the systematic release and control of fund allotments to the various units of the Bureau. obligate funds. 389. plans. and prepare financial reports. cutover and degraded forests. transportation. (10) provide cashiering services. namely: Personnel. The Legal Staff shall be directly under the Office of the Director.

NOW. and the management. FERDINAND E. projects and efforts on the proper classification and delimitation of the lands of the public domain. Policies. the present laws and regulations governing forest lands are not responsive enough to support re-oriented government programs. WHEREAS.utilization thereof to optimize the benefits that can be derived therefrom. protection. Title of this Code. and d) The protection. WHEREAS. MARCOS. – This decree shall be known as the “Revised Forestry Code of the Philippines. in order to ensure the continuity of their productive condition. it is also imperative to place emphasis not only on the utilization thereof but more so on the protection.” SECTION 2. c) The establishment of wood-processing plants shall be encouraged and rationalized. rehabilitation and development of forest lands. I. utilization. development and rehabilitation of forest lands shall be emphasized so as to ensure their continuity in productive condition. 389 to read as follows: SECTION 1. President of the Philippines. . and the public welfare. by virtue of the powers in me vested by the Constitution. the advancement of science and technology. – 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. do hereby revise Presidential Decree No. rehabilitation. and development of forest lands. THEREFORE. b) Land classification and survey shall be systematized and hastened.

Xby TurboMac b) Permanent forest or forest reserves refers to those lands of the public domain which have been the subject of the present system of classification and declared as not needed for forest purposes. – 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. 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. guidelines and procedure. for the raising of livestock. . the permanent forest or forest reserves. 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. in view of the suitability of its topography and vegetation. Definitions.SECTION 3. and to provide enjoyment of those features in such a manner as will leave them unimpaired for future generations. the natural and historic objects and the wild animals or plants therein. e) Grazing land refers to that portion of the public domain which has been set aside. d) Forest lands includes the public forest. and forest reservations. 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. g) Forest reservations refer to forest lands which have been reserved by the President of the Philippines for any specific purpose or purposes.

j) Marine park refers to any public offshore area delimited as habitat of rare and unique species of marine flora and fauna. sports fishing. wood. bark. and flowering plant. beeswax. shrub. nipa. honey. water skiing and related healthful activities. extending along stream where the water is brackish. the . resin. pulpwood. firewood. 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. k) Seashore park refers to any public shore area delimited for outdoor recreation. birds and fish and closed to hunting and fishing in order that the excess population may flow and restock surrounding areas.Xby TurboMac i) Game refuge or bird sanctuary refers to a forest land designated for the protection of game animals. or other forest growth such as grass. n) Critical watershed is a drainage area of a river system supporting existing and proposed hydro-electric power. o) Mangrove is a term implied to the type of forest occurring on tidal flat along the sea coast. irrigation works or domestic water facilities needing immediate protection or rehabilitation. gum. tree top. l) Watershed reservation is a forest land reservation established to protect or improve the conditions of the water yield thereof or reduce sedimentation. rattan. q) Forest products means timber. Xby TurboMac p) Kaingin refers to a portion of the forest land which is subjected to shifting and/or permanent slash-and-burn cultivation. oil.

bagtikan and mayapis of the Philippine mahogany group. tanguile. grass and timber of forest lands. s) Pine forest as a forest type predominantly of pine trees. game.trees to regenerate the area. y) Seed tree system is a silvicultural system characterized by partial clearcutting leaving seed. r) Dipterocarp forest is a forest dominated by trees of the dipterocarp species. . almon. u) Tree farm refers to any small forest land or tract of land purposely planted to tree crops. overmature 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. v) Agro-forestry is a sustainable management for land which increases overall production. fish. and forest cover for the protection and conservation of soil. and applies management practices which are compatible with the cultural patterns of the local population. water. w) Multiple-use is the harmonized utilization of the land. such as red lauan. tiaong. water and wildlife. recreation value. apitong and the yakals.associated water. historical. white lauan. tree crops and forest plants and/or animals simultaneously or sequentially. soil. scenic. combines agriculture crops. z) Healthy residual refers to a sound or slightly injured tree of the commercial species left after logging. wildlife. t) Industrial tree plantation refers to any forest land extensively planted to three crops primarily to supply raw material requirements of existing or proposed wood processing plants and related industries. recreational and geologic resources in forest lands. x) Selective logging is the systematic removal of the mature.

ee) 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. paper or other finished wood products. and other renewable resources of the forest. bb) Processing plant is any mechanical setup. . gg) Annual allowable cut is the volume of materials. blockboard. device.aa) Sustained-yield management implies continuous or periodic production of forest products in a working unit for the purpose of achieving at the earliest practicable time an approximate balance between growth and harvest or use. paper board. or establish and operate a wood-processing plant. cc) Lease is a privilege granted by the State to a person to occupy and possess. protect and rehabilitate the same in accordance with the terms and conditions set forth in said agreement. without any right of occupation and possession over the same. any forest land of the public domain in order to undertake any authorized activity therein. but with the corresponding obligation to develop. whether of wood or other forest products. grass. veneer. This is generally applied to the commercial timber resources and is also applicable to the water. machine or combination of machines used for the conversion of logs and other forest raw materials into lumber. dd) License is a privilege granted by the State to a person to utilize forest resources within any forest land. pulp. or conduct any activity involving the utilization of any forest resources. wildlife. to the exclusion of others. in consideration of specified rental. fiberboard. plywood. except the government. ff) Permit is short-term privilege or authority granted by the State to a person to utilize any limited forest resources or undertake a limited activity within any forest land without any right of occupation and possession therein. that is authorized to be cut yearly from a forest.

and in the case of national minority to rights of possession existing at the time a license is granted under this Code. the Southern Cebu Reforestation Development Project. commercial forests and established plantations of the forest trees and trees of economic values. but exclude productive forest inclusive of logged-over areas. ll) Forest officer means any official or employee of the Bureau who has been appointed or delegated by law or by competent authority to execute. jj) Silviculture is the establishment. ii) Forest ecosystem refers to the living and non-living components of a forest and their interaction. and the Parks and Wildlife Office. equipment. burial grounds. as well as their implementing regulations. kk) Rationalization is the organization of a business or industry using management principles. nn) Person includes natural as well as juridical person. development.hh) Cutting cycle is the number of years between two major harvests in the same working unit and/or region. property and such personnel as may be necessary. which possession may include places of abode and worship. are hereby merged into a single . reproduction and care of forest trees. Creation of. systems and procedures to attain stability. and Merger of all Forestry Agencies into. the Reforestation Administration. other related laws. the Bureau of Forestry. records. mm) Private right means or refers to titled rights of ownership under existing laws. and old clearings. efficiency and profitability of operation. the Bureau of Forest Development. CHAPTER I Organization and Jurisdiction of the Bureau SECTION 4. – For the purpose of implementing the provisions of this Code. including applicable appropriations. implement or enforce the provisions of this Code.

It shall be responsible for the protection. Supervision and Control. at least 30 years of age. and the enforcement of forestry. development and preservation of national parks. hereinafter referred to as the Department Head. and all forest reservations including watershed reservations presently administered by other government agencies or instrumentalities. SECTION 5. game and wildlife laws. SECTION 6. No person shall be appointed Director or Assistant Director of the Bureau unless he is a natural born citizen of the Philippines. hereinafter referred to as the Bureau. – The Bureau shall be directly under the control and supervision of the Secretary of the Department of Natural Resources. the protection. and a registered forester. The Bureau shall regulate the establishment and operation of sawmills. – The Bureau shall be headed by a Director. the implementation of measures and programs to prevent kaingin and managed occupancy of forest and grazing lands. the implementation of multiple use and sustained yield management in forest lands. the regulation and supervision of the operation of licensees. in collaboration with other bureaus. veneer and plywood mills and other wood processing plants and conduct studies of domestic and world markets of forest products. reforestation. development. who shall be assisted by one or more Assistant Directors. The Director and Assistant Directors shall be appointed by the President. and regulations. Jurisdiction of Bureau. rules. . parks. management. marine parks. the effective. Director and Assistant Director and their Qualifications. lessees and permittees for the taking or use of forest products therefrom or the occupancy or use thereof. a holder of at least a Bachelor’s Degree in Forestry or its equivalent. game refuges and wildlife.agency to be known as the Bureau of Forest Development. efficient and economic classification of lands of the public domain. – The Bureau shall have jurisdiction and authority over all forest land. SECTION 7. grazing lands. regeneration. and reforestation of forest lands.

Rules and Regulations. and Regional and District Offices. . to wit: Divisions Sections Planning and Evaluation Division Program Planning. 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. For the efficient and effective implementation of the program of the Bureau. motu propio or upon appeal of any person aggrieved thereby. shall promulgate the rules and regulations necessary to implement effectively the provisions of this Code. SECTION 9. in which case the position may be filed by any other qualified applicant. by the Department Head whose decision shall be final and executory after the lapse of thirty (30) days from receipt by the aggrieved party of said decision. – The Department Head. Performance Evaluation. series of 1966. Review. Creation of Functional Divisions. 19. SECTION 10. Management Analysis Data and Information. Administrative Division Budget. Accounting. – All positions in the merged agencies are considered vacant. upon the recommendation of the Director of Forest Development. Forest Economics. Personnel. 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.SECTION 8. the following divisions and sections are hereby created. unless appealed to the President in accordance with the Executive Order No. – All actions and decisions of the Director are subject to review. The Decision of the Department Head may not be reviewed by the courts except through a special civil action for certiorari or prohibition.

General Services. Utilization. Watershed Management.Information. Land Uses. Range and Wildlife Division Parks Management. Non-Technical Training. Parks. Range Management. Legal Division Reforestation and Afforestation Division Cooperative Planting. Data and Mapping. Timber Management Plans. Recreation Management. sections of units as may . Timber Management Division Forest Surveys. Utilization Division Timber Operations. Land Classification. upon recommendation of the Director. Forest Protection and Infrastructure Forest Protection. Infrastructure. Planting Stock Production. Wildlife Management. Plantation Management. Security and Intelligence Division Forest Development Training Center Technical Training. reorganize or create such other divisions. The Department Head may. Timber Inventory and Photo-Interpretation. Forest Occupancy Management. Sulviculture.

fire prevention and other factors. The Bureau shall also set aside adequate funds to enable personnel to obtain specialized education and training in local or foreign colleges or institutions. it is authorized to receive assistance from the wood industry and other sources. Manpower and Policy Development. there shall be as many forest districts as may be necessary. section or unit. There shall be created at least eleven regional offices. There shall be established in the College of Forestry. SECTION 11. 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 . from the date of such appointment or designation until he is replaced or reverted to his original position. In each region. Performance Evaluation. in coordination with the Department of Natural Resources and the wood industry. or to an existing vacant position with a higher salary. To help defray the cost of operating said Center.be deemed necessary and to appoint the personnel thereto: Provided. to be approved by the Department Head. – The Bureau shall devise a system. University of the Philippines at Los Baños. established work loads. That the boundaries of such districts shall follow. need for forest protection. in accordance with the extent of forest area. a Forestry Development Center which shall conduct basic policy researches in forestry and develop or help develop an effective machinery for forestry policy formulation and implementation. to evaluate the performance of its employees. the provisions of any law to the contrary notwithstanding: Provided. SECTION 12. The system shall measure accomplishment in quantity and quality of performance as related to the funded program of work assigned to each organizational unit. natural boundaries of watersheds under the river-basin concept of management. whenever possible. the salary corresponding to the position temporarily held by him. – The Bureau shall establish and operate an in-service training center for the purpose of upgrading and training its personnel and new employees. That an employee appointed or designated as officer-incharge of a newly created division. shall receive.

System of Land Classification. The evaluation system shall provide the information necessary for annual progress reports and determination of employee training. In the meantime. guidelines and methods of classification to be prescribed by the Department Head: Provided.laws. That the administration. guidelines and methods for the proper and accurate classification and survey of all lands of the public domain into agricultural. resettlement. Those still to be classified under the Present system shall continue to remain as part of the public forest. Existing Pasture Leases in Forest Lands. and grazing lands. . – The Department Head shall study. regulations. determine and prescribe the criteria. – Forest lands which are not reservations and which are the subject of pasture leases shall be classified as grazing lands and areas covered by pasture permits shall remain forest lands until otherwise classified under the criteria. and into such other classes as now or may hereafter be provided by law. CHAPTER II Classification and Survey SECTION 13. and be placed under the administrative jurisdiction and management of. That mangrove and other swamps not needed for shore protection and suitable for fishpond purposes shall be released to. residential. industrial or commercial. management and disposition of grazing lands shall remain under the Bureau. the administrative jurisdiction and management of which shall be transferred to the Bureau of Lands: Provided. policies. and practices relevant to such unit. civil service awards and transfer or disciplinary action. programs. He shall declare those classified and determined not to be needed for forest purposes as alienable and disposable lands. devise. mineral. the Department Head shall simplify through interbureau 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. the Bureau of Fisheries and Aquatic Resources. timber or forest. SECTION 14. rules and regulations.

as grazing land. adversely and publicly for a period of not less than thirty (30) years as of the effectivity of this Code. 2) Isolated patches of forest of at least five (5) hectares with rocky terrain. are needed for forest purposes. . to form part of the forest reserves. where the occupant is qualified for a free patent under the Public Land Act: Provided. or actually occupied openly. 4) Areas within forest concessions which are timbered or have good residual stocking to support an existing.SECTION 15. continuously. 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. be classified as alienable and disposable land. to wit: 1) Areas less than 250 hectares which are far from. – No land of the public domain eighteen per cent (18%) in slope or over shall be classified as alienable and disposable. – The following lands. or approved to be established. reject public land application. or which protect a spring for communal use. 5) Ridge tops and plateaus regardless of size found within. Topography. and may not. forest lands where headwaters emanate. That said lands. SECTION 16. nor any forest land fifty per cent (50%) in slope or over. cancel defective titles. or surrounded wholly or partly by. steps shall be taken to expropriate. even if they are below eighteen per cent (18%) in slope. therefore. unless they are already covered by existing titles or approved public land application. Areas Needed for Forest Purposes. or eject occupants thereof. shall be kept in a vegetative condition sufficient to prevent erosion and adverse effects on the lowlands and streams: Provided. That when public interest so requires. 3) Areas which have already been reforested. Further. or are not contiguous with. wood processing plant. any certified alienable and disposable land. which are not yet part of a wellestablished communities.

6) Appropriately located road-rights-or-way. national historic sites: Provided. forest reserve and forest reservation for the national park system. – All boundaries between permanent forests and alienable or disposable lands shall be clearly marked and maintained on the ground. and modify boundaries of existing ones. or the titled area expropriated. and other bodies of water. national parks. In all cases of boundary conflicts. game refuge. or any other visible and practicable signs to insure protection of the forest. bird sanctuaries. Establishment of boundaries of forest lands. lakes. for preservation as critical watersheds. and 10) Areas previously proclaimed by the President as forest reserves. along shorelines facing oceans. 9) Areas needed for other purposes. and others of public interest. such as national parks. national shrines. and strips of land at least twenty (20) meters wide facing lakes. to have said title cancelled or amended. steps shall be taken. Reservations in Forest Lands and Off-Shore Areas. reference shall be made to the Philippine Coast and Geodetic Survey Topo map. 8) Strips of mangrove or swamplands at least twenty (20) meters wide. That in case an area falling under any of the foregoing categories shall have been titled in favor of any person. with infrastructure or roads. or for any other purpose. game refuges and wildlife sanctuaries. The Department Head may reserve and establish any portion of the . 7) Twenty-meter strips of land along the edge of the normal high waterline of rivers and streams with channels of at least five (5) meters wide. if public interest so requires. or concrete monuments at intervals of not more than five hundred (500) meters in accordance with established procedures and standards. SECTION 18. forest station sites. SECTION 17. national historical sites. – The President of the Philippines may establish within any lands of the public domain.

involving one or more of its resources. grass and recreation or aesthetic value of forest lands and grazing lands shall be evaluated and weighted before allowing their utilization. land. When public interest so requires. without impairment or with the least injury to its resources. ecological and recreational values including the marine life found therein. add and operate any wood or forest products processing plant. occupation or possession of any forest lands and grazing lands. historical. and game refuges. Provided. exploitation. shall be allowed. which will produce the optimum benefits to the development and progress of the country and the public welfare. the President may amend. water. unless he had been authorized to do under a license agreement. or the conduct of any activity therein. That critical watersheds. or any activity therein. All forest reservations may be open to development or uses not inconsistent with the principal objectives of the reservation. That when the national interest so requires. exploitation. install. or establish. License Agreement. replace. shall be established as marine parks. any off-shore area needed for the preservation and protection of its educational. CHAPTER III Utilization and Management SECTION 19. wildlife. license. scientific. – The numerous beneficial uses of the timber. national parks and established experimental forests shall not be subject to commercial logging or grazing operations. possess or conduct any activity within any forest and grazing land. Only the utilization. or rescind any contract. occupy. License. occupation or possession thereof. modify. Multiple Use. – No person may utilize. soil. or any other form of privilege granted . concession. exploit. Lease or Permit. SECTION 20. lease or permit: Provided. license.public forest or forest reserve as site or experimental forest for use of the Forest Research Institute. bird sanctuaries. marine and seashore parks shall not be subject to hunting or fishing and other activities of commercial nature. permit.

any silvicultural and harvesting system that may be found suitable as a result of research may be adopted: Provided. selective logging with enrichment or supplemental planting when necessary. – All measures shall be taken to achieve an approximate balance between growth and harvest or use of forest products in forest lands. – In any logging operation in production forests within forest lands.herein: Provided. harvest or gather any timber. SECTION 23. SECTION 21. license. That upon the recommendation of the appropriate government agency. lease or privilege granted under this decree for violation of any of the condition therein such as those pertaining but not limited to reforestation. b) For pine mangrove forest. the President may. pollution. agreement. – The Bureau shall conduct a program of progressive inventories of the harvestable timber and young trees in all forest lands. license. the seed tree system with planting when necessary. further. export limitation or such condition as are prescribed by the Minister of Natural Resources in daily issued regulations. Any violation of this provision shall be sufficient ground for the immediate cancellation of the license. permit. A. whether covered by any license agreement. That subject to the approval of the Department Head. Sustained Yield. TIMBER SECTION 22. until a one hundred per cent (100%) timber inventory thereon has been achieved. . Provided. further. Silvicultural and Harvesting System. lease or permit. pulpwood. to wit: a) For dipterocarp forest. or not. the proper silvicultural and harvesting system that will promote optimum sustained yield shall be practiced. order the summary suspension of any such contract. Timber Inventory. pending the conduct of appropriate hearing. concession. upon recommendation of the Director. That no authorized person shall cut. or other products of logging unless he plants three times of the same variety for every tree cut or destroyed by such logging or removal of logs. lease or permit. environmental protection.

volume and kind of healthy residual trees which may be left undisturbed and undamaged for future harvest and forest cover indipterocarp area.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. That no additional or adjustment in annual allowable cut shall be made until after such a review has been made. firewood and other forest products unless he has been authorized under Section 20 hereof to do so and the particular annual allowable cut thereof has been granted. forest products and healthy residuals.SECTION 24. giving particular consideration to the age. lease or permit. the volume and kind of harvestable timber or. pulpwood. Cutting Cycle. existing annual allowable cut that not sufficiently supports wood or forest products processing plant or that will support duly approved processing expansion program or new processing projects may be allowed to continue without change: Provided. SECTION 26. and seed trees and reproduction in pine area. No person shall cut. In the public interest and in accordance with Section 21 hereof. pulpwood. harvest and gather any particular timber. Annual Allowable Cut. – The annual allowable cut or harvest of any particular forest land under a license agreement. lease or permit shall be determined on the basis of the size of the area. the Department Head shall review all existing annual allowable cut and thereupon shall prescribe the level of annual allowable cut for the common dipterocarp timber. or any statistically sound timber estimate. license. SECTION 25. That pending the completion of such review and appropriate amendment of the annual allowable cut in existing license agreement. . Required Inventory Prior to Timber Utilization in Forest Lands. and the established cutting cycle and rotation thereof. softwood and hardwood timber cutting of which is not prohibited. made not earlier than five (5) years prior to the issuance of a license agreement or license allowing such utilization. firewood and other forest products using as bases the factors as well as the updated aerial photographs and field inventories of such forest land: Provided. seed trees and reproduction found therein. license. further. . – The Bureau shall apply scientific cutting cycle and rotation in all forest lands.

considering the cutting cycle. renewable for a period. to protect and manage the whole area. Forest concessions which had been the subject of consolidations shall be reviewed and re-evaluated for the effective implementation of protection. Duration of License Agreement or License to Harvest Timber in Forest Lands. the past performance of the applicant and his capacity not only to utilize but. not exceeding twenty-five (25) years. 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. more importantly. the established cutting cycle thereof. The privilege shall automatically terminate. The maximum period of any privilege to harvest timber is twentyfive (25) years. B.SECTION 27. the moment the harvestable timber have been utilized without leaving any loggedover area capable of commercial utilization. and the requirements of processing plants existing or to be installed in the region. even before the expiration of the license agreement of license. WOOD-PROCESSING . SECTION 28. 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. – Forest lands shall not be held in perpetuity. the yield capacity of harvestable timber. and for the processing locally of the timber resources therefrom. and the capacity of healthy residuals for a second growth. Size of Forest Concessions. – 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. necessary to utilize all the remaining commercial quantity or harvestable timber either from the unlogged or loggedover area. reforestation and management thereof under the multiple use and sustained yield concepts.

among others. in collaboration with other government agencies and the wood industry associations and other private entities in the country. as well as the establishment of new processing plants shall be encouraged. – While the expansion and integration of existing wood or forest products processing plants. in collaboration with proper government agencies. That logs imported for such centers shall be subject to such precaution as may be imposed by the Bureau. tree farms or agro-forest farms and licensees. the grant of the privilege to establish. to prevent the introduction of pests. The President of the Philippines. No expansion or integration of existing processing plant nor establishment of new processing plant shall be allowed unless environmental considerations are taken into account and adequate raw material supply on a sustained-yield basis is assured. may establish wood industry import-export centers in selected locations: Provided. upon the recommendations of the National Economic Development Authority and the Department Head. A long-term assurance of raw material source from forest concessions and/or from industrial tree plantations. lessees or permittees without processing plants shall jointly adopt any feasible scheme or schemes. as a condition to exercise of the privileges granted them under a license agreement. Rationalization of the Wood or Forest Products Industry. Henceforth within one year from the date of this law. other . shall evolve incentives for the establishment of an integrated wood industry in designated wood industry centers and/or economic area.SECTION 29. SECTION 30. install additional capacity or operate a processing plant. – The Department Head. Incentives to the Wood Industry. insects and/or diseases detrimental to the forests. their locations and operations shall be regulated in order to rationalize the whole industry. license. tree farms or agro-forest farms whose annual allowable cut and/or whose harvest is deemed sufficient to meet the requirement of such processing plant shall govern. lease or permit. wood or forest products processors without forest concessions or areas that may be developed into industrial tree plantations.

uneconomical or perennially short in raw material wood or forest products processing plants which are not responsible to the rationalization program of the government. Wood Wastes. and those with processing plants. – Unless otherwise directed by the President. Log Production and Processing. to be integrated or to be established shall obtain operating permits. and shall submit themselves to other regulations related to their operation. lease or permit. Weed Trees and Residues. upon recommendation of the Department Head.than log supply contract. the entire production of logs by all timber licensees shall. shall be granted or renewed unless said scheme or schemes are submitted to. That no license agreement. That the following conditions must be complied with by whose who apply be allowed to export a portion of their log production to be determined by the Department Head such that the total log export of these timber licensees shall not exceed twenty-five percent (25%) of the total national allowable cut: 1) Timber licensees with existing viable processing plants or 2) Timber licensees with processing projects duly approved by the Department Head or 3) Timber licensees who have acquired viable processing machinery and equipment which will be installed and will become operational . the Department Head. The Department Head may cancel. for the approval of the Department Head: Provided. SECTION 31. including processing plant permit. for utilization and conversion into wood by-products and derivatives. All processing plants existing. – Timber licensees shall be encouraged and assisted to gather and save the wood wastes and weed trees in their concessions. 1976 be processed locally: Provided. or phaseout all inefficient. as the case may be. wasteful. beginning January 1. to be expanded. and approved by. SECTION 32. licenses and/or approval from the Bureau or the Department. suspend. license. the wood residues thereof.

Public forest lands. whenever the export price of logs falls to unreasonably low level or whenever public interest so requires. b) Brushlands or tracts of forest lands generally covered with brush. Lands to be Reforested and/or Afforested. cancel log exportation or reduce the maximum allowable proportion for log exports. upon recommendation of the Department Head. All timber licensees who have no processing plant and who have no plan to establish the same shall. national historic sites. adopt a scheme. REFORESTATION SECTION 33. government-approved trade agreement: Provided. d) Denuded or inadequately timbered areas proclaimed by the President as forest reserves and reservations as critical watersheds. bird sanctuaries. national shrines. e) Inadequately-stock forest lands within forest concessions. national parks. . – a) Bare or grass-covered tracts of forest lands. That no person shall be given a permit to export if he has not complied with the requirements on replanting and reforestation. and 4) Timber licensees whose log expert support or are in line with. further. game refuge. That the President may. – Lands to be reforested and/or afforested are as follows: 1. C.in accordance with the schedule approved by the Department Head. jointly with wood processors. c) Open tracts of forest lands interspersed with patches of forest. which need to be developed to increase their productivity. or schemes for the processing of the log production in accordance with Section 30 hereof. Provided.

953 and 1153 and other existing laws. Industrial Tree Plantations. – A lease for a period of fifty (50) years for the establishment of an industrial tree plantations. That the size of the area that may be granted under each category shall. tree farm or agro-forestry farm belong to the lessee who shall have the right to sell. contract. depend upon the capability of the lessee to develop or convert the area into productive condition within the term of the lease. The lease may be granted under such terms and conditions as the Department Head may prescribe. in accordance with existing laws. or can better be developed as industrial tree plantations. and beaches. – a) Portions of private lands required to be reforested or planted to trees pursuant to Presidential Decree Nos. are found to be more suitable for. Trees and other products raised within the industrial tree plantation. among others. tree farm or agroforestry farm.f) Portions of areas covered by pasture leases or permits needing immediate reforestation. Tree Farms and Agroforestry Farms. easements. rules and regulations. swamps. may be granted by the Department Head. SECTION 34. former river beds. over timber or forest lands of the public domain categorized in Section 33 (1) hereof except those under paragraphs (d) and (g) with a minimum area of one hundred (100) hectares for industrial tree plantations and agro-forestry farms and ten (10) hectares for tree farms: Provided. deltas. Private Lands. which. road right-of-ways. or portion thereof. upon field evaluation. in each case. convey. upon recommendation of the Director. taking into account. tree farms or . g) River banks. the raw material needs of forest based and other industries and the maintenance of a wholesome ecological balance. to any person qualified to develop and exploit natural resources. or dispose of said planted trees and other products in any manner he sees fit. 2. Reforestation projects of the Government.

the annual rental shall be fifty centavos (P0. SECTION 36. the annual rental shall be one peso (1. . municipalities or cities and provinces. be availed of within a reasonable period otherwise the area shall be declared open to any qualified person and consequently segregated from the licensee’s or permittee’s area. as certified by the Director and approved by the Department Head. and thereafter.00) per hectare: Provided. shall be exempted from the payment of rental for the full term of the lease which shall not exceed twenty-five (25) years. no rental shall be collected from a lessee who. from the sixth year to the tenth year. and thereafter.00) per hectare: Provided. That lessees of areas long denuded. or agro-forestry farm. further. may be the subject of a lease under this section. – Over any suitable area covered by a timber license agreement or permit. the annual rental shall be fifty centavos (P0. for the first five (5) years following the renewal of the lease. the priority to establish industrial tree plantation. – To encourage qualified persons to engage in industrial tree plantation and/or tree farming. Incentives. Priority. upon verification by the Bureau. as the case may be. SECTION 35. tree farms or agro-forestry farm shall be given to the holder thereof after the Bureau had determined the suitability of such and has set aside the same for the purpose.50) per hectare.agro-forestry farms. Priority shall also be given to the establishment of communal industries tree plantations by barangays. upon recommendation of the Director. The priority herein granted must.50) per hectare. That notwithstanding the foregoing. the following incentives are granted: a) Payment of a nominal filing fee of fifty centavos (P0.50) per hectare. as prescribed in the Ministry Head. the annual rental shall be one pesos (1. b) No rental shall be collected during the first five (5) years from the date of the lease. the tree farm. in terms of benefits to the Government and the general surrounding area. substantially meets the schedule of development of the industrial tree plantation. however.

or agro-forestry farm. g) Amounts expended by a lessee in the development and operation of an industrial tree plantation. or arising out of. bartered or exchanged by the lessee. e) A lessee shall not be subject to any obligation prescribed in. d) 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 agro-forestry farm shall only be twenty-five percent (25%) of the regular forest charges prescribed in the National Internal Revenue Code. local and municipal taxes. h) The Board of Investments shall. once establish on the ground. and from the real property tax under the provisions of Presidential Decree No. or agro-forestry farm lease. shall not be altered or modified. notwithstanding its nationality requirement on projects involving natural resources. at the option of the lessee. as well as exemption from all forms of sales tax. tree farms and agro-forestry farms as pioneer areas of investment under its annual priority plan. to be governed by the rules and regulations of said Board. private landowners who engage in tree farming on areas fifty hectares or below by planting their lands with Ipil-Ipil and other fast-growing trees shall be exempt from the inventory requirement and other requirements before harvest as provided in this Decree for lessees of forest lands . classify industrial tree plantations. f) Except when public interest demands. or agro-forestry farm prior to the time when the production state is reached. tree farms. 853. tree farm.c) The forest charges payable by a lessee on the timber and other forest products grown and cut or gathered in an industrial tree plantation. whether in their original state or not. the provisions of the National Internal Revenue Code on withholding of tax at source upon interest paid on borrowing incurred for development and operation of the industrial tree plantation. the boundaries of an area covered by an industrial tree plantation. tree farm. may. tree farm. In addition to the incentives under this section. be regarded as ordinary and necessary business or as capital expenditures.

or local processing plants manufacturing the same. 1153. expanded or integrated. tree farms. tree and agro-forestry farms may be exported without restriction in quantity of volume. l) No wood. m) No proceeding plant of whatever nature or type. paper and paperboard shall be imported if the same are available in required quantities and reasonable prices. n) Timber grown and harvested from industrial tree plantations. made of. as may be certified by the Department Head. That the transport of trees cut shall be accompanied by the corresponding certificate of origin duly issued by the authorized forest officer. or utilize. from artificial or man-made forests. j) The lessee and its field employees and workers shall be exempted from the provisions of Presidential Decree No. wood products or wood-derived products including pulp. That the rentals on the forest land and the forest charges on the plantation timber shall have been paid: Provided. and if the exported is the same person or firm qualified and allowed to export logs under the provisions of this Decree.of the public domain: Provided. tree farms or agro-forestry farms in accordance with Section 30 hereof. further. wood as primary materials shall be allowed to be established. whenever possible. or utilizing. such timber from plantations/farms may be exported exclusive of the quantity or volume authorized under Section 32 hereof: Provided. k) Government institutions administering or financing programs and projects requiring wood materials shall specify the purchase of. That. i) Approved industrial tree plantations. the export of the plantation timber shall be covered by a certificate to export issued by the Department Head on a yearly . and agroforestry farms shall be given priority in securing credit assistance from the government and government-supported financing institutions which shall set aside adequate funds for lending to the lessee and/or investor at reasonable interest rates. and operated without a longterm assurance or raw materials source from forest concessions and/or from industrial tree plantations. manufactured products derived from trees grown and harvested from industrial tree plantations. tree farms or agroforestry farms.

unlawful occupation. theft. but with the corresponding obligation to adopt all the protection and conservation measures to ensure the continuity of the productive condition of said areas.basis: Provided. 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. hardwood or mangrove species therein. and o) Free technical advice from government foresters and farm technicians. impairment and depletion. and control over the same. – In order to achieve the effective protection of the forest lands and the resources thereof from illegal entry. except the government. conformably with multiple use and sustained yield management. but he shall. SECTION 38. possession. to the exclusive of all others. insect infestation. kaingin. Protection of all Resources. but not limited to. and other forms of forest destruction. Control of Concession Area. . or areas with rough topography and remote areas far from processing plants. fire. If the holder of a license agreement over a forest area expressly or impliedly waives the privilege to utilize any softwood. The Department Head may provide other incentives in addition to those hereinabove granted to promote industrial tree plantations. and the additional right of occupation. That the Department Head may at any time review the exportation of timber harvested from the plantations/farms and either reduced or totally suspend the export of such plantation timber whenever public interest so requires. – All measures shall be taken to protect the forest resources from destruction. adopt protection and conservation measures consistent with those adopted by the license agreement holder in the said areas. tree farms and agro-forestry farms in special areas such as. likewise. finally. SECTION 37. those where there are no roads or where roads are inadequate. 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.

shall be regulated in order to prevent them from being used as shelters for excessive and unauthorized harvests in forest lands. SECTION 43. civil reservations. and all lands containing standing or felled timber. shall be allowed unless a one hundred per cent (100%) timber inventory has been conducted thereon. – 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 agency exercising jurisdiction over the same. license. and shall not therefore be allowed except through a license agreement. Swamplands and Mangrove Forests. SECTION 42. Regulation of Timber Utilization in all Other Classes of Lands and of Wood-Processing Plants. and all lands containing standing or felled timber must be subscribed and sworn to by all the forest officers who conducted the same. civil reservations. – Strips of mangrove forest bordering numerous islands which protect the shoreline. – All reports on timber inventories of forest lands. Participation in the Development of Alienable and Disposable Lands and Civil Reservations. the shoreline roads. private lands. private lands. lease or permit. . – 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. and all other lands.SECTION 39. Such strips must be kept free from artificial obstruction so that flood water will flow unimpeded to the sea to avoid flooding or inundation of cultivated areas in the upstream. No harvest of standing or felled timber in alienable and disposable lands. SECTION 40. – The utilization of timber in alienable and disposable lands. Sworn Timber Inventory Reports. Timber Inventory in Other Lands Containing Standing or Felled Timber. and the establishment and operation of saw-mills and other woodprocessing plants. The extent of participation shall be based on the amount of timber which may be harvested therefrom. civil reservations. including those under the jurisdiction of other government agencies. and even coastal communities from the destructive force of the sea during high winds and typhoons. SECTION 41. including those under the jurisdiction of other government agencies. shall be maintained and shall not be alienated. private lands. alienable and disposable lands.

rules and regulations. or other government officials or employees duly authorized by the Department Head or Director. Visitorial Power. lease. – The Department Head may. SECTION 45. utilization. secured. No location. exploration. animal life and other surface resources. or which have been abandoned for five (5) years from the date of such release shall revert to the category of forest land. investigate. Mangrove and other swamps released to the Bureau of Fisheries and Aquatic Resources for fishpond purposes which are not utilized. and to take testimony in official investigations conducted under the authority of this Code and the implementing rules and regulations. – Mining operations in forest lands shall be regulated and conducted with due regard to protection. shall be filtered in silt traps or other filtration devices and only clean exhausts and liquids shall be released therefrom. SECTION 46. to determine compliance with the terms and conditions thereof.All mangrove swamps set aside for coast-protection purposes shall not be subject to clear-cutting operation. – When in the performance of their official duties. 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. SECTION 47. shall have free entry into areas covered by a license agreement. or permit. water. fish. books and other documents relating to the operation of any holder of a license agreement. inspect and examine records. prospecting. prospecting. Mine tailings and other pollutants affecting the health and safety of the people. this Code and pertinent laws. utilization or exploitation of mineral resources in forest reservations shall be governed by Mining laws. SECTION 44. forest officers. Location. development and utilization of other surface resources. license. 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. by himself or thru the Director or any qualified person duly designated by the Department Head. vegetation. policies. Forest officers are authorized to administer oath and take acknowledgment in official matters connected with the functions of their office. – In collaboration with appropriate government agencies. lease or permit. Authority of Forest Officers. rules and regulations. Scaling Stations. exploration. . and its subsidiary or affiliated companies. Mining Operations. license.

They shall likewise extend assistance in the planning and establishment of roads. piers. the Bureau shall prescribe the terms and conditions of joint use including the equitable sharing of construction and/or maintenance . port facilities. and other infrastructure in locations designated as wood-processing centers or for the convenience of wood-based industries. holders of license agreements. standards. civil reservations and other government lands. or in alienable and disposable lands. or watershed disturbance therein. and specifications. Prior thereto the Bureau may authorize the public use thereof. if it will not be detrimental to forest conservation measures. licenses. licenses. All roads and infrastructure constructed by holders of license agreements. SECTION 49. Mineral Reservations. in order to adopt measures to avoid or reduce damage or injury to the forest resource values. Mineral reservations where mining operations have been terminated due to the exhaustion of its minerals shall revert to the category of forest land. wharves. leases and permits shall not undertake road or infrastructure construction or installation in forest lands without the prior approval of the Director. – Roads and other infrastructure in forest lands shall be constructed with the least impairment to the resource values thereof. Government agencies undertaking the construction of roads. communications. without the approval of the government agencies having administrative jurisdiction over the same. – Mineral reservations which are not the subject of mining operations or where mining operations have been suspended for more than five (5) years shall be placed under forest management by the Bureau. programs.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. In order to coincide and conform to government plans. especially if it will involve the utilization or destruction of timber and/or other forest resources. bridges. shall coordinate with the Bureau. unless otherwise reserved for other purposes. Roads and Other Infrastructure. SECTION 48. Where roads are utilized by more than one commercial forest user. 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. and other infrastructure and installations inside forest lands.

Criminal Prosecution. Such roads shall be strategically located and their widths regulated so as to minimize clear-cutting. Their construction must not only serve the transportation need of the logger but. squatters. the activities to be imposed upon them . That they do not increase their clearings: Provided. occupation shall be conditioned upon the planting of desirable trees thereon and/or adoption of other conservation measures. shall not be prosecuted: Provided. Cultural Minorities and other Occupants and Residents in Forest Lands. and of the use of these roads by other parties and the collection of such fees as may be deemed necessary. SECTION 50. shall be conducted. and erosion. SECTION 52. or impairment of forest resources. SECTION 51. – Henceforth. an agro-forestry development program. showing the extent of their respective occupation and resulting damage.costs. determine and define which lands may be the subject of occupancy and prescribed therein. erosion. cultural minorities and other occupants who entered into forest lands and grazing lands before May 19. license. 1975. reduction in water yield and impairment of other resources to the detriment of community and public interest shall not be allowed. In areas above 50% in slope. – Forest occupancy shall henceforth be managed. the requirement to save as many healthy residuals as possible during cutting and hauling operations. cultural minorities and other occupants and residents in forest lands with or without authority or permits from the government. most importantly. Any occupancy in forest land which will result in sedimentation. A complete census of kaingineros. Logging Roads. further. The Bureau may call upon other agencies of the government and holders of license agreement. Management of Occupancy in Forest Lands. Squatters. lease and permits over forest lands to participate in the census. The Bureau shall study. squatters. That they undertake. within two (2) months from notice thereof. no person shall enter into forest lands and cultivate the same without lease or permit. unnecessary damage or injury to healthy residuals. – Kaingineros. – There shall be indiscriminate construction of logging roads. Occupants shall undertake measures to prevent and protect forest resources. without permit or authority. Census of Kaingineros. SECTION 53.

finally. squatters. Recreation. – No forest land 50% in slope or over may be utilized for pasture purposes. water and other forest resources. – All measures shall be adopted to conserve wildlife. Wildlife. The Director shall regulate the hunting of wildlife in forest lands in order to maintain an ecological balance of flora and fauna. in addition to whatever funds may be appropriated for such purposes. E. be ejected and relocated to the nearest accessible government resettlement area. If grass cover is insufficient. identify and provide for the protection of scenic areas in all forest lands which are potentially valuable for recreation and tourism. The size of forest lands that may be allowed for pasture and other special uses shall be determined by rules and regulations. – The Bureau shall. Forest lands which are being utilized for pasture shall be maintained with sufficient grass cover to protect soil. . the same shall be supplemented with trees or such vegetative cover as may be deemed necessary. 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. SPECIAL USES SECTION 54. SECTION 56.by the Bureau in accordance with management plan calculated to conserve and protect forest resources in the area: Provided. SECTION 55. any provision of law to the contrary notwithstanding. cultural minorities and other occupants shall whenever the best land use of the area so demands as determined by the Director. That kaingineros. in the preparation of multiple-use management plans. Pasture in Forest Lands. and plan for the development and protection of such areas to attract visitors thereto and meet increasing demands therefor.

SECTION 61. All other factors being equal. increased Filipino equity and participation beyond the 60% constitutional limitation shall be encouraged. The licensee. bathing establishments. rule or regulation and has been faithfully complying with the terms and conditions of the license agreement. lease or permit only if the license. Transfers. for the establishment of sawmills. Other Special Uses of Forest Lands. or to conduct any activity therein. or held under permit. – No license agreement. Financial and Technical Capability.SECTION 57. timber depots. lumber yards. exploit. salt works. – Forest lands may be leased for a period not exceeding twenty-five (25) years. lessee or permittee has not violated any forestry law. F. QUALIFICATIONS SECTION 58. license. camps. license. or to establish and operate wood-processing plants. the licensee. lessee or permittee shall be allowed to transfer or convey his license agreement. renewable upon the expiration thereof for a similar period. – Unless authorized by the Department Head. or permittee may transfer. the applicant with more Filipino equity and participation shall be preferred. no licensee. logging camps. – In the evaluation of applications of corporations. SECTION 60. conservation and development measures to insure the perpetuation of said forest in productive condition. Diffusion of Benefits. shall be diffused to as many qualified and deserving applicants as possible. Citizenship. 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. lessee. exchange. lease or permit. or for the construction of sanatoria. sell or convey his license agreement. SECTION 59. occupy. rights-of-way. license. but also to practice forest protection. or any of his rights or interests therein. license. – The privilege to utilize. or possess forest lands. or other beneficial purposes which do not in any way impair the forest resources therein. or any of his assets used in connection therewith. . lease or permit has been in existence for at least three (3) years.

The plan shall be so implemented that the sale of the shares of stocks shall be effected by the corporation not later than the sixth year of its operation. tree farms and agro-forestry farms. technical. exploitation or utilization of the forest resources. the term “assets” shall not include cattle and other livestocks or animals raised in grazing lands and forest lands. shall within one (1) year after the effectivity of this amendatory Decree. unless it submits such a plan and the same is approved for implementation within the sixth year of its operation. No corporation shall be issued any license agreement. or the first year of effectivity of the amendatory Decree. license. leases or permits. license. there is no evidence that such transfer or conveyance is being made for purposes of speculation. and planted trees and other products raised in industrial tree plantations. license. lessees. – Every corporation holding a license agreement. and the transferee shall assume all the obligations of the transferor. lease or permit after the effectivity of this amendatory Decree. Equity Sharing. Existing valid and binding service contracts for financial. lease or permit to utilize.lease or permit: the transferee has all the qualifications and none of the disqualifications to hold a license agreement. or establish and operate a wood-processing plant. management or other forms of assistance are hereby recognized as such. SECTION 63. allow forest products licensees. in consideration of a fee. occupy or possess any forest land. or other forms of assistance. may in the national interest. licenses. laborers and the general public. As used in this section. development. – The Department Head. or conduct any activity therein. covered by their license agreements. or permittees to enter into service contracts for financial. . technical. SECTION 62. if the corporation has been in operation for more than five (5) years prior to such effectivity. lease or permit. Service Contracts. formulate and submit to the Department Head for approval a plan for the sale of at least ten percent (10%) of its subscribed capital stock in favor of employees. exploit. with any foreign person or entity for the exploration. management.

and development. SECTION 65. such as the submission of all data and information relative to their operation. leases and permits. 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. exploitation. shall fix the amount of charges. REGULATORY FEES SECTION 64. That all fees and charges presently being collected under existing laws and regulations shall continue to be imposed and collected until otherwise provided. personnel management and asset evaluation. Fees and Bonds. the issuance and renewal of license agreements. upon recommendation of the Director and in consultation with representatives of the industries affected. rules and regulations. the filing and processing of applications therefor. 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 . upon recommendation of the Director. – The collection of the charges and fees above-mentioned shall be the responsibility of the Director or his authorized representative. Charges.The Department Head shall promulgate the necessary rules and regulations to carry out the provisions of this section. rentals. and the preparation of a fund to ensure the financial capability of the deserving employees and laborers. Collection and Disbursement. management. – The Department Head. and for other services. establishment of priorities in the purchase of the shares of stock. The industries concerned shall extend all assistance in the promulgation of policies on the matter. SECTION 66. the proceeds of which shall accrue into a special deposit of the Bureau as its revolving fund for the aforementioned purposes. – In addition to the fees and charges imposed under existing laws. That timber taken and removed from private lands for commercial purposes shall be exempt from the payment of forest charges. licenses. reforestation. particularly on the determination of the manner of payment. to impose other fees for forest protection. or activity inside forest lands. G. Provided. occupation. Provided. Authority of Department Head to Impose Other Fees. the Department Head is hereby authorized. Provided. bonds and fees for the different kinds of utilization. factors affecting the selling price. possession. Further.

Measuring of Forest Products and Invoicing and Collection of Charges Thereon. before being sawn or manufactured. the present scaling method provided for in the National Internal Revenue Code shall be used. alienable or disposable lands. – The duties incident to the measuring of forest products shall be discharged by the Forest Management Bureau under regulations of the Department of Environment and Natural Resources. as a special deposit of the Bureau. – except as hereinbelow provided. and the civil reservations. Mode of Measuring Timber. 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 may. That until such time as the mechanics of tree measurement shall have been developed and promulgated in rules and regulations. Provided. SECTION 69. The volume of all round timber shall e ascertained by multiplying the area of the . In the case of the special deposit revolving fund. with the approval of the Department Head. SECTION 67. H. The invoicing and collection of the charges thereon shall be done by the Forest Management Bureau under regulations approved by the Secretary of Environment and Natural Resources. – Tree measurement shall be the basis for assessing government charges and other fees on timber cut and removed from forest lands. UTILIZATION AND MANAGEMENT SECTION 68. all timber shall be measured and manifested in the round or squared. Basis of Assessment.revolving fund for such purposes and be deposited in the Philippine National Bank. 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. Provided. prescribe a new method of assessment of forest products and collection of charges thereon based upon the result of production cost and market studies undertaken by the Bureau. That such charges shall not be lower than those now imposed.

and in order to ascertain the volume of a log more than eight meters long. or the average of the diameters at both ends thereof shall be used as basis. The privilege of manifesting timber after squaring shall however. cavities. twenty-five percent (25%) of the actual FOB market price based on species and grading: Provided. If a log in the round cut under license. SECTION 71. second. but from any decision of the Director of the Forest Management Bureau in this respect. is measured and manifested by forest officers. If sawn or otherwise manufactured timber is found which has not been manifested in accordance with the provisions hereof. be granted only to licensees who have squared their logs in the forests with the ax and intend to take it to the market in this form. – Except for all mangrove species whose cutting shall be banned. The volume of squared timber shall be ascertained by multiplying the average of the cross section measured by the length. the Director of the Forest Management Bureau in this respect. – There shall be collected charges on each cubic meter of timber cut in forestland. whose decision shall be final. SECTION 70. branches and other . Charges on Timber Cut in Forestland. The manifest of timber cut by licensees operating sawmills in or near the forest shall be attested by forest officers whenever practicable. but if the end of a log is irregular the average diameter shall be used. there shall be collected forest charges on each cubic meter of firewood cut in forestland. the diameter of the middle of said log.small end by the length of the log. in the case of pulpwood and matchwood cut in forestland. the diameter of the log to be measured exclusive of the bark. Charges on Firewood. or other natural defects. the Director of the Forest Management Bureau shall make due allowance for rot. that if squared timber cut under license is measured and manifested by forest officers. Branches and Other Recoverable Wood Wastes of Timber. forest charges on each cubic meter shall be ten percent (10%) of the actual FOB market price. whether belonging to the first. That. whose decision shall be final. the corresponding forest charges shall be assessed on twice the volume of the actual contents of such sawn or manufactured timber. to which forty per centum shall be added for loss in squaring: Provided. however. an appeal shall lie to his Department head. however. an appeal shall lie to his Ministry Head. third or fourth group.

taxes. Ten pesos (P10. Charges on Minor Forest Products. the National Economic and Development Authority. government share. The actual FOB market price of forest products shall be justly determined once a year by the Secretary of Environment and Natural Resources: Provided. reforestation. except rattan. when used as raw materials for the manufacture of finished products. first and second group woods may be removed for firewood purposes from land which is more valuable for agricultural than for forest purposes. such as timber ends. species and grade of timber. almaciga resin and bamboo which shall be charged at ten percent (10%) of the actual FOB market price. – All other forest products of forestland which are not covered by the preceding sections shall be exempt from any of all forest charges. However. the Department of Trade and Industry. taking into consideration production cost (developing cost. risk involved and a reasonable margin of profit for domestic and export market prices for wood and wood products. Effectivity and Application of Forest Charges and Determination of Market Price of Forest Products. contingencies and miscellaneous cost). if jointly authorized by the Secretaries of both the Departments of Environment and Natural Resources.00). – The rates of forest charges provided for in Sections 70. . guta-percha. tops and stumps. tariff duties. gums and resins. 71 and 72 hereof shall be effective upon approval of this Act. beeswax. and Agriculture. the Bureau of Internal Revenue and the wood and furniture industry and consumers sectors which shall formulate the criteria and/or guidelines in the determination of the actual FOB market price to be used as the basis for the assessment of the ad valorem tax. That he shall cause the creation of a committee to be composed of representatives of the Department of Environment and Natural Resources. SECTION 72. The new rates shall be published in the Official Gazette or in two (2) newspapers of national circulation and shall also be posted in conspicuous places in the different Department of Environment and Natural Resources field offices. SECTION 73.recoverable wood wastes of timber. Only third or fourth group wood can be taken for firewood.

if the owner or . or duly authorized treasurer of the municipality of the place where the timber concession is located or where the forest products were gathered and removed. Manner and Place of Payment of Forest Charges. Tax Exemptions of Forest Products Lawfully Removed under Gratuitous License. the person liable to the said tax shall file. except as hereinbelow provided. in duplicate. SECTION 74. Time. – The charges on forest products herein imposed shall be payable at the time of the removal from or utilization of the same within the concession area. With the approval of the Director.These forest charges shall be applied to naturally growing timber and forest products gathered within public forestlands. – No charges shall be collected on forest products removed in conformity with the terms of a gratuitous license of the Forest Management Bureau and in compliance with the law and the regulations of such Bureau. He may also authorize the shipment of forest products under auxiliary invoices without the prepayment of charges in special cases where the prepayment of the charges at the point of origin would result in undue hardship. Forest charges collected shall be in lieu of the administrative charge on environment and other fees and charges imposed thereon: Provided. That planted trees and other forest products harvested from industrial tree plantations and private lands covered by existing tiller or by approved land application are exempted from payment of forest charges. volume and the specie of the forest product to be removed and pay the forest charges due thereon to the revenue district officer. collection agent. SECTION 76. Before removing any forest product subject to forest charges. Tax Exemption of Trees and Products Removed from Public Lands Under a Tree Farm Lease. alienable and disposable lands and private lands. a return setting forth the quantity. lumber may be removed from a sawmill situated on a licensed citing area upon the giving of a bond conditioned upon the monthly payment of the charges due on the output of such mill. – No charges shall be collected on trees and products removed from public lands planted to ipil-ipil and/or falcata under a tree farm lease with the Government. SECTION 75.

Cutting. Where a false or fraudulent return is made. volume and the specie of the forest product removed during each calendar quarter. collect. – Any person who shall cut. gather. or the balance.concessionaire shall first file a bond with the Forest Management Bureau in the form and amount and with such sureties as the Director may require. or duly authorized treasurer of the municipality of the place where the timber concession is located or where the forest products were gathered and removed. It shall be the duty of every licensee to make a true and complete return in duplicate setting forth the quantity. However. Gathering and/or collecting Timber. CHAPTER IV Criminal Offenses and Penalties SECTION 77. if any forest products are removed. without any authority. or timber from alienable or disposable public land. and the entire unpaid amount shall be subject to interest at the rate of twenty per centum per annum. conditioned upon the payment of the forest charges at the point of destination or at such time and place as the Director may direct. or Other Forest Products Without License. collection agent. shall be punished with the penalties imposed under Articles 309 and 310 of the Revised Penal . there shall be added to the taxes a surcharge of fifty per centum of their amount. removed timber or other forest products from any forest land. and pay the taxes due thereon within twenty days after the end of each quarter to the revenue district officer. In case the taxes are not paid within the period prescribed above. as the case may be. if any. The amounts so added shall be collected in the same manner and as part of the taxes. or from private land. the increment to be a part of the tax and the entire unpaid amount shall be subject to interest at the rate of twenty per centum per annum. there shall be added thereto a surcharge of twenty-five per centum. or possess timber or other forest products without the legal documents as required under existing forest laws and regulations. in cases where payment are made upon removal. the Director of the Forest Management Bureau or his duly authorized representatives shall first be notified of such removal on a form prescribed for the purpose to be filed with the revenue district officer of the place where the concession is located or where the forest products were gathered and removed.

the Department Head or his duly authorized representative. regulations or policies on the matter. gathered. or corporations. pursuant to the provisions of Section 53 hereof shall. – Any person who shall provide any information leading to the apprehension and conviction of any offender for any violation of this Code or other forest laws. any forest land or grazing land without authority under a license agreement. That in the case of partnerships. they shall. aids or abets any other person to do so. the officers who ordered the cutting. license or permit. removed. SECTION 78. removed. gathering. or refuses to vacate the area when ordered to do so.00). nor more than twenty thousand pesos . rules and regulations. gathered. water or air in the commission of the offense and to dispose of the same in accordance with pertinent laws. Rewards to Informants. in addition to the penalty. may order the confiscation of any forest products illegally cut. or causes any damage to the timber stand and other products and forest growth found therein. be deported without further proceedings on the part of the Commission on Immigration and Deportation. collected. implements and tools illegally used in the area where the timber or forest products are found. associations. be fined in an amount of not less than five hundred pesos (P500. rules and regulations. and if such officers are aliens. upon conviction. Unlawful Occupation or Destruction of Forest Lands and Grazing Lands. lease. or possessed as well as the machinery. or makes kaingin for his own private use or for others. or who assists. or sets a fire. or negligently permits a fire to be set in any forest land or grazing land. or possessed or abandoned. or in any manner destroys such forest land or grazing land or part thereof. – In all cases of violations of this Code or other forest laws. collection or possession shall be liable. The court shall further order the confiscation in favor of the government of the timber or any forest products cut. or confiscation of forest products shall be given a reward in the amount of twenty per centum (20%) of the proceeds of the confiscated forest products. equipment. – Any person who enters and occupies or possesses. SECTION 77-B. and all conveyances used either by land.Code: Provided. SECTION 77-A. Administrative Authority of the Department Head or His Duly Authorized Representative to Order Confiscation.

who shall. without authority under a lease or permit.000.(P20. domestic animals and equipment of any kind used in the commission of the offense. partnership or association. Pasturing Livestock. shall be imposed upon any person. the officers and directors thereof shall be liable. If not suitable for use by the Bureau. said vehicles. In all cases the Court shall further order the eviction of the offender from the land and the forfeiture to the government of all improvements made and all vehicles. SECTION 79. That in case the offender is a corporation. lease.00) and imprisoned for not less than six (6) months nor more than two (2) years for each such offense. in addition to the confiscation of such livestock and all improvement introduced in the area in favor of the government. . That in the case of an offender found guilty of making kaingin. Provided. license or permit: Provided. without prejudice to the payment of the full cost of production of the occupied area as determined by the Bureau: Provided. in addition to the above penalties be deemed automatically dismissed from office and permanently disqualified form holding any elective or appointive position. That the maximum of the penalty prescribed herein shall be imposed upon the offender who repeats the same offense and who commits the same offense and double the maximum of the penalty upon the offender who commits the same offense for the third time. and be liable to the payment to ten (10) times the rental fees and other charges which would have accrued has the occupational and use of the land been authorized under a license agreement. – 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. he shall. the penalty shall be imprisonment for not less than two (2) nor more than four (4) years and a fine equal to eight (8) times the regular forest charges due on the forest products destroyed. In case the offender is a government official or employee. equipment and improvements shall be sold at public auction. the proceeds of which shall accrue to the Development Fund of the Bureau. domestic animals. further. graze or cause to graze livestock in forest lands. grazing lands and alienable and disposable lands which have not as yet been disposed of in accordance with the Public Land Act.

capture or kill any kind of bird. In the event that an official or employee of a city or municipal government is primarily responsible for detecting and convicting the violator of the provisions of this section. Provided. That the Court shall order eviction of the offender from the land and the forfeiture in favor of the government of all timber or any species or vegetation and other natural resources collected or removed. or shall mutilate. shall be imposed upon any person who shall. destroy. fifty per centum (50%) of the fine collected shall accrue to such municipality or city for the development of local parks. Survey by Unauthorized Person. – Any person violating the provisions of Section 55 of this Code. fish or wild animal life within the area in the national parks system shall be subject to the same penalty.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.00) pesos exclusive of the value of the thing damaged. finally. SECTION 82. further. without permit to survey from the Director. the offender shall also be required to restore or compensate or the restoration of the damage: Provided. shall be fined not less than five hundred (P500. whether covered by a license . and any construction or improvement made thereon by the offender. That any person who. without permit. in addition to the confiscation of the implements used in the violation of this section including the cancellation of the license. Any person who. Destruction of Wildlife Resources. in any manner cut. Provided. shall be fined not less than one hundred (P100. shall. deface or destroy objects of natural beauty or of scenic value within areas in the national parks system.000.SECTION 80. or the regulations promulgated thereunder. damage or remove timber or any species of vegetation or forest cover and other natural resources found therein.00) pesos or more than twenty thousand (P20. occupy for any length of time any portion of the national parks system or shall. That if the area requires rehabilitation or restoration as determined by the Director. enter any forest lands. SECTION 81. Illegal Occupation of National Parks System and Recreation Areas and Vandalism – Therein. – Imprisonment for not less than two (2) nor more than four (4) years. If the offender is an association or corporation. the president or manager shall be directly responsible and liable for the act of his employees or laborers. if any. without proper permit shall hurt.

00). any person who coerces. SECTION 86. – 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. license. – 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.000.agreement. unless the property is titled or has been occupied and possessed by members of the national cultural minorities prior to July 4. influences. influences. classification or release of forest lands shall be null and void.00) pesos for every hectare or a fraction thereof so improperly surveyed.00) pesos. be dismissed from the service with prejudice to re-employment. 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.000. Misclassification and Survey by Government Official or Employee. – Any public officer or employee who knowingly surveys.00) and imprisonment of not less than one (1) year. classified or released. or recommends the release of forest lands as alienable and disposable lands contrary to the criteria and standards established in this Code. The survey. suffer an imprisonment of not less than one (1) year and a fine of not less than one thousand. and upon conviction by a court of competent jurisdiction. or the rules and regulations promulgated hereunder.000. (P1. nor more than ten thousand . shall. Coercion and Influence. SECTION 85. Tax Declaration on Real Property. or permit. 1955. lease. abets or persuades the public officer or employee referred to in Sections 74 and 75 commit any of the acts mentioned therein shall suffer imprisonment of not less than one (1) year and pay a fine of five hundred (P500. – Any person who coerces. In all other cases. abets or persuades the public officer or employee by using power and influence in deciding any pending case or matter in his favor shall be punished by a fine of not more than five thousand pesos (P5. or not. Unlawful Possession of Implements and Devices Used by Forest Officers. SECTION 83. classifies. SECTION 84. and conduct or undertake a survey for whatever purpose. after an appropriate administrative proceeding.

If the offender is a corporation. or any marker. from trees.(P10. partnership or association. Payment. stumps. lease. or any duplicate. if the offender is a holder thereof. counterfeit. be dismissed from the service with prejudice to reinstatement and with disqualification from holding any elective or appointive office. or imitation thereof. or who delays.00) and/or imprisonment for a period of not exceeding six (6) years in the discretion of the Court. forest reserve. hatchet or other marking implement. – Any person who fails to pay the amount due and payable under the provisions of this Code. poster. causes or effects the transfer or diversion of the funds for purposes other than those specified in this Code. license or permit. or who orders. or remove government marks or signs. shall be liable to the payment of a surcharge of twenty-five per centum (25%) of the amount due and payable. he shall. be punished by a fine of not exceeding one hundred thousand pesos (P100. partnership or association. or other devices officially used by officers of the Bureau for the marking or identification of timber or other products. the officers and directors thereof shall be liable. manufacture.000. logs. sign. make. for each such offense shall. classified timber land.000. Provided. in addition. and the automatic cancellation of the license agreement. obstructs or prevents the same. . upon conviction. If the offender is a government official or employee. or alter. 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. municipal or city forest or pasture. or make or apply a government mark on timber or any other forest products by means of any authentic or counterfeit device. and areas under the national park system or to make any false mark or imitation of any mark or sign herein indicated. the National Internal Revenue Code. without authority from the Director or his authorized representative. That if the offender is a corporation. shall be imposed upon any person who shall. SECTION 87. deface.00) pesos in addition to the confiscation of such implements and devices. remove or disfigure any such mark. poster or warning notices set by the Bureau to designate the boundaries of cutting areas. or has in his possession any government marking. firewoods or other forest products. the officers and directors thereof shall be liable. or the rules and regulations promulgated thereunder. Collection and Remittance of Forest Charges. deface. or destroy.

SECTION 88. Sale of Wood Products. – No person shall sell or offer
for sale any log, lumber, plywood or other manufactured wood
products in the international or domestic market unless he complies
with grading rules and established or to be established by the
Government.
Failure to adhere to the established grading rules and standards, or
any act of falsification of the volume of logs, lumber, or other forest
products shall be a sufficient cause for the suspension of the export,
sawmill, or other license or permit authorizing the manufacture or
sale of such products for a period of not less than two (2) years.
A duly accredited representative of the Bureau shall certify to the
compliance by the licensees with grading rules.
Every dealer in lumber and other building material covered by this
Code shall issue an invoice for each sale of such material and such
invoice shall state that the kind, standard and size of material sold
to each purchaser in exactly the same as described in the invoice.
Any violation of this Section shall be sufficient ground for the
suspension of the dealer’s license for a period of not less than two
(2) years and, in addition thereto, the dealer shall be punished for
each such offense by a fine of not less than two hundred pesos
(P200.00) or the total value of the invoice, whichever is greater.
SECTION 89. Arrest: Institution of Criminal Actions. – A forest officer
or employee of the Bureau or any personnel of the Philippine
Constabulary/Integrated National Police shall arrest even without
warrant any person who has committed or is committing in his
presence any of the offenses defined in this Chapter. He shall also
seize and confiscate, in favor of the Government, the tools and
equipment used in committing the offense, and the forest products
cut, gathered or taken by the offender in the process of committing
the offense. The arresting forest officer or employee shall thereafter
deliver within six (6) hours from the time of arrest and seizure, the
offender and the confiscated forest products, tools and equipment
and file the proper complaint with, the appropriate official
designated by law to conduct preliminary investigation and file
information in Court.

If the arrest and seizure are made in the forest, far from the
authorities designated by law to conduct preliminary investigations,
the delivery to, and filing of the complaint with, the latter shall be
done within a reasonable time sufficient for ordinary travel from the
place of arrest to the place of delivery. The seized products,
materials and equipment shall be immediately disposed of in
accordance with forestry administrative orders promulgated by the
Department Head.
The Department Head may deputized any agency, barangay or
barrio official, or any qualified person to protect the forest and
exercise the power or authority provided for in the preceding
paragraph.
Reports and complaints regarding the commission of any of the
offenses defined in this Chapter, not committed in the presence of
any forest officer or employee, or any personnel of the Philippine
Constabulary/Integrated National Police or any of the deputized
officers or officials, shall immediately be investigated by the forest
officer assigned in the area or any personnel of the Philippine
Constabulary/Integrated National Police where the offense was
allegedly committed, who shall thereupon receive the evidence
supporting the report or complaint.
If there is a prima facie evidence to support the complaint or report,
the investigating forest officer and/or members of the Philippine
Constabulary/Integrated National Police shall file the necessary
complaint with the appropriate official authorized by law to conduct
a preliminary investigation of criminal case and file an information
in Court.
SECTION 89-A. The Armed Forces of the Philippines shall organize a
special force in every region to help enforce the provisions of this
Act under such rules and regulations as may be agreed upon by the
Secretaries of National Defense and Natural Resources.
SECTION 89-B. Administrative Authority of the Director to Impose
Fines. – In all cases of violations of this Code and other forest laws,
rules and regulations where fine is the principal penalty, the
Director is hereby authorized to impose administratively the penalty
consisting of the fine.

SPECIAL CLAUSE
SECTION 90. Separability Clause. – Should any provision herein be
subsequently declared unconstitutional, the same shall not affect
the validity or the legality of the other provisions.
SECTION 91. Repealing Clause. – Presidential Decree Nos. 330, and
389, C.A. No. 452, R.A. No. 4715 and all laws, orders, rules and
regulations or any part thereof which are inconsistent herewith are
hereby repealed or amended accordingly.
SECTION 92. Date of Effectivity. – This Code shall take effect
immediately upon promulgation.
DONE in the City of Manila, this 19th day of May, in the year of Our
Lord, Nineteen Hundred and Seventy-Five.
6. Presidential Decree No. 1152, Philippine Environmental Law
(1977)
“PRESIDENTIAL DECREE No. 1152
PHILIPPINE ENVIRONMENTAL CODE
WHEREAS, the broad spectrum of environment has become a matter of vital
concern to the government;
WHEREAS, the national leadership has taken a step towards this direction by
creating the National Environmental Protection Council under Presidential
Decree No. 1121;
WHEREAS, it is necessary that the creation of the Council be implemented
with the launching of a comprehensive program of environmental protection
and management;
WHEREAS, such a program can assume tangible and meaningful significance
only by establishing specific environment management policies and
prescribing environment quality standards in a Philippine Environment Code:
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the
Philippines, by virtue of the powers vested in me by the Constitution, do
hereby order and decree:

Section 5. and electrical or electronic equipment and such similar equipment or contrivances. factors such as local atmospheric conditions. There shall be established ambient air quality standards which shall prescribe the maximum concentration of air pollutants permissible in the atmosphere consistent with public health. the magnitude and condition of use. There shall be established national emission standards for new and existing stationary and mobile sources of pollution which shall consider among others such factors as type of industry. Community Noise Standards. considering among others. and the nature of pollutants emitted. practicable control technology available. safety and general welfare. The standards shall set a limit on the acceptable level of noise emitted from a given equipment for the protection of public health and welfare.Section 1. This Decree shall be known and cited as the "Philippine Environment Code. stationary engines. location and land use. and available technology. and promote the social and economic development of the country. Purposes. location and land use. The purposes of this Title are: (a) to achieve and maintain such levels of air quality as to protect public health. shall be considered among others. Standards for Noise-Producing Equipment. Appropriate standards for community noise levels shall be established considering. Chapter I Standards Section 3. and (b) to prevent to the greatest extent practicable. among others. location. Short Title. injury and/or damage to plant and animal life and property. Ambient Air Quality Standards. the degree of noise reduction achievable through the application of best available technology and the cost of compliance. Section 4. transportation equipment. There shall be established a standard for noise producing equipment such as construction equipment. Section 6." TITLE I AIR QUALITY MANAGEMENT Section 2. National Emission Standards. zoning and land use classification. . In the establishment of ambient air quality standards.

The Land Transportation Commission. in coordination with appropriate government agencies. shall implement emission standards for motor vehicles and may deputize other appropriate law enforcement agencies for the purpose. Appropriate government agencies shall encourage research studies on the harmful effects of aircraft emissions in the environment in order to establish permissible emission standards. Vehicular Emissions. The National Pollution Control Commission in coordination with appropriate government agencies shall be responsible for the enforcement of ambient air quality emission and noise standards. Existing air quality emission and noise standards may be revised and/or modified consistent with new development and technology. and the promulgation of appropriate rules and regulations. including the monitoring and surveillance of air pollutants. Air Quality and Noise Standards. Section 9. Research and studies shall also be undertaken to mitigate and/or minimize the effects of sonic booms in the environment. The National Pollution Control Commission. Aircraft Emission and Sonic Booms. Radioactive Emissions. shall . Section 11. use and disposal of radioactive materials shall be regulated by the Philippine Atomic Energy Commission in coordination with other appropriate government agencies. 1096 and other applicable laws as well as their implementing rules and regulations. in coordination with the National Pollution Control Commission. The release and emission of radioactivity into the environment incident to the establishment or possession of nuclear energy facilities and radioactive materials. Section 7. Air Quality Monitoring. Chapter II Regulation and Enforcement Section 8. transport. licensing and permitting of air pollution control facilities. Aircraft Noise.The Installation of any noise-producing equipment shall conform with the requirements of Presidential Decree No. storage. production. Section 10. handling. Chapter III Monitoring Section 12. Community noise standards around airports shall be implemented by the Civil Aeronautics Administration in coordination with the National Pollution Control Commission.

(b) establishment of water quality standards. in coordination with appropriate government agencies. Weather Modification. TITLE II WATER QUALITY MANAGEMENT Section 14. the following: (a) the existing quality of the body of water at the time of classification. among others. (c) protection and improvement of the quality of the Philippine water resources. Section 13. Classification of Philippine Waters. Such air quality monitoring network shall put to maximum use the capabilities of these agencies. Chapter I Classification and Standards Section 15. In classifying said waters. . the National Pollution Control Commission shall take into account. Activities relating to weather modification such as rainfall stimulation and storm seeding experiments shall be undertaken in consultation and/or in coordination with the Philippine Atmospheric. Geophysical and Astronomical Service Administration. The National Pollution Control Commission. It is the purpose of this Title to prescribe management guidelines aimed to protect and improve the quality of Philippine water resources through: (a) classification of Philippine waters. The National Environmental Protection Council shall be furnished with the results of air quality monitoring activities. and (d) responsibilities for surveillance and mitigation of pollution incidents. according to their best usage. Geophysical and Astronomical Services Administration shall monitor regularly meteorological factors affecting environmental conditions in order to effectively guide air pollution monitoring activities.establish to the greatest extent practicable an air quality monitoring network. shall classify Philippine waters. Purpose. The Philippine Atmospheric.

Section 18. heavy metals. and oils. gradient of stream. and the disposal. the government agencies concern shall coordinate with the National Environmental Protection Council and furnish the latter with . The production. Water Quality Standards. Section 16. in coordination with appropriate government agencies. volume. shall reclassify a body of water based on the intended beneficial use and take such steps as may be necessary to upgrade the quality of said water. and aesthetic purposes. In the performance of the above functions. and (b) the technology relating to water pollution control. The National Pollution Control Commission shall prescribe quality and effluent standards consistent with the guidelines set by the National Environmental Protection Council and the classification of waters prescribed in the preceding sections. storage and distribution of hazardous.(b) the size. taking into consideration. Where the quality of water has deteriorated to a degree where its state will adversely affect its best usage. navigational. among others. Section 17. agricultural. water-borne sources. Reclassification of Waters Based on Intended Beneficial Use. Where the public interest so requires. the National Pollution Control Commission. Upgrading of Water Quality. the government agencies concerned shall take such measures as may be necessary to upgrade the quality of such water to meet the prescribed water quality standards. discharge and dumping of untreated wastewater. utilization. recreational. commercial. Chapter II Protection and Improvement of Water Quality Section 19. Other government agencies may adopt higher standards for a particular body of water. Enforcement and Coordination. depth. rate of flow. and other human activities as well as those resulting from accidental spills and discharge shall be regulated by appropriate government agencies pursuant to their respective charters and enabling legislations. direction. pesticides. mine tailings and other substances that may pollute any body of water of the Philippines resulting from normal operations of industries. industrial. fertilizers. toxic and other substances such as radioactive materials. and (c) the most beneficial uses of said bodies of water and lands bordering them for residential. surface area covered. the following: (a) the standard of water quality or purity may vary according to beneficial uses. subject to the approval of the National Pollution Control Commission.

Section 21. TITLE III LAND USE MANAGEMENT Section 22. Clean-up Operations. National Land Use Scheme. The Land Use Scheme shall include among others. The Human Settlements Commission. The various government agencies concerned with environmental protection shall establish to the greatest extent practicable a water quality surveillance and monitoring network with sufficient stations and sampling schedules to meet the needs of the country.such information as may be necessary to enable it to attain its objectives under Presidential Decree No. the following: (a) a science-based and technology-oriented land inventory and classification system. removal and clean-up operations and expenses incurred in said operations shall be charged against the persons and/or entities responsible for such pollution. Purpose. utilization and disposition of land and its resources in order to derive therefrom maximum benefits. Water Quality Monitoring and Surveillance. and (b) to encourage the prudent use and conservation of land resources in order to prevent and imbalance between the nation's needs and such resources. The purposes of this Title are: (a) to provide a rational. In case of his failure to do so. 1121. Said water quality surveillance network shall put to maximum use the capabilities of such government agencies. the government agencies concerned shall undertake containment. It shall be the responsibility of the polluter to contain. Each agency involved in such network shall report to the National Environmental Protection Council the results of these monitoring activities as the need arises. . the extent to which they are utilized. in coordination with the appropriate agencies of the government. underutilized. remove and clean up water pollution incidents at his own expense. shall formulate and recommend to the National Environmental Protection Council a land use scheme consistent with the purpose of this Title. Section 23. (b) a determination of present land uses. rendered idle or abandoned. orderly and efficient acquisition. Section 20.

cultural. geographic and significant environmental impact of said establishments. The purposes of this Title are: (a) to provide the basic policy on the management and conservation of the country's natural resources to obtain the optimum benefits therefrom and to preserve the same for the future generations. depots and similar industrial establishments. highways. and (i) a recommended method for the periodic revisions and updating of the national land use scheme to meet changing conditions. (e) a method for exercising control by the appropriate government agencies over the use of land in areas of critical environmental concern and areas impacted by public facilities including. Section 24. (d) a method of identification of areas where uncontrolled development could result in irreparable damage to important historic.(c) a comprehensive and accurate determination of the adaptability of the land for community development. TITLE IV NATURAL RESOURCES MANAGEMENT AND CONSERVATION Section 25. and . (h) a system of controls and regulations pertaining to areas and development activities designed to ensure that any source of pollution will not be located where it would result in a violation of any applicable environmental pollution control regulations. plants. Purposes. (g) policy for influencing the location of new communities and methods for assuring appropriate controls over the use of land around new communities. bridges. factories. Location of Industries. industry. agriculture. but not limited to. buildings and other infrastructure projects. or natural systems or processes of national significance. or aesthetic values. economic. In the location of industries. ports and wharves. airports. commerce and other fields of endeavor. the regulating or enforcing agencies of the government shall take into consideration the social. (f) a method to ensure the consideration of regional development and land use in local regulations.

and (e) conserving the vanishing species of fish and aquatic resources such as turtles. shall establish a system of rational exploitation and conservation of wildlife resources and shall encourage citizen participation in the maintenance and/or enhancement of their continuous productivity.(b) to provide general measures through which the aforesaid policy may be carried out effectively. sea snakes. Measures for National Exploitation. Measures for the national exploitation of fisheries and other aquatic resources may include. Section 27. Measures for Rational Exploitation. but shall not be limited to. as well as maintaining the mangrove areas. Management Policy. Section 29. the following: (a) regulating the marketing of threatened wildlife resources. the following: (a) undertaking manpower and expertise development. marshes and inland waters. (c) regulating the marketing of threatened species of fish or other aquatic resources. shall establish a system of rational exploitation of fisheries and aquatic resources within the Philippine territory and shall encourage citizen participation therein to maintain and/or enhance the optimum and continuous productivity of the same. crocodiles. Chapter II Wildlife Section 28. (d) reviewing all existing rules and regulations on the exploitation of fisheries and aquatic resources with a view of formulating guidelines for the systematic and effective enforcement thereof. The national government through the Department of Natural Resources. but shall not be limited to. corals. coral reef-areas and islands serving as sanctuaries for fish and other aquatic life. The National government. Measures for rational exploitation of wildlife resources may include. . through the Department of Natural Resources. (b) acquiring the necessary facilities and equipment. Management Policy. Chapter I Fisheries and Aquatic Resources Section 26.

and (c) conserving the threatened species of fauna. banning of indiscriminate and/or destructive means of catching or hunting them. Measures for Rational Exploitation of Forest Resources. timber management and forest research. The use of fertilizers and pesticides in agriculture shall be regulated prescribing therefor a tolerance level in their use. the following: (a) regulating the marketing of threatened forest resources. increasing their rate of reproduction. Management Policy for Forestry. . parks and wildlife management. (c) conserving threatened species of flora as well as increasing their rate of propagation. indiscriminate harvesting of minor forest products the recycling methods of waste materials. Chapter III Forestry and Soil Conservation Section 30. population control in relation to the carrying capacity of any given area. Use of Fertilizers and Pesticides. shall undertake a system of rational exploitation of forest resources and shall encourage citizen participation therein to keep the country's forest resources at maximum productivity at all time. forest protection. industrial tree plantation. Their use shall be monitored by appropriate government agencies to provide empirical data for effective regulation. through the Department of Natural Resources. the banning of destructive modes of exploitation. The national government. and (d) carrying out a continuing effect on reforestation. (b) reviewing all existing rules and regulations on the exploitation of forest resources with a view of formulating guidelines for the systematic and efficient enforcement thereof. habitat manipulation. Measures for the rational exploitation of forest resources may include. agrisilvicultural/kaingin management. timber stand improvement. forest occupancy management. agri-silviculture. Section 32. determining bag/creel limits. kaingin making or shifting cultivation.(b) reviewing all existing rules and regulations on the exploitation of wildlife resources with a view of formulating guidelines for the systematic and effective enforcement thereof. land classification. range management. Section 31. but shall not be limited to. multiple use forest. maintaining their original habitat.

Chapter IV Flood Control and Natural Calamities Section 34. for purposes of this Section shall mean forms of water. Management Policy on Soil Conservation. (d) the needs of fisheries and wildlife and all other recreational uses of natural water. physical and biological means of soil conservation. (b) the control of flow and flooding in and from rivers and lakes. taking. and (f) measures to stimulate research in matters relating to natural water and soil conservation and the application of knowledge thereby acquired. and other tropical natural phenomena in order to bring about any significant effect to mitigate or prevent their destructive effects. and the seashores. shall . through the Philippine Atmospheric. (e) measures to control the damming. through the Energy Development Board. encouragement of scientific farming techniques. the shores of lakes. so far as any such act may affect the quality and availability of natural water for other purposes. the following shall be included in a soil erosion. the national government. earthquake. and short-term and long-term researches and technology for effective soil conservation. sediment and flood control program. diversion. Policy. Measures in Flood Control Program. shall likewise undertake a soil conservation program including therein the identification and protection of critical watershed areas. The national government. typhoon. but shall not include captive water. Section 35. Geophysical and Astronomical Services Administration. and use of natural water. Consistent with the environmental protection policies. Measures to Mitigate Destructive Effects of Calamities. tsunami.Section 33. shall promote intensified and concerted research efforts on weather modification. The national government. (c) the conservation of water which. Chapter V Energy Development Section 36. through the Department of Natural Resources and the Department of Agriculture. In addition to the pertinent provisions of existing laws. storm surge. (a) the control of soil erosion on the banks of rivers.

shall undertake a system of gainful exploitation and rational and efficient utilization of mineral resources and shall encourage citizen participation in this endeavor. Chapter VII Mineral Resources Section 40. whether owned or controlled by private or government entities shall: (a) observe internationally accepted standards of safety. Measures for Exploitation and Utilization of Mineral Resources.undertake an energy development program encouraging the utilization of invariant sources such as solar.The national government. Rules and regulations shall be promulgated to prevent or mitigate the adverse effects of energy development on the environment. control and abatement of water pollution. through the Department of Natural Resources. For this purpose. Management Policy. Chapter VI Conservation and Utilization of Surface and Ground Waters Section 39. the following: (a) setting up of pilot plants utilizing invariant sources of energy. Measures for energy development program may include. Management Policy. Section 38. shall prescribe measures for the conservation and improvement of the quality of Philippine water resources and provide for the prevention. and (c) conducting researches aimed at developing technology for energy development. Section 41. Measures for Energy Development. . all nuclear powered plants exploring and utilizing geothermal energy. Section 37. (b) training of technical personnel for purposes of energy development. Measures for the gainful exploitation and rational and efficient . Safety Measures on Energy Development. and (b) provide safety devices to ensure the health and welfare of their personnel as well as the surrounding community. In addition to existing laws. but shall not be limited to. the national government through the National Water Resources Council in coordination with other appropriate government agencies. wind and tidal energy.

Purpose. (b) training of additional technical manpower needed in geology.utilization of such mineral resources may include. efficient. TITLE V WASTE MANAGEMENT Section 42. . Every waste management program shall include the following: (a) an orderly system of operation consistent with the needs of the area concerned. Waste Management Programs. but shall not be limited to the following: (a) increasing research and development in mineral resources technology. and (e) encouraging the establishment of processing plants for refined metals. recycling and re-use of wastes and waste products. mining engineering. The Department of Local Government and Community Development shall promulgate guidelines for the formulation and establishment of waste management programs. and (c) to provide measures to guide and encourage appropriate government agencies in establishing sound. Chapter I Enforcement and Guidelines Section 43. cities and municipalities. educational economic and social efforts to prevent environmental damage and unnecessary loss of valuable resources of the nation through recovery. and related fields. geophysics. (b) to encourage. Preparation and implementation of waste management program shall be required of all provinces. promote and stimulate technological. (c) regulating the exploitation of identified mineral reserves. (d) accelerating the exploration of undiscovered mineral deposits. comprehensive and effective waste management. The purposes of this Title are: (a) to set guidelines for waste management with a view to ensuring its effectiveness.

(b) a provision that the operation will not create pollution of any kind or
will constitute public nuisance;
(c) a system for a safe and sanitary disposal of waste;
(d) a provision that existing plans affecting the development, use and
protection of air, water or natural resources shall be considered;
(e) schedules and methods of implementing the development,
construction and operation of the plan together with the estimated
costs; and
(f) a provision for the periodic revision of the program to ensure its
effective implementation.
Section 44. Responsibility of Local Governments. Each province, city or
municipality shall provide measures to facilitate the collection,
transportation, processing and disposal of waste within its jurisdiction in
coordination with other government agencies concerned. For this purpose,
the national government shall provide the necessary subsidy, to local
governments upon request made through the National Environmental
Protection Council and subject to such terms and conditions as the latter may
provide.
Chapter II
Methods of Solid Waste Disposal
Section 45. Solid Waste Disposal. Solid Waste disposal shall be by sanitary
landfill, incineration, composing, and other methods as may be approved by
competent government authority.
Section 46. Sanitary Landfills. Local governments, including private
individuals, corporations or organizations may operate one or more sanitary
landfills. Any entity proposing to operate a sanitary landfill shall submit to
the appropriate government agency an operational work plan showing,
among other things, a map of the proposed work location, disposal areas for
rubbish, garbage, refuse and other waste matter; and the equipment or
machinery needed to accomplish its operations. In no case shall landfill or
work locations under this Section be located along any shore or coastline, or
along the banks of rivers and streams. lakes throughout their entire length,
in violation of any existing rules and regulations.
Section 47. Incineration and Composting Plants. The installation and
establishment of incineration or composting plants, or the
alteration/modification of any part thereof shall be regulated by the local

governments concerned in coordination with the National Pollution Control
Commission.
Section 48. Disposal Sites. The location of solid waste disposal sites shall
conform with existing zoning; land use standards, and pollution control
regulations.
Section 49. Dumping into the Sea and Other Navigable Waters. The
dumping or disposal of solid wastes into the sea and any body of water in the
Philippines, including shorelines and river banks, where these wastes are
likely to be washed into the water is prohibited. However, dumping of solid
wastes or other materials into the sea or any navigable waters shall be
permitted in case of immediate or imminent danger to life and property,
subject to the rules and regulations of the Philippine Coast Guard and the
National Pollution Control Commission.
Government agencies and private entities which are undertaking solid waste
management programs shall make consultations with the government
agencies concerned with respect to the effects of such dumping to the
marine environment and navigation.
Chapter III
Methods of Liquid Waste Disposal
Section 50. Liquid Waste Disposal. Wastewater from manufacturing plants,
industries, community, or domestic sources shall be treated either physically,
biologically or chemically prior to disposal in accordance with the rules and
regulations promulgated by proper government authority.
Section 51. Applicability of Sec. 8. The provisions of Sec. 8 hereof shall
likewise apply to the dumping or disposal of liquid waste into the sea and
other bodies of water.
TITLE VI
MISCELLANEOUS PROVISIONS
Section 52. Population-Environment Balance. In the assessment of
development projects, the National Environmental Protection Council,
hereinafter referred to in this Title as the "Council" shall take into
consideration their effect on population with a view to achieving a rational
and orderly balance between man and his environment.
Section 53. Environmental Education. The Department of Education and
Culture shall integrate subjects on environmental education in its school
curricula at all levels. It shall also endeavor to conduct special community

education emphasizing the relationship of man and nature as well as
environmental sanitation and practices.
The Council and other government agencies implementing environmental
protection laws in coordination with public information agencies of the
government shall undertake public information activities for the purpose of
stimulating awareness and encouraging involvement in environmental
protection.
Section 54. Environmental Research. The Council shall undertake and/or
promote continuing studies and research programs on environmental
management and shall, from time to time, determine priority areas of
environmental research.
Section 55. Monitoring and Dissemination of Environmental Information of
Foreign Origin. The Council shall keep itself informed of current
environmental developments by obtaining information and literature from
foreign sources through the Department of Foreign Affairs, government
agencies and other entities, both domestic and foreign. Such information and
literature shall be given the widest dissemination possible.
Section 56. Incentives. To operate the installation and the utilization of
pollution control facilities, the following incentives are hereby granted:
(a) exemption to the extent of fifty (50) per cent of tariff duties and
compensating tax for the importation of pollution control equipment,
devices, spare parts and accessories for a period of five (5) years from
the effectivity of this Decree subject to the conditions that will be
imposed by the Council.
(b) a tax credit equivalent to fifty (50) per cent of the value of the
compensating tax and tariff duties that would have been paid on the
pollution control equipment, devices, spare parts and accessories had
these items been imported shall, within a period of seven (7) years
from the effectivity of this Decree be given to the person or firm who or
which purchases them from a domestic manufacturer, and another tax
credit equivalent to twenty-five (25) per cent thereof shall be given to
the said manufacturer subject to such conditions as may be imposed
by the Council; and
(c) deductions equivalent to fifty (50) per cent of the expenses actually
incurred on research projects undertaken to develop technologies for
the manufacture of pollution control equipment which have been
proven effective and commercially reproducible, from the taxable
income of the person or firm actually undertaking such projects subject
to the conditions that may be imposed by the Council.

Preservation of Historic and Cultural Resources and Heritage. inquire into any action or issue of environmental significance. Definition of Terms. whenever it deems necessary. however. gas stream and unwanted sound from a known source. The Council may. Financial Assistance/Grant. . municipalities. Section 57. spare parts and accessories acquired under this Section shall not be sold. structures. documents. Public Hearings. Participation of Local Government Units and Private Individuals. small and medium-scale industries may be granted on a case to case basis subject to such conditions as may be imposed by the Council. objects. (b) "Emission" means the act of passing into the atmosphere an air contaminant. artifacts. in the exercise of its powers and functions under Presidential Decree No. devices. It shall be the duty of every person to help preserve the historic and cultural resources of the country such as sites. design and construction of environmental protection facilities especially for waste disposal in favor of cities. Section 60. Section 58. (c) "Water Quality" means the characteristics of water which define its use in terms of physical. As used in this Code: (a) "Ambient Air Quality" means the average atmospheric purity as distinguished from discharge measurements taken at the source of pollution. memorials and priceless trees. 1121. Section 61. Section 62. Government Offices Performing Environmental Protection Functions. pollutant. It shall be the responsibility of local government units as well as private individuals to actively participate in the environmental management and protection programs of the government. It is the general amount of pollution present in a broad area. Government agencies vested by law to exercise environmental management powers. Section 59. conduct public hearings on issues of environmental significance. chemical and biological contents. The Council may. shall continue to function as such within their respective jurisdictions. hence the quality of water for domestic use is different from industrial use. transferred or disposed of within five (5) years from the date of acquisition without the prior approval of the Council otherwise the importer or purchaser shall pay twice the amount of the tax exemption or tax credit granted. Financial assistance/grant for the study.The pollution control equipment.

to any degree. (l) "Environmental Impact" is the alteration.(d) "Water Quality Surveillance" means a close and continuous supervision of the water quality to detect development movements or changes in the characteristics of the water. (i) "Areas of Critical Environmental Concern" are areas where uncontrolled development could result in irreparable damage to important historic. Such a standard may include water use classification and the criteria to support the uses of the water. cultural. local and regional agencies and instrumentalities including government-owned and controlled corporations. TITLE VII FINAL PROVISIONS . (k) "Areas Impacted by Public Facilities" refers to areas where the introduction of public facilities may tend to induce development and urbanization of more than local significance or impact. (g) "Clean-up Operations" refers to activities conducted in removing the pollutants discharged or spilled in water to restore it to pre-spill condition. (j) "Hazardous Substances" means elements or compounds which when discharged in any quantity present imminent or substantial danger to public health and welfare. or aesthetic values or natural systems or processes of national significance. (f) "Effluent Standards" means restrictions established to limit levels of concentration of physical. (h) "Accidental Spills" refers to spills of oil or other hazardous substances in water that result from accidents involving the carriers of such substance such as collisions and grounding. (e) "Water Quality Standard" means a plan that is established by governmental authority as a program for water pollution prevention and abatement. adverse or beneficial. of environmental conditions or the creation of a new set of environmental conditions. to be induced or caused by a proposed project. (m) "Government Agencies" refers to national. chemical and biological constituents which are discharged from point sources.

Republic Act No. therefore. be the concern of all." Section 2. . The Philippine Clean Air Act of 1999 “Republic Act No. the State recognizes that a clean and healthy environment is for the good of all and should. Done in the City of Manila. the remainder of the Code or the application of such provision to other persons or circumstances shall not be affected by such declaration. nineteen hundred and seventy-seven. This Code shall take effect upon its approval.This Act shall be known as the "Philippine Clean Air Act of 1999. Separability of Provisions. Declaration of Principles. The State also recognizes the principle that "polluters must pay".The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. The State recognizes that the responsibility of cleaning the habitat and environment is primarily area-based. Short Title. 1999 AN ACT PROVIDING FOR A COMPREHENSIVE AIR POLLUTION CONTROL POLICY AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:: Chapter 1 General Provisions Article One Basic Air Quality Policies Section 1. The State shall promote and protect the global environment to attain sustainable development while recognizing the primary responsibility of local government units to deal with environmental problems.Section 63. 8749. this 6th day of June in the year of Our Lord. 8749 June 23. Section 64. Finally. .” 7. If any provision of this Code. Effectivity. is declared unconstitutional. or the application of such provisions to any person or circumstance. .

. (c) Focus primarily on pollution prevention rather than on control and provide for a comprehensive management program for air pollution. (d) Promote public information and education and to encourage the participation of an informed and active public in air quality planning and monitoring. Section 4. (e) The right to be informed of the nature and extent of the potential hazard of any activity. the frame work for sustainable development shall be pursued. the following rights of citizens are hereby sought to be recognized and the State shall seek to guarantee their enjoyment: (a) The right to breathe clean air. (c) The right to participate in the formulation. implementation and monitoring of environmental policies and programs and in the decision-making process. It shall be the policy of the State to: (a) Formulate a holistic national program of air pollution management that shall be implemented by the government through proper delegation and effective coordination of functions and activities. Recognition of Rights. and (e) Formulate and enforce a system of accountability for short and long-term adverse environmental impact of a project. (b) Encourage cooperation and self-regulation among citizens and industries through the application of market-based instruments. (b) The right to utilize and enjoy all natural resources according to the principles of sustainable development. (d) The right to participate in the decision-making process concerning development policies. undertaking or project and to be served timely notice of any significant rise in the level of pollution and the accidental . plans and programs projects or activities that may have adverse impact on the environment and public health.Pursuant to the above-declared principles. .The State shall pursue a policy of balancing development and environmental protection. Declaration of Policies. To achieve this end. This shall include the setting up of a funding or guarantee mechanism for clean-up and environmental rehabilitation and compensation for personal damages. program or activity.Section 3. planning.

chemical mists. controlling. c) "Ambient air quality guideline values" mean the concentration of air over specified periods classified as short-term and long-term which are intended to serve as goals or objectives for the protection of health and/or public welfare. gaseous or solid substances that will or is likely to create or to render the air resources of the country harmful.or deliberate release into the atmosphere of harmful or hazardous substances. carbon dioxide. fumes. dust. (f) The right of access to public records which a citizen may need to exercise his or her rights effectively under this Act. These values shall be used for air quality management purposes such as determining time trends. (g) The right to bring action in court or quasi-judicial bodies to enjoin all activities in violation of environmental laws and regulations. or other legitimate purposes. soot. steam and radio-active substances. and to seek the imposition of penal sanctions against violators of environmental laws. and in general. b) "Air pollution" means any alteration of the physical.As used in this Act: a) "Air pollutant" means any matter found in the atmosphere other than oxygen. . . used as basis for taking positive action in preventing. Article Two Definition of Terms Section 5. or injurious to public health. gases. safety or welfare or which will adversely affect their utilization for domestic. or abating air pollution. solid particles of any kind. and (h) The right to bring action in court for compensation of personal damages resulting from the adverse environmental and public health impact of a project or activity. detrimental. fly ash. chemical and biological properties of the atmospheric air. that is detrimental to health or the environment. industrial. cinders. and the inert gases in their natural or normal concentrations. water vapor. or any discharge thereto of any liquid. agricultural. Definitions. commercial. evaluating stages of deterioration or enhancement of the air quality. nitrogen. recreational. which includes but not limited to smoke. to compel the rehabilitation and cleanup of affected area.

or immunization of human beings or animals. or (2) longterm toxicity upon repeated exposure. i) "Greenhouse gases" mean those gases that can potentially or can reasonably be expected to induce global warming. methane. gas stream or unwanted sound from a known source which is passed into the atmosphere. l) "Medical waste" means the materials generated as a result of patient diagnosis. treatment. and the like. the potential to pollute underground or surface waters. g) "Eco-profile" means the geographic-based instrument for planners and decision-makers which present an evaluation of the environmental quality and carrying capacity of an area. resistance to detoxification process such as biodegradation. chlorofluorocarbons. . or skin absorption. corrosivity or other skin or eye contact hazard or the risk of fire explosion. k) "Infectious waste" means that portion of medical waste that could transmit an infectious disease.d) "Ambient air quality" means the general amount of pollution present in a broad area. inhalation. pollutant. and refers to the atmosphere's average purity as distinguished from discharge measurements taken at the source of pollution. carcinogenicity (which in some cases result in acute exposure but with a long latent period). j) "Hazardous substances" mean those substances which present either: (1) short-term acute hazards such as acute toxicity by ingestion. h) "Emission" means any air contaminant. which include carbon dioxide. It is the result of the integration of primary and secondary data and information on natural resources and anthropogenic activities on the land which are evaluated by various environmental risk assessment and forecasting methodologies that enable the Department to anticipate the type of development control necessary in the planning area. e) "Certificate of Conformity" means a certificate issued by the Department of Environment and Natural Resources to a vehicle manufacturer/assembler or importer certifying that a particular new vehicle or vehicle type meets the requirements provided under this Act and its rules and regulations. f) "Department" means the Department of Environment and Natural Resources. oxides of nitrogen.

dieldrin. or a substantial portion of such class. plus the Motor Octane Number (MON). but not limited to. organochlorine pesticides. the octane requirement. any foreign state or country. whether imported. shall refer to the minimum octane rating of such automotive gasoline which such manufacturer recommends for the efficient operation of such motor vehicle. chemical and biological degradation. . with respect to automotive gasoline for use in a motor vehicle or a class thereof. hexachlorobenzene. or assembled by a manufacturer. chloroflourocarbons. without knocking. r) "Ozone Depleting Substances (ODS)" means those substances that significantly deplete or otherwise modify the ozone layer in a manner that is likely to result in adverse effects of human health and the environment such as. constructed and operated principally for the conveyance of persons or the transportation of property or goods in a public highway or street open to public use. s) "Persistent Organic Pollutants (POPs)" means the organic compounds that persist in the environment. lindane. and pose a risk of causing adverse effects to human health and the environment. manufactured. bioaccumulate through the food web. halons and the like. n) "Motor vehicle" means any vehicle propelled by a gasoline or diesel engine or by any means other than human or animal power. These compounds resist photolytic. constructed and operated principally for the conveyance of persons or the transportation of property goods. furan. toxaphere and chlordane. Polychlorinated Biphenyls (PCBs). and operated on the highways of the Philippines. which shall include but not be limited to dioxin. such as aldrin. p) "New vehicle" means a vehicle constructed entirely from new parts that has never been sold or registered with the DOTC or with the appropriate agency or authority.m) "Mobile source" means any vehicle propelled by or through combustion of carbon-based or other fuel. DDT. o) "Municipal waste" means the waste materials generated from communities within a specific locality. q) "Octane Rating or the Anti-Knock Index(AKI)" means the rating of the anti-knock characteristics of a grade or type of automotive gasoline as determined by dividing by two (2) the sum of the Research Octane Number (RON).

7. activities. as provided for in Sec. trends and projections of air pollution at the various levels provided herein. per type of pollutant and per type of source.The Department shall prepare an annual National Air Quality Status Report which shall be used as the basis in formulating the Integrated Air Quality Improvement Framework. but shall not be limited to the following: a) Extent of pollution in the country. Chapter 2 Air Quality Management System Article One General Provisions Section 6. fuel combustion processes or other means that effectively prevent or reduce emissions or effluent.t) "Poisonous and toxic fumes" means any emissions and fumes which are beyond internationally . v) "Pollution control technology" means the pollution control devices. . taking into account the cost of achieving such reduction and any nonair quality health and environmental impact and energy requirement which the Department determines. u) "Pollution control device" means any device or apparatus used to prevent. b) Analysis and evaluation of the current state. d) Recommendations for necessary executive and legislative action.accepted standards. c) Identification of critical areas. based on reports of the Department’s monitoring stations. The said report shall include. including but not limited to the World Health Organization (WHO) guideline values. control or abate the pollution of air caused by emissions from identified pollution sources at levels within the air pollution control standards established by the Department. facility or installation which emits or may emit any air pollutant. and x) "Stationary source" means any building or immobile structure. and adequately demonstrates. or projects which will need closer monitoring or regulation. production process. w) "Standard of performance" means a standard for emissions of air pollutant which reflects the degree of emission limitation achievable through the application of the best system of emission reduction. and . Air Quality Monitoring and Information Network.

. as may be necessary or appropriate to meet the applicable requirements of this Act. Integrated Air Quality Improvement Framework. in accordance with land use policy to ensure that ambient air quality standards are achieved. Section 7. and environmental education and information. (2) regulation of the modification and construction of any stationary source within the areas covered by the plan. with the participation of LGUs.e) Other pertinent qualitative and quantitative information concerning the extent of air pollution and the air quality performance rating of industries in the country. with public participation. NGOs. including cost-effective use of economic incentives. 7 of this Act. The framework shall. b) Provide for the establishment and operation of appropriate devices. retrieval and exchange. control strategies and control measures to undertaken within a specified time period. among others. means or techniques. POs. The Integrated Air Quality Improvement Framework shall be adopted as the official blueprint with which all government agencies must comply with to attain and maintain ambient air quality standards.The Department shall within six (6) months after the effectivity of this Act. collective actions. The Department shall serve as the central depository of all data and information related to air quality. shall design and develop an information network for data storage. formulate and implement an air quality control action plan consistent with Sec. c) Include a program to provide for the following: (1) enforcement of the measures described in subparagraph [a]. methods. prescribe the emission reduction goals using permissible standards. . formulate and implement the Integrated Air Quality Improvement Framework for a comprehensive air pollution management and control program.Within six (6) months after the formulation of the framework. . management strategies. systems and procedures necessary to monitor. in cooperation with the National Statistical Coordination Board (NSCB). establish. The action plan shall: a) Include enforceable emission limitations and other control measures. as well as schedules and time tables for compliance. Air Quality Control Action Plan. the academe and other concerned entities from the private sector. The Department. compile and analyze data on ambient air quality. Section 8. the Department shall.

d) Contain adequate provisions. consistent with the provisions of this Act. management strategies. and g) All other measures necessary for the effective control and abatement of air pollution. The involvement of private entities in the monitoring and testing of emissions from mobile and/or stationary sources shall be considered. however. f) Designate airsheds. A multi-sectoral monitoring team with broad public representation shall be convened by the Department for each LGU to conduct periodic inspections of air pollution sources to assess compliance with emission limitations contained in their permits. and on the alignment of their programs with the plans. Likewise. prohibiting any source or other types of emissions activity within the country from emitting any air pollutant in amounts which will significantly contribute to the non-attainment or will interfere with the maintenance by the Department of any such ambient air quality standard required to be included in the implementation plan to prevent significant deterioration of air quality or to protect visibility. In addition to direct regulations. manpower and budgetary resources of the affected government agencies. with the assistance from the Department. the LGU’s. The local government units shall develop and submit to the Department a procedure for carrying out the action plan for their jurisdiction. . 9 hereof. collection action and environmental education and information. The Department. shall prepare and develop an action plan consistent with the Integrated Air Quality Improvement Framework to attain and maintain the ambient air quality standards within their respective airsheds as provided in Sec. e) Include control strategies and control measures to be undertaken within a specified time period. The adoption of the plan shall clarify the legal effects on the financial. including cost effective use of economic incentives. the plan shall be characterized by a participatory approach to the pollution problem. The Department shall have the power to closely supervise all or parts of the air quality action plan until such time the local government unit concerned can assume the function to enforce the standards set by the Department. shall maintain its authority to independently inspect the enforcement procedure adopted.

. b) Preparation of a common action plan. a Governing Board is hereby created. areas with similar climate. Upon consultation with appropriate local government authorities. b) City/Municipal Mayors from areas belonging to the airshed. the Department shall. and f) Representatives from the private sector. Airsheds. The members shall be as follows: a) Provincial Governors from areas belonging to the airshed.Section 9. To effectively carry out the formulated action plans. revise the designation of airsheds utilizing eco-profiling techniques and undertaking scientific studies. The Board shall be headed by the Secretary of the Department of Environment and Natural Resources as chairman. The Board shall perform the following functions: a) Formulation of policies. or areas which share common interest or face similar development programs. and d) Submission and publication of an annual Air Quality Status Report for each airshed. prospects or problems. from time to time. c) A representative from each concerned government agency. meteorology and topology which affect the interchange and diffusion of pollutants in the atmosphere. a system of planning and coordination shall be established and a common action plan shall be formulated for each airshed. For a more effective air quality management. d) Representatives from people’s organizations. . 8 of this Act. e) Representatives from non-government organizations. the designation of airsheds shall be on the basis of. hereinafter referred to as the Board. but not limited to. Emissions trading may be allowed among pollution sources within an airshed. c) Coordination of functions among its members.Pursuant to Sec.

the LGUs shall prepare and implement a program and other measures including relocation. Air Quality Control Techniques. and environmental impact or the emission control technology. the Department. emission reduction benefits. For those designated as nonattainment areas. In coordination with other appropriate government agencies. management and control of air pollution. Section 11.The Department shall designate areas where specific pollutants have already exceeded ambient standards as non-attainment areas. direct industrial emitters of nonconventional and toxic pollutants. Such information may also include data relating to the cost of installation and operation. . to protect the health and welfare of residents in the area. processes and operating methods which will result in the eliminator or significant reduction of emissions. . through the research and development program contained in this Act and upon consultation with appropriate advisory committees. after consultation with local government authorities. standards and information on air quality control techniques shall be made available to the general public: Provided. (b) Best available technology economically achievable which shall refer to the technological basis/standards for emission limits applicable to existing. and from time to time. Management of Non-attainment Areas.Section 10. and (c) Alternative fuels. whenever necessary. Such information shall include: (a) Best available technology and alternative methods of prevention. the Department.Simultaneous with the issuance of the guideline values and standards. The Department shall prepare and implement a program that will prohibit new sources of exceeded air pollutant without a corresponding reduction in existing resources. . people’s organizations (POs) and concerned sectors may revise the designation of such areas and expand its coverage to cover larger areas depending on the condition of the areas. shall issue. The issuance of air quality guideline values. revise information on air pollution control techniques. That the issuance of information on air quality control techniques shall not be construed as requiring the purchase of certain pollution control devices by the public. energy requirements. nongovernment organizations (NGOs). government agencies and LGUs.

0 ---- 1 year a Maximum limits represented by ninety-eight percentile (98%) values not to be exceed more than once a year. Daily sampling may be done in the future once continuous analyzers are procured and become available. and general welfare.03 1 year Nitrogen Dioxide 150 0. in coordination with other concerned agencies. The Department.07 1 hour ---- ---- ---- 60 0.5 ---- 3 monthsg 1. b c Arithmetic mean SO2 and Suspended Particulate matter are sampled once every six days when using the manual methods.07 24 hours 80 0. A minimum of twelve sampling days per quarter of fortyeight sampling days each year is required for these methods. The initial list and values of the hazardous air pollutants shall be as follows: (a) For National Ambient Air Quality Guideline for Criteria Pollutants: Short Term Pollutant µg/Ncm s a Long Term ppm b Averaging µg/Ncm ppm Averaging Time Time Suspended Particulate Matterc -TSP 230d 24 hours 90 ---- 1 yeare -PM-10 150f 24 hours 60 ---- 1 yeare Sulfur Dioxidec 180 0. shall review and or revise and publish annually a list of hazardous air pollutants with corresponding ambient guideline values and/or standard necessary to protect health and safety.Section 12.08 24 hours ---- ---- ---- Photochemical Oxidants 140 0. Ambient Air Quality Guideline Values and Standards.03 8 hours ---- ---- ---- As Ozone Carbon Monoxide Leadg 35 mg/Ncm 30 1 hour ---- ---- ---- 10 mg/Ncm 9 8 hours ---- ---- ---- 1. .

28 30 Nesselerization/ Indo Phenol 2. Carbon Disulfide 30 0. Lead 20 . (b) For National Ambient Air Quality Standards for Source Specific Air Pollutants from Industrial Sources/Operations: Pollutants1 Concentration2 Averagin g time (min.d Limits for Total Suspended Particulate Matter with mass median diameter less than 25-50 um. Ammonia 200 0.13 30 Volhard Titration with Iodine Solution 0.04 30 Chromotropic acid Method or MBTH Colorimetric Method 5. g Evaluation of this guideline is carried out for 24-hour averaging time and averaged over three moving calendar months. Hydrogen Chloride 0. e Annual Geometric Mean f Provisional limits for Suspended Particulate Matter with mass median diameter less than 10 microns and below until sufficient monitoring data are gathered to base a proper guideline.01 30 Tischer Method 3. The monitored average value for any three months shall not exceed the guideline value.) Method of Analysis/ Measurement3 µ/Ncm ppm 1. Chlorine and Chlorine Compounds expressed as Cl2 100 0.07 30 Methylene Blue 30 AASc 20010 0 6.03 5 Methyl Orange 4. Hydrogen Sulfide 7. 50 Formaldehyde 0.

based on .The Department. The Department shall base such ambient air quality standards on World Health Organization (WHO) standards. 2 Ninety-eight percentile (98%) values of 30-minute sampling measured at 250C and one atmosphere pressure. the latest scientific knowledge including information on: a) Variable. which of themselves or in combination with other factors may alter the effects on public health or welfare of such air pollutant.Saltzman 9. Asbestos.13 30.18. Suspended Particulate Matter-TSP 300 ---- 60 Gravimetric 1 Pertinent ambient standards for Antimony. b) The other types of air pollutants which may interact with such pollutant to produce an adverse effect on public health or welfare. Nitric Acid and Sulfuric Acid Mists in the 1978 NPCC Rules and Regulations may be considered as guides in determining compliance. in varying quantities. 14 30. in case of industrial dischargers.20. Arsenic. including atmospheric conditions. shall. and c) The kind and extent of all identifiable effects on public health or welfare which may be expected from presence of such pollutant in the ambient air. in case of motor vehicle dischargers.60 Greiss.60 ColorimetricPararosaniline 11.8. Emission Charge System. 0.0. Section 13.2 60 0. 3 Other equivalent methods approved by the Department may be used. among others. Sulfur Dioxide 470. but shall not be limited to nor be less stringent than such standards. Cadmium. Nitrogen Dioxide 375. and the Department of Transportation and Communication (DOTC). Phenol 100 0. 340 0. .03 30 4-Aminoantiphyrine 10. The basis in setting up the ambient air quality guideline values and standards shall reflect.

or prevent pollution.environmental techniques. as the case may be.An Air Quality Management Fund to be administered by the Department as a special account in the National Treasury is hereby established to finance containment. the volume and toxicity of any emitted pollutant. Section 15. Permits. The basis of the fees include. Air Quality Management Fund. to support research. . . charges or fees imposed by the Government. The Department shall give special emphasis to research on and the development of improved methods having industry-wide application for the prevention and control of air pollution. The system shall encourage the industries and motor vehicles to abate. design. the private sector. as well as to provide technical assistance to the relevant agencies. Article Two Air Pollution Clearances and Permits for Stationary Sources Section 16. the academe. proceeds of licenses and permits issued by the Department under this Act. Air Pollution Research and Development Program. other agencies. The Fund shall be sourced from the fines imposed and damages awarded to the Republic of the Philippines by the Pollution Adjudication Board (PAB). . in coordination with the Department of Science and Technology (DOST). . Industries. reduce. Contributions to the Fund shall be exempted from donor taxes and all other taxes. emission fees and from donations. NGO’s and PO’s. the Department shall have the authority to issue permits as it may determine necessary for the prevention and abatement of air pollution. It shall also consider the socio-cultural. shall establish a National Research and Development Program for the prevention and control of air pollution. Section 14. removal.Consistent with the provisions of this Act. but is not limited to. guarantee restoration of ecosystems and rehabilitate areas affected by the acts of violators of this Act. impose on and collect regular emission fees from said dischargers as part of the emission permitting system or vehicle registration renewal system.The Department. enforcement and monitoring activities and capabilities of the relevant agencies. and clean-up operations of the Government in air pollution cases. Such a research and development program shall develop air quality guideline values and standards in addition to internationally-accepted standards. political and economic implications of air quality management and pollution control. which shall install pollution control devices or retrofit their existing facilities with mechanisms that reduce pollution shall be entitled to tax incentives such as but not limited total credits and/or accelerated depreciation deductions. Such fund may likewise be allocated per airshed for the undertakings herein stated. endowments and grants in the forms of contributions.

review. to further improve the emission standards for stationary sources of air pollution. The standards. Pollution From Stationary Sources. These permits shall serve as management tools for the LGUs in the development of their action plan. Article Three Pollution from Stationary Sources Section 19. shall be the limit on the acceptable level of pollutants emitted from a stationary source for the protection of the public’s health and welfare. as well as self-insurance. Financial Liability for Environmental Rehabilitation.The Department may allow each regional industrial center that is designated as special airshed to allocate emission quotas to pollution sources within its jurisdiction that qualify under an environmental impact assessment system programmatic compliance program pursuant to the implementing rules and regulations of Presidential Decree No. whichever is applicable. the Department shall require program and project proponents to put up financial guarantee mechanisms to finance the needs for emergency response. Section 17. Section 18. letters of credit. . nor be less stringent than such standards and with the standards set forth in this section. Such emission standards shall be based on mass rate of emission for all stationary source of air pollution based on internationally accepted standards.Said permits shall cover emission limitations for the regulated air pollutants to help attain and maintain the ambient air quality standards. 1586 and rules and regulations set therefor. Financial liability instruments may be in the form a trust fund. . . surety bonds. Emission Quotas. environmental insurance.The Department shall. where such damages are clearly attributable to that program or project and for a definite period to be determined by the Department and incorporated into the environmental compliance certificate. or as the need therefore arises. clean-up rehabilitation of areas that may be damaged during the program or project’s actual implementation. Liability for damages shall continue even after the termination of a program or project. The choice of the guarantee instruments shall furnish the Department with evidence of availment of such instruments.As part of the environmental management plan attached to the environmental compliance certificate pursuant to Presidential Decree No. 1586. and every two (2) years thereafter. . revise and publish emission standards. within two (2) years from the effectivity of this Act. but not be limited to.

process and fuel-burning equipment or industrial plant emitting air pollutants. the concentration at the point of emission shall not exceed the following limits: Pollutants Standard Applicable to Source Maximum Permissible Limits (mg/Ncm) Any source 10 as Sb AASb 2. Lead Any trade. Hydrofluoric Acids and Fluoride compounds Any source other than the manufacture of Aluminum from Alumina 50 as HF Titration with Ammonium Thiocyanate 7. Carbon Monoxide Any industrial Source 500 as CO Orsat analysis 5. Mercury Any Source 5 as elemental Hg AASb/Cold-Vapor Technique or Hg Analyzer 10.With respect to any trade. Copper and its Compounds Any industrial source 100 ax Cu AASb 6. except Nickel Carbonylf Any source 20 as Ni AASb 1. Cadmium and its compounds Any source 10 as Cd AASb 4. Nickel and its compounds. Hydrogen Sulfide i) Geothermal Power Plants ii) Geothermal Exploration and welltesting iii) Any source other than (i) and (ii) c.d e Cadmium Sulfide Method 7 as H2S Cadmium Sulfide Method 8. industry. Arsenic and its Any source compounds 10 as As AASb 3. industry or process 10 as Pb AASb 9. Antimony and Its compounds Method of Analysisa .

b Atomic Absorption Spectrophometry c All new geothermal power plants starting construction by 01 January 1995 shall control HsS emissions to not more than 150g/GMW-Hr d All existing geothermal power plants shall control HsS emissions to not more than 200g/GMW-Hr.5 mg/Ncm. e Best practicable control technology for air emissions and liquid discharges. Compliance with air and water quality standards is required. f Emission limit of Nickel Carbonyl shall not exceed 0.11. Phosphorus Pentoxideg Any source 200 as P2O5 Spectrophotometr y 13. NOx i) Manufacture of Nitric Acid 2. g Provisional Guideline .000 as acid and NOx and calculated as NO2 Phenol-disulfonic acid Method ii) Fuel burning steam generators Existing Source New Source • Coal-Fired • Oil-Fired iii) Any source other than (i) adn (ii) Existing Source New Source 1.500 as NO2 Phenol-disulfonic acid Method 1. Zinc and its Compounds Any source 100 as Zn AASb 1000 as NO2 500 as NO2 a Other equivalent methods approved by the Department may be used.000 as NO2 500 as NO2 Phenol-disulfonic acid Method 12. within 5 years from the date of efectivity of these revised regulations.

process.5gm. Further.Ncm as SO3 (ii) Fuel burning Equipment 1. etc. Provided.7 gm. That the maximum limits for sulfur oxides in said sources shall be: (1) Existing Sources (i) Manufacture of Sulfuric Acid and Sulf(on)ation Process 2.Ncm as SO2 (iii) Other Stationary Sourcesa 1. Cement Plants (Kilns. cement plants.Ncm as SO3 (ii) Fuel Burning Equipment 0. Other Stationary Sourcesa 200 mg/Ncm a Other Stationary Sources means a trade.0gm.5 gm. incinerators and smelting furnaces.Provided.) 150 mg/Ncm 3. industrial plant.Ncm as SO3 (2) New Sources (i) Manufacture of Sulfuric Acid and Sulf(on)ation Process 1. industrial boilers.Ncm as SO2 . or fuel burning equipment other than thermal power plants.0gm. Smelting Furnaces 150 mg/Ncm 4. That the maximum limits in mg/ncm particulates in said sources shall be: 1. Fuel Burning Equipment a) Urban or Industrial Area 150 mg/Ncm b) Other Area 200 mg/Ncm 2.

2 gm. expressed as nitrogen dioxide for incineration plants with a capacity exceeding 3 tonnes per hour 200 mg/m3 20 mg/m3 60 mg/m3 4 mg/m3 200 mg/m3 400 mg/m3 Nitrogen monoxide (NO) and nitrogen dioxide (NO2). Daily And Half Hourly Average Values Daily Average Values Half Hourly Average Values Total dust 10 mg/m3 30 mg/m3 Gaseous and vaporous organic substances. the following emission standards shall not be exceeded in the exhaust gas: I. Cadmium and its compounds. expressed as nitrogen dioxide for incineration plants with a capacity of 3 tonnes per hour or less 300 mg/m3 Ammonia 10 mg/m3 20 mg/m3 II.05 mg/m3 . For stationary sources of pollution not specifically included in the immediately preceding paragraph. expressed as total 0. fuel burning equipment and incineration.Ncm as SO3 a Other Stationary Sources refer to existing and new stationary sources other than those caused by the manufacture of sulfuric acid and sulfonation process. All the Average Values Over the Sample Period of a Minimum of 4 and Maximum of 8 Hours. expressed as total organic carbon Hydrogen chloride (HCl) Hydrogen fluoride (HF) Sulfur dioxide (SO2) 10 mg/m3 10 mg/m3 1 mg/m3 50 mg/m3 Nitrogen monoxide (NO) and Nitrogen dioxide (NO2). expressed as cadmium (Cd) Thallium and its compounds.(iii) Other Stationary Sourcesa 0.

1 nanogram/m3. expressed as mercury (Hg) 0. expressed as vanadium (V) Tin and its compounds. Existing industries. credible and transparent measurement process shall be allowed a grace period of eighteen (18) months for the establishment of an environmental management system and the installation of an appropriate air pollution control device : Provided. expressed as arsenic (As) Lead and its compounds. the Department shall prepare a detailed action plan setting the emission standards or standards of performance for any stationary source the procedure for testing emissions for each type of pollutant. after a thorough.5 mg/m3 Manganese and its compounds. 8 of this Act. and the procedure for enforcement of said standards. expressed as lead ( Pb) Chromium and its compounds. expressed as nickel (Ni) Vanadium and its compounds. expressed as chromium (Cr) Cobalt and its compounds. That the emission of dioxins and furans into the air shall be reduced by the most progressive techniques: Provided. That an extension of not more than twelve (12) months may be allowed by the Department on meritorious grounds. expressed as copper (Cu) total 0. Further. expressed as manganese (Mn) Nickel and its compounds.thallium (Tl) Mercury and its Compounds. expressed as tin (Sn) These average values cover also gaseous and the vapor forms of the relevant heavy metal emission as well as their compounds: Provided. which are proven to exceed emission rates established by the Department in consultation with stakeholders. expressed as antimony (Sb) Arsenic and its compounds. That all average of dioxin and furans measured over the sample period of a minimum of 5 hours and maximum of 8 hours must not exceed the limit value of 0. Pursuant to Sec. . expressed as cobalt (Co) Copper and its compounds.05 mg/m3 Antimony and its compounds.

uncomposted. Provided. recycling and composting.a) The DOTC shall implement the emission standards for motor vehicles set pursuant to and as provided in this Act. Article Four Pollution from Motor Vehicles Section 21.Incineration. traditional. That existing incinerators dealing with a biomedical wastes shall be out within three (3) years after the effectivity of this Act. unrecycled. which process emits poisonous and toxic fumes is hereby prohibited. Finally. however. The following emission standards for type approval of motor vehicles shall be effective by the year 2003: a) For light duty vehicles. biomedical and hazardous waste. thermal destruction. the Department shall review. hereby defined as the burning of municipal. such units shall be limited to the burning of pathological and infectious wastes. . Ban on Incineration. that in the interim. . Provided. the Department shall promote the use of state-of-the-art. and subject to close monitoring by the Department. To further improve the emission standards. utilization. revise and publish the standards every two (2) years. biomedical and hazardous wastes. agricultural. health. That the prohibition shall not apply to traditional small-scale method of community/neighborhood sanitation "siga". treatment. Further. the exhaust emission limits for gaseous pollutants shall be: Emission Limits for Light Duty Vehicles Type Approval (Directive 91/441/EEC) CO (g/km) HC + NOx (g/km) PMa (g/km) . cultural. Pollution from Motor Vehicles. With due concern on the effects of climate change.Section 20. safety and welfare of the general public. environmentally-sound and safe nonburn technologies for the handling. or as the need arises.Provided. It shall consider the maximum limits for all major pollutants to ensure substantial improvement in air quality for the health. encourage and implement in their respective jurisdiction a comprehensive ecological waste management that includes waste segregation. and disposal of sorted. and food preparation and crematoria. Local government units are hereby mandated to promote.

25 a for compression-ignition engines only c) For heavy duty vehicles.1 8.14 a for compression-ignition engines only b) For light commercial vehicles.9 1.36a a In the case of engines of 85 kW or less. the limit value for particular emissions in increased by multiplying the quoted limit by a coefficient of 1.2. it shall not allow any emission of gases from crankcase ventilation system into the atmosphere.7 Fuel evaporative emission for spark-ignition engines shall not exceed 2.72 0.17 1.7 0. the exhaust emission limit of gaseous pollutants as a function of the given reference mass shall be: Emission Limits for Light Commercial Vehicles Type Approval (Directive 93/59/EEC) Reference Weight (RW) (kg) CO HC + PMa (g/km) (g/km) NOx(g/km ) Category 1 1250< RW 2.5 1. .97 0.14 Category 2 1250< RW<1700 5.72 0.0 grams hydrocarbons per test.4 0. the exhaust emission limits of gaseous pollutants shall be: Emission Limits for Heavy Duty Vehicles Type Approval (Directive 91/542/EEC) CO HC NOx PM (g/k/Wh) (g/k/Wh) (g/k/Wh) (g/k/Wh) 4.0 0.970. Likewise.19 Category 3 RW>1700 6.

DTI and LGUs. together with the DOTC and the Department shall formulate and implement a national motor vehicle inspection and maintenance program that will promote efficient and safe operation of all motor vehicles. the Department of Trade and Industry (DTI). . servicing. Regulation of All Motor Vehicles and Engines. together with the DTI and the Department. To this end. The DOTC may deputize other law enforcement agencies and LGUs for this purpose. the DTI shall develop and implement standards and procedures for the certification of training institutions.Any imported new or locally-assembled new motor vehicle shall not be registered unless it complies with the emission standards set pursuant to this Act. instructors and facilities and the licensing of qualified private service centers and their technicians as prerequisite for performing the testing. repair and the required adjustment to the vehicle emission system. and (3) Authorize private testing emission testing centers duly accredited by the DTI. shall develop an action plan for the control and management of air pollution from motor vehicles consistent with the Integrated Air Quality Framework. as evidenced by a Certificate of Conformity (COC) issued by the Department. sold or used unless it complies with emission standards set pursuant to this Act. in collaboration with the DOTC. Any imported new motor vehicle engine shall not be introduced into commerce.b) The Department. (2) Prohibit or enjoin the use of motor vehicles or a class of motor vehicles in any area or street at specified times. . The DOTC shall enforce compliance with the emission standards for motor vehicles set by the Department. d) In order to ensure the substantial reduction of emissions from motor vehicles. The DTI shall likewise prescribe regulations requiring the disclosure of odometer readings and the use of tamper-resistant odometers for all motor vehicles including tamper-resistant fuel management systems for the effective implementation of the inspection and maintenance program. the DOTC shall have the power to: (1) Inspect and monitor the emissions of motor vehicles. shall establish the procedures for the inspection of motor vehicles and the testing of their emissions for the purpose of determining the concentration and/or rate of pollutants discharged by said sources. Section 22. c) The DOTC. In this regard.

Article Five Pollution from Other Sources Section 24. Such testing shall be conducted by the DOTC or its authorized inspection centers within sixty (60) days prior to date of registration. Chapter 3 Fuels.Smoking inside a public building or an enclosed public place including public vehicles and other means of transport or in any enclosed area outside of one's private residence. Second-Hand Motor Vehicle Engines. 21 of this Act.Any imported second-hand motor vehicle engine shall not be introduced into commerce. .Any imported used motor vehicle or rebuilt motor vehicle using new or used engines. Pollution from smoking. Substances and Pollutants Article One Fuels.The Department. Section 25. the importer or consignee may be allowed to modify or rebuild the vehicular engine so it will be in compliance with applicable emission standards. Pollution from other mobile sources. private place of work or any duly designated smoking area is hereby prohibited under this Act. major parts or components shall not be registered unless it complies with the emission standards. The DTI shall promulgate the necessary regulations prescribing the useful life of vehicles and engines including devices in order to ensure that such vehicles will conform to the emissions which they were certified to meet. sold or used unless it complies with emission standards set pursuant to this Act. . In case of non-compliance. These regulations shall include provisions for ensuring the durability of emission devices. . shall formulate and establish the necessary standards for all mobile sources other than those referred to in Sec. No motor vehicle registration (MVR) shall be issued unless such motor vehicle passes the emission testing requirement promulgated in accordance with this Act. Additives. Section 23. in coordination with appropriate agencies. The imposition of the appropriate fines and penalties from these sources for any violation of emission standards shall be under the jurisdiction of the DOTC. Additives and Substances . This provision shall be implemented by the LGUs.

and c) not later than eighteen (18) months after the effectivity of this Act. dispense. however.05% by weight. transport or introduce into commerce industrial diesel fuel . import. transport or introduce into commerce automotive diesel fuel which contains a concentration of sulfur in excess of 0. dispense. in consultation with the Bureau of Product Standards (BPS) of the DTI. b) not later than eighteen (18) months after the effectivity of this Act. On the basis of such specifications. import. no person shall manufacture.Pursuant to the Air Quality Framework to be established under Section 7 of this Act. dispense. supply.20% by weight with a cetane number of index of not less than forty-eight (48): Provided. That by year 2004. to improve fuel composition for increased efficiency and reduced emissions: Provided. the Department of Energy (DOE). transport or introduce into commerce unleaded premium gasoline fuel which has an anti-knock index (AKI) of not less that 87. Other agencies involved in the performance of this function shall be required to coordinate with the DOE and transfer all documents and information necessary for the implementation of this provision. that by year 2003. offer for sale. the representatives of the fuel and automotive industries. supply. the DOST. supply. academe and the consumers shall set the specifications for all types of fuel and fuel-related products. sell. no Person shall manufacture. it is declared that: a) not later than eighteen (18) months after the effectivity of this Act. content of said sulfur shall be 0. offer for sale. . sell.5 and Reid vapor pressure of not more than 9 psi. Fuels and Additives. Such standards shall be based primarily on threshold levels of health and research studies.Section 26. the DOE shall likewise limit the content or begin that phaseout of additives in all types of fuels and fuel-related products as it may deem necessary.Provided. unleaded gasoline fuel shall contain aromatics not to exceed forty-five percent (45%) by volume and benzene not to exceed four percent (4%) by volume. Consistent with the provisions of the preceding paragraphs under this section. unleaded gasoline fuel should contain aromatics not to exceed thirty-five percent (35%) by volume and benzene not to exceed two percent (2%) by volume. offer for sale. Within six (6) months after the effectivity of this Act. import. that the specifications for all types of fuel and fuel-related products set-forth pursuant to this section shall be adopted by the BPS as Philippine National Standards (PNS). no person shall manufacture. co-chaired by the Department of Environment and Natural Resources (DENR). The DOE shall also specify the allowable content of additives in all types of fuels and fuel-related products. sell.

Prohibition on Manufacture.which contains a concentration of sulfur in excess of 0.In order to prevent the disabling of any emission control device by lead contamination.30% (by weight). processor or trader of any fuel or additive may import. Section 28. Every two (2) years thereafter or as the need arises. shall regulate the use of any fuel or fuel additive. Import and Sale of leaded Gasoline and of Engines and/or Components Requiring Leaded Gasoline.The DOE. or introduce into commerce such fuel for additive unless the same has been registered with the DOE. sell. Prior to registration. Likewise. the specifications of unleaded gasoline and of automotive and industrial diesel fuels shall be reviewed and revised for further improvement in formulation and in accordance with the provisions of this Act. Regulation of Fuels and Fuel Additives. no person shall manufacture. offer for sale. processor or trader shall provide the DOE with the following relevant information: a) Product identity and composition to determine the potential health effects of such fuel additives. and d) Purpose in the use of the fuel and additive. . c) Recommended range of concentration. but not limited to carbon monoxide. sell. . and oxides of nitrogen and particulate matter. in coordination with the Department and the BPS. Misfueling.Effective not later than eighteen (18) months after the enactment of this Act. This prohibition shall also apply to any person who knows or should know that such vehicle is designed solely for the use of unleaded gasoline. hydrocarbons. the same shall be the reference fuels for emission and testing procedures to be established in accordance with the provisions of this Act. No manufacturer. import. b) Description of the analytical technique that can be used to detect and measure the additive in any fuel. the manufacturer. The fuels characterized above shall be commercially available. Any proposed additive shall not in any way increase emissions of any of the regulated gases which shall include. in order to be approved and certified by the Department. . offer for . Section 29. Section 27. no person shall introduce or cause or allow the introduction of leaded gasoline into any motor vehicle equipped with a gasoline tank filler inlet and labeled "unleaded gasoline only".

establish an inventory list of all sources of Persistent Organic Pollutants (POPs) in the country. shall prepare and fully implement a national plan consistent with the United Nations Framework Convention on Climate Change and other international agreements. . introduce into commerce. . convey or otherwise dispose of. and will entail release and emission of radioactive substances into the environment.The Philippine Atmospheric. Within sixty (60) days after the enactment of this Act. The Department. in any manner.sale. Greenhouse Gases. The Department shall develop short-term and long-term national government programs on the reduction and elimination of POPs such as dioxins and furans. leaded gasoline and engines and components requiring the use of leaded gasoline.All projects which will involve the use of atomic and/or nuclear energy. Article Two Other Pollutants Section 30. within a period of two (2) years after the enactment of this Act.The Department shall. Radioactive Emissions.Consistent with the terms and conditions of the Montreal Protocol on Substances that Deplete the Ozone Layer and other international agreements and protocols to which the Philippines is a signatory. . For existing vehicles. Section 33. the Department shall phase out ozone-depleting substances. . Geophysical and Astronomical Service Administration (PAGASA) shall regularly monitor meteorological factors affecting environmental conditions including ozone depletion and greenhouse gases and coordinate with the Department in order to effectively guide air pollution monitoring and standard-setting activities. together with concerned agencies and local government units. Persistent Organic Pollutants. Ozone-Depleting Substances. incident to the establishment . Such programs shall be formulated within a year after the establishment of the inventory list. the DTI shall formulate standards and procedures that will allow non-conforming engines to comply with the use of unleaded fuel within five(5) years after the effectivity of this Act. Section 31. conventions and protocols on the reduction of greenhouse gas emissions in the country. Section 32. the Department shall publish a list of substances which are known to cause harmful effects on the stratospheric ozone layer.

unless a separate.Local Government Units (LGUs) shall share the responsibility in the management and maintenance of air quality within their territorial jurisdiction.The Department. handling. Lead Agency.The Department shall consult. Environmental and Natural Resources Office. . however. To be more effective in this regard. That in case where the board has not been duly constituted and has not promulgated its standards. . Section 36. and use of radioactive materials. LGUs shall implement air quality standards set by the Board in areas within their jurisdiction. . in coordination with Department and other appropriate government agencies. city. or municipality which shall be headed by the environment and natural resources officer and shall be appointed by the Chief Executive of every province. storage. Role of Local Government Units. Chapter 4 Institutional Mechanism Section 34. The Department shall provide the LGUs with technical assistance. Section 37. Consistent with Sections 7.or possession of nuclear energy facilities and radioactive materials. 7160. shall be the primary government agency responsible for the implementation and enforcement of this Act. participate. Linkage Mechanism. the standards set forth in this Act shall apply.Provided. cooperate and enter into agreement with other government agencies. trainings and a continuing capability-building program to prepare them to undertake full administration of the air quality management and regulation within their territorial jurisdiction. . or with affected non-governmental (NGOs) or people's organizations (POs).There may be established an Environment and Natural Resources Office in every province. shall be regulated in the interest of public health and welfare by the Philippine Nuclear Research Institute (PNRI). are: . Its powers and duties. production. unless otherwise provided herein. Section 35. transport.or private enterprises in the furtherance of the objectives of this Act. among others. city or municipality in accordance with the provisions of Section 484 of Republic Act No. 8 and 9 of this Act. comprehensive environmental management agency is created. The Department's Environmental Management Bureau (EMB) shall be converted from a staff bureau to a line bureau for a period of no more than two (2) years.

in accordance with the methods. as the case may be. e) To coordinate with other government agencies and nongovernmental organizations in the implementation of measures to prevent and control air pollution. Monitoring and Entry by the Department. (b) make relevant reports. 7160 and this Act which shall be implemented within its territorial jurisdiction upon the approval of the sanggunian. c) To take the lead in all efforts concerning air quality protection and rehabilitation. conservation and utilization. That in provinces/cities/municipalities where there are no environment and natural resources officers. the local executive concerned may designate any of his official and/or chief of office preferably the provincial. Inspection. after proper consultation and notice. however. (d) sample emission. or any of his employee: Provided. intervals and manner prescribed by the Department. No.a) To prepare comprehensive air quality management programs. city or municipal agriculturist. b) To provide technical assistance and support to the governor or mayor. and f) Exercise such other powers and perform such duties and functions as may be prescribed by law or ordinance: Provided. . plans and strategies within the limits set forth in Republic act. Record-keeping. (c) install. . Finally. require any person who owns or operates any emissions source or who is subject to any requirement of this Act to: (a) establish and maintain relevant records. That in case an employee is designated as such. in carrying out measures to ensure the delivery of basic services and the provision of adequate facilities relative to air quality. Section 38. he must have sufficient experience in environmental and natural resources management. locations.The Department or its duly accredited entity shall. d) To recommend to the Board air quality standards which shall not exceed the maximum permissible standards set by rational laws. use and maintain monitoring equipment or methods.

on its own instance or upon verified complaint by any person. except upon a satisfactory showing to the Department by the entity concerned that the record. Consistent with Sec. Any record. the academe. shall have the right of: (a) entry or access to any premises including documents and relevant materials as referred to in the herein preceding paragraph. Section 39. the Department shall. institute administrative proceedings against any person who violates: (a) Standards or limitation provided under this Act. or parts thereof. monitoring equipment or method required. environmental groups and other private entities in a multi-sectoral information campaign. the Department of Education.Without prejudice to the right of any affected person to file an administrative action. (b) inspect any pollution or waste source. Administrative Action. would divulge secret methods or processes entitled to protection as intellectual property.(e) keep records on control equipment parameters. report or information. Such record. if made public. control device. . through its authorized representatives. or . the Department of Agriculture (DA) and the Philippine Information Agency (PIA). 7 of this Act. the Department. Chapter 5 Actions Section 40. POs. Pursuant to this Act. report or information shall likewise be incorporated in the Department's industrial rating system. . the Department of the Interior and Local Government (DILG). and (c) test any emission. such campaign shall encourage the participation of other government agencies and the private sector including NGOs.A continuing air quality information and education campaign shall promoted by the Department. report or information obtained under this section shall be made available to the public. Culture and Sports (DECS). Public Education and Information Campaign. and (f) provide such other information as the Department may reasonably require. production variables or other indirect data when direct monitoring of emissions is impractical.

as the case may be. improperly performs his duties under this Act or its implementing rules and regulations: Provided. Within thirty (30) days. That no suit can be filed until thirty-day (30) notice has been taken thereon. the court shall dismiss the case and award attorney's fees and double damages. upon prima facie showing of the non-enforcement or violation complained of. Suits and Strategic Legal Actions Against Public Participation and the Enforcement of This Act. the court shall make a determination if the compliant herein is malicious and/or baseless and shall accordingly dismiss the action and award attorney's fees and damages. to immediately make a determination not exceeding thirty (30) days whether said legal action has been filed to harass. Such civil action shall proceed independently. or.For purposes of enforcing the provisions of this Act or its implementing rules and regulations. . The court shall exempt such action from the payment of filing fees. evidence warranting the same. and/or (c) Any public officer who willfully or grossly neglects the performance of an act specifically enjoined as a duty by this Act or its implementing rules and regulations. in any manner. 41 of this Act. any citizen may file an appropriate civil. except fees for actions not capable of pecuniary estimations. or (b) The Department or other implementing agencies with respect to orders. rules and regulations issued inconsistent with this Act. Citizen Suits. or abuses his authority in the performance of his duty. . Section 43. . Upon determination thereof. institution or government agency that implements this Act. Section 41. it shall be the duty of the investigating prosecutor or the court. or against any person. rule or regulation issued by the Department with respect to such standard or limitation.(b) Any order.Where a suit is brought against a person who filed an action as provided in Sec. vex. . exert undue pressure or stifle such legal recourses of the person complaining of or enforcing the provisions of this Act. criminal or administrative action in the proper courts against: (a) Any person who violates or fails to comply with the provisions of this Act or its implementing rules and regulations. exempt the plaintiff from the filing of an injunction bond for the issuance of a preliminary injunction.The filing of an administrative suit against such person/entity does not preclude the right of any other person to file any criminal or civil action. however. and shall likewise. Independence of Action. Section 42.

. the amount of fine for negligence shall be equivalent to one-half of the fine for willful violation.For actual exceedance of any pollution or air quality standards under this Act or its rules and regulations. the first time offender's ability to pay may likewise be considered by the Pollution Adjudication Board: Provided. Chapter 6 Fines and Penalties Section 45. enjoy preference to laborer's wages under Articles 2241 and 2242 of Republic Act No. the PAB shall order closure.Fines and penalties imposed pursuant to this Act shall be liens upon personal or immovable properties of the violator. history of non-compliance and degree of recalcitrance: Provided. . Further. Violation of Standards for Stationary Sources. For purposes of the application of the fines.This provision shall also apply and benefit public officers who are sued for acts committed in their official capacity. through the Pollution Adjudication Board (PAB). That in case of negligence. the PAB shall prepare a fine rating system to adjust the maximum fine based on the violator's ability to pay. This paragraph shall be without prejudice to the immediate issuance of an ex parte order for such closure. in case of insolvency of the respondent violator. their being no grave abuse of authority. Such lien shall. The fines herein prescribed shall be increased by at least ten percent (10%). construction. or cessation of operations during the pendency of the case upon prima facie evidence that their is imminent threat to life. or operations of the stationary sources until such time that proper environmental safeguards are put in place: Provided. or to plant or animal life. degree of negligence. That in the absence of any extenuating or aggravating circumstances. suspension of development.00) for every day of violation against the owner or operator of a stationary source until such time that the standards have been complied with. In addition to the fines. 386. Lien Upon Personal and Immovable Properties of Violators. safety or general welfare. public health. That an establishment liable for a third offense shall suffer permanent closure immediately. . every three (3) years to compensate for inflation and to maintain the deterrent function of such fines. suspension of development or construction.000. or whenever there is an exceedance of the emission standards set by the Department and/or the Board and/or the appropriate LGU. degree of willfulness. the Department. shall impose a fine of not more than One hundred thousand pesos (P100. Section 44. and done in the course of enforcing this Act. otherwise known as the New Civil Code of the Philippines.

such as. For this purpose. The owner/operator of the vehicle shall be required to correct its defects and show proof of compliance to the appropriate pollution control office before the vehicle can be allowed to be driven on any public or subdivision roads.000.00). b) Second Offense .one (1) year suspension of the Motor Vehicle Registration (MVR) and a fine of not less than Four Thousand Pesos (P4.000.00) and not more than Six thousand pesos (P6.00) or cancellation of license of both the technician and the center. All law enforcement officials and deputized agents accredited to conduct vehicle emissions testing and apprehensions shall undergo a mandatory training on emission standards and regulations. Violation of Standards for Motor Vehicles. Otherwise. the DOTC or its authorized testing center shall establish a roadside inspection system. the driver and operator of the apprehended vehicle shall undergo a seminar on pollution control management conducted by the DOTC and shall also suffer the following penalties: a) First Offense .00) and not to exceed Four Thousand Pesos (P4. the vehicle shall be immediately released. as determined by the DTI.a fine not to exceed Two Thousand Pesos (P2. For this purpose. DOST.000. and c) Third offense . A pass shall herein be issued by the DOTC to authorize the use of the motor vehicle within a specified period that shall not exceed seven (7) days for the sole purpose of making the necessary repairs on the said vehicle. including technicians and facility compliance shall penalized with a fine of not less than Thirty Thousand Pesos (P30.00). a testing result indicating an exceedance of the emission standards would warrant the continuing custody of the impounded vehicle unless the appropriate penalties are fully paid. 21 paragraph (d) with regard to national inspection and maintenance program.000. and the license plate is surrendered to the DOTC pending the fulfillment of the undertaking by the owner/operator of the motor vehicle to make the necessary repairs so as to comply with the standards. the Department. together with the DOTC. Any violation of the provisions of Sec. 21 hereof.000.00).No motor vehicle shall be registered with the DOTC unless it meets the emission standards set by the Department as provided in Sec. DTI. but not limited to smoke-belching. Should it be shown that there was no violation of emission standards. .000. or both. shall be subjected to an emission test by a duly authorized emission testing center. In addition.a fine not less than Two Thousand Pesos (P2.Section 46. Philippine National Police . Any vehicle suspected of violation of emission standards through visual signs.

000) or six (6) months to six (6) years imprisonment or both shall be imposed.000. . the president. If the offender is a juridical person. and (d) irreparable or grave damage to the environment as a consequence of any violation of the provisions of this Act.An amount of Seven Hundred Fifty Million Pesos (P750. (c) blatant disregard of the orders of the PAB. Gross violation shall mean: (a) three (3) or more specific offenses within a period of one (1) year.(PNP) and other concerned agencies and private entities shall design a training program. the PAB shall recommend to the proper government agencies to file the appropriate criminal charges against the violators. manager. a fine of not less than Ten thousand pesos (P10. or operation despite the existence of an order for closure. the pollution control officer or the officials directly in charge of the operations shall suffer the penalty herein provided. trustees. Potential Loss or Shifts of Employment.000. retraining and relocation program to assist workers laid off due to a company's compliance with the provisions of this Act. manager.The Secretary of Labor is hereby authorized to establish a compensation. . . padlocks and other similar devices. the president. Chapter 7 Final Provisions Section 49. (b) three (3) or more specific offenses with three (3) consecutive years. directors. . Gross Violations. trustees. the pollution control officer or the officials directly in charge of the operations shall suffer the penalty herein provided.000) but not more than One Hundred thousand Pesos (P100. directors. Offenders shall be punished with imprisonment of not less than six (6) years but not more than ten (10) years at the discretion of the court. Fines and Penalties for Violations of Other Provisions in the Act. Section 48. Section 50.For violations of all other provisions provided in this Act and of the rules and regulations thereof. Appropriations. The PAB shall assist the public prosecutor in the litigation of the case.In case of gross violation of this Act or its implementing rules and regulations. If the offender is a juridical person. such s but not limited to the breaking of seal. Section 47. discontinuance or cessation of operation.00) shall be appropriated for the initial implementation .

Section 51. All other laws. .000. 1586 and Presidential Decree No. respectively. orders.00) to the DTI. shall promulgate the implementing rules and regulations for this Act. Section 52. Separability of Provisions. Section 55. Two Hundred Million Pesos (P200.00) to the DOTC. Repealing Clause.The Department shall report to Congress. . within one (1) year after the enactment of this Act:Provided. The mandate given to the joint congressional oversight committee under this Act shall be without prejudice to the performance of the duties and functions by the respective existing oversight committees of the Senate and the House of Representatives. .000.000.of this Act. That rules and regulations issued by other government agencies and instrumentalities for the prevention and/or abatement of pollution not inconsistent with this Act shall supplement the rules and regulations issued by the Department pursuant to the provisions of this Act. 1152. rules and . Implementing Rules and Regulations. Presidential Decrees Nos. 1181 is hereby repealed. the oversight committee shall be co-chaired by a senator and a representative designated by the Senate President and the Speaker of the House of Representatives. Section 54. respectively. 984 are partly modified. Thereafter.If any provision of this Act or the application of such provision to any person or circumstances is declared unconstitutional. Report to Congress. the amount necessary to effectively carry out the provisions of this Act shall be included in the General Appropriations Act. respectively and other agencies.000. One Hundred Fifty Million Pesos (P150. the remainder of the Act or the application of such provision to other person or circumstances shall not be affected by such declaration.00) to the DOE.000.There is hereby created a joint congressional oversight committee to monitor the implementation of this Act.000.The Department.000. not later than March 30 of every year following the approval of this Act. Section 53. .00) shall be appropriated to the Department. of which. .000. issuance. the amount of Three Hundred Million Pesos (P300. in coordination with the Committees on Environment and Ecology of the Senate and House of Representatives. The committee shall be composed of five (5) senators and five (5) representatives to be appointed by the Senate President and the Speaker of the House of Representatives. the progress of the pollution control efforts and make the necessary recommendations in areas where there is need for legislative action.Presidential Decree No. and One Hundred Million Pesos (P100. Joint Congressional Oversight Committee.

June 23.lawphil.This Act shall take effect fifteen (15) days from the date of its publication in the Official Gazette or in at least two (2) newspapers of general circulation. Article II. Section 56. 2.. Jr. 1993) http://www. country. Cancel all existing Timber Licensing Agreements (TLA) in the 2. his agents. processing. G. B) Case Reading . Plaintiffs have no cause of action against him. et al. representatives and other persons acting in his behalf to: 1.regulations inconsistent herewith are hereby repealed or modified accordingly. Effectivity. 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. 1987 Philippine Constitution.R. The defendant filed a motion to dismiss the complaint on the following grounds: 1. No.” 8.” They alleged that they have a clear and constitutional right to a balanced and healthful ecology and are entitled to protection by the State in its capacity as parens patriae.ht ml DIGEST FACTS: A taxpayer’s class suit was filed by minors Juan Antonio Oposa.. section 16 Section 16. accepting. and granting the plaintiffs “such other reliefs just and equitable under the premises.Antonio Oposa vs Secretary Fulgencio Factoran. or appraising new TLAs. Approved. .net/judjuris/juri1993/jul1993/gr_101083_1993. and represented by their parents against Fulgencio Factoran Jr. renewing. The issues raised by the plaintiffs is a political question which properly pertains to the legislative or executive branches of the government. they claim that the act of the defendant in allowing TLA holders to cut and deforest the remaining forests constitutes a misappropriation and/or impairment of the natural resources property he holds in trust for the benefit of the plaintiff minors and succeeding generations. Cease and desist from receiving. Furthermore. . They prayed that judgment be rendered ordering the defendant. representing their generation and generations yet unborn. 1999. Secretary of DENR. 101083 (July 30.

Needless to say. The Supreme Court ruled that they can. the minor’s assertion of their right to a sound environment constitutes at the same time. and utilization be equitably accessible to the present as well as the future generations. Their personality to sue in behalf of succeeding generations is based on the concept of intergenerational responsibility insofar as the right to a balanced and healthful ecology is concerned. waters. Such a right considers the “rhythm and harmony of nature” which indispensably include.ISSUE: Do the petitioner-minors have a cause of action in filing a class suit to “prevent the misappropriation or impairment of Philippine rainforests?” HELD: Yes. Petitioner-minors assert that they represent their generation as well as generations to come. land. wildlife. and for the succeeding generation. development. file a class suit. offshore areas and other natural resources to the end that their exploration. . inter alia. every generation has a responsibility to the next to preserve that rhythm and harmony for the full enjoyment of a balanced and healthful ecology. for others of their generation. for themselves. utilization. the judicious disposition. Put a little differently. the performance of their obligation to ensure the protection of that right for the generations to come. fisheries. management. renewal and conservation of the country’s forest. mineral.