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Environmental Law seized several Canadian sealing vessels in 1886 and their development planning and the need

their development planning and the need for making


instituted condemnation proceedings in an Alaskan court. available to them, upon their request, additional
A. Basic Concepts The proceeds were given to the Alaskan Commercial international technical and financial assistance for this
Company as compensation. purpose.
Environment
These actions outraged the Canadian and British Principle 13:In order to achieve a more rational
Environmental Law collective body of rules and governments, who disputed the U.S. claim that it management of resources and thus to improve the
regulations, orders and statutes, constraints and controlled not just the three-miles of sea bordering the environment, States should adopt an integrated and
allowances that are all concerned with the maintenance Pribilof Islands but the entire Bering Sea. After several coordinated approach to their development planning so as
and protection of the natural environment of a country. years of tensions and additional vessel seizures, the three to ensure that development is compatible with the need to
Legal basis for measuring active accountability and liability countries agreed to arbitration by an international tribunal protect and improve environment for the benefit of their
of environmental crime or failure to comply with legal in Paris. The tribunal issued its decision in 1893. It rejected population.
provisions. Legal constraints on economic activities in an the U.S. claim of total control of the Bering Sea and
environment. awarded the Canadian owners of the seized ships Principle 21: States have, in accordance with the Charter
$473,000 in damages. The tribunal also imposed of the United Nations and the principles of international
International Environmental Law comprised of restrictions on pelagic sealing, but it failed to control the law, the sovereign right to exploit their own resources
substantive, procedural, institutional rules of internal laws problem. In 1911 the United States, Great Britain, Russia, pursuant to their own environmental policies, and the
which have for their primary objective the protection of and Japan signed a treaty that prohibited pelagic sealing responsibility to ensure that activities within their
the environment. for a period of time and then placed limits on how many jurisdiction or control do not cause damage to the
seals could be hunted. The agreement was an important environment of other States or of areas beyond the limits
National Environmental Law body of rules, regulations, step in seeking international consensus on environmental of national jurisdiction.
statutes, concerned with the maintenance and protection matters.
of the national environment. Principle 22: States shall cooperate to develop further the
Stockholm Declarations - United Nations Conference on international law regarding liability and compensation for
B. Evolution of International Environmental Law the Human Environment the victims of pollution and other environmental damage
caused by activities within the jurisdiction or control of
Pacific Fur Arbitration Case Bearing Sea Dispute Principle 1: Man has the fundamental right to freedom, such States to areas beyond their jurisdiction.
equality and adequate conditions of life, in an environment
The Bering Sea Dispute involved a late nineteenth-century of a quality that permits a life of dignity and well-being, Principle 23: Without prejudice to such criteria as may be
controversy between the United States on one side and and he bears a solemn responsibility to protect and agreed upon by the international community, or to
Great Britain and Canada on the other side over the improve the environment for present and future standards which will have to be determined nationally, it
international status of the Bering Sea. The dispute was generations. In this respect, policies promoting or will be essential in all cases to consider the systems of
generated over the U.S. assertion that it controlled the perpetuating apartheid, racial segregation, discrimination, values prevailing in each country, and the extent of the
Bering Sea and all seal hunting off the coast of Alaska. The colonial and other forms of oppression and foreign applicability of standards which are valid for the most
dispute, which led to the seizure of a number of Canadian domination stand condemned and must be eliminated. advanced countries but which may be inappropriate and of
ships by the United States, was finally resolved by an unwarranted social cost for the developing countries.
international Arbitration in 1893. Principle 6: The discharge of toxic substances or of other
substances and the release of heat, in such quantities or Principle 24: International matters concerning the
The Bering Sea is the northernmost part of the Pacific concentrations as to exceed the capacity of the protection and improvement of the environment should be
Ocean. After the United States purchased Alaska from environment to render them harmless, must be halted in handled in a cooperative spirit by all countries, big and
Russia in 1867, it assumed the right of control over the order to ensure that serious or irreversible damage is not small, on an equal footing.
Bering Sea that had been held by Russia. The dispute arose inflicted upon ecosystems. The just struggle of the peoples Cooperation through multilateral or bilateral arrangements
after the Alaska Commercial Company, a U.S. business that of ill countries against pollution should be supported. or other appropriate means is essential to effectively
had a Monopoly on killing seals for their furs, found that control, prevent, reduce and eliminate adverse
Canadian hunters were killing seals as they swam through Principle 12: Resources should be made available to environmental effects resulting from activities conducted
the ocean each spring toward their summer homes in the preserve and improve the environment, taking into in all spheres, in such a way that due account is taken of
Pribilof Islands. The Pribilof Islands were part of the U.S. account the circumstances and particular requirements of the sovereignty and interests of all States.
Alaskan territories. Fearing that the herds would be killed developing countries and any costs which may emanate-
off by pelagic (open-sea) sealing, the U.S. government from their incorporating environmental safeguards into
Nuclear Tests Case (Australia & New Zealand v. France) Permanent sovereignty of State over natural resources with respect to the development, implementation and
and the obligation not to cause harm Principle 21 enforcement of environmental laws, regulations and
Procedural History: policies
Proceeding before the International Court of Justice. Sustainable development development that meets the
need not only in the present generation, but for generation D. Common Legal Mechanisms of Environmental
Overview: to come Protection
Australia and New Zealand (P) demanded that France (D)
cease atmospheric nuclear tests in the South Pacific. Precautionary principle - In order to protect the 1. Prohibiting and Restricting Activities and
France (D) completed a series of nuclear tests in the South environment, the precautionary approach shall be widely Substances
Pacific. Australia and New Zealand (P) applied to the !.C.). applied by States according to their capabilities. Where
demanding that France (D) cease testing immediately. there are threats of serious or irreversible damage, lack of Polluting activities - If an activity, product or process
While the case was pending, France (D) announced the full scientific certainty shall not be used as a reason for presents a substantial risk of environmental harm, strict
series of tests was complete and that it did not plan any postponing cost-effective measures to prevent measures can be imposed in an effort to reduce or
further such tests. France (D) moved to dismiss the environmental degradation eliminate the harm. When the likelihood of risk is too
applications. great, a complete prohibition can be enacted.
Polluters pay principle - National authorities should Environmental laws often call for restricting or banning
Issue: endeavor to promote the internalization of environmental hazardous products, processes or activities.
May declarations made by way of unilateral acts have the costs and the use of economic instruments, taking into
effect of creating legal obligations? account the approach that the polluter should, in principle, Use of biological resources - Hunting and collecting
bear the cost of pollution, with due regard to the public restrictions are used to prohibit non-selective means of
Rule: interest and without distorting international trade and killing or capturing specimens of wildlife. More generally,
Declarations made by way of unilateral acts may have the investment. protective measures may restrict injury to and destruction
effect of creating legal obligations. or taking of some or all wild plants and animals
Common but differentiated principle - States shall
Analysis: cooperate in a spirit of global partnership to conserve, 2. Product and Process Standards
The unilateral statements made by French authorities were protect and restore the health and integrity of the Earth's
first communicated to the government of Australia. To ecosystem. In view of the different contributions to global a. Process standards specify design requirements
have legal effect there was no need to the statements to environmental degradation, States have common but or operating procedures applicable to fixed
be directed to any particular state. The general nature and differentiated responsibilities. The developed countries installations such as factories or may designate
characteristics of the statements alone were relevant for acknowledge the responsibility that they bear in the permissible means and methods of activities like
evaluation of their legal implications. international pursuit to sustainable development in view of hunting or fishing. Sometimes, a particular
the pressures their societies place on the global production process or technique is imposed on
Outcome: environment and of the technologies and financial operations, such as the installation of purification
Yes. Declarations made by way of unilateral acts may have resources they command. or filtration systems in production facilities.
the effect of creating legal obligations. The sole relevant Process standards often are used to regulate the
question is whether the language employed in any given Preventive action prevention of damage to environment, operations of hazardous activities posing a risk of
declaration reveals a clear intention. One of the basic or otherwise, to reduce, limit or control activities which accidents or other dangers.
principles governing the creation and performance of legal might cause or risk such damage
obligations is the principle of good faith. The statements b. Product standards are used for items that are
made by the President of the French Republic must be Intergenerational responsibility - every generation has a created or manufactured for sale or distribution.
held to constitute an engagement of the State in regard to responsibility to the next to preserve that rhythm and Such standards may regulate:
the circumstances and intention with which they were harmony for the full enjoyment of a balanced and
made. The statements made by the French authorities are healthful ecology. Put a little differently, the right to a The physical or chemical composition of items
therefore relevant and legally binding. Applications sound environment constitutes, at the same time, the such as pharmaceuticals or detergents. Examples
dismissed. performance of their obligation to ensure the protection of include regulations that control the sulphur
that right for the generations to come content of fuels or list substances whose
C. Principles of Environmental Law presence is forbidden in certain products, for
Environmental Justice fair treatment and meaningful instance, mercury in pesticides.
involvement of all people regardless of race, color, or sex
The technical performance of products, such as Land use controls play a major role in environmental law 3. Stockholm Conference on the Human
maximum levels of pollutant or noise emissions for both urban and rural areas, through zoning, physical Environment (1972) purpose is to discuss the
from motor vehicles or specifications of required planning, and the creating of protected areas. state of global environment. 26 principles.
product components such as catalytic converters
The handling, presentation and packaging of II. International Responses to Environmental Issues B. Conventions on Climate Change and the Ozone
products, particularly those that are toxic. Layer
Packaging regulations may focus on waste A. Conferences/Declarations on the Environment
minimization and safety. 1. UN Framework Convention on Climate Change
Labeling requirements are used to ensure that 1. United Nations Conference on Environment and (UNFCCC) (1992) The main objective is to
consumers are aware of the contents and the Development (June 1992) the primary goal is achieve, in accordance with the relevant
permissible uses of products. Labeling to establish a new and equitable global provisions of the Convention, stabilization of
requirements often aim to avoid accidental partnership through the creation of new levels of greenhouse gas concentrations in the
environmental harm through misuse, spills or cooperation among states, key sectors of atmosphere at a level that would prevent
improper disposal of the product. Eg. green or societies and people, and to work towards dangerous anthropogenic (originating in human
ecolabel international agreements which respects the activity) interference with the climate system.
interest of all and protect the integrity of the 2. Vienna Convention for the Protection of the
c. Emission Standards global environmental and developmental system. Ozone Layer (1985) the convention is aimed at
It also recognizes the integral and independent addressing the adverse effects of human
Emission standards specify the quantity or concentration nature of the Earth. technology and development to the ozone
of pollutants that can be emitted in discharges from a 2. World Charter of Nature (1982) It proclaims layer which is the layer of atmospheric ozone
specific source. As a general rule, emission standards apply five "principles of conservation by which all human above the planetary boundary layer
conduct affecting nature is to be guided and 3. Montreal Protocol on Substances that Deplete
to fixed installations, such as factories or homes; mobile
judged."
sources of pollution are more often regulated by product the Ozone Layer (1987) is a legally binding
a. Nature shall be respected and its
standards. essential processes shall not be international agreement to gradually reduce and
impaired. eliminate consumption of ozone depleting
d. Ambient emission standard b. The genetic viability on the earth shall substances (ODS).
not be compromised; the population 4. Amendments to the Montreal Protocol, London
Ambient quality standards fix the maximum allowable level levels of all life forms, wild and (1990) and Copenhagen (1992)
domesticated, must be at least sufficient
of pollution in an environmental sector during normal 5. Kyoto Protocol to the UNFCCC (1997) main
for their survival, and to this end
periods. necessary habitats shall be objective was to establish a legally binding
safeguarded. international agreement, whereby all the
3. Licensing and Permits c. All areas of the earth, both land and participating nations would commit themselves
sea, shall be subject to these principles to tackling the issue of global warming and
4. Prior Informed Consent of conservation; special protection shall greenhouse gas emissions.
be given to unique areas, to
representative samples of all the
Prior informed consent (PIC) is a procedural mechanism different types of ecosystems and to the C. Convention on Biological Diversity and Related
utilized in advance of activities in order to avoid potential habitats of rare or endangered species. Agreements
conflict and reduce the risks of environmental or social d. Ecosystems and organisms, as well as
harm. the land, marine and atmospheric 1. Convention on International Trade in
resources that are utilized by man, shall Endangered Species of Fauna and Flora (CITES)
be managed to achieve and maintain
5. Environmental Impact Assessment optimum sustainable productivity, but
(1973) its objective is to ensure the protection
not in such a way as to endanger the of wild fauna and flora against over-exploitation
Environmental impact assessment (EIA) seeks to ensure integrity of those other ecosystems or through international trade.
that adequate and early information is obtained on likely species with which they coexist. 2. Convention on Biological Diversity (CBD) (1992)
environmental consequences of development projects, on e. Nature shall be secured against is aimed at (1) the conservation of biological
degradation caused by warfare or other diversity, (2) the sustainable use of its
possible alternatives, and on measures to mitigate harm
hostile activities.
components, and (3) the fair and equitable
6. Land Use Regulation sharing of the benefits arising out of the
utilization of genetic resources
3. Cartagena Protocol on Biosafety aims to 5. Stockholm Convention on Persistent Organic searches and seizures of whatever nature and for any
ensure the safe handling, transport, and use of Pollutants (2001) objective is to protect human purpose shall be inviolable, and no search warrant or
living modified organisms (LMOs) resulting from health and the environment from persistent warrant of arrest shall issue except upon probable cause to
modern biotechnology that may have adverse organic pollutants be determined personally by the judge after examination
effects on biological diversity, taking also into under oath or affirmation of the complainant and the
account risks to human health, and specifically III. Philippine Responses to Environmental Issues witnesses he may produce, and particularly describing the
focusing on transboundary movements. place to be searched and the persons or things to be
4. Nagoya Protocol on Access and Benefit Sharing B. Philippine Legal Framework for Environmental seized.
(2010) is an international agreement which Protection
aims at sharing the benefits arising from the Sec. 7. The right of the people to information on matters of
utilization of genetic resources in a fair and I. 1987 Constitution public concern shall be recognized. Access to official
equitable way, including by appropriate access to records, and to documents and papers pertaining to official
genetic resources and by appropriate transfer of Art. I. NATIONAL TERRITORY acts, transactions, or decisions, as well as to government
relevant technologies, taking into account all research data used as basis for policy development, shall
rights over those resources and to technologies, The national territory comprises the Philippine be afforded the citizen, subject to such limitations as may
and by appropriate funding, thereby contributing archipelago, with all the islands and waters embraced be provided by law.
to the conservation of biological diversity and therein, and all other territories over which the Philippines
the sustainable use of its components. has sovereignty or jurisdiction, consisting of its terrestrial, ARTICLE XII
fluvial and aerial domains, including its territorial sea, the NATIONAL ECONOMY AND PATRIMONY
D. Environmental Threats from Hazardous Toxic seabed, the subsoil, the insular shelves, and other
Wastes submarine areas. The waters around, between, and Sec. 1. The goals of the national economy are a more
connecting the islands of the archipelago, regardless of equitable distribution of opportunities, income, and
1. International convention for the Protection of their breadth and dimensions, form part of the internal wealth; a sustained increase in the amount of goods and
the Sea by Oil (1963) aimed to take action to waters of the Philippines. services produced by the nation for the benefit of the
prevent pollution of the sea by oil discharged people; and an expanding productivity as the key to raising
from ships. ARTICLE II. DECLARATION OF PRINCIPLES AND STATE the quality of life for all, especially the underprivileged.
2. Prevention of Marine Pollution and Waste POLICIES PRINCIPLES
Dumping (MARPOL) (1972) is the main The State shall promote industrialization and full
international convention covering prevention of State Policies employment based on sound agricultural development
pollution of marine environment by ships from and agrarian reform, through industries that make full of
operational or accidental causes. Sec. 15. The State shall protect and promote the right to efficient use of human and natural resources, and which
3. Basel Convention (1989) first global health of the people and instill health consciousness are competitive in both domestic and foreign markets.
environmental treaty addressing the among them. However, the State shall protect Filipino enterprises
international transfer of hazardous wastes. The against unfair foreign competition and trade practices.
main purpose of the Convention is to regulate Sec. 16. The State shall protect and advance the right of
the transboundary movement of toxic and the people to a balanced and healthful ecology in accord In the pursuit of these goals, all sectors of the economy
hazardous wastes. with the rhythm and harmony of nature. and all region s of the country shall be given optimum
4. Rotterdam Convention (1998) The objective of opportunity to develop. Private enterprises, including
this Convention is to promote shared Sec. 25. The State shall ensure the autonomy of local corporations, cooperatives, and similar collective
responsibility and cooperative efforts among governments. organizations, shall be encouraged to broaden the base of
Parties in the international trade of certain their ownership.
hazardous chemicals in order to protect human ARTICLE III. BILL OF RIGHTS
health and environment from potential harm and Sec. 2. All lands of the public domain, waters, minerals,
to contribute to their environmentally sound use, Sec. 1. No person shall be deprived of life, liberty, or coal, petroleum, and other mineral oils, all forces of
by facilitating information exchange about their property without due process of law, nor shall any person potential energy, fisheries, forests or timber, wildlife, flora
characteristics, by providing for a national be denied the equal protection of the laws. and fauna, and other natural resources are owned by the
decision-making process on their import and State. With the exception of agricultural lands, all other
export and by disseminating these decisions to Sec. 2. The right of the people to be secure in their natural resources shall not be alienated. The exploration,
the Parties. persons, houses, papers, and effects against unreasonable development, and utilization of natural resources shall be
under the full control and supervision of the State. The a longer period than fifty years. Neither shall any such AGRARIAN AND NATURAL RESOURCES REFORM
State may directly undertake such activities, or it may franchise or right be granted except under the condition Sec. 7. The State shall protect the rights of subsistence
enter into co-production, joint venture, or production- that it shall be subject to amendment, alteration, or repeal fishermen, especially of local communities, to the
sharing agreements with Filipino citizens, or corporations by the Congress when the common good so requires. The preferential use of the communal marine and fishing
or associations at least 60 per centum of whose capital is State shall encourage equity participation in public utilities resources, both inland and offshore. It shall provide
owned by such citizens. Such agreements may be for a by the general public. The participation of foreign investors support to such fishermen through appropriate technology
period not exceeding twenty-five years, renewable for not in the governing body of any public utility enterprise shall and research, adequate financial, production, and
more than twenty-five years, and under such terms and be limited to their proportionate share in its capital, and all marketing assistance, and other services. The State shall
conditions as may provided by law. In cases of water rights the executive and managing officers of such corporation or also protect, develop, and conserve such resources. The
for irrigation, water supply, fisheries, or industrial uses association must be citizens of the Philippines. protection shall extend to offshore fishing grounds of
other than the development of waterpower, beneficial use subsistence fishermen against foreign intrusion.
may be the measure and limit of the grant. Sec. 12. The State shall promote the preferential use of Fishworkers shall receive a just share from their labor in
Filipino labor, domestic materials and locally produced the utilization of marine and fishing resources.
The State shall protect the nations marine wealth in its goods, and adopt measures that help make them
archipelagic waters, territorial sea, and exclusive economic competitive. ROLE AND RIGHTS OF PEOPLE'S ORGANIZATIONS
zone, and reserve its use and enjoyment exclusively to
Filipino citizens. Sec. 14. The sustained development of a reservoir of Sec. 15. The State shall respect the role of independent
national talents consisting of Filipino scientists, people's organizations to enable the people to pursue and
The Congress may, by law, allow small-scale utilization of entrepreneurs, professionals, managers, high-level protect, within the democratic framework, their legitimate
natural resources by Filipino citizens, as well as cooperative technical manpower and skilled workers and craftsmen in and collective interests and aspirations through peaceful
fish farming, with priority to subsistence fishermen and all fields shall be promoted by the State. The State shall and lawful means.
fish workers in rivers, lakes, bays, and lagoons. encourage appropriate technology and regulate its transfer
for the national benefit. The practice of all professions in People's organizations are bona fide associations of
The President may enter into agreements with foreign- the Philippines shall be limited to Filipino citizens, save in citizens with demonstrated capacity to promote the public
owned corporations involving either technical or financial cases prescribed by law. interest and with identifiable leadership, membership, and
assistance for large-scale exploration, development, and structure.
utilization of minerals, petroleum, and other mineral oils Sec. 22. Acts which circumvent or negate any of the
according to the general terms and conditions provided by provisions of this Article shall be considered inimical to the Sec. 16. The right of the people and their organizations to
law, based on real contributions to the economic growth national interest and subject to criminal and civil sanctions, effective and reasonable participation at all levels of social,
and general welfare of the country. In such agreements, as may be provided by law. political, and economic decision-making shall not be
the State shall promote the development and use of local abridged. The State shall, by law, facilitate the
scientific and technical resources. ARTICLE XIII establishment of adequate consultation mechanisms.
SOCIAL JUSTICE AND HUMAN RIGHTS
The President shall notify the Congress of every contract II. Case Law
entered into in accordance with this provision, within Sec. 1. The Congress shall give highest priority to the
thirty days from its execution. enactment of measures that protect and enhance the right Minors Oposa v. Factoran
of all the people to human dignity, reduce social, G.R. No. 101083
Sec. 7. Save in cases of hereditary succession, no private economic, and political inequalities, and remove cultural July 30, 1993
lands shall be transferred or conveyed except to inequities by equitably diffusing wealth and political power
individuals, corporations, or associations qualified to for the common good. Issue: WON the petitioners can sue in behalf of the future
acquire or hold lands of the public domain. generation
To this end, the State shall regulate the acquisition,
Sec. 11. No franchise, certificate, or any other form of ownership, use, and disposition of property and its Held:
authorization for the operation of a public utility shall be increments.
granted except to citizens of the Philippines or to Yes. Under the principle of intergenerational
corporations or associations organized under the laws of Sec. 2. The promotion of social justice shall include the responsibility, every generation has a responsibility to the
the Philippines, at least sixty per centum of whose capital commitment to create economic opportunities based on next to preserve that rhythm and harmony for the full
is owned by such citizens; nor shall such franchise, freedom of initiative and self-reliance. enjoyment of a balanced and healthful ecology. Put a little
certificate, or authorization be exclusive in character or for
differently, the right to a sound environment constitutes, at serious or irreversible harm to the environment in and their disposition, exploitation, development, or
the same time, the performance of their obligation to situations of scientific uncertainty. Its premise is that utilization shall be limited to citizens of the Philippines, or
ensure the protection of that right for the generations to where the uncertainty or ignorance exists concerning the to corporations or associations at least sixty per centum of
come nature or scope of the environmental harm (whether this the capital of which is owned by such citizens, subject to
follows from policies, decisions or activities), decision- any existing right, grant, lease, or concession at the time of
makers should be cautious. the inauguration of the Government established under this
Valmonte v. Belmonte Constitution. Natural resources, with the exception of
G.R No. 74930 Based on these statements and the fact that there was no public agricultural land, shall not be alienated, and no
February 13, 1989 conclusive evidence concerning the key issues surrounding license, concession, or lease for the exploitation,
the endangered fauna, there was little degree of certainty development, or utilization of any of the natural resources
Issue: WON the petitioners are entitled to the documents that Stein J could use to warrant the approval of the shall be granted for a period exceeding twenty-five years,
sought, by virtue of their constitutional right to license. except as to water rights for irrigation, water supply,
information fisheries, or industrial uses other than the development of
The license was therefore refused. water power, in which cases beneficial use may be the
Held: Art. III, Sec. 7. measure and the limit of the grant."
Cruz v. Secretary of Environment and Natural Resources
Legazpi v. CSC G.R. No. 135385 The 1973 Constitution reiterated the Regalian doctrine in
G.R. No. 72119 December 6, 2000 Section 8, Article XIV on the "National Economy and the
May 29, 1987 Patrimony of the Nation," to wit:
Justice Puno (Separate Opinion)
Issue: WON the petitioners are entitled to the right to be "Sec. 8. All lands of the public domain, waters, minerals,
informed about the civil service eligibilities. coal, petroleum and other mineral oils, all forces of
The Regalian doctrine was enshrined in the 1935 potential energy, fisheries, wildlife, and other natural
Held: Art. III, Sec. 7. Constitution. One of the fixed and dominating objectives of resources of the Philippines belong to the State. With the
the 1935 Constitutional Convention was the exception of agricultural, industrial or commercial,
Leatch v. Natural Parks and Wildlife Services nationalization and conservation of the natural resources residential, and resettlement lands of the public domain,
81 LGERA 270 of the country. There was an overwhelming sentiment in natural resources shall not be alienated, and no license,
1993 the Convention in favor of the principle of state ownership concession, or lease for the exploration, development,
of natural resources and the adoption of the Regalian exploitation, or utilization of any of the natural resources
Shoalhaven City Council applied for a licence to take or kill doctrine. State ownership of natural resources was seen as shall be granted for a period exceeding twenty-five years,
endangered fauna for the purposes of constructing a link a necessary starting point to secure recognition of the renewable for not more than twenty-five years, except as
road through North Nowra to the Princes Highway. The state's power to control their disposition, exploitation, to water rights for irrigation, water supply, fisheries, or
Director-General granted a general licence subject to development, or utilization. The delegates to the industrial uses other than the development of water
conditions. However, under s.92B(5) of the National Parks Constitutional Convention very well knew that the concept power, in which cases beneficial use may be the measure
and Wildlife Act1974 (NSW), any person who made a of State ownership of land and natural resources was and the limit of the grant."
submission may appeal the Director-Generals decision to introduced by the Spaniards, however, they were not
grant a licence. Ms May Leatch did just that. certain whether it was continued and applied by the The 1987 Constitution reaffirmed the Regalian doctrine in
Americans. To remove all doubts, the Convention approved Section 2 of Article XII on "National Economy and
While it was determined by Stein J of the NSW Land & the provision in the Constitution affirming the Regalian Patrimony," to wit:
Environment Court that there was no requirement placed doctrine.
on the Director-General to consider the precautionary "Sec. 2. All lands of the public domain, waters, minerals,
principle, His Honour stated that (at 282 - 283): the Thus, the 1935 Constitution, in Section 1 of Article XIII on coal, petroleum, and other mineral oils, all forces of
potential for serious or irreversible harm to an endangered "Conservation and Utilization of Natural Resources," reads potential energy, fisheries, forests or timber, wildlife, flora
fauna and the adoption of a cautious approach in as follows: and fauna, and other natural resources are owned by the
protection of endangered fauna is clearly consistent with State. With the exception of agricultural lands, all other
the subject matter, scope and purpose of the Act3. "Sec. 1. All agricultural, timber, and mineral lands of the natural resources shall not be alienated. The exploration,
public domain, waters, minerals, coal, petroleum, and development and utilization of natural resources shall be
The precautionary principle is a statement of other mineral oils, all forces of potential energy, and other under the full control and supervision of the State. The
commonsense It is directed towards the prevention of natural resources of the Philippines belong to the State, State may directly undertake such activities or it may enter
into co-production, joint venture, or production-sharing (d) a determination that the short-term uses of the resources in order to derive therefrom maximum
agreements with Filipino citizens, or corporations or resources of the environment are consistent with the benefits; and
associations at least sixty per centum of whose capital is maintenance and enhancement of the long-term b. to encourage the prudent use and conservation
owned by such citizens. Such agreements may be for a productivity of the same; and of land resources in order to prevent an
period not exceeding twenty-five years, renewable for not imbalance between the nations needs and such
more than twenty-five years, and under such terms and (e) whenever a proposal involve the use of depletable or resources.
conditions as may be provided by law. In cases of water non-renewable resources, a finding must be made that
rights for irrigation, water supply, fisheries, or industrial such use and commitment are warranted. TITLE IV: NATURAL RESOURCES MANAGEMENT AND
uses other than the development of water power, CONSERVATION
beneficial use may be the measure and limit of the grant. Before an environmental impact statement is issued by a
lead agency, all agencies having jurisdiction over, or special Sec. 25. Purposes. The purpose of this Title are:
Simply stated, all lands of the public domain as well as all expertise on, the subject matter involved shall comment
natural resources enumerated therein, whether on public on the draft environmental impact statement made by the a. to provide the basics on the management and
or private land, belong to the State. It is this concept of lead agency within thirty (30) days from receipt of the conservation of the countrys natural resources
State ownership that petitioners claim is being violated by same. to obtain the optimum benefits therefrom and to
the IPRA. preserve the same for the future generations;
Philippine Environmental Code (PD 1152) (1972) and
C. Environmental Laws and Selected Jurisprudence b. to provide general measures through which the
Chapter I: Standards aforesaid policy may be carried out effectively.
I. Philippine Environmental Impact Section 3: Ambient Air Quality Standards
Statement Sec. 27. Measures for Rational Exploitation. Measures for
There shall be established ambient air quality standards the rational exploitation of fisheries and other aquatic
Philippine Environmental Policy (PD 1151) (1971) which shall prescribe the maximum concentration of air esources may include, but shall not be limited to, the
pollutants permissible in the atmosphere consistent with following:
Sec. 3. Right to a Healthy Environment. In furtherance of public health, safety and general welfare.
these goals and policies, the Government recognizes the a. undertaking manpower and expertise
right of the people to a healthful environment. It shall be In the establishment of ambient air quality standards, development;
the duty and responsibility of each individual to contribute factors such as local atmospheric conditions, location and b. acquiring the necessary facilities and equipment;
to the preservation and enhancement of the Philippine land use, and available technology, shall be considered c. regulating the marketing of threatened species
environment. among others. of fish or other aquatic resources;
d. reviewing all existing rules and regulations on the
Sec. 4. Environmental Impact Statements. Pursuant to the TITLE II: WATER QUALITY MANAGEMENT exploitation of fisheries and aquatic resources
above enunciated policies and goals, all agencies and with a view to formulating guidelines for the
instrumentalities of the national government, including Sec. 14. Purposes. It is the purpose of this Title to systematic and effective enforcement thereof;
government-owned or controlled corporations, as well as prescribe management guidelines aimed to protect and and
private corporations firms and entities shall prepare, file improve the quality of Philippine water resources through: e. conserving the vanishing species of fish and
and include in every action, project or undertaking which aquatic resources such as turtles, sea snakes,
significantly affects the quality of the environment a detail a. classification of Philippine waters; crocodiles, corals, as well as maintaining the
statement on b. establishment of water quality standards; mangrove areas, marshes and inland areas, coral
c. protection and improvement of the quality of reef areas and islands serving as sanctuaries for
(a) the environmental impact of the proposed action, Philippine water resources; and fish and other aquatic life.
project or undertaking d. responsibilities for surveillance and mitigation of
pollution incidents. Sec. 31. Measures for Rational Exploitationof Forest
(b) any adverse environmental effect which cannot be Resources. Measures for the rational exploitation of forest
avoided should the proposal be implemented; TITLE III: LAND USE MANAGEMENT resources may include, but shall not be limited to the
Section 22. Purposes. The purposes of this Title are: following:
(c) alternative to the proposed action; a. regulating the marketing of threatened forest
a. to provide a rational, orderly and efficient resources;
acquisition, utilization and disposition of land its
b. reviewing all existing rules and regulations on the b. to encourage, promote and stimulate projects, undertakings or areas in the country as
exploitation of forest resources with a view of technological, educational, economic and social environmentally critical. No person, partnership or
formulating guidelines for the systematic and efforts to prevent environmental damage and corporation shall undertake or operate any such declared
efficient enforcement thereof; unnecessary loss of valuable resources of the environmentally critical project or area without first
c. conserving threatened species of flora as well as nation through recovery, recycling and re-use of securing an Environmental Compliance Certificate issued
increasing their rate of propagation; the banning wastes and waste products; and by the President or his duly authorized representatives. For
of destructive modes of exploitation, kaingin c. to provide measures to guide and encourage the proper management of said critical project or area, the
making or shifting cultivation, indiscriminate appropriate government agencies in establishing President may by his proclamation reorganize such
harvesting of minor forest products, the recycling sound, efficient, comprehensive and effective government offices, agencies, institutions, corporations or
methods of waste materials; and waste management. instrumentalities including the re-alignment of
d. carrying out a continuing effort on reforestation; government personnel, and their specific functions and
timber stand improvement; forest protection; Sec. 44.Responsibility of Local Government. Each responsibilities. For the same purpose as above, the
land classification; forest occupancy province, city or municipality shall provide measures to Ministry of Human Settlements shall:
management; agri-silviculture; range facilitate collection, transportation, processing and
management; agrisilvicultural/kaingin disposal of waste within its jurisdiction in coordination a. prepare the proper land or water use pattern for
management; multiple use forest; timber with other government agencies concerned. For this said critical project(s) or area(s);
management; and forest research. purpose, the national government shall provide the b. establish ambient environmental quality
necessary subsidy to local governments upon request standards;
Sec. 33. Use of Fertilizers and Pesticides. The use of made through the National Environmental Protection c. develop a program of environmental
fertilizers and pesticides in agriculture shall be regulated, Council and subject to such terms and conditions as the enhancement or protective measures against
prescribing therefore a tolerance level in their use. Their latter may provide. calamitous factors such as earthquake, floods,
use shall be monitored by appropriate government water erosion and others, and
agencies to provide empirical data for effective regulation. Sec. 62(e). Water Quality Standard means a plan that is d. perform such other functions as may be directed
established by governmental authority as a program for by the President from time to time.
Sec. 41. Measures for Exploitation and Utilization of water pollution prevention and abatement. Such standard
Mineral Resources. Measures for the gainful exploitation may include water classification and the criteria to support PROCLAIMING CERTAIN AREAS AND TYPES OF PROJECTS
and rational and efficient utilization of such mineral the uses of the water. AS ENVIRONMENTALLY CRITICAL AND WITHIN THE SCOPE
resources may include, but shall not be limited to, the OF THE ENVIRONMENTAL IMPACT STATEMENT SYSTEM
following: Environmental Impact Assessment System (PD 1586) ESTABLISHED UNDER PRESIDENTIAL DECREE NO. 1586 (PD
(1978) 2146) (1981)
a. increasing research and development in mineral
resources technology; Sec. 2. Environmental Impact Statement System. WHEREAS, it is the national policy to attain and maintain a
b. training of additional technical manpower rational and orderly balance between socioeconomic
needed in geology, geophysics, mining There is hereby established an Environmental Impact growth and environmental conservation and protection;
engineering, and related fields; Statement System founded and based on the
c. regulating the exploitation of identified mineral environmental impact statement required, under Section 4 A. Environmentally Critical Projects
reserves; of Presidential Decree No. 1151, of all agencies and
d. accelerating the exploitation of undiscovered instrumentalities of the national government, including 1. Heavy Industries
mineral deposits; and government-owned or controlled corporations, as well as a. Non-ferrous metal industries
e. encouraging the establishment of processing private corporations, firms and entities, for every proposed b. Iron and steel mills
plants for refined metal. project and undertaking which significantly affect the c. Petroleum and petro-chemical
quality of the environment. industries including oil and gas
TITLE V: WASTE MANAGEMENT d. Smelting plants
Sec. 4. Presidential Proclamation of Environmentally 2. Resource Extractive Industries
Sec. 42. Purposes. The purposes of this Title are: Critical Areas and Projects a. Major mining and quarrying projects
b. Forestry projects
a. to set guidelines for waste management with a The President of the Philippines may, on his own initiative i. Logging
view to ensuring its effectiveness; or upon recommendation of the National Environmental ii. Major wood processing
Protection Council, by proclamation declare certain projects
iii. Introduction of fauna (exotic- a. with primary pristine and dense young Davao, cannot claim exemption from the coverage of PD
animals) in public/private growth; 1586. As a body politic endowed with governmental
forests b. adjoining mouth of major river functions, an LGU has the duty to ensure the quality of the
iv. Forest occupancy systems; environment, which is the very same objective of PD 1586.
v. Extraction of mangrove c. near or adjacent to traditional
products productive fry or fishing grounds; Further, it is a rule of statutory construction that every part
vi. Grazing d. which act as natural buffers against of a statute must be interpreted with reference to the
shore erosion, strong winds and storm context, i.e., that every part must be considered with other
c. Fishery Projects floods; parts, and kept subservient to the general intent of the
i. Dikes for fishpond e. on which people are dependent for enactment. The trial court, in declaring local government
development projects their livelihood. units as exempt from the coverage of the EIS law, failed to
3. Infrastructure Projects 12. Coral reef characterized by one or any relate Section 2 of PD 1586[12] to the provisions of the
a. Major dams combination of the following conditions: same law:
b. Major power plants (fossil-fueled, a. with 50% and above live coralline
nuclear fueled, hydroelectric or cover; Lastly, very clear in Section 1 of PD 1586 that said law
geothermal) b. Spawning and nursery grounds for fish; intends to implement the policy of the state to achieve a
c. Major reclamation projects c. Which act as natural breakwater of balance between socio-economic development and
d. Major roads and bridges. coastlines. environmental protection, which are the twin goals of
sustainable development. The above-quoted first
B. Environmentally Critical Areas Case on Environmental Compliance Certificates (ECCs) paragraph of the Whereas clause stresses that this can
only be possible if we adopt a comprehensive and
1. All areas declared by law as national parks, Republic of the Philippines v. City of Davao integrated environmental protection program where all
watershed reserves, wildlife preserves and G.R. No. 148622 the sectors of the community are involved, i.e., the
sanctuaries; September 12, 2002 government and the private sectors. The local government
2. Areas set aside as aesthetic potential tourist units, as part of the machinery of the government, cannot
spots; Issue: Whether or not LGUs are excluded from securing therefore be deemed as outside the scope of the EIS
3. Areas which constitute the habitat for any ECC system.
endangered or threatened species of indigenous
Philippine Wildlife (flora and fauna); Held: Wherefore, the instant petition is denied. The decision of
4. Areas of unique historic, archaeological , or the RTC is affirmed.
scientific interests; Section 15 of Republic Act 7160, otherwise known as the
5. Areas which are traditionally occupied by cultural Local Government Code, defines a local government unit Bangus Fry Fisherfolk, et. al. v. Hon. Lanzanas, et. al.
communities or tribes; as a body politic and corporate endowed with powers to G.R. No. 131442
6. Areas frequently visited and/or hard-hit by be exercised by it in conformity with law. As such, it July 10, 2003
natural calamities geologic hazards, floods, performs dual functions, governmental and proprietary.
typhoons, volcanic activity, etc. Governmental functions are those that concern the health, Issue: Whether or not NAPOCOR is excluded from securing
7. Areas with critical slopes; safety and the advancement of the public good or welfare an ECC
8. Areas classified as prime agricultural lands; as affecting the public generally. Proprietary functions are
9. Recharged areas of aquifers; those that seek to obtain special corporate benefits or Held:
10. Water bodies characterized by one or any earn pecuniary profit and intended for private advantage
combination of the following conditions;; and benefit. When exercising governmental powers and As to Jurisdiction
a. tapped for domestic purposes; performing governmental duties, an LGU is an agency of
b. within the controlled and/or protected the national government. When engaged in corporate Petitioners complaint is one that is not capable of
areas declared by appropriate activities, it acts as an agent of the community in the pecuniary estimation. It falls within the exclusive and
authorities; administration of local affairs. original jurisdiction of the Regional Trial Courts under
c. which support wildlife and fishery Section 19(1) of Batas Pambansa Blg. 129, as amended by
activities. Found in Section 16 of the Local Government Code is the Republic Act No. 7691. The question of whether
11. Mangrove areas characterized by one or any duty of the LGUs to promote the peoples right to a petitioners should file their complaint in the Regional Trial
combination or the following conditions: balanced ecology. Pursuant to this, an LGU, like the City of Court of Manila or Oriental Mindoro then becomes a
matter of venue, to be determined by the residence of the Under DAO 96-37, an ECC applicant for a project located compliance with the conditions stipulated in the ECC, and
parties. within an environmentally critical area is required to in the EIS or PD submitted. This is the function of the PENR
submit an Initial Environment Examination, which must and CENR offices as mandated in DAO No. 37, Series of
The petitioners filed their complaint in the right venue contain a brief description of the environmental setting 1996
because DENR Region IV office is located in L & S Building, and a documentation of the consultative process
Roxas Boulevard. However, the RTC of Oriental Mindoro or undertaken, when appropriate. As part of the description Administrative liability could not be based on the fact that
Manila cannot issue injunctive writs because of the of the environmental setting, the ECC applicant must petitioner was the person who signed and approved the
provisions of PD 1818. submit a certificate of locational clearance or zoning ECC, without proof of actual act or omission constituting
certificate. neglect of duty.
On the patent illegality of the ECC
The contention is also without merit. While such In the absence of substantial evidence of gross neglect of
NAPOCOR claims that since Minolo Cove lies outside of documents are part of the submissions required from a petitioner, administrative liability could not be based on
Puerto Galera Bay as protected by Medio Island,[24] PD project proponent, their mere absence does not render the principle of command responsibility. The negligence of
No. 1605 does not apply to this case. However, petitioners the issuance of the ECC patently illegal. To justify non- petitioners subordinates is not tantamount to his own
assert that Minolo Cove is one of the enclosed coves of exhaustion of administrative remedies due to the patent negligence.
Puerto Galera and thus protected under PD No. 1605. illegality of the ECC, the public officer must have issued the
This is a question of fact that the DENR Secretary should ECC [without any] semblance of compliance, or even an It was not within the mandated responsibilities of
have first resolved. In any event, there is no dispute that attempt to comply, with the pertinent laws; when petitioner to conduct actual monitoring of projects. The
NAPOCOR will use the mooring facility for its power barge manifestly, the officer has acted without jurisdiction or has principles governing public officers under the Revised
that will supply 14.4 megawatts of electricity to the entire exceeded his jurisdiction, or has committed a grave abuse Administrative Code of 1987 clearly provide that a head of
province of Oriental Mindoro, including Puerto Galera. of discretion; or when his act is clearly and obviously a department or a superior officer shall not be civilly liable
The mooring facility is obviously a government-owned devoid of any color of authority. for the wrongful acts, omissions of duty, negligence, or
public infrastructure intended to serve a basic need of the misfeasance of his subordinates, unless he has actually
people of Oriental Mindoro. The mooring facility is not a Antonio G. Principe v. FFIB, Office of the Ombudsman authorized by written order the specific act or misconduct
commercial structure; commercial or semi-commercial G.R. No. 145973 complained of.
wharf or commercial docking as contemplated in Section January 23, 2002
1 of PD No. 1605. Therefore, the issuance of the ECC does Pursuant to Executive Order No. 90, the Human
not violate PD No. 1605 which applies only to commercial Issue: Whether or not petitioner Principe may be Settlements Regulatory Commission, which became the
structures like wharves, marinas, hotels and restaurants. dismissed from service from gross neglect of duty to Housing and Land Use Regulatory Board (HLURB), is the
monitor and inspect the project was not vested in him sole regulatory body for housing and land development.
Sec. 26 and 27 of the LGC
Held: II. Land and Biodiversity
Sections 26 and 27 do not apply to this case because as
petitioners admit, the mooring facility itself is not The Ombudsman without taking into consideration the 1. Revised Forestry Code (PD 705)
environmentally critical and hence does not belong to any lawfully mandated duties and functions attached to
of the six types of projects mentioned in the law. There is petitioners position, immediately concluded that as the CHAPTER II: CLASSIFICATION AND SURVEY
no statutory requirement for the concerned sanggunian to signing and approving authority of the ECC issued to
approve the construction of the mooring facility. It is PHILJAS, it was incumbent upon petitioner to conduct Sec. 13. System of Land Classification. The Department
another matter if the operation of the power barge is at actual monitoring and enforce strict compliance with the Head shall study, devise, determine and prescribe the
issue. As an environmentally critical project that causes terms and conditions of the ECC. criteria, guidelines and methods for the proper and
pollution, the operation of the power barge needs the accurate classification and survey of all lands of the public
prior approval of the concerned sanggunian. However, The applicable administrative orders provide that the domain into agricultural, industrial or commercial,
what is before this Court is only the construction of the function of monitoring environmental programs, projects residential, resettlement, mineral, timber or forest, and
mooring facility, not the operation of the power barge. and activities in the region is lodged with the Regional grazing lands, and into such other classes as now or may
Thus, the issuance of the ECC does not violate Sections 26 Technical Director, not with the Regional Executive hereafter be provided by law, rules and regulations.
and 27 of RA No. 7160 Director, the position occupied by petitioner.
In the meantime, the Department Head shall simplify
Documentary Requirements for ECC application Furthermore, monitoring is defined in DAO No. 21, Series through inter-bureau action the present system of
of 1992, as the activity designed to gauge the level of determining which of the unclassified lands of the public
domain are needed for forest purposes and declare them 4. Areas within forest concessions which are
as permanent forest to form part of the forest reserves. He timbered or have good residual stocking to C. REFORESTATION
shall decree those classified and determined not to be support an existing, or approved to be
needed for forest purposes as alienable and disposable established, wood processing plant; Sec. 33. Forest lands to be reforested. The following shall
lands, the administrative jurisdiction and management of 5. Ridge tops and plateaus regardless of size found be reforested and covered with suitable and sufficient
which shall be transferred to the Bureau of Lands: within, or surrounded wholly or partly by, forest trees, to wit:
Provided, That mangrove and other swamps not needed lands where headwaters emanate;
for shore protection and suitable for fishpond purposes 6. Appropriately located road-rights-or-way; a. Bare or grass-covered tracts of forest lands with
shall be released to, and be placed under the 7. Twenty-meter strips of land along the edge of at least fifty per cent (50%) slope;
administrative jurisdiction and management of, the Bureau the normal high waterline of rivers and streams b. Bare or grass-covered tracts of forest lands with
of Fisheries and Aquatic Resources. Those still to be with channels of at least five (5) meters wide; less than fifty per cent (50%) slope, but with soil
classified under the Present system shall continue to 8. Strips of mangrove or swamplands at least so highly erodible as to make grass cover
remain as part of the public forest. twenty (20) meters wide, along shorelines facing inadequate for soil erosion control;
oceans, lakes, and other bodies of water, and c. Brushlands or tracts of forest lands generally
Sec. 15. Topography. No land of the public domain strips of land at least twenty (20) meters wide covered with brush, which need to be developed
eighteen per cent (18%) in slope or over shall be classified facing lakes; to increase their productivity;
as alienable and disposable, nor any forest land fifty 9. Areas needed for other purposes, such as d. Open tracts of forest lands with slopes or
percent (50%) in slope or over, as grazing land. national parks, national historical sites, game gradients generally exceeding fifty per cent
refuges and wildlife sanctuaries, forest station (50%), interspersed with patches of forest each
Lands eighteen per cent (18%) in slope or over which have sites, and others of public interest; and of which is less than two hundred fifty (250)
already been declared as alienable and disposable shall be 10. Areas previously proclaimed by the President as hectares in area;
reverted to the classification of forest lands by the forest reserves, national parks, game refuge, bird e. Denuded or inadequately-timbered areas
Department Head, to form part of the forest reserves, sanctuaries, national shrines, national historic proclaimed by the President as forest reserves
unless they are already covered by existing titles or sites: and reservations as critical watersheds, national
approved public land application, or actually occupied parks, game refuge, bird sanctuaries, national
openly, continuously, adversely and publicly for a period of Provided, That in case an area falling under any of the shrines, national historic sites;
not less than thirty (30) years as of the effectivity of this foregoing categories shall have been titled in favor of any f. Inadequately-stocked forest lands within forest
Code, where the occupant is qualified for a free patent person, steps shall be taken, if public interest so requires, concessions;
under the Public Land Act: Provided, That said lands, which to have said title cancelled or amended, or the titled area g. Portions of areas covered by pasture leases or
are not yet part of a well-established communities, shall be expropriated. permits having a slope of at least fifty per cent
kept in a vegetative condition sufficient to prevent erosion (50%); and
and adverse effects on the lowlands and streams: Sec. 17. Establishment of boundaries of forest lands. All h. River banks, easements, road rights-of-ways,
Provided, further, That when public interest so requires, boundaries between permanent forests and alienable and deltas, swamps, former river beds, and beaches.
steps shall be taken to expropriate, cancel defective titles, disposable lands shall be clearly marked and maintained
reject public land application, or eject occupants thereof. on the ground, with infrastructure or roads, or concrete Sec. 34. Industrial Tree Plantations and Tree Farms. A
monuments at intervals of not more than five hundred lease for a period of twenty-five (25) years, renewable for
Sec. 16. Areas needed for forest purposes. The following (500) meters in accordance with established procedures another period not exceeding twenty-five (25) years, for
lands, even if they are below eighteen per cent (18%) in and standards, or any other visible and practicable signs to the establishment of an industrial tree plantation or a tree
slope, are needed for forest purposes, and may not, insure protection of the forest. farm may be granted by the Department Head upon
therefore, be classified as alienable and disposable land, to recommendation of the Director to any person qualified to
wit: Sec. 18. Reservations in forest lands and off-shore areas. develop and exploit natural resources, over timber or
The President of the Philippines may establish within any forest lands of the public domain categorized in Section 33
1. Areas less than 250 hectares which are far from, lands of the public domain, forest reserve and forest hereof, with a minimum area of One Thousand (1,000)
or are not contiguous with, any certified reservation for the national park system, for preservation hectares for industrial tree plantation and One Hundred
alienable and disposable land; as critical watersheds, or for any other purpose, and (100) hectares for tree farm; Provided, That the size of the
2. Isolated patches of forest of at least five (5) modify boundaries of existing ones. The Department Head area that may be granted under each category shall in each
hectares with rocky terrain, or which protect a may reserve and establish any portion of the public forest case depend upon the capacity of the lessee to develop or
spring for communal use; or forest reserve as site or experimental forest for use of convert the area into productive condition within the term
3. Areas which have already been reforested; the Forest Research Institute.
of the lease; Provided, further,That no lease shall be aggressive forest protection program geared towards
granted within critical watersheds. eliminating illegal logging and other forms of forest (e) shall use the chain saw for a legal purpose.
destruction which are being facilitated with the use of
D. FOREST PROTECTION chain saws. The State shall therefore regulate the Agencies of the government that use chain saws in some
ownership, possession, sale, transfer, importation and/or aspects of their functions must likewise secure the
Sec. 37. Protection of all resources. All measures shall be use of chain saws to prevent them from being used in necessary permit from the Department before operating
taken to protect the forest resources from destruction, illegal logging or unauthorized clearing of forests. the same.
impairment and depletion.
Section 3. Definition of Terms. - As used in this Act, the Section 6. Registration of Chain Saws. - Within a period of
Sec. 47. Mining operations. Mining operations in forest term: three (3) months from the effectivity hereof, all persons
lands shall be regulated and conducted with due regard to who own or are otherwise in possession of chain saws
protection, development and utilization of other surface (a) "Chain saw" shall refer to any portable power saw or must register the same with the Department, through any
resources. similar cutting implement, rendered operative by an of its Community Environment and Natural Resources
electric or internal combustion engine or similar means, Office, which shall issue the corresponding registration
Location, prospecting, exploration, utilization or that may be used for, but is not limited to, the felling of certificate or permit if it finds such persons to be qualified
exploitation of mineral resources in forest reservations trees or the cutting of timber; hereunder.
shall be governed by Mining laws, rules and regulations.
No location, prospecting, exploration, utilization, or (b) "Chain saw dealer" shall refer to a person, natural or Every permit to possess and/or use a chain saw for
exploitation of mineral resources inside forest concessions juridical, engaged in the manufacture, importation, legitimate purpose shall be valid for two (2) years upon
shall be allowed unless proper notice has been served distribution, purchase and/or sale of chain saws; issuance: Provided, That permits to possess and use
upon the licensees thereof and the prior approval of the chainsaw issued to non-commercial orchard and fruit tree
Director, secured. (c) "Department" shall refer to the Department of farmers shall be valid for a period of five (5) years upon
Environment and Natural Resources; and issuance. For this purpose, the Department shall be
Mine tailings and other pollutants affecting the health and allowed to collect reasonable registration fees for the
safety of the people, water, fish, vegetation, animal life and (d) "Secretary" shall refer to the Secretary of the effective implementation of this Act.
other surface resources, shall be filtered in silt traps or Department of Environment and Natural Resources.
other filtration devices and only clean exhausts and liquids Section 7. Penal Provisions. -
shall be released therefrom. Section 4. Persons Authorized to Manufacturer, Sell and
Import Chain Saws. - Chain saws shall only be sold and/or (a) Selling, Purchasing, Re-selling, Transferring, Distributing
Surface-mined areas shall be restored to as near its former imported by manufacturers, dealers and/or private owners or Possessing a Chain Saw Without a Proper Permit. - Any
natural configuration or as approved by the Director prior who are duly authorized by the Department. person who sells, purchases, transfer the ownership,
to its abandonment by the mining concern. distributes or otherwise disposes or possesses a chain saw
Section 5. Persons Authorized to Possess and Use a Chain without first securing the necessary permit from the
Sec. 48. Mineral Reservations Mineral reservations Saw. - The Department is hereby authorized to issue Department shall be punished with imprisonment of four
which are not the subject of mining operations or where permits to possess and/or use a chain saw for the felling (4) years, two (2) months and one (1) day to six (6) years or
operations have been suspended for more than five (5) land/or cutting of trees, timber and other forest or agro- a fine of not less than Fifteen thousand pesos (P15,000.00)
years shall be placed under forest management by the forest products to any applicant who: but not more Thirty thousand pesos (30,000.00) or both at
Bureau. the discretion of the court, and the chain saw/s
(a) has a subsisting timber license agreement, production confiscated in favor of the government.
Mineral reservations where mining operations have been sharing agreement, or similar agreements, or a private
terminated due to the exhaustion of its minerals shall land timber permit; (2) Unlawful Importation or Manufacturing of Chain Saw. -
revert to the category of forest land, unless otherwise Any person who imports or manufactures a chain saw
reserved for other purposes. (b) is an orchard and fruit tree farmer; without obtaining prior authorization from the
2. Chainsaw Act of 2002 (9175) Department shall be punished by imprisonment of not less
(c) is an industrial tree farmer; than one (1) month nor more than six (6) months and a
Section 2. Declaration Policy. It is the policy of the State fine of not less than One thousand pesos (P1,000.00) for
consistent with the Constitution, to conserve, develop and (d) is a licensed wood processor and the chain saw shall be more than Four thousand pesos (P4,000.00).
protect the forest resources under sustainable used for the cutting of timber that has been legally sold to
management. Toward this end, the State shall pursue an said applicant; or
(3) Tampering of Engine Serial Number. - Any person who is by qualified persons, within the shortest possible time, at Section 15. Effectivity. - This Act shall take effect fifteen
found to have defaced or tampered with the original the least possible expense. (15) days after its complete publication in the Official
registered engine serial number of any chain saw unit shall Gazette or in at least two (2) national newspapers of
be punished by imprisonment of not less than one (1) In the Province of Palawan, the provisions of this Act shall general circulation, whichever comes earlier.
month nor more than six (6) months and a fine of not less be implemented by the Palawan Council for Sustainable
than One thousand pesos (P1,000.00) nor more than Four Development pursuant to Republic Act No. 7611 or the 3. National Integrated Protected Areas System Act,
thousand pesos (P4,000.00). Strategic Environmental Plan for Palawan. NIPAS (R.A. 7586)

(4) Actual Unlawful Use of Chain Saw. - Any person who is Section 10. Revocation of Registration and Permit. - The Sec. 5. Establishment and Extent of the System The
found to be in possession of a chain saw and uses the Secretary may revoke any Certificate of Registration or establishment and operationalization of the System shall
same to cut trees and timber in forest land or elsewhere permit previously issued to a person found violating the involve the following: All areas or islands in the Philippines
except as authorized by the Department shall be penalized provisions of this Act, or the rules and regulations issued proclaimed, designated or set aside, pursuant to a law,
with imprisonment of six (6) years and one (1) day to eight pursuant thereto. presidential decree, presidential proclamation or executive
(8) years or a fine of not less that Thirty thousand pesos order as national park, game refuge, bird and wildlife
(P30,000.00) but not more than Fifty thousand pesos Section 11. Joint Congressional Oversight Committee. - To sanctuary, wilderness area, strict nature reserve,
(P50,000.00) or both at the discretion of the court without monitor and oversee the implementation of this Act, watershed, mangrove reserve, fish sanctuary, natural and
prejudice to being prosecuted for a separate offense that including the approval of the rules and regulations issued historical landmark, protected and managed
may have been simultaneously committed. The chain saw pursuant hereto, there is hereby created a Joint landscape/seascape as well as identified virgin forests
unlawfully used shall be likewise confiscated in favor of the Congressional Oversight Committee to be composed of the before the effectivity of this Act are hereby designated as
government. Chairpersons of the Senate Committee on Environment initial components of the System. The initial components
and Natural Resources and the House Committee on of the System shall be governed by existing laws, rules and
If the violation under this Section is committed by or Natural Resources as Chairperson and Co-Chairperson, five regulations, not inconsistent with this Act;
through the command or order of another person, (5) members of each of the Senate and the House of
partnership or corporation, the penalties herein provided Representatives who shall be designated by the Senate Sec. 8. Buffer Zones. - For each protected area, there shall
shall likewise be imposed on such other person, or the President and the Speaker of the House of Representatives be established peripheral buffer zones when necessary, in
responsible officer(s) in such partnership or corporation. as members: Provided, That the two (2) of the five (5) the same manner as Congress establishes the protected
senators and two (2) of the five (5) House members shall area, to protect the same from activities that will directly
If the offender is a public official or employee, in addition be nominated by the respective Minority Leaders of the and indirectly harm it. Such buffer zones shall be included
to the above penalties, he shall be removed from office Senate and the House of Representatives. in the individual protected area management plan that
and perpetually disqualified from holding any public office. shall prepared for each protected area. The DENR shall
Section 12. Transitory Provision. - In the interim while the exercise its authority over protected areas as provided in
The chain saws confiscated under this Section shall be sold Department is formulating the implementing rules and this Act on such area and designated as buffer zones.
at public auction to qualified buyers and the proceeds regulations to effectively carry out the provisions of this
thereof shall go to the Department. Act, the Bureau of Customs is prohibited from approving Sec. 20. Prohibited Acts. Except as may be allowed by the
any chain saw importation without clearance from said nature of their categories and pursuant to rules and
Section 8. Reward. - Any person who voluntarily gives Department. regulations governing the same, the following acts are
information leading to the recovery or confiscation of an prohibited within protected areas:
unregistered chain saw and the conviction of persons Section 13. Separability Clause. - If, for any reason, any part
charged thereof shall be entitled to a reward equivalent to or provision of this act shall be declared as a. Hunting, destroying, disturbing, or mere
twenty person (20%) of the value of the chain saw unit(s). unconstitutional or invalid, such parts or provisions not possession of any plants or animals or products
The Department is authorized to include in its budget the affected thereby shall remain in full force and effect. derived therefrom without a permit from the
amount necessary to carry out the purpose of this Section. Management Board;
Section 14. Repealing Clause. - all laws, executive orders, b. Dumping of any waste products detrimental to
Section 9. Authority of the Secretary. - To effectively presidential decrees, letters of instruction, rules and the protected area, or to the plants and animals
implement the provisions of this Act, the Secretary shall regulations, or parts thereof which are inconsistent with or inhabitants therein;
issue the implementing rules and regulations within ninety any of the provisions of this Act are hereby repealed c. Use of any motorized equipment without a
(90) days upon approval of this Act. He shall likewise and/or amended accordingly. permit from the Management Board;
organize an office within the Department to ensure that
requirements imposed by this Act may be complied with
d. Mutilating, defacing or destroying objects of (c) "Secretary" means the Secretary of the Department of regard to specific caves taking into consideration bio-
natural beauty, or objects of interest to cultural Environment and Natural Resources (DENR) diversity as well as the aesthethic and archaeological value
communities (of scenic value); of the cave: Provided, that the permittee shall be required
e. Damaging and leaving roads and trails in a (d) "Speleogem" means relief features on the walls, to post a bond to ensure compliance with the provisions of
damaged condition; ceilings and floor of any cave or lava tube which are part of any permit: Provided further that any permit issued under
f. Squatting, mineral locating, or otherwise the surrounding hedrock, including but not limited to this Section shall be revoked by the Secretary when the
occupying any land; anastomoses, scallops, meander niches, petromorphs and permittee violates any provision of this Act or fails to
g. Constructing or maintaining any kind of rock pendants in solution caves and similar features unique comply with any other condition upon which the permit
structure, fence or enclosures, conducting any to volcanic caves. was issued: Provided furthermore, That the Secretary
business enterprise without a permit; cannot issue permits for the removal of stalactites and
h. Leaving in exposed or unsanitary conditions (e) "Speleothem" means any natural mineral formation or stalagmites, and when it is established that the removal of
refuse or debris, or depositing in ground or in deposit occurring in a cave or lava tube, including but not the resources will adversely affect the value of a significant
bodies of water; and limited to any stalactite, stalagmite, helictite, cave flower, cave: Provided Finally, That caves located within a
i. Altering, removing destroying or defacing flowstone, concretion, drapery, rimstone or formation of protected area shall be subjected to the provisions of
boundary marks or signs. clay or mud. Republic Act No. 7586 or the National Integrated Protected
Area System Act of 1992;
4. National Caves and Cave Resources (f) "Significant Cave" refers to a cave which contains
Management and Protection Act (R.A. 9072) materials or possesses features that have archaeological, (d) Call on any local government unit, bureau, agency, state
cultural, ecological, historical or scientific value as university or college and other instrumentalities of the
Section 2. Declaration of Policy - It is hereby declared the determined by the DENR in coordination with the scientific government for assistance as the need arises in the
policy of the State to conserve, protect and manage caves community and the academe. discharge of its functions;
and cave resources as part of the country's natural wealth.
Towards this end, the State shall strengthen cooperation Section 4. Implementing Agency - The DENR shall be the (e) Enter into a memorandum of agreement with any local
and exchange of information between governmental lead agency tasked to implement the provisions of this Act government unit (LGU) for the preservation, development
authorities and people who utilize caves and cave in coordination with the Department of Tourism (DOT), the and management of cave or caves located in their
resources for scientific, educational, recreational, tourism National Museum, the National Historical Institute and respective territorial jurisdiction;
and other purposes. concerned local government units (LGUs) for specific caves,
except that in the Province of Palawan, the Palawan (f) Tap the cooperation of people's and nongovernmental
Section 3. Definition of Terms - For purposes of this Act, Council for Sustainable Development shall be the lead organizations as active partners in the conservations and
the following terms shall be defined as follows: implementing agency pursuant to Republic Act No. 7611 or protection of our caves and cave resources; and
the Strategic Environmental Plan for Palawan Act.
(a) "Cave" means any naturally occurring void, cavity, (g) Exercise other powers and perform other functions as
recess or system of interconnected passages beneath the Section 5. Powers and Functions of the Department of may be necessary to implement the provisions of this Act.
surface of the earth or within a cliff or ledge and which is Environment and Natural Resources (DENR) - In the
large enough to permit an individual to enter, whether or implementation of this Act, the DENR shall exercise the Section 6. Information Concerning the Nature and Location
not the entrance, located either in private or public land, is following powers and functions: of Significant Caves - Information concerning the nature
naturally formed or man made. It shall include any natural and specific location of a potentially significant cave shall
pit, sinkhole or other feature which is an extension of the (a) Formulate, develop and implement a national program not be made available to the public within one (1) year
entrance. The term also includes cave resources therein, for the management, protection and conservation of caves after its discovery by the DENR, during which time the
but not any vug, mine tunnel, aqueduct or other manmade and cave resources: DENR in coordination with the DOT, the National Museum,
excavation. the National Historical Institute, concerned LGUs the
(b) Disseminate information and conduct educational scientific community and the academe shall assess its
(b) "Cave resources" includes any material or substance campaign on the need to conserve, protect and manage archaeological, cultural, ecological, historical and scientific
occurring naturally in caves, such as animal life, plant life, our caves and cave resources: value, unless a written request is made and the Secretary
including paleontological and archaeological deposits, determines that disclosure of such information will further
cultural artifacts or products of human activities, (c) Issue permits for the collection and removal of guano the purpose of this Act and will not create a substantial risk
sediments, minerals, speleogems and speleothems. and other cave resources which shall be determined in of harm, theft or destruction on such cave.
coordination with the DOT, National Museum, concerned
LGUs, the scientific community and the academe, with
The written request shall contain, among others, the Section 9. Administrative Confiscation and Conveyance - projects formulated to preserve and enhance the
following: The Secretary shall order the confiscation, in favor of the environment, and at the same time pursue the socio-
Government of the cave resources gathered, collected, economic development goals of the country.
(a) a description of the geographic site for which the removed, possessed or sold including the conveyance and
information is sought: equipment used in violation of Section 7 hereof. It shall support and promote the sustainable development
goals for the provinces through proper conservation,
(b) an explanation of the purpose for which the Section 10. Fees - Any money collected by the DENR as utilization and development of natural resources to
information is sought: permit fees for collection and removal of cave resources, provide optimum yields on a continuing basis. With
as a result of the forfeiture of a bond or other security by a specific reference to forest resources, the State shall
(c) an assurance or undertaking satisfactory to the permittee who does not comply with the requirements of pursue and implement forest conservation and protection
Secretary that adequate measures are to be taken to such permit issued under this Act or by way of fines for through the imposition of a total commercial logging ban
protect the confidentiality of such information and to violations of this Act shall be remitted to the National as hereinafter provided.
ensure the protection of the cave from destruction by Treasury.
vandalism and unauthorized use. It shall also adopt the necessary measures leading to the
Section 11. Implementing Rules and Regulations - The creation of an institutional machinery including among
Section 7. Prohibited Acts - The following shall be DENR shall, within six (6) months from the effectivity of others, fiscal and financial programs to ensure the effective
considered Prohibited Acts. this Act, issue rules and regulations necessary to and efficient implementation of environmental plans,
implement the provisions hereof. programs and projects.
(a) Knowingly destroying, disturbing, defacing, marring,
altering, removing, or harming the speleogem or Section 12. Appropriations - The amount necessary to It shall also promote and encourage the involvement of all
speleothem of any cave or altering the free movement of carry out the provisions of this Act shall be included in the sectors of society and maximize people participation
any animal or plant life into or out of any cave: General Appropriations Act of the year following its (including tribal groups) in natural resource management,
enactment into law and thereafter. conservation and protection.
(b) Gathering, collecting, possessing, consuming, selling,
bartering or exchanging or offering for sale without Section 13. Separability Clause - If any provisions of this SEC. 3 Definition of Terms. - As used in this Act, the
authority any, cave resource; and Act is subsequently declared unconstitutional, the following terms are defined as follows:
remaining provisions shall remain in full force and effect.
(c) Counselling, procuring, soliciting or employing any (1) "Palawan" refers to the Philippine province
other person to violate any provisions of this Section. Section 14. Repealing Clause - Presidential Decree No. composed of islands and islets located 747' and 12'22'
1726 - A is hereby modified. Treasure hunting in caves shall north latitude and 117'00' and 119'51' east longitude,
Section 8. Penalties - Any person found guilty of any of the be governed by the provisions of this Act. generally bounded by the South China Sea to the
offenses enumerated under Section 7 hereof shall be northwest and by the Sulu Sea to the east.
punished by imprisonment from two (2) years to six (6) Except Presidential Decree No. 412 and Republic Act No.
years or a fine ranging from Twenty thousand pesos 4846, all other laws, decrees, orders and regulations or (2) "Sustainable development" means the
(P20,000) to five hundred thousand pesos (P500,000.00) or parts thereof which are inconsistent with any of the improvement in the quality of life of the present and
both at the discretion of the Court: Provided That the provisions of this Act are hereby repealed or amended future generations through the complementation of
person furnishing the capital to accomplish the acts accordingly. development and environmental protection activities;
punishable herein shall be punished by imprisonment from
six (6) yrs and one (1) day to eight (8) years or by a fine Section 15. Effectivity - This Act shall take effect fifteen (15) (3) "Natural resources" refers to life-support systems
ranging from Five hundred thousand pesos (P500,000.00) days following its publication in two (2) national such as the sea, coral reefs, soil, lakes, rivers, and forest as
to One million pesos (P1,000,000.00) or both at the newspapers of general circulation. well as useful products found therein such as animals,
Discretion of the Court. Provided further that if the area wildlife, tress and other plants, including the aesthetic
requires rehabilitation or restoration as determined by the 5. Strategic Environment Plan for Palawan Act attributes of scenic sites that are not manmade.
Court, the offender shall also be required to restore the (R.A. 7611)
same, whenever practicable or compensate for the (4) "Tribal land areas" refers to the areas comprising
damage: Provided finally that if the offender is a SEC. 2 Declaration of Policy - It is hereby declared the both land and sea that are traditionally occupied by the
government employee, he or she shall likewise be policy of the State to protect, develop and conserve its cultural minorities.
removed from office. natural resources . Toward this end, it shall assist and
support the implementation of plans, programs and
(5) "Environmentally critical areas" (ECAN) refers to SEC. 5 Strategic Environmental Plan (SEP) Philosophy. - The zones as the Palawan Council for Sustainable Development
terrestrial aquatic and marine areas that need special SEP shall have as its general philosophy, the sustainable as hereinafter created may provide;
protection and conservation measures as they are development of Palawan, which is the improvement in the
ecologically fragile; quality of life of its people in the present and future (2) Protection of Watersheds;
generations through the use of complementary activities
(6) "Participatory processes" means the involvement of development and conservation that protect life-support (3) Preservation of biological diversity;
of all the key sectors of development, from the grassroots ecosystem and rehabilitate exploited areas to allow
to the policy-making bodies of the National Government, upcoming generations to sustain development growth. It (4) Protection of tribal people and the preservation
in providing the values and ideas from which strategic shall have the following features: of their culture;
development and environmental protection action can
come about; (1) Ecological viability - The physical and biological (5) Maintenance of maximum sustainable yield;
cycles that maintain the productivity of natural ecosystems
(7) "Conservation" refers to the wise use of natural must always be kept intact. (6) Protection of the rare and endangered species
resources that assures regeneration and replenishment for and their habitat;
continuous benefit; (2) Social acceptability - The people themselves,
through participatory process, should be fully committed (7) Provision of areas for environmental and
(8) "Ecology" refers to the life-sustaining to support sustainable development activities by fostering ecological research, education and training; and
interrelationships and interactions of organisms with each equity in access to resources and the benefits derived from
other and with their physical surroundings; them. (8) Provision of areas for tourist and recreation.

(9) "Commercial logging" refers to the cutting, felling (3) Integrated approach - This allow for a holistic SEC. 8 Main Components. - The areas covered by the ECAN
or destruction of tress from old growth and residual forest view of problems and issues obtaining in the environment hall be classified into three (3) main components;
for the purpose of selling or otherwise disposing of the cut as well as opportunities for coordination and sharing that
or felled logs for profit; will eventually provide the resources and political will to (1) Terrestrial - the terrestrial component shall
actually implement and sustain SEP activities. consist of the mountainous as well as ecologically
(10) "SEP" refers to the Strategic Environmental Plan important low hills and lowland areas of the whole
discussed in Section 4 of this Act; SEC. 6 Legal effects. - The SEP shall serve as the framework province. It may be further subdivided into smaller
to guide the government agencies concerned in the management components.
(11) "ECAN" refers to the Environmentally Critical formulation and implementation of plans, programs and
Areas Network as provided in Section 7 of this Act; and projects affecting the environment and natural resources (2) Coastal/marine area - this area includes the
of Palawan. It shall therefore be incorporated in the whole coastline up to the open sea. This is characterized
(12) "EMES" refers to the Environmental Monitoring Regional Development Plan of Region IV as part of said by active fisheries and tourism activities.
and Evaluation System provided in Section 13 of this Act. plan.
(3) Tribal Ancestral lands - These are the areas
CHAPTER II SEC. 7 Environmentally Critical Areas Network (ECAN) - The traditionally occupied by the cultural communities.
STRATEGIC ENVIRONMENT PLAN: ADOPTION, PHILOSOPHY SEP shall establish a graded system of protection and
AND LEGAL EFFECTS development control over the whole of Palawan, including SEC. 9 Terrestrial Component: Management Scheme and
its tribal lands, forest, mines, agricultural areas, settlement Zonation. - the terrestrial component may be further
SEC. 4 Strategic Environmental Plan. - A comprehensive areas, small islands mangroves, coral reefs, seagrass beds subdivided into smaller management components for a
framework for the sustainable development of Palawan and the surrounding sea. This shall be known as the more efficient supervision. These management
compatible with protecting and enhancing the natural Environmentally Critical Areas Network, hereinafter components, in turn, shall each be further subdivided into
resources and endangered environment of the province is referred to as ECAN, and shall serve as the main strategy of the following zones;
hereby adopted. Such framework shall be known as the the SEP.
Strategic Environmental Plan for Palawan, hereinafter (1) Area of maximum protection or core zone -This
referred to as SEP, and shall serve to guide the local The ECAN shall ensure the following, zone shall be fully and strictly protected and maintained
government of Palawan and the government agencies free of human disruption. Included here are all types of
concerned in the formulation and implementation of (1) Forest conservation and protection through the natural forest which include first growth forest, residual
plans, programs and projects affecting said province. imposition of a total commercial logging ban in all areas of forest and edges of intact forest, areas above one
maximum protection and in such other restricted use thousand (1,000) meters elevation, peaks of mountains or
other areas with very steep gradients, and endangered small islands and mangrove ecosystem education and SEC. 15 Environmental Education and Extension - The SEP
habitats and habitats of endangered and rare species. research are allowed. shall design an environmental information and education
Exceptions, however, may be granted to traditional uses of designed to gradually wean the people away from
tribal communities of these areas for minimal and soft SEC. 11 Tribal Ancestral Lands. - These areas, traditionally destructive practices and shall recommend practical ways
impact gathering of forest species for ceremonial and occupied by cultural minorities, comprise both land and as an alternative.
medicinal purposes. sea areas. These shall be treated in the same graded
system of control and prohibition as in the others Training programs for the non-governmental organizations
(2) Buffer zone - This area permits regulated use and may abovementioned except for strong emphasis in cultural (NGO's), business sector representatives and community
be further subdivided into three (3) sub-zones; considerations. The SEP, therefore, shall define a special leaders shall be organized. This may establish linkages
kind of zonation to fulfill the material and cultural needs of between the NGOs, community leaders, sector
(a) Restricted use area. Generally surrounds the core the tribes using consultative processes and cultural representatives and the staff of line agencies development
zone and provides a protective barrier. Limited and mapping of the ancestral lands. communication or public information section and at the
nonconsumptive activities may be allowed in this area. same time, be used to plan out a comprehensive public
CHAPTER III information drive.
( b) Controlled use area. Encircles and provides the outer MANAGEMENT OF RESOURCES OUTSIDE OF THE
barrier to the core and restricted use area. Controlled ECOLOGICALLY CRITICAL AREAS Simultaneously, community organizing shall be enhanced
forest extraction, like the collecting of minor forest to reinforce non-formal approaches, complementing
products, and strictly controlled logging and mining may SEC. 12 Management of Resources Outside of the regular environment/science courses in the school.
be allowed. Ecologically Critical Areas. The SEP shall provide for the
management of resources outside of the ECAN and shall CHAPTER V
(c) Traditional use area. Edges of intact forests where include coastal resources, resources of the catchment ADMINISTRATIVE MACHINERY FOR THE IMPLEMENTATION
traditional land use is already stabilized is being stabilized. areas, timber and mines, development in the lowlands, OF THE SEP
Management and control shall be carried out with the and settlement areas. It shall also provide for tourism
other supporting programs of the SEP. planning. SEC. 16 Palawan Council for Sustainable Development. -
The governance, implementation and policy direction of
(3) Multiple/manipulative use area - This is the area where CHAPTER IV the Strategic Environmental Plan shall be exercised by the
the landscape has been modified for different forms of SUPPORT MECHANISM herein created Palawan Council for Sustainable
land use such as intensive timber extraction, grazing and Development (PCSD), hereinafter referred to as the
pastures, agriculture and infrastructures development. SEC. 13 Environmental Monitoring and Evaluation System Council, which shall be under the Office of the President. It
Control and management shall be strictly integrated with (EMES) - In order to monitor achievement of its goals, SEP shall be composed of the Members of the House of the
the other supporting programs of the SEP and other similar shall establish an Environmental Monitoring and Evaluation Representatives representing the province of Palawan, the
programs of the Government. System (EMES) which shall ensure a systematic and reliable Deputy Director General of the National Economic and
means of data generation for the various concerns of the Development Authority, the Undersecretary of
SEC. 10 Coastal/Marine Zone. - A different and simplified SEP. It shall measure changes in environmental status, Environment and Natural Resources, the Undersecretary
scheme of management zonation shall be applied to this identify adverse environmental trends and crisis areas, for Special Concerns of the Department of Agriculture, the
component due to its geographical characteristics, critical recommend solutions, assess the implementation of the Governor of Palawan, the Mayor of Puerto Princesa City,
nature, and patterns of resource use. Equitable access to SEP, and suggest measures to make the SEP more the President of the Mayor's League of Palawan, the
the resource and management responsibility by the local responsible to the changing needs. President of the Provincial Chapter of the Liga ng mga
community shall be the underlying management Barangay, the Executive Director of the Palawan council for
philosophy of this component. SEC. 14 Environmental Research - The SEP shall provide for Sustainable Development Staff as provided in Section 20 of
a system of research so that additional information for this Act, and such other members from the public or
(1) Core zone. - This area shall be designated free accurate planning as well as data to solve new problems in private sectors as the majority of the council may deem
from any human activity. This includes sanctuaries for rare the implementation of the SEP shall be supplied. As such, necessary.
and endangered species, selected coral reefs, seagrass and the SEP's researches shall not be confined to the physical
mangrove ecosystem reserves. and biological features of the environment, achieved The Council shall elect, from among its members, a
through surveys, monitoring, resource assessments and Chairman and a Vice-Chairman.
(2) Multiple use zone - Aside from being research into processes, but shall also extend to policies
development area, this zone also serves as the buffer zone and socioeconomic questions.
where fishery, mariculture, recreation, rehabilitation of
SEC. 17 Quorum. - A majority of the members of the effective implementation of the SEP and the other SEC. 22 - Separability Clause. - If any of the provisions of
Council shall constitute a quorum for the conduct of provisions of this Act. this Act shall be declared unconstitutional, the other
business. provisions of this Act shall remain valid.
(9) Enforce the provisions of this Act and other
SEC. 18 Compensation. - The members of the council shall existing laws. Rules and regulations similar to or SEC. 23 Repealing Clause. - All laws; decrees, orders, rules
be entitled to per diems and allowances in accordance complementary with this Act; and regulations or parts thereof contrary to or inconsistent
with existing laws in the performance of their duties and in with the provisions of this Act are hereby repealed or
carrying out of the business of the Council. The per diems (10) Perform related functions which shall promote modified accordingly.
shall be in the amount of Five hundred pesos (p500) for the development, conservation, management, protection,
every meeting: Provided, that the per diems collected do and utilization of the natural resources of Palawan; and SEC. 24 Effectivity Clause. - This Act shall take effect upon
not exceed the equivalent of per diems for four (4) its approval.
meetings in a month. (11) Perform such other powers and functions as may
be necessary in carrying out its functions, powers, and the 6. Wildlife Resources Conservation and Protection
SEC. 19 Powers and Functions. - In order to successfully provisions of this Act. Act (R.A. 9147)
implement the provisions of this Act, the Council is hereby
vested with the following powers and functions. SEC. 20 Conversion of Palawan Integrated Area Section 1. Title. This act shall be known as the "Wildlife
Development Project Office (PIADPO) to the Palawan Resources Conservation and Protection Act."
(1) Formulate plans and policies as may be council for Sustainable Development Staff. - The Palawan
necessary to carry out the provisions of this Act. Integrated Area Development Project Office, hereinafter Section 2. Declaration of Policy. It shall be the policy of the
referred to as PIADPO, is hereby converted to the Palawan State to conserve the country's wildlife resources and their
(2) Coordinate with the local governments to ensure Council for Sustainable Development Staff which shall habitats for sustainability. In the pursuit of this policy, this
that the latter's plans, programs and projects are aligned serve as the regular professional support staff of the Act shall have the following objectives:
with the plans, programs and policies of the SEP. Council and shall provide the machinery to coordinate the
policy and functions, implement programs, and organize (a) to conserve and protect wildlife species and their
(3) Call on any department, bureau, office, agency such services as may be required by the Council in the habitats to promote ecological balance and enhance
or instrumentality of the Government, and on private exercise of its functions. It shall be independent of any biological diversity;
entities and organizations for cooperation and assistance in other department or agency of the Government other
the performance of its functions. than the herein provided Council. All the applicable (b) to regulate the collection and trade of wildlife;
powers, functions, personnel, complement staff,
(4) Arrange, negotiate for, accept donations, grants, appropriations, records, equipment, property, funds, and (c) to pursue, with due regard to the national interest, the
gifts, loans, and other fundings from domestic and foreign other assets of the PIADPO, as well as all its obligations Philippine commitment to international conventions,
sources to carry out the activities and purposes of the SEP. and liabilities, are hereby transferred to the Palawan protection of wildlife and their habitats; and
Council for Sustainable Development Staff. The incumbent
(5) Recommend to the Congress of the Philippines Director of the PIADPO shall be the Executive Director of (d) to initiate or support scientific studies on the
such matters that may require legislation in support of the the Palawan Council for Sustainable Development Staff and conservation of biological diversity.
objectives of the SEP. shall lead all its operations. Thereafter, the Executive
Director shall be appointed by the members of the Council. Section 3. Scope of Application. The provisions of this Act
(6) Delegate any or all of its powers and functions to He shall also be ex officio member of the Council. shall be enforceable for all wildlife species found in all
its support staff, as hereinafter provided, except those areas of the country, including protected areas under
which by provisions of law cannot be delegated; CHAPTER VI Republic Act No. 7586, otherwise known as the National
APPROPRIATION AND FINAL PROVISIONS Integrated Protected Areas System (NIPAS) Act, and critical
(7) Establish policies and guidelines for employment habitats. This Act shall also apply to exotic species which
on the basis, of merit, technical competence and moral Sec. 21 Appropriations. - The amount necessary to carry are subject to trade, are cultured, maintained and/or bred
character and prescribe a compensation and staffing out the provisions of this Act shall be charged to the in captivity or propagated in the country.
pattern; current fiscal year appropriation of the PIADPO. Thereafter,
such sums as may be necessary shall be included in the Section 4. Jurisdiction of the Department of Environment
(8) Adopt, amend and rescind such rules and annual General Appropriations Act. and Natural Resources and the Department of Agriculture.
regulations and impose penalties therefore for the The Department of Environment and Natural Resources
(DENR) shall have jurisdiction over all terrestrial plant and
animal species, all turtles and tortoises and wetland f. The State recognizes its obligations to respond to formulation and implementation of any project,
species, including but not limited to crocodiles, waterbirds the strong expression of the ICCs/IPs for cultural government or private, that will affect or impact
and all amphibians and dugong. The Department of integrity by assuring maximum ICC/IP upon the ancestral domains and to receive just
Agriculture (DA) shall have jurisdiction over all declared participation in the direction of education, and fair compensation for any damages which
aquatic critical habitats, all aquatic resources including but health, as well as other services of ICCs/IPs, in they sustain as a result of the project; and the
not limited to all fishes, aquatic plants, invertebrates and order to render such services more responsive to right to effective measures by the government to
all marine mammals, except dugong. The secretaries of the the needs and desires of these communities. prevent any interfere with, alienation and
DENR and the DA shall review, and by joint administrative encroachment upon these rights;
order, revise and regularly update the list of species under Towards these ends, the State shall institute and establish c. Right to Stay in the Territories- The right to stay
their respective jurisdiction. In the Province of Palawan, the necessary mechanisms to enforce and guarantee the in the territory and not be removed therefrom.
jurisdiction herein conferred is vested to the Palawan realization of these rights, taking into consideration their No ICCs/IPs will be relocated without their free
Council for Sustainable Development pursuant to Republic customs, traditions, values, beliefs, their rights to their and prior informed consent, nor through any
Act No. 7611. ancestral domains. means other than eminent domain. Where
relocation is considered necessary as an
7. Indigenous Peoples Right Act of 1997 (R.A. Sec. 2(g) Free and Prior Informed Consent. As used in this exceptional measure, such relocation shall take
8371) Act shall mean the consensus of all members of the place only with the free and prior informed
ICCs/IPs to; be determined in accordance with their consent of the ICCs/IPs concerned and whenever
Sec. 2. Declaration of State Policies.- The State shall respective customary laws and practices, free from any possible, they shall be guaranteed the right to
recognize and promote all the rights of Indigenous Cultural external manipulation, interference and coercion, and return to their ancestral domains, as soon as the
Communities/Indigenous Peoples (ICCs/IPs) hereunder obtained after fully disclosing the intent and scope of the grounds for relocation cease to exist. When such
enumerated within the framework of the Constitution: activity, in a language an process understandable to the return is not possible, as determined by
community; agreement or through appropriate procedures,
a. The State shall recognize and promote the rights ICCs/IPs shall be provided in all possible cases
of ICCs/IPs within the framework of national Sec. 7. Rights to Ancestral Domains. The rights of with lands of quality and legal status at least
unity and development; ownership and possession of ICCs/IPs to their ancestral equal to that of the land previously occupied by
b. The State shall protect the rights of ICCs/IPs to domains shall be recognized and protected. Such rights them, suitable to provide for their present needs
their ancestral domains to ensure their shall include: and future development. Persons thus relocated
economic, social and cultural well being and shall shall likewise be fully compensated for any
recognize the applicability of customary laws a. Rights of Ownership.- The right to claim resulting loss or injury;
governing property rights or relations in ownership over lands, bodies of water d. Right in Case of Displacement. In case
determining the ownership and extent of traditionally and actually occupied by ICCs/IPs, displacement occurs as a result of natural
ancestral domain; sacred places, traditional hunting and fishing catastrophes, the State shall endeavor to resettle
c. The State shall recognize, respect and protect the grounds, and all improvements made by them at the displaced ICCs/IPs in suitable areas where
rights of ICCs/IPs to preserve and develop their any time within the domains; they can have temporary life support system:
cultures, traditions and institutions. It shall b. Right to Develop Lands and Natural Resources.- Provided, That the displaced ICCs/IPs shall have
consider these rights in the formulation of Subject to Section 56 hereof, right to develop, the right to return to their abandoned lands until
national laws and policies; control and use lands and territories traditionally such time that the normalcy and safety of such
d. The State shall guarantee that members of the occupied, owned, or used; to manage and lands shall be determined: Provided, further,
ICCs/IPs regardless of sex, shall equally enjoy the conserve natural resources within the territories That should their ancestral domain cease to exist
full measure of human rights and freedoms and uphold the responsibilities for future and normalcy and safety of the previous
without distinctions or discriminations; generations; to benefit and share the profits settlements are not possible, displaced ICCs/IPs
e. The State shall take measures, with the from allocation and utilization of the natural shall enjoy security of tenure over lands to which
participation of the ICCs/IPs concerned, to resources found therein; the right to negotiate they have been resettled: Provided, furthermore,
protect their rights and guarantee respect for the terms and conditions for the exploration of That basic services and livelihood shall be
their cultural integrity, and to ensure that natural resources in the areas for the purpose of provided to them to ensure that their needs are
members of the ICCs/IPs benefit on an equal ensuring ecological, environmental protection adequately addressed:
footing from the rights and opportunities which and the conservation measures, pursuant to e. Right to Regulate Entry of Migrants.- Right to
national laws and regulations grant to other national and customary laws; the right to an regulate the entry of migrant settlers and
members of the population and informed and intelligent participation in the organizations into the domains;
f. Right to Safe and Clean Air and Water.- For this c. Observe Laws- To observe and comply with the without the written consent of the specific persons
purpose, the ICCs/IPs shall have access to provisions of this Act and the rules and authorized to give consent .
integrated systems for the management of their regulations for its effective implementation.
inland waters and air space; Sec. 59. Certification Precondition. all department and
g. Right to Claim Parts of Reservations.- The right to Sec. 35. Access to Biological and Genetic Resources. other governmental agencies shall henceforth be strictly
claim parts of the ancestral domains which have Access to biological and genetic resources and to enjoined from issuing, renewing, or granting any
been reserved for various purposes, except those indigenous knowledge related to the conservation, concession, license or lease, or entering into any
reserved and intended for common and public utilization and enhancement of these resources, shall be production-sharing agreement, without prior certification
welfare and service; and allowed within ancestral lands and domains of the ICCs/IPs from the NCIP that the area affected does not overlap with
h. Right to Resolve Conflict.- Right to resolve land only with a free and prior informed consent of such any ancestral domain. Such certificate shall only be issued
conflicts in accordance with customary laws of communities, obtained in accordance with customary laws after a field-based investigation is conducted by the
the area where the land is located, and only in of the concerned community. Ancestral Domain Office of the area concerned: Provided,
default thereof shall the complaints be That no certificate shall be issued by the NCIP without the
submitted to amicable settlement and to the Sec. 57. Natural Resources within Ancestral Domains. The free and prior informed and written consent of the
Courts of Justice whenever necessary. ICCs/IPs shall have the priority rights in the harvesting, ICCs/IPs concerned: Provided, further, That no
extraction, development or exploitation of any natural department, government agency or government-owned or
Sec. 8. Rights to Ancestral Lands. The right of ownership resources within the ancestral domains. A non-member of -controlled corporation may issue new concession, license,
and possession of the ICCs/IPs, to their ancestral lands the ICCs/IPs concerned may be allowed to take part in the lease, or production sharing agreement while there is
shall be recognized and protected. development and utilization of the natural resources for a pending application CADT: Provided, finally, That the
period of not exceeding twentyfive (25) years renewable ICCs/IPs shall have the right to stop or suspend, in
a. Right to transfer land/property.- Such right shall for not more than twenty-five (25) years: Provided, That a accordance with this Act, any project that has not satisfied
include the right to transfer land or property formal and written agreement is entered into with the the requirement of this consultation process.
rights to/among members of the same ICCs/IPs, ICCs/IPs concerned or that the community, pursuant to its
subject to customary laws and traditions of the own decision making process, has agreed to allow such 8. Peoples Small Scale Mining Act of 1991 (R.A.
community concerned. operation: Provided, finally, That the all extractions shall be 7076)
b. Right to Redemption.- In cases where it is shown used to facilitate the development and improvement of
that the transfer of land/property rights by virtue the ancestral domains. Sec. 3. Definitions. For purposes of this Act, the
of any agreement or devise, to a non-member of following terms shall be defined as follows:
the concerned ICCs/IPs is tainted by the vitiated Sec. 58. Environmental Consideration. Ancestral domains
consent of the ICCs/IPs, or is transferred for an or portion thereof, which are found necessary for critical (a) "Mineralized areas" refer to areas with naturally
unconscionable consideration or price, the watersheds, mangroves wildlife sanctuaries, wilderness, occurring mineral deposits of gold, silver, chromite, kaolin,
transferor ICC/IP shall have the right to redeem protected areas, forest cover, or reforestation as silica, marble, gravel, clay and like mineral resources;
the same within a period not exceeding fifteen determined by the appropriate agencies with the full (b) "Small-scale mining" refers to mining activities which
(15) years from the date of transfer. participation of the ICCs/IPs concerned shall be rely heavily on manual labor using simple implement and
Sec. 9. Responsibilities of ICCs/IPs to their Ancestral maintained, managed and developed for such purposes. methods and do not use explosives or heavy mining
Domains. ICCs/IPs occupying a duly certified ancestral The ICCs/IPs concerned shall be given the responsibility to equipment;
domain shall have the following responsibilities: maintain, develop, protect and conserve such areas with (c) "Small-scale miners" refer to Filipino citizens who,
the full and effective assistance of the government individually or in the company of other
a. Maintain Ecological Balance- To preserve, agencies. Should the ICCs/IPs decide to transfer the Filipino citizens, voluntarily form a cooperative duly
restore, and maintain a balanced ecology in the responsibility over the areas, said decision must be made licensed by the Department of Environment and Natural
ancestral domain by protecting the flora and in writing. The consent of the ICCs/IPs should be arrived at Resources to engage, under the terms and conditions of a
fauna, watershed areas, and other reserves; in accordance with its customary laws without prejudice to contract, in the extraction or removal of minerals or ore-
b. Restore Denuded Areas- To actively initiate, the basic requirement of the existing laws on free and bearing materials from the ground;
undertake and participate in the reforestation of prior informed consent: Provided, That the transfer shall (d) "Small-scale mining contract" refers to co-production,
denuded areas and other development programs be temporary and will ultimately revert to the ICCs/IPs in joint venture or mineral production sharing agreement
and projects subject to just and reasonable accordance with a program for technology transfer: between the State and a small-scale mining contractor for
remuneration; and Provided, further, That no ICCs/IPs shall be displaced or the small-scale utilization of a plot of mineral land;
relocated for the purpose enumerated under this section (e) "Small-scale mining contractor" refers to an individual
or a cooperative of small-scale miners, registered with the
Securities and Exchange Commission or other appropriate marine reserved, parks and wildlife reservations, unless
government agency, which has entered into an agreement their status as such is withdrawn by competent authority . Sec. 15. Rights of Private Landowners. The private
with the State for the small-scale landowner or lawful possessor shall be notified of any plan
utilization of a plot of mineral land within a people's small- Sec. 7. Ancestral Lands. No ancestral land may be or petition to declare his land as a people's small-scale
scale mining area; declared as a people's small-scale mining area without the mining area. Said landowner may oppose such plan or
(f) "Active mining area" refers to areas under actual prior consent of the cultural communities concerned: petition in an appropriate proceeding and hearing
exploration, development, exploitation or commercial Provided, That, if ancestral lands are declared as people's conducted before the Board.
production as determined by the Secretary after the small-scale mining areas, the members of the cultural
necessary field investigation or verification including communities therein shall be given priority in the awarding If a private land is declared as a people's small-scale
contiguous and geologically related areas belonging to the of small-scale mining contracts. mining area, the owner and the smallscale mining
same claimowner and/or under contract with an operator, contractors are encouraged to enter into a voluntary and
but in no case to exceed the maximum area allowed by Sec. 11. Easement Rights. Upon the declaration of a acceptable contractual agreement for the small-scale
law; people's small-scale mining area, the director, in utilization of the mineral values from the private land:
(g) "Existing mining right" refers to perfected and consultation with the operator, claimowner, landowner or Provided, That the owner shall in all cases be entitled to
subsisting claim, lease, license or permit covering a lessor of an affected area, shall determine the right of the the payment of actual damages which he may suffer as a
mineralized area prior to its declaration as a people's small scale miners to existing facilities such as mining and result of such declaration: Provided, further, That royalties
small-scale mining area; logging roads, private roads, port and communication paid to the owner shall in no case exceed one percent (1%)
(h) "Claimowner" refers to a holder of an existing mining facilities, processing plants which are necessary for the of the gross value of the minerals recovered as royalty.
right; effective implementation of the People's Small-scale
(i) "Processor" refers to a person issued a license to engage Mining Program, subject to payment of reasonable fees to Sec. 17. Sale of Gold. All gold produced by small-scale
in the treatment of minerals or ore bearing materials such the operator, claimowner, landowner or lessor. miners in any mineral area shall be sold to the Central
as by gravity concentration, leaching benefication, Bank , or its duly authorized representatives, which shall
cyanidation, cutting, sizing, polishing and other similar Sec. 14. Rights of Claimowners. In case a site declared buy it at prices competitive with those prevailing in the
activities; and set aside as a people's-scale mining area is covered by world market regardless of volume or weight. The Central
(j) "License" refers to the privilege granted to a person to an existing mining right, the claimowner and the small- Bank shall establish as many buying stations in gold-rush
legitimately pursue his occupation as a small-scale miner scale miners therein are encouraged to enter into a areas to fully service the requirements of the small-scale
or processor under this Act; voluntary and acceptable contractual agreement with minerals thereat.
(k) "Mining plan" refers to a two-year program of activities respect to the small-scale utilization of the mineral values
and methodologies employed in the extraction and from the area under claim. In case of disagreement, the Sec. 20. People's Small-scale Mining Protection Fund.
production of minerals or ore-bearing materials, including claimowner shall be entitled to the following rights and There is hereby created a People's Small-scale Mining
the financial plan and other resources in support thereof; privileges: Protection Fund which shall be fifteen percent (15%) of the
(l) "Director" refers to the regional executive director of national government's share due the Government which
the Department of Environment and (a) Exemption from the performance of annual work shall be used primarily for information dissemination and
Natural Resources; and obligations and payment of occupation fees, rental, training of small-scale miners on safety, health and
(m) "Secretary" refers to the Secretary of the Department and real property taxes; environmental protection, and the establishment of mine
of Environment and Natural Resources. (b) Subject to the approval of the Board, free access to rescue and recovery teams including the procurement of
the contract area to conduct metallurgical tests, rescue equipment necessary in cases of emergencies such
Sec. 5. Declaration of People's Small-scale Mining Areas. explorations and other activities, provided such as landslides, tunnel collapse, or the like. The fund shall
The Board is hereby authorized to declare and set aside activities do not unduly interfere with the operations also be made available to address the needs of the small-
people's small-scale mining areas in sites onshore suitable of the small-scale miners; and scale miners brought about by accidents and/or fortuitous
for smallscale mining, subject to review by the Secretary, (c) Royalty equivalent to one and one half percent (1 events.
immediately giving priority to areas already occupied and 1/2%) of the gross value of the metallic mineral
actively mined by small-scale miners before August 1, output or one percent (1%) of the gross value of the 9. Philippine Mining Act of 1995
1987: Provided, That such areas are not considered as nonmetallic mineral output to be paid to the
active mining areas: Provided, further, That the minerals claimowner: Provided, That such rights and privileges Section 2. Declaration of Policy
found therein are technically and commercially suitable for shall be available only if he is not delinquent and
small-scale mining activities: Provided, finally, That the other performance of his annual work obligations and All mineral resources in public and private lands within the
areas are not covered by existing forest rights or other requirements for the last two (2) years prior to territory and exclusive economic zone of the
reservations and have not been declared as tourist or the effectivity of this Act.
Republic of the Philippines are owned by the State. It shall the royalty payment, upon utilization of the minerals shall Department Administrative Order No. 25, series of 1992
be the responsibility of the State to promote be agreed upon by the parties. The said and other laws.
their rational exploration, development, utilization and royalty shall form part of a trust fund for the
conservation through the combined efforts of socioeconomic well-being of the indigenous cultural Section 32. Terms.
government and the private sector in order to enhance community.
national growth in a way that effectively Mineral agreements shall have a term not exceeding
safeguards the environment and protect the rights of Section 18. Areas Open to Mining Operations. twenty-five (25) years to start from the date of
affected communities. execution thereof, and renewable for another term not
Subject to any existing rights or reservations and prior exceeding twenty-five (25) years under the same
Sec. 3(m). Environmental compliance certificate (ECC) agreements of all parties, all mineral resources in terms and conditions thereof, without prejudice to
refers to the document issued by the public or private lands, including timber or forestlands as changes mutually agreed upon by the parties. After
government agency concerned certifying that the project defined in existing laws, shall be open to the renewal period, the operation of the mine may be
under consideration will not bring mineral agreements or financial or technical assistance undertaken by the Government or through a
about an unacceptable environmental impact and that the agreement applications. Any conflict that may contractor. The contract for the operation of a mine shall
proponent has complied with the arise under this provision shall be heard and resolved by be awarded to the highest bidder in a public
requirements of the environmental impact statement the panel of arbitrators. bidding after due publication of the notice thereof:
system. Provided, That the contractor shall have the right to
Section 19. Areas Closed to Mining Applications. equal the highest bid upon reimbursement of all
Sec. 3(n). Environmental impact statement (EIS) is the reasonable expenses of the highest bidder.
document which aims to identify, predict, Mineral agreement or financial or technical assistance
interpret, and communicate information regarding changes agreement applications shall not be allowed: CHAPTER XI: SAFETY AND ENVIRONMENTAL PROTECTION
in environmental quality a. In military and other government reservations, except
associated with a proposed project and which examines upon prior written clearance by the Section 63. Mines Safety and Environmental Protection
the range of alternatives for the government agency concerned;
objectives of the proposal and their impact on the b. Near or under public or private buildings, cemeteries, All contractors and permittees shall strictly comply with all
environment. archeological and historic sites, the mines safety rules and regulations as
bridges, highways, waterways, railroads, reservoirs, dams may be promulgated by the Secretary concerning the safe
Section 4 Ownership of Mineral Resources. or other infrastructure projects, and sanitary upkeep of the mining operations
Mineral resources are owned by the State and the public or private works including plantations or valuable and achieve waste-free and efficient mine development.
exploration; development, utilization, and processing crops, except upon written consent of Personnel of the Department involved in the
thereof shall be under its full control and supervision. The the government agency or private entity concerned; implementation of mines safety, health and environmental
State may directly undertake such activities c. In areas covered by valid and existing mining rights; rules and regulations shall be covered under
or it may enter into mineral agreements with contractors. d. In areas expressedly prohibited by law; Republic Act No. 7305.
The State shall recognize and protect the e. In areas covered by small-scale miners as defined by law
rights of the indigenous cultural communities to their unless with prior consent of the Section 64. Mine Labor
ancestral lands as provided for by the Constitution. small-scale miners, in which case a royalty payment upon
the utilization of minerals shall be No person under sixteen (16) years of age shall be
Section 16. Opening of Ancestral Lands for Mining agreed upon by the parties, said royalty forming a trust employed in any phase of mining operations and no
Operations. fund for the socioeconomic person under eighteen (18) years of age shall be employed
development of the community concerned; and underground in a mine.
No ancestral land shall be opened for mining-operations f. Old growth or virgin forests, proclaimed watershed forest
without prior consent of the indigenous cultural reserves, wilderness areas, Section 69. Environmental Protection
community concerned. mangrove forests, mossy forests, national parks
provincial/municipal forests, parks, greenbelts, Every contractor shall undertake an environmental
Section 17. Royalty Payments for Indigenous Cultural game refuge and bird sanctuaries as defined by law and in protection and enhancement program covering the
Communities. areas expressly prohibited under period of the mineral agreement or permit. Such
In the event of an agreement with an indigenous cultural the National Integrated Protected Areas System (NIPAS) environmental program shall be incorporated in the
community pursuant to the preceding section, under Republic Act No. 7586, work program which the contractor or permittee shall
submit as an accompanying document to the
application for a mineral agreement or permit. The work Section 72. Timber Rights.
program shall include not only plans relative to Section 76. Entry into Private Lands and Concession
mining operations but also to rehabilitation, regeneration, Any provision of law to the contrary notwithstanding, a Areas.
revegetation and reforestation of mineralized contractor may be granted a right to cut trees or
areas, slope stabilization of mined-out and tailings covered timber within his mining area as may be necessary for his Subject to prior notification, holders of mining rights shall
areas, aquaculture, watershed development mining operations subject to forestry laws, not be prevented from entry into private lands
and water conservation; and socioeconomic development. rules and regulations: Provided, That if the land covered by and concession areas by surface owners, occupants, or
the mining area is already covered by concessionaires when conducting mining
Section 70. Environmental Impact Assessment (EIA) existing timber concessions, the volume of timber needed operations therein: Provided, That any damage done to the
and the manner of cutting and removal property of the surface owner, occupant, or
Except during the exploration period of a mineral thereof shall be determined by the mines regional director, concessionaire as a consequence of such operations shall
agreement or financial or technical assistance upon consultation with the contractor, the be properly compensated as may be
agreement or an exploration permit, an environmental timber concessionaire/permittee and the Forest provided for in the implementing rules and regulations:
clearance certificate shall be required based on Management Bureau of the Department: Provided, Provided, further, That to guarantee such
an environmental impact assessment and procedures further, That in case of disagreement between the compensation, the person authorized to conduct mining
under the Philippine Environmental Impact contractor and the timber concessionaire, the matter operation shall, prior thereto, post a bond with
Assessment System including Sections 26 and 27 of the shall be submitted to the Secretary whose decision shall be the regional director based on the type of properties, the
Local Government Code of 1991 which require final. The contractor shall perform prevailing prices in and around the area where
national government agencies to maintain ecological reforestation work within his mining area in accordance the mining operations are to be conducted, with surety or
balance, and prior consultation with the local with forestry laws, rules and regulations. sureties satisfactory to the regional director.
government units, non-governmental and peoples
organizations and other concerned sectors of the Section 74. Right to Possess Explosives. CHAPTER XIV: GOVERNMENT SHARE
community: Provided, That a completed ecological profile
of the proposed mining area shall also A contractor/exploration permittee shall have the right to Section 80. Government Share in Mineral Production
constitute part of the environmental impact assessment. possess and use explosives within his Sharing Agreement.
Peoples organizations and non-governmental contract/permit area as may be necessary for his mining
organizations shall be allowed and encouraged to operations upon approval of application with The total government share in a mineral production
participate in ensuring that contractors/permittees shall the appropriate government agency in accordance with sharing agreement shall be the excise tax on
observe all the requirements of environmental protection. existing laws, rules and regulations mineral products as provided in Republic Act No. 7729,
promulgated thereunder: Provided, That the Government amending Section 151(a) of the National
Section 71. Rehabilitation. reserves the right to regulate and control the Internal Revenue Code, as amended.
explosive accessories to ensure safe mining operations.
Contractors and permittees shall technically and Section 81. Government Share in Other Mineral
biologically rehabilitate the excavated, mined-out, Section 75. Easement Rights. Agreements
tailings covered and disturbed areas to the condition of
environmental safety, as may be provided in the When mining areas are so situated that for purposes of The share of the Government in co-production and joint-
implementing rules and regulations of this Act. A mine more convenient mining operations it is venture agreements shall be negotiated by the
rehabilitation fund shall be created, based on the necessary to build, construct or install on the mining areas Government and the contractor taking into consideration
contractors approved work program, and shall be or lands owned, occupied or leased by other the:
deposited as a trust fund in a government depository persons, such infrastructure as roads, railroads, mills, a. capital investment of the project;
bank and used for physical and social rehabilitation of waste dump sites, tailings ponds, warehouses, b. risks involved;
areas and communities affected by mining staging or storage areas and port facilities, tramways, c. contribution of the project to the economy; and
activities and for research on the social, technical and runways, airports, electric transmission, d. other factors that will provide for a fair and equitable
preventive aspects of rehabilitation. Failure to telephone or telegraph lines, dams and their normal flood sharing between the Government and
fulfill the above obligation shall mean immediate and catchment areas, sites for water wells, the contractor
suspension or closure of the mining activities of the ditches, canals, new river beds, pipelines, flumes, cuts, The Government shall also be entitled to compensations
contractor/permittee concerned. shafts, tunnels, or mills, the contractor, upon for its other contributions which shall be
CHAPTER XII: AUXILIARY MINING RIGHTS payment of just compensation, shall be entitled to enter agreed upon by the parties, and shall consist, among other
and occupy said mining areas or lands. things, the contractors income tax, excise
tax, special allowance, withholding tax due from the tailings fee shall accrue to a reserve fund to be used entitled to the applicable fiscal and non-fiscal incentives as
contractors foreign stockholders arising from exclusively for payment for damages to: provided for under Executive Order No. 226,
dividend or interest payments to the said foreign a. Lives and personal safety; otherwise known as the Omnibus Investments Code of
stockholders, in case of a foreign national, and all such b. Lands, agricultural crops and forest products, marine life 1987. Provided, That holders of exploration
other taxes, duties and fees as provided for under existing and aquatic resources, cultural permits may register with the Board of Investments and be
laws. resources; and entitled to the fiscal incentives granted under
The Government share in financial or technical assistance c. Infrastructure and the revegetation and rehabilitation of the said Code for the duration of the permits or extensions
agreement shall consist of, among other silted farm lands and other areas thereof: Provided, further, That miningactivities shall
things, the contractors corporate income tax, excise tax, devoted to agriculture and fishing caused by mining always be included in the investment priorities plan.
special allowance, withholding tax due from pollution.This is in addition to the suspension or closure of
the contractors foreign stockholders arising from dividend the activities of the contractor at any time and the Section 92. Income Tax-Carry Forward of Losses
or interest payments to the said foreign penal sanctions imposed upon the same.The Secretary is
stockholder in case of a foreign national and all such other authorized to increase mine wastes and tailings fees, when A net operating loss without the benefit of incentives
taxes, duties and fees as provided for under public interest so requires, incurred in any of the first ten (10) years of
existing laws. upon the recommendation of the Director. operations may be carried over as a deduction from
The collection of Government share in financial or taxable income for the next five (5) years
technical assistance agreement shall Section 86: Occupation Fees immediately following the year of such loss. The entire
commence after the financial or technical assistance amount of the loss shall be carried over to the
agreement contractor has fully recovered There shall be collected from any holder of a mineral first of the five (5) taxable years following the loss, and any
its pre-operating expenses, exploration, and development agreement, financial or technical assistance portion of such loss which exceeds the
expenditures, inclusive. agreement or exploration permit on public or private taxable income of such first year shall be deducted in like
lands, an annual occupation fee in accordance with manner from the taxable income of the next
CHAPTER XV: TAXES AND FEES the following schedule: remaining four (4) years .
a. For exploration permit Five pesos (P5.00) per hectare
Section 83. Income Taxes. or fraction thereof per annum; Section 94. Investment Guarantees
b. For mineral agreements and financial or technical
After the lapse of the income tax holiday as provided for in assistance agreements Fifty pesos f . Confidentiality . Any confidential information supplied
the Omnibus Investments Code, the (P50.00) per hectare or fraction thereof per annum; and by the contractor pursuant to this Act
contractor shall be liable to pay income tax as provided in c. For mineral reservation One hundred pesos (P100.00) and its implementing rules and regulations shall be treated
the National Internal Revenue Code, as per hectare or fraction thereof per as such by the Department and the
amended. annum. Government, and during the term of the project to which
The Secretary is authorized to increase the occupation fees it relates.
Section 84. Excise Tax on Mineral Products. provided herein when the public interest so
requires, upon recommendation of the Bureau Director. Section 108 Violation of the Terms and Conditions of the
The contractor shall be liable to pay the excise tax on Environmental Compliance Certificate.
mineral products as provided for under Section Section 88. Allocation of Occupation Fees.
151 of the National Internal Revenue Code: Provided, Any person who willfully violates or grossly neglects to
however, That with respect to a mineral Thirty per centum (30%) of all occupational fees collected abide by the terms and conditions of the
production sharing agreement, the excise tax on mineral from holders of mining rights in onshore environmental compliance certificate issued to said person
products shall be the government share under mining areas shall accrue to the province and seventy per and which causes environmental damage
said agreement. centum (70%) to the municipality in which the through pollution shall suffer the penalty of imprisonment
onshore mining areas are located. In a chartered city, the of six (6) months to six (6) years or a fine of
Section 85.Mine Wastes and Tailings Fees full amount shall accrue to the city concerned. Fifty thousand pesos (P50,000.00) to Two hundred
thousand pesos (P200,000.00), or both, at the
A semi-annual fee to be known as mine wastes and tailings CHAPTER XVI: INCENTIVES discretion of the court.
fee is hereby imposed on all operating
mining companies in accordance with the implementing Section 90. Incentives
rules and regulations. The mine wastes and The contractors in mineral agreements, and financial or 10. Selection Provisions of the Local Government
technical assistance agreements shall be Code (R.A. 7160)
organizations, and other sectors concerned and explain the TITLE VI: LOCAL DEVELOPMENT COUNCILS
Section 2. Declaration of Policy. - goals and objectives of the project or
(a) It is hereby declared the policy of the State that the program, its impact upon the people and the community Section 106. Local Development Councils. - (a) Each local
territorial and political subdivisions of the in terms of environmental or ecological government unit shall have a comprehensive
State shall enjoy genuine and meaningful local autonomy balance, and the measures that will be undertaken to multi-sectoral development plan to be initiated by its
to enable them to attain their fullest prevent or minimize the adverse effects development council and approved by its
development as self-reliant communities and make them thereof . sanggunian. For this purpose, the development council at
more effective partners in the attainment the provincial, city, municipal, or barangay
of national goals. Toward this end, the State shall provide Section 27. Prior Consultations Required . - No project or level, shall assist the corresponding sanggunian in setting
for a more responsive and accountable program shall be implemented by the direction of economic and social
local government structure instituted through a system of government authorities unless the consultations development, and coordinating development efforts within
decentralization whereby local mentioned in Sections 2 (c) and 26 hereof are complied its territorial jurisdiction.
government units shall be given more powers, authority, with, and prior approval of the sanggunian concerned is
responsibilities, and resources. The obtained: Provided, That occupants in areas Section 107. Composition of Local Development Councils.
process of decentralization shall proceed from the national where such projects are to be implemented shall not be - The composition of the local development
government to the local government evicted unless appropriate relocation sites have council shall be as follows:
units. been provided, in accordance with the provisions of the (1) Members of the sangguniang barangay;
Constitution . (2) Representatives of non-governmental organizations
Section 16. General Welfare. - Every local government unit operating in the barangay who
shall exercise the powers expressly CHAPTER IV: Relations With People's and Non- shall constitute not less than one fourth () of the
granted, those necessarily implied therefrom, as well as Governmental Organizations members of the fully organized council;
powers necessary, appropriate, or (3) A representative of the congressman.(b) The city or
incidental for its efficient and effective governance, and Section 34. Role of People's and Non-governmental municipal development council shall be headed by the
those which are essential to the Organizations. - Local government units shall mayor and shall be
promotion of the general welfare. Within their respective promote the establishment and operation of people's and composed of the following members:
territorial jurisdictions, local government non-governmental organizations to become (1) All punong barangays in the city or municipality;
units shall ensure and support, among other things, the active partners in the pursuit of local autonomy. (2) The chairman of the committee on appropriations of
preservation and enrichment of culture, the sangguniang panlungsod or
promote health and safety, enhance the right of the Section 35. Linkages with People's and Non-governmental sangguniang bayan concerned;
people to a balanced ecology, encourage and Organizations. - Local government units may (3) The congressman or his representative; and
support the development of appropriate and self-reliant enter into joint ventures and such other cooperative (4) Representatives of non-governmental organizations
scientific and technological capabilities, arrangements with people's and non-governmental operating in the city or
improve public morals, enhance economic prosperity and organizations to engage in the delivery of certain basic municipality, as the case may be, who shall constitute not
social justice, promote full employment services, capability-building and livelihood less than one-fourth () of the
among their residents, maintain peace and order, and projects, and to develop local enterprises designed to members of the fully organized council.
preserve the comfort and convenience of improve productivity and income, diversity
their inhabitants. agriculture, spur rural industrialization, promote ecological Sec. 199(p)"Mineral Lands" are lands in which minerals,
balance, and enhance the economic and social metallic or non-metallic, exist in sufficient
Section 26. Duty of National Government Agencies in the well-being of the people. quantity or grade to justify the necessary expenditures to
Maintenance of Ecological Balance . - It extract and utilize such materials;
shall be the duty of every national agency or government- Section 36. Assistance to People's and Non-governmental
owned or controlled corporation authorizing or Organizations. - A local government unit may, Section 290. Amount of Share of Local Government
involved in the planning and implementation of any project through its local chief executive and with the concurrence Units . - Local government units shall, in addition
or program that may cause pollution, climatic of the sanggunian concerned, provide to the internal revenue allotment, have a share of forty
change, depletion of non-renewable resources, loss of crop assistance, financial or otherwise, to such people's and percent (40%) of the gross collection derived by
land, rangeland, or forest cover, and non-governmental organizations for economic, the national government from the preceding fiscal year
extinction of animal or plant species, to consult with the socially-oriented, environmental, or cultural projects to be from mining taxes, royalties, forestry and fishery
local government units, nongovernmenta l implemented within its territorial jurisdiction. charges, and such other taxes, fees, or charges, including
related surcharges, interests, or fines, and
from its share in any co-production, joint venture or
production sharing agreement in the utilization and
development of the national wealth within their territorial
jurisdiction.

Section 291. Share of the Local Governments from any


Government Agency or Owned or Controlled
Corporation. - Local government units shall have a share
based on the preceding fiscal year from the
proceeds derived by any government agency or
government-owned or controlled corporation engaged in
the utilization and development of the national wealth
based on the following formula whichever will
produce a higher share for the local government unit:
(a) One percent (1%) of the gross sales or receipts of the
preceding calendar year; or
(b) Forty percent (40%) of the mining taxes, royalties,
forestry and fishery charges and such other
taxes, fees or charges, including related surcharges,
interests, or fines the government agency or
government owned or controlled corporation would have
paid if it were not otherwise exempt.

Section 292. Allocation of Shares. - The share in the


preceding Section shall be distributed in the
following manner:
(a) Where the natural resources are located in the
province:
(1) Province - Twenty percent (20%);
(2) Component City/Municipality - Forty-five percent
(45%); and
(3) Barangay - Thirty-five percent (35%)
Provided, however, That where the natural resources are
located in two (2) or more provinces, or
in two (2) or more component cities or municipalities or in
two (2) or more barangays, their
respective shares shall be computed on the basis of:
(1) Population - Seventy percent (70%); and
(2) Land area - Thirty percent (30%)
(b) Where the natural resources are located in a highly
urbanized or independent component city:
(1) City - Sixty-five percent (65%); and
(2) Barangay - Thirty-five percent (35%)
Provided, however, That where the natural resources are
located in such two (2) or more cities,
the allocation of shares shall be based on the formula on
population and land area as specified in
paragraph (a) of this Section.

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