BLUE LAWS - Written Report PDF

The Blue Laws of
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the Philippines
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BLUE TEAM MEMBERS
AGUINALDO, Jerwin FERNANDEZ, Jonah U.

BARROGA, Iyra Joy GASMIN, Nenita P.
CORONEL, Nikki Manuel LAYGO, Mark Dann
DALAGAN, Aiko Marie E. PASCASIO, Raynel
DOROJA, Patricia Agatha May ROSARIO, Jay-Ar S.
ESPIRITU, Mary Joy RUIZ, Ruel J.
2|Natural Resources and Environmental Laws
TABLE of CONTENTS
Introduction
3
The Water Code of the Philippines

6
Presidential Decree No. 1067, s. 1976
Philippine Clean Water Act of 2004

19
Republic Act No. 9275
The Philippine Fisheries Code of 1998

28
Republic Act No. 8550, as amended by Republic Act No. 10654
Laguna Lake Development Authority

56
INTRODUCTION
Water resources law (“Water Law”) is the field of law dealing with the ownership, control,
and use of water as a resource. It is most closely related to property law.
The history of people’s relation to water illustrates varied approaches to the management
of water resources.
Water is mobile, its supply varies by year and season as well as location, and it can be used
simultaneously by many users. As with property (land) law, water rights can be described as a
“bundle of sticks” containing multiple, separable activities that can have varying levels of
regulation. Some uses of water divert it from its natural course but return most or all of it
(e.g. hydroelectric plants), while others consume much of what they take (ice, agriculture), and
still others use water without diverting it at all (e.g. boating). Each type of activity has its own
needs and can in theory be regulated separately. There are several types of conflict likely to arise:
absolute shortages; shortages in a particular time or place; diversions of water that reduce the flow
available to others; pollutants or other changes (such as temperature or turbidity) that render water
unfit for others' use; and the need to maintain “in-stream flows” of water to protect the
natural ecosystem.
Under Philippine setting, the National Water Resources Council (NWRC) was created in
1974 as the authoritative national organization to coordinate and integrate all activities in water
resources development and management. Its main objective is to achieve scientific and orderly
development and management of all the water resources of the Philippines consistent with the
principles of optimum usage, conservation and protection to meet present and future needs. The
mantle of authority of NWRB is derived from Presidential Decree (PD) No. 424 (NWRC Charter)
and PD No. 1067 (The Water Code of the Philippines).
Fragmentation among water-related agencies is evident in three areas of concern: water

supply and distribution, economic and resource regulation, and planning and policy formulation.
The following agencies are involved in water supply and distribution:

 the Metropolitan Waterworks and Sewerage Services (MWSS) and its two concessionaires
(after it was privatized in 1997) for Metro Manila, servicing 62.68 percent of its total
population;
 the Local Water Utilities Administration (LWUA) and its water district offices for other
cities and municipalities, servicing 58 percent of the total urban population within its area
of responsibility; and
 the departments of Interior and Local Government (DILG) and Public Works and Highway
(DPWH) and local governments which manage community water systems (usually
involving point sources and piped systems with communal faucets), servicing 86.85
percent of the country’s rural population.
Besides, there are also private systems, mostly residential areas and industrial parks which
have their own systems installed, and which effectively regulate themselves, since there are no
existing laws or regulations that govern performance of public utilities, i.e. tariff, or service
efficiency.
The following agencies have the same function as resource regulators:

 The Department of Environment and Natural Resources (DENR) formulates policies for
the enforcement of environmental protection and pollution control regulations. It is
primarily responsible for the preservation of watershed areas and ensures water quality
with respect to rivers, streams and other sources of water.
 The Department of Health (DOH) is responsible for drinking water quality regulation and
supervision of general sanitation activities.
The local government units (LGUs) are also resource regulators, as the Local Government
Code of 1991 (Republic Act No. 7160) devolved to local governments the power to discharge
functions and responsibilities of national agencies and offices such as the provision of basic
services and facilities including water supply systems (Section 17). It also gave the local
governments the right to an equitable share of the proceeds from the use and development of
national wealth and resources (which can be interpreted as to include water resources) within their
respective territorial jurisdictions (Section 18). Thus, conflicts with respect to the powers of the
water agencies including NWRB vis-à-vis the local governments have arisen.
As for planning and policy formulation, numerous agencies are involved, including the
National Economic Development Authority (NEDA), NWRC, LWUA and LGUs. NEDA serves
as the highest socio-economic planning and policymaking agency of government. It ensures that
programmes of government agencies are consistent with the government programmes as laid out
in the Medium-term Development Plan, the Long-term Development Plan (also known as Plan 21)
and the Medium-term Public Investment Programme. Both planning documents incorporate water
resources sector plans at the national and regional levels.
There are also coordinating committees established to align development of water

resources with the national strategies and fiscal direction of the government – the National
Irrigation Administration (NIA), the National Power Corporation (NPC), and the Department of
Energy. They also involved in planning and water infrastructure development with respect to the
requirements of their respective sectors.
For the past years, the national government has endeavoured to develop an efficient water
resources management system. There have been several studies of paramount impact to the sector
such as the NWRC Framework Plans and the Master Plan Study on Water Resources Management
in the Philippines in 1998 as a bid to fully rationalize the sector and revitalize it in terms of the
efficiency and sufficiency of its service and resources.
For water resources, the vision is of sustainable water management to provide affordable
water for adequate needs, including disposal.
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Presidential Decree No. 1067

The Water Code of the Philippines
*****
GASMIN, Nenita P.
AGUINALDO, Jerwin
RUIZ, Ruel J.
THE WATER CODE OF THE PHILIPPINES

(P.D. No. 1067, December 31, 1976)
A DECREE INSTITUTING A WATER CODE, THEREBY REVISING AND
CONSOLIDATING THE LAWS GOVERNING THE OWNERSHIP, APPROPRIATION,
UTILIZATION, EXPLOITATION, DEVELOPMENT, CONSERVATION AND
PROTECTION OF WATER RESOURCES
ARTICLE 2: The objectives of this Code are:

a. To establish the basic principles and framework relating to the appropriation, control and
conservation of water resources to achieve the optimum development and rational
utilization of these resources;
b. To define the extent of the rights and obligations of water users and owners including the
protection and regulation of such rights;
c. To adopt a basic law governing the ownership, appropriation, utilization, exploitation,
development, conservation and protection of water resources and rights to land related
thereto; and
d. To identify the administrative agencies which will enforce this Code.
ARTICLE 3: The underlying principles of this Code are:

a. All waters belong to the State.
b. All waters that belong to the State cannot be the subject to acquisitive prescription.
c. The State may allow the use or development of waters by administrative concession.
d. The utilization, exploitation, development, conservation and protection of water resources
shall be subject to the control and regulation of the government through the National Water
Resources Council (NWRC).
e. Preference in the use and development of waters shall consider current usages and be
responsive to the changing needs of the country.
ARTICLE 4: Waters, as used in this Code, refers to water under the grounds, water above the
ground, water in the atmosphere and the waters of the sea within the territorial jurisdiction of the
Philippines.
WHAT ARE THE WATERS OWNED BY THE STATE?

A. Waters by nature:
a. Rivers and their natural beds;
b. Continuous or intermittent waters of springs and brooks running in their natural
beds and the beds themselves;
c. Natural lakes and lagoons;
d. All other categories of surface waters such as water flowing over lands, water from
rainfall whether natural or artificial, and water from agriculture runoff, seepage and
drainage;
e. Atmospheric water;
f. Subterranean or ground waters; and
g. Seawater.
B. Waters found on private lands but belong to the State:
a. Continuous or intermittent waters rising on such lands;
b. Lakes and lagoons naturally occurring on such lands;
c. Rain water falling on such lands;
d. Subterranean or ground waters; and
e. Water in swamps and marshes.
The owner of the land where the water is found may use the same for domestic purposes
without securing a permit, provided that such use shall be registered, when required by the NWRC.
The NWRC, however, may regulate such when there is wastage, or in times of emergency.
ARTICLE 7: Any person who captures or collects water by means of cisterns, tanks, or pools
shall have exclusive control over such water and the right to dispose of the same.
ARTICLE 8: Water legally appropriated shall be subject to the control of the appropriator from
the moment it reaches the appropriator's canal or aqueduct leading to the place where the water
will be used or stored and, thereafter, so long as it is being beneficially used for the purposes for
which it was appropriated.
ARTICLE 9: Appropriation of water is the acquisition of rights over the use of waters or the
taking or diverting of waters from a natural source in the manner and for any purpose allowed by
law.
ARTICLE 10: Water may be appropriated for the following purposes:

a. Domestic – water for drinking, washing, bathing, cooking or other household needs, home
gardens, and watering of lawns or domestic animals;
b. Municipal – water for supplying the water requirements of the community;
c. Irrigation – water for producing agricultural crops;
d. Power generation – water for producing electrical or mechanical power;
e. Fisheries – water for the propagation and culture of fish as a commercial enterprise;
f. Livestock raising – water for large herds or flocks of animals raised as a commercial
enterprise;
g. Industrial – water in factories, industrial plants and mines, including the use of water as an
ingredient of a finished product;
h. Recreational – water for swimming pools, bath houses, boating, water skiing, golf courses
and other similar facilities in resorts and other places of recreation; and
i. Other purposes
ARTICLE 13:
“Except as otherwise herein provided, no person, including government instrumentalities or
government-owned or controlled corporations, shall appropriate water without a water right,
which shall be evidenced by a document known as a water permit.”
WHAT IS WATER RIGHT?

Water right is the privilege granted by the government to appropriate and use water.
DO WE NEED TO SECURE WATER PERMIT IN ALL WATER APPROPRIATIONS?

Water permit NEED NOT BE SECURED for any of the following:
a. Appropriation of water by means of hand-carried receptacles; and
b. Bathing or washing, watering or dipping of domestic or farm animals, and navigation of
watercrafts or transportation of logs and other objects by flotation.
WHO ARE QUALIFIED TO APPLY FOR WATER PERMIT/AUTHORITY?

Only when duly qualified by law to exploit and develop water resources, the following may apply
for water permit:
 citizens of the Philippines, of legal age; and
 juridical persons
HOW TO APPLY WATER PERMIT?

The application shall be filed with the National Water Resources Council/Board who shall
make known said application to the public for any protests.
In determining whether to grant or deny an application, the Council shall consider the
following: protests filed, if any; prior permits granted; the availability of water; the water supply
needed for beneficial use; possible adverse effects; land-use economics; and other relevant factors.
Upon approval of an application, a water permit shall be issued and recorded. Such permits
shall specify the maximum amount of water which may be diverted or withdrawn, the maximum
rate of diversion or withdrawal, the time or times during the year when water may be diverted or
withdrawn, the points or points of diversion or location of wells, the place of use, the purposes of
which water may be used and such other requirements the Council deems desirable.
10 | N a t u r a l R e s o u r c e s a n d E n v i r o n m e n t a l L a w s
AT WHAT POINT THE RIGHT TO USE WATER IS ACQUIRED?

The right to the use of water is deemed acquired as of the date of filing of the application
for a water permit in case of approved permits, or as of the date of actual use in a case where no
permit is required, subject to beneficial use and other terms and conditions as may be imposed by
the council or the NWRB.
ARE WATER RIGHTS TRANSFERRABLE?

Water rights may be leased or transferred in whole or in part to another person with prior
approval of the Council, after due notice and hearing. The measure and limit of appropriation of
water shall be beneficial use.
Beneficial use of water is the utilization of water in the right amount during the period that
the water is needed for producing the benefits for which the water is appropriated. Standards of
beneficial use shall be prescribed by the council for the appropriator of water for different purposes
and conditions, and the use of waters which are appropriated shall be measured and controlled in
accordance therewith.
Except for domestic use, every appropriator of water shall maintain water control and
measuring devices, and keep records of water withdrawal. When required by the Council, all
appropriators of water shall furnish information on water use.
ARTICLE 22: Between two or more appropriators of water from the same sources of supply,
priority in time of appropriation shall give the better right, except that in times of emergency the
use of water for domestic and municipal purposes shall have a better right over all other uses;
Provided, that where water shortage is recurrent and the appropriator for municipal use has a lower
priority in time of appropriation, then it shall be his duty to find an alternative source of supply in
accordance with conditions prescribed by the Council.
Related Jurisprudence:
Metropolitan Manila Development Authority vs. Concerned Residents of Manila Bay

GR Nos. 171947 – 48, 18 December 2008
FACTS:
Concerned Residents of Manila Bay filed a complaint before the Regional Trial Court
(RTC) in Imus, Cavite against several government agencies, among them the petitioners, for the
cleanup, rehabilitation, and protection of the Manila Bay. Raffled to Branch 20 and docketed as
Civil Case No. 1851-99 of the RTC, the complaint alleged that the water quality of
the Manila Bay had fallen way below the allowable standards set by law, specifically Presidential
Decree No. 1152 or the Philippine Environment Code.
Alleged laws violated on the continued neglect in abating the pollution of Manila Bay:
1. Respondents constitutional right to life, health, and a balanced ecology;
2. The Environment Code (PD 1152);
3. The Pollution Control Law (PD 984);
4. The Water Code (PD 1067);
5. The Sanitation Code (PD 856);
6. The Illegal Disposal of Wastes Decree (PD 825);
7. The Marine Pollution Law (PD 979);
8. Executive Order No. 192;
9. The Toxic and Hazardous Wastes Law (Republic Act No. 6969);
10. Civil Code provisions on nuisance and human relations;
11. The Trust Doctrine and the Principle of Guardianship; and
12. International Law
ISSUES:
(1) Do Sections 17 and 20 of PD 1152 under the headings, Upgrading of Water
Quality and Clean-up Operations, envisage a cleanup in general or are they limited only to
the cleanup of specific pollution incidents?
(2) Can petitioners be compelled by mandamus to clean up and rehabilitate the Manila Bay?
RULING:
Petitioners obligation to perform their duties as defined by law, on one hand, and how they
are to carry out such duties, on the other, are two different concepts. While the implementation of
the MMDA’s mandated tasks may entail a decision-making process, the enforcement of the law
or the very act of doing what the law exacts to be done is ministerial in nature and may be
compelled by mandamus.
In Social Justice Society v. Atienza, the Court directed the City of Manila to enforce, as a
matter of ministerial duty, its Ordinance No. 8027 directing the three big local oil players to cease
and desist from operating their business in the so-called Pandacan Terminals within six months
from the effectivity of the ordinance. With respect to the instant case, the MMDA’s duty to put up
an adequate and appropriate sanitary landfill and solid waste and liquid disposal as well as other
alternative garbage disposal systems is ministerial, its duty being a statutory imposition. The
MMDAs duty in this regard is spelled out in Sec. 3(c) of Republic Act No. 7924 creating the
MMDA.
“To restore the Manila Bay to its former splendour and bring back the plants and
sea life that once thrived in its blue waters, MMDA has the ministerial duty to attend
to alleviate the problem of solid and liquid waste disposal in Metro Manila.”
The Department of Health (DOH), under Article 76 of PD 1067, is tasked to promulgate

rules and regulations for the establishment of waste disposal areas that affect the source of a water
supply or a reservoir for domestic or municipal use. And under Sec. 8 of RA 9275, the DOH, in
coordination with the DENR, DPWH, and other concerned agencies, shall formulate guidelines
and standards for the collection, treatment, and disposal of sewage and the establishment and
operation of a centralized sewage treatment system. In areas not considered as highly urbanized
cities, septage or a mix sewerage-septage management system shall be employed.
Article 51 of PD 1067 provides that:
The banks of rivers and streams and the shores of the seas and
lakes throughout their entire length and within a zone of three (3) meters in
urban areas, twenty (20) meters in agricultural areas and forty (40) meters in forest
areas, along their margins, are subject to the easement of public use in the
interest of recreation, navigation, floatage, fishing and salvage. No person shall
be allowed to stay in this zone longer than what is necessary for recreation,
navigation, floatage, fishing or salvage or to build structures of any kind.
UTILIZATION OF WATERS
ARTICLE 31: Preference in the development of water resources shall consider security of the
State, multiple use, beneficial effects, adverse effects and costs of development.
ARTICLE 32: The utilization of subterranean or ground water shall be coordinated with that of
surface waters such as rivers, streams, springs and lakes, so that a superior right in one not
adversely affected by an inferior right in the other.
PROHIBITIONS AND CONDITIONS FOR USE OF WATERS

a.) No excavation for the purpose of emission of a hot spring or for the enlargement of the
existing opening thereof shall be made without prior permit. Any person or agency who
intends to develop a hot spring for human consumption must first obtain a permit from the
Department of Health. (Art. 40. Ibid)
b.) No person shall develop a stream, lake, or spring for recreational purposes without first
securing a permit from the Council. (Art. 41. Ibid)
c.) Unless otherwise ordered by the President, and only in time of national calamity or
emergency, no person shall induce or restrain rainfall by any method such as cloud seeding
without a permit from the proper government agency. (Art. 42. Ibid)
d.) No person shall raise or lower the water level of a river stream, lake, lagoon, or marsh nor
drain the same without a permit. (Art. 43. Ibid)
e.) Drainage systems shall be so constructed that their outlets are rivers, lakes, the sea, natural
bodies of water, or such other water course as may be approved by the proper government
agency. (Art. 44. Ibid)
f.) When artificial means are employed to drain water from higher to lower land, the owner if
the higher land shall select the routes and methods of drainage that will cause the minimum
damage to the lower lands, subject to the requirements of just compensation. (Art. 45. Ibid)
g.) When the use, conveyance or storage of waters results in damage to another, the person
responsible for the damage shall pay compensation. (Art. 47. Ibid)
EASEMENTS
Legal easements relating to waters under the Civil Code
The following are provisions of the Civil Code on legal easements relating to waters:
1. Natural drainage of Lands (Art. 637)
2. Natural drainage of Building (Art. 674)
3. Easements on riparian banks for navigation, floatage, fishing and salvage. (Art. 638)
4. Easement of a dam (Arts. 639, 647)
5. Easement for drawing water or for watering animals (Arts. 640, 641)
6. Easement of aqueduct (Arts. 643-646)
7. Easement for the construction of a stop lock or sluice gate (Art. 647)
Lower estates have the obligation to receive the water which naturally flows from the
higher estates.
CONSERVATION AND PROTECTION OF WATERS AND WATERSHEDS AND

RELATED LAND RESOURCES
• The Council shall establish:
a. Minimum stream flows for rivers/streams; and
b. Minimum water levels for lakes
For the purpose of:
1. Protection of environment
2. Control of Pollution
3. Navigation
4. Prevention of salt damage

5. General Public Use
• Any watershed or any area of land adjacent to any surface of water or overlying any ground
water may be declared by the DENR as protected area.
• DENR may promulgate Rules and Regulations to prohibit or control such activities by the
owners or occupants thereof within the protected area which may damage or cause the
deterioration of the surface water or ground water or interfere with the investigation, use,
control, protection, management or administration of such waters.
• It shall be the duty of any person in control of a well to prevent the water from flowing on
the surface of the land or into any surface water or any porous stratum underneath the
surface without being beneficially used.
• It shall be the duty of any person in control of a well containing water with mineral or other
substances injurious to man, animals, agriculture and vegetation to prevent such waters
from flowing on the surface of the land or into any surface water or into any other acquifier
or porous stratum.
• No person shall utilize an existing well or pond or spread waters for recharging
subterranean or ground water supplies without prior permission of the Council.
• To promote better water conservation and usage for irrigation purposes, the merger of
irrigation association and the appropriation of waters by associations instead of individuals
shall be encouraged.
• No water permit shall be granted to an individual when his water requirement can be
supplies through an irrigation association.
• In the consideration of a proposed water resource project, due regard shall be given to
ecological changes resulting from the construction of the project in order to balance the
needs of development and the protection of the environment.
• The conservation of fish and wildlife shall receive proper consideration and shall be
coordinated with other features of water resources development programs to insure that
fish and wildlife values receive equal attention with other project purposes.
• Swamps and marshes which are owned by the State and which primary value for waterfowl
propagation or other wildlife purposes may be reserved and protected from drainage
operation and development.
• No person shall, without prior permission from the National Pollution Control
Commission, build any works that may produce dangerous or noxious substances or
perform any act which way result in the introduction of sewage, industrial waste, or any
pollutant into any source of water supply.
• The establishment of cemeteries and waste disposal areas that may affect the source of a
water supply or a reservoir for domestic or municipal use shall be subject to the rules and
regulations promulgated by the DOH.
• Tailings from mining operations and sediments from placer mining shall not be dumped
into rivers and waterways without prior permission from the Council upon
recommendation by the National Pollution Control Commission.
• The application of agricultural fertilizers and pesticides may be prohibited or regulated by

the National Pollution Control Commission in the areas where such application may cause
pollution of a source of water supply.
ADMINISTRATION OF WATERS AND ENFORCEMENT OF THE PROVISIONS OF

THIS CODE
• Granting of permits
• Imposition of penalties for administrative violations
The Council
• is empowered to make all decisions;
• deputizes any official agency of the government to perform specific function;
• provides a continuing program for data collection, research and manpower development
needed for the appropriation, utilization, exploitation, conservation and protections of the
water resources of the country;
• promulgates the necessary rules and regulations which may provide for penalties consisting
of a fine not exceeding ₱1000 and/or suspension or revocation of the water permit or other
right to the use of water;
• has the power to approve rules and regulations prescribed by any government agency that
pertain to utilization, exploitation, development, control, conservation, or protection of
water resource;
• is authorized to impose and collect reasonable fees or charges for water resources
development from water appropriators, except when it is purely domestic purpose;
• is empowered to enter upon private lands, with previous notice to the owner for the purpose
of conduction surveys and hydrologic investigation and to perform such other acts as are
necessary in carrying out their functions including the power to exercise the right of
eminent domain;
• approves program or project involving the appropriation, utilization, exploitation,

development, control, conservation or protection of water resources except those which it
exempts in its discretion;
• when plans and specification of a hydraulic structure are submitted for approval, the
government agency whose functions embrace the type of project or which the structure is
intended, shall review the plans and specifications and recommended to the Council proper
action thereon and the latter shall approve the same only when they are in conformity with
the requirements of this Code and the rules and regulation promulgated by the Council;
• in the exercise of its power to investigate and decide cases brought to its cognizance, shall
have the power to administer oaths, compel the attendance of witnesses by subpoena and
the production of relevant documents by subpoena ducestecum; and
• shall have original jurisdiction over all disputes relating to appropriation, utilization,
exploitation, development, control, conservation and protection of waters within the
meaning and context of the provision of this Code;
PENAL PROVISIONS
The following are penalized by suspension or revocation of the violators’ permit or other
right to the use of water and/or a fine of not exceeding ₱1000 in the discretion of the Council.
 Failure to provide adequate facilities to prevent or control diseases when required by the
Council in the construction of any work for the storage, diversion, distribution and
utilization of water;
 Unauthorized sale, lease, or transfer of water and/or water rights;
 Non-observance of any standard of beneficial use of water;

 Drilling of a well without permission of the Council;
 Failure of the appropriator to keep a record of water withdrawal when required;
 Utilization of an existing well or ponding or spreading of water for recharging subterranean

or ground water supplies without permission of the Council;
 Failure to comply with any of the terms or conditions in a water permit or a water rights
grant;
 Violation of or non-compliance with any order, rules or regulations of the Council;
 Unauthorized use of water for a purpose other than that for which a right or permit was
granted;
 Illegal taking or diversion of watering in an open canal, aqueduct or reservoir;
 Construction or repair of any hydraulic work or structure without duly approved plans and
specifications, when required;
 Malicious destruction of hydraulic works or structure valued at not exceeding ₱5000; and
 Failure to install a regulation and measuring device for the control for the volume of water
appropriated, when required.
The following are penalized by a fine of not exceeding ₱3000 or imprisonment for not
more than three (3) years or both in the discretion of the Court.
 Appropriation of water without a water permit, unless such person is expressly exempted
from securing a permit by the provisions of this Code;
 Cultivation of a river bed, sand bar or tidal flat without permission;
 Unauthorized obstruction of an irrigation canal; and
 Malicious destruction of hydraulic works or structure valued at not exceeding ₱25000.
The following are penalized by a fine of exceeding ₱3000 but not more than ₱6000 or
imprisonment exceeding three (3) years but not more than six (6) years or both in the discretion of
the Court.
 Distribution for public consumption of water which adversely affects the health and safety
of the public;
 Constructing, without prior permission of the government agency concerned, works that
produce dangerous or noxious substances or performing acts that result in the introduction
of sewage, industrial waste or any substance that pollutes a source of water supply;
 Excavation or enlargement of the opening of a hot sprint without permission;
 Dumping mine tailings and sediments into rivers of waterways without permission;
 Unauthorized obstruction of a river or waterway, or occupancy of a river bank or seashore

without permission;
 Malicious destruction of hydraulic works or structure valued at more than ₱25000 but not
exceeding ₱100000; and
 Establishment of a cemetery or a waste disposal area near source of water supply or

reservoir for domestic municipal use without permission.
The following are penalized by a fine exceeding ₱6000 but not more than ₱10000 or
imprisonment exceeding six (6) years but not more twelve (12) years or both in the discretion of
the Court.
 Misrepresentation of citizenship in order to qualify for water permit; and
 Malicious destruction of a hydraulic works or structure valued at more than ₱100000.
If the offense is committed by a corporation, trust, firm, partnership, association or any

other juridical person the penalty shall be imposed upon the President, General Manager, and other
guilty officer or officers of the above entities without prejudice to the filing of a civil action against
said juridical person.
If the offender is an alien, he shall be deported after serving his sentence without further
proceedings.
CLEAN WATER
CLEAN LIFE
______________________________________________

*****
DALAGAN, Aiko Marie E.
FERNANDEZ, Jonah U.
ROSARIO, Jay-Ar S.

I. State Policy
The Philippines is blessed with water resources, which have played a significant role in its
development. To safeguard these water resources, Section 2 of R.A. No. 9275 provides that the
State shall pursue a policy of economic growth in a manner consistent with the protection,
preservation and revival of the quality of our fresh, brackish and marine waters.
II. Philippine Clean Water Act of 2004
Republic Act (R.A.) No. 9275 entitled “An Act Providing for a Comprehensive Water
Quality Management and for Other Purposes”, also known as the “Philippine Clean Water Act of
2004” (CWA), was signed by former President Gloria Macapagal-Arroyo on March 22, 2004. It
took effect on May 6, 2004, with its Implementing Rules and Regulation (IRR) contained in the
Department of Environment and Natural Resources (DENR) Administrative Order (A.O.) No.
2005-10.
III. Coverage
Section 3 of R.A. No. 9275 provides that this Act shall apply to water quality management
in all water bodies provided that it shall primarily apply to the abatement and control of pollution
from land based sources such as industries and commercial establishments, agriculture and
community/household activities. The Act provided further that the water quality standards and
regulations and the civil liability and penal provisions under this Act shall be enforced irrespective
of sources of pollution.
IV. Water Quality Management System
Section 5 of R.A. No. 9275 provides that the Department of Environment and Natural
Resources (DENR), in coordination with National Water Resources Board (NWRB), shall
designate certain areas as water quality management areas using appropriate physiographic units
such as watershed, river basins or water resources regions.
Said management areas shall have similar hydrological, hydrogeological, meteorological

or geographic conditions which affect the physicochemical, biological and bacteriological
reactions and diffusions of pollutants in the water bodies, or otherwise share common interest or
face similar development programs, prospects or problems.
Section 6 of R.A. No. 9275 provides that the DENR shall designate water bodies, or
portions thereof, where specific pollutants from either natural or man-made source have already
exceeded water quality guidelines as non-attainment areas for the exceeded pollutants. It shall
prepare and implement a program that will not allow new sources of exceeded water pollutant in
non-attainment areas without a corresponding reduction in discharges from existing sources.
Section 8 of R.A. No. 9275 provides that the agency vested to provide water supply and
sewerage facilities and/or concessionaires in Metro Manila and other highly urbanized cities
(HUCs) as defined in R. A. No. 7160, in coordination with LGUs, shall be required to connect the
existing sewage line found in all subdivisions, condominiums, commercial centers, hotels, sports
and recreational facilities, hospitals, market places, public buildings, industrial complex and other
similar establishment including households to available sewerage system.
V. Water Pollution Permits and Charges
Section 13 of R.A. No. 9275 provides that the DENR shall implement a wastewater charge
system in all management areas including the Laguna Lake Region and Regional Industrial Centers
through the collection of wastewater charges/fees. The system shall be established on the basis of
payment to the government for discharging wastewater into the bodies of water.
Section 14 of R.A. No. 9275 provides that the DENR shall require owners or operators of
facilities to secure a permit to discharge wastewater provided that the discharge permit shall
specify among others, the quantity and quality of effluent that said facilities are allowed to
discharge into a particular water body, compliance schedule and monitoring requirement.
VI. Financial Liability Mechanism
Section 15 of R.A. No. 9275 provides that the DENR shall require program and project
proponents to put up environmental guarantee fund (EGF) as part of the environmental
management plan attached to the environmental compliance certificate pursuant to Presidential
Decree No.1586 and its implementing rules and regulations.
The EGF shall finance the maintenance of the health of the ecosystems and specially the
conservation of watersheds and aquifers affected by the development, and the needs of emergency
response, clean-up or rehabilitation of areas that may be damaged during the program’s or project’s
actual implementation.
Section 16 of R.A. No. 9275 provides that notwithstanding the provisions of Sections 15
and 26 hereof, any person who causes pollution in or pollutes water bodies in excess of the
applicable and prevailing standards shall be responsible to contain, remove and clean-up any
pollution incident at his own expense to the extent that the same water bodies have been rendered
unfit for utilization and beneficial use.
VII. Institutional Mechanism
Section 19 of R.A. No. 9275 provides that the Department of Environment and Natural
Resources (DENR) shall be the primary government agency responsible for the implementation of
this Act and shall have the following functions, powers and responsibilities:
a. Prepare a National Water Quality Status Report
b. Prepare an Integrated Water Quality Management Framework (IWQMF)
c. Prepare Water Quality Management Area (WQMA) Action Plan for each WQMA
d. Prepare and publish a national groundwater vulnerability map with the Mines and
Geosciences Bureau (MGB)
e. Enforce, review and revise water quality guidelines
f. Review and set effluent standards
g. Establish internationally-accepted procedures for sampling and analysis of pollutants and

formulate testing procedures and establish an accreditation system for laboratories
h. Categorize point and non-point sources of water pollution
 Point source means any identifiable source of pollution with specific point of
discharge into a particular water body.
 Non-point source means any source of pollution not identifiable as point source to
include, but not be limited to, runoff from irrigation or rainwater, which picks up
pollutants from farms and urban areas.
i. Classify groundwater sources
j. Classify and re-classify all water bodies

k. Disseminate information and conduct educational awareness and value formation

programs and campaigns on the effects of water pollution on health and environment, water
quality management, and resource conservation and recovery
On the other hand, Section 20 of R.A. No. 9275 provides that the Local Government Units
(LGUs) shall share the responsibility in the management and improvement of water quality within
their territorial jurisdictions. Each local government unit shall, through its Environment and
Natural Resources Office (ENRO) established in Republic Act No.7160, have the following
powers and functions:
a. Monitoring of water quality;
b. Emergency response;
c. Compliance with the framework of the Water Quality Management Action Plan;
d. To take active participation in all efforts concerning water quality protection and
rehabilitation; and
e. To coordinate with other government agencies and civil society and the concerned
sectors in the implementation of measures to prevent and control water pollution.
Moreover, Section 21 of R.A. No. 9275 provides that the DENR and the LGUs, in
coordination with the appropriate government agencies and in consultation with the business and
industrial sectors including commerce, shall formulate appropriate incentives for the adoption
procedures that will preserve and protect our water bodies through the introduction of innovative
equipment and processes that reduce if totally eliminate discharge of pollutants into our water
bodies.
The Department and its concerned attached agencies including the Laguna Lake
Development Authority (LLDA) shall coordinate and enter into agreement with other government
agencies, industrial sector and other concerned sectors in the furtherance of the objectives of this
Act. Section 22 of R.A. No. 9275 provides that the following agencies shall perform tile functions
specified hereunder:
a. The Philippine Coast Guard in coordination with the Department of Agriculture (DA)
and the DENR shall enforce for the enforcement of water quality standards in marine
waters, set pursuant to this Act, specifically from offshore sources;
b. The Department of Public Works and Highways (DPWH) through its attached
agencies, such as the Metropolitan Waterworks and Sewerage System (MWSS), Local
Water Utilities Administration (LWUA), and including other urban water utilities for
the provision or sewerage and sanitation facilities and the efficient and safe collection,
treatment and disposal of sewage within their area of jurisdiction;
c. The DA shall coordinate with the DENR in the formulation of guidelines for the re-use
of wastewater for irrigation and other agricultural uses and for the prevention, control
and abatement of pollution from agricultural and aquaculture activities provided that
the Bureau of Fisheries and Aquatic Resources (BFAR) of the DA shall be primarily
responsible for the prevention and control of water pollution for the development,
management and conservation of the fisheries and aquatic resources;
d. The Department of Health (DOH) shall be primarily responsible for the promulgation,
revision and enforcement of drinking water quality standards;
e. The Department of Science and Technology (DOST), in coordination with the DENR
and other concerned agencies, shall prepare a program for the evaluation, verification,
development and public dissemination of pollution prevention and cleaner production
technologies; and
f. The Department of Education (DepEd), Commission Higher Education (CHED),

Department of the Interior and Local Government (DILG) and Philippine Information
Agency (PIA) shall assist and coordinate with the DENR in, the preparation and
implementation of a comprehensive program pursuant to the objectives of this Act.
Section 24 of R.A. No. 9275 provides that the DENR, in coordination with the DOST,
other concerned agencies and academic research institutions, shall establish a national research
and development program for the prevention and control of water pollution. As part of said
program, the DOST shall conduct and promote the coordination and acceleration of research,
investigation, experiments, training, survey and studies relating to the causes, extent, prevention
and control of pollution among concerned government agencies and research institutions.
VIII. Prohibited acts
Section 27 of R.A. No. 9275 provides that the following acts are prohibited:
a. Discharging, depositing or causing to be deposited material of any kind directly or

indirectly into the water bodies or along the margins of any surface water, where, the
same shall be liable to be washed into such surface water, either by tide action or by
storm, floods or otherwise, which could cause water pollution or impede natural flow
in the water body;
b. Discharging, injecting or allowing to seep into the soil or sub-soil any substance in any
form that would pollute groundwater;
c. Operating facilities that discharge regulated water pollutants without the valid required
permits or after the permit was revoked for any violation of any condition therein;
d. Disposal of potentially infectious medical waste into sea water by vessels unless the
health or safety of individuals on board the vessel is threatened by a great and imminent
peril;
e. Unauthorized transport or dumping into sea waters of sewage sludge or solid waste as
defined under Republic Act No. 9003;
f. Transport, dumping or discharge of prohibited chemicals, substances or pollutants

listed under Republic Act No.6969;
g. Operate facilities that discharge or allow to seep, willfully or through gross negligence,
prohibited chemicals, substances or pollutants listed under R. A. No. 6969 into water
bodies or wherein the same shall be liable to be washed into such surface, ground,
coastal, and marine water;
h. Undertaking activities or development and expansion of projects, or operating

wastewater/sewerage facilities in violation of Presidential Decree. No.1586 and its
implementing rules, and regulations;
i. Discharging regulated water pollutants without the valid required discharge permit
pursuant to this Act or after the permit was revoked for any violation of condition
therein;
j. Non-compliance of the LGU with the Water Quality Framework and Management Area
Action Plan. In such a case, sanctions shall be imposed on the local government
officials concerned;
k. Refusal to allow entry, inspection and monitoring by the Department in accordance

with this Act;
l. Refusal to allow access by the Department to relevant reports and records in accordance
with this Act;
m. Refusal or failure to submit reports whenever required by the Department in accordance

with this Act;
n. Refusal or failure to designate pollution control officers whenever required by, the
Department in accordance with this Act; and
o. Directly using booster pumps in the distribution system or tampering with the water
supply in such a way as to alter or impair the water quality.
IX. Fines, Damages and Penalties
Section 28 or R.A. No. 9275 provides that the fines, damages and penalties to be filed by
the DENR Secretary, upon the recommendation of the Pollution Adjudication Board (PAB),
include:
a. For any person committing any of the prohibited acts or violating any of the provision
of the law or its IRR – not less than ten thousand pesos (₱10,000.00) nor more than two
hundred thousand pesos (₱200,000.00) for every day of violation (to be increased by
ten percent (10%) every two (2) years to compensate for inflation and to maintain the
deterrent function of such fines); closure, suspension of development or construction,
or cessation of operations or, where appropriate disconnection of water supply, until
such time that proper environmental safeguards are put in place and/or compliance with
this Act or its rules and regulations are undertaken.
b. Failure to undertake clean-up operations, willfully, or through gross negligence –

imprisonment of not less than two (2) years and not more than four (4) years and a fine
not less than fifty thousand pesos (₱50,000.00) and not more than one hundred
thousand pesos (₱100,000.00) per day for each day of violation.
c. Failure or refusal to undertake clean-up operations which results in serious injury or

loss of life and/or irreversible water contamination of surface, ground, coastal and
marine water – imprisonment of not less than six (6) years and one day and not more
than twelve (12) years, and a fine of five hundred thousand Pesos (₱500,000.00) per
day for each day during which the omission and/or contamination continues.
d. For gross violation includes: (a) deliberate discharge of toxic pollutants identified
pursuant to Republic Act No.6969 in toxic amounts; (b) five (5) or more violations
within a period of two (2) years; or (c) blatant disregard of the orders of the PAB, such
as the non-payment of fines, breaking of seals or operating despite the existence of an
order for closure, discontinuance or cessation of operation) – with a fine of not less
than five hundred thousand pesos (₱500,000.00) but not more than three million pesos
(₱3,000,000.00) per day for each day of violation or imprisonment of not less than six
(6) years but not more than ten (10) years, or both, at the discretion of the court.
e. For violations falling under Section 4 of Presidential Decree No. 979[7] – a fine of not
less than fifty thousand pesos (₱50,000.00) nor more than one million pesos
(₱1,000,000.00) or by imprisonment of not less than one (1) year nor more than six (6)
years or both, for each offense, without prejudice to the civil liability of the offender in
accordance with existing laws.
Water pollution cases involving acts or omissions committed within the Laguna Lake
Region shall be dealt with in accordance with the procedure under R. A. No. 4850[8] as amended.

(R.A. No. 8550, as Amended by R.A. No. 10654)
*****
DOROJA, Patricia Agatha May
LAYGO, Mark Dann
PASCASIO, Raynel
Republic Act No. 8550, as amended by Republic Act. No. 10654

I. Governing Law
RA 8550 (The Philippine Fisheries Code of 1998), enacted on February 17, 1998, is an act
providing for the development and conservation of the fisheries and aquatic resources and
integrating all laws pertinent thereto.
On February 27, 2015, Congress enacted RA 10654 entitled “An Act to Prevent, Deter and
Eliminate Illegal, Unreported and Unregulated Fishing. It repeals Chapter VI of RA 8550 and
replaces it with a new Chapter VI on Prohibitions and Penalties. A new Chapter VII on
Administrative Adjudication is inserted after Chapter VI of RA 8550, empowering DENR to
impose the administrative fines and penalties provided in the Code.
II. Policy Considerations
It is the declared policy of the State:
A. To achieve food, security as the overriding consideration in the utilization, management,

development, conservation and protection of fishery resources in order to provide the food
needs of the population. A flexible policy towards the attainment of food security shall be
adopted in response to changes in demographic trends for fish, emerging trends in the trade
of fish and other aquatic products in domestic and international markets, and the law of
supply and demand;
B. To limit access to the fishery and aquatic resources of the Philippines for the exclusive use
and enjoyment of Filipino citizens;
C. To ensure the rational and sustainable development, management and conservation of the
fishery and aquatic resources in Philippine waters including the Exclusive Economic Zone
(EEZ) and in the adjacent high seas, consistent with the primordial objective of maintaining
a sound ecological balance. Protecting and enhancing the quality of the environment. The
Philippines shall pursue its commitment to international conventions and cooperate with
other states and international bodies, in order to conserve and manage threatened aquatic
species, straddling and highly migratory fish stocks and other living marine resources;
D. To protect the rights of fisherfolk, especially of the local communities with priority to
municipal fisherfolk, in the preferential use of the municipal waters. Such preferential use,
shall be based on, but not limited to, maximum sustainable yield (MSY) or total allowable
catch (TAC) on the basis of resources and ecological conditions, and shall be consistent
with our commitments under international treaties and agreements;
E. To provide support to the fishery sector, primarily to municipal fisherfolk, including

women and youth sectors, through appropriate technology and research, adequate
financial, production, construction of post-harvest facilities, marketing assistance, and
other services. The protection of municipal fisherfolk against foreign intrusion shall extend
to offshore fishing grounds. Fishworkers shall receive a just share for their labor in the
utilization of marine and fishery resources;
F. To adopt the precautionary principle and manage fishery and aquatic resources, in a manner
consistent with the concept of an ecosystem-based approach to fisheries management and
integrated coastal are management in specific natural fishery management areas,
appropriately supported by research, technical services and guidance provided by the State;
and
G. To grant the private sector the privilege to utilize fishery resources under the basic concept
that the grantee, licensee or permittee thereof shall not only be a privileged beneficiary of
the State but also active participant and partner of the government in the sustainable
development, management, conservation and protection of the fishery and aquatic
resources of the country.
The State shall ensure the attainment of the following objective of the fishery sector:
a. Conservation of the country’ s fishery and aquatic resources;

b. Poverty alleviation and the provision of supplementary livelihood among municipal
fisherfolk;
c. Improvement of productivity of agriculture within ecological limits;
d. Optimal utilization of offshore and deep-sea resources; and
e. Upgrading of post-harvest technology.
Application of the law
The provisions of the Code, as amended, shall be enforces in:
a. All Philippine waters including waters over which Philippines has sovereignty and
jurisdiction, and the country’s 200-nautical mile EEZ and continental shelf;
b. All aquatic and fishery resources whether inland, coastal or offshore fishing areas,
including but not limited to fishponds, fishpens/cages;
c. All lands devoted to agriculture or businesses and activities relating to fishery, whether
private or public lands;
d. All Philippine flagged fishing vessels operating in areas governed by Regional Fisheries
Management Organization (RFMO), in the high seas, or in waters of other coastal states.
III. Internal waters, territorial seas, contiguous zone, and exclusive economic zone
Internal waters – all waters (part of the sea, rivers, lakes etc) landwards from the baseline of the
territory. Sovereignty over these waters is the same extent as sovereignty over land, and it is not
the subject to the right of innocent passage.
Under the Constitution, the internal waters of the Philippines include the waters around,
between, and connecting the islands of the archipelago. (Archipelagic waters)
Territorial sea – belt of sea outwards from the baseline up to 12 nautical miles beyond.
Archipelagic states, like the Philippines, have drawn “straight baselines” instead of
following the curvatures of the coast.
Straight baselines – drawn connecting selected points on the coast without appreciable departure
from the general shape of the coast.
The sovereignty of the coastal state over its territorial sea as well as the seabed under is the
same as its sovereignty over its land territory.
High seas – waters beyond the territorial seas and are not subject to the sovereignty of the coastal
state
Contiguous Zone – area of water not exceeding 24 nautical miles from the baseline
The coastal state exercise authority over the area to the extent necessary to prevent
infringement if its customs, fiscal, immigration or sanitation authority over its territorial waters or
territory.
Exclusive Economic Zone (EEZ) – area extending not more than 200 nautical miles beyond the
baseline
The coastal state has rights over the economic resources of the sea, seabed and subsoil but
the right does not affect right of navigation and overflight of other states. Under the international
law, the provisions on the EEZ are both a grant of right to and an imposition of obligations and
preservation of the resources found within the zone.
Continental shelf, archipelagic or insular shelf for archipelagos, refers to:
A. The seabed and subsoil of the submarine areas adjacent to the coastal state but outside the
territorial sea, to a depth of 200 meters or beyond that limit, to where the depth allows
exploitation, and (b) the seabed and subsoil of areas adjacent to islands.
B. The coastal state has the right to explore its natural resources, to erect installations needed,
and to erect a safety zone over its installations with a radius of 50 meters. It also has the
exclusive right to construct operation and use of artificial islands and certain other
installations.
Obligations of coastal states
A. They must ensure that the living resources of EEZ are not subjected to over-exploitation,
that is, duty to maintain and restore populations of harvested fisheries at level which
produce a “maximum sustainable yield” (MSY).
B. They must promote the objective of “optimum utilization” of the living resources. They
should therefore determine the allowable catch of living resources. If the coastal state does
not have the capacity to harvest the allowable catch, it must grant access to other states.
Use of Philippines Waters
Consistent with Section 2, Article XII of the 1987 Constitution, Section 5 of the Fisheries
Code provides that. The use and exploitation of the fishery and aquatic resources in the Philippine
waters shall be reserved exclusively to Filipinos. Research and survey activities may be allowed
under strict regulations, for purely research, scientific, technological and educational purposes that
would also benefit Filipino citizens.
UNCLOS mandates States to protect and preserve the marine environment
Article 192 of the United Nations Convention on the Law of the Sea (UNCLOS): States have the
obligation to protect and preserve the marine environment.
UNCLOS’ Article 194 obligates States parties to take all measures necessary to ensure that
activities under their jurisdiction or control are so conducted as not to cause damage by pollution
to other States and their environment”, and to adopt other measures “necessary to protect and
preserve rare or fragile ecosystems as well as the habitat of depleted, threatened or endangered
species and other forms of marine life.
IV. Definition of terms
Agriculture – fishery operations involving all forms of raising and culturing fish or other fishery
species in fresh, brackish and marine water areas.
Aquatic resources – includes fish, all other aquatic flora and fauna and other living resources of
the aquatic environment, including, but not limited to, salt and corals.
Catch Ceilings – refer to the annual catch limits allowed to be taken, gathered or harvested from
any fishing area in consideration of the need to prevent overfishing and harmful depletion of
breeding stocks of aquatic organisms.
Closed Season – the period during which the taking of specified fishery species by a specified
fishing gear is prohibited in a specified area or areas in the Philippine waters.
Coastal Area/Zone – band of dry land and adjacent ocean space (water ad submerged land) in
which terrestrial processes and uses directly affect oceanic processes and uses, and vice versa; its
geographic extent may include areas within a landmark limit of 1 kilometer from the shoreline at
high tide to include mangrove swamps, brackish water ponds, nipa swamps, estuarine rivers, sandy
beaches and other areas within a seaward limit of 200 meters isobath to include coral reefs, algal
flats, seagrass beads and other soft-bottom areas.
Commercial fishing – the taking of fishery species by passive or active gear for trade, business
and profit beyond subsistence or sports fishing, to be further classified as:
A. Small scale commercial fishing – fishing with passive or active gear utilizing fishing
vessels of 3.1 gross tons to 20 GT;
B. Medium scale commercial fishing – fishing utilizing active gears and vessels of 20.1 GT
up to 150 GT; and
C. Large commercial fishing – fishing utilizing active gears and vessels of more than 150
GT.
Commercial Scale – a scheme producing a minimum harvest per hectare per year of milkfish or
other species (raised in pens, cages, and tanks to be determined by the Department in consultation
with concerned sectors.
Conservation and Management Measures – measure to conserve and manage living marine
resources that are adopted and applied consistently with the relevant rules of international law
including those reflected in conventions, RFMO resolutions and laws of other coastal states where
Philippine flagged vessels fish.
Demarcated areas – boundaries defined by markers and assigned exclusively to specific

individuals or organizations for certain specified and limited uses such.
Distant water fishing – fishing in the high seas or in waters of other states.
Endangered Rare and/or Threatened species – aquatic plants, animals, including some varieties
of corals and sea shells in danger of extinction as provided for in existing fishery laws, rules and
regulations or in the Protected Areas and Wildlife Bureau of the Department of Environment and
Natural Resources (DENR) and in the Convention on the International Trade of Endangered
Species of Flora and Fauna (CITES).
Fisherfolk – people directly or personally and physically engaged in taking and/or culturing and
processing fishery and/or aquatic resources.
Fisherfolk Cooperative – a duly registered association of fisherfolk with a common bond of

interest, who have voluntarily joined together to achieve a lawful common social or economic end,
making equitable contribution to the capital requirement and accepting a fair share of the risks and
benefits of the undertakings in accordance with universally accepted cooperative principles.
Fisheries Observer – a person duly authorized by the Philippine government or under a Regional
Observer Program of the RMFO, to collect scientific, technical or fishing- related data and other
information that may be required by the government or the RMFO and/or in compliance to a
conservation and management measure.
Fishing Gear – the taking of fishery species from their wild state of habitat, with or without the
use of fishing vessels
a. Active Fishing Gear – fishing device characterized by the pursuit of the target species by
towing, pushing the gears, surrounding, covering, dredging, and scaring the target species
to impoundments (trawl, purse seines, Danish seines, paaling and drift gill net.
b. Passive Fishing Gear – absence of pursuit of the target species (hook and line, fishpots,
traps and gill net set across the path of the fish.
Fishing Vessel or Gear License – specific permit to operate specific types of vessel or gear for
specific duration in areas beyond municipal waters for demersal or pelagic fishery resources.
Harvest Control Rules – actions or set of actions to be taken to achieve a medium or long term
target reference point while avoiding reaching or breaching a limit reference point.
Illegal Fishing – fishing activities conducted by Philippine fishing vessels operating in violation
of Philippine laws, Regional Fisheries Management Organization resolutions, and laws of other
coastal states.
Marine Protected Area – a defined area of the sea established and set aside by law, administrative
regulation, or any other effective in order to conserve and protect a part of or entire enclosed
environment through the establishment of management guidelines. It includes all declared areas
governed by specific rules or guidelines in order to protect and manage activities within the
enclosed areas.
Municipal Fishing – fishing within the municipal waters using fishing vessels of three gross tons
or less, or fishing not requiring the use of fishing vessels.
Municipal Waters – include not only streams, lakes, inland bodies of water and tidal waters within
the municipality which are not included within the protected areas as defined under the NIPAS
Law, public forest, timber lands, forest reserves or fishery reserves, but also marine waters
included between two lines drawn perpendicular to the general coastline from points where the
boundary lines of the municipality touch the sea at low tide and a third line parallel with the general
coastline including offshore islands and 15 kilometers from such coastline. Where 2 municipalities
are so situated on opposite shores that there is less than 30 kilometers of marine waters between
them, the third line shall be equally distant from opposite shore of the respective municipalities.
Serious violation – any of the following violations of the provisions of this Code:
a. Fishing without a valid license, authorization or permit;
b. Fishing without reporting the catch or misreporting the catch;
c. Fishing in a closed area or during a closed season;
d. Fishing of prohibited species;
e. Fishing with the use of prohibited gear or methods;
f. Falsifying, concealing, or tampering with vessel markings, identity or registration to
conceal vessel identity or lack of registration;
g. Concealing, tampering or disposing of evidence relating to an investigation of a violation;
h. Assaulting, resisting, intimidating, harassing, seriously interfering with, or unduly

obstructing or delaying a fisheries law enforcer, authorized inspector or observer or other
duly authorized government officer;
i. Intentionally tampering with or disabling the vessel monitoring system; and
j. Committing multiple violations which taken together constitute a serious disregard of this
Code.
Unregulated fishing – fishing activities conducted by:

a. Vessels without nationality but operated by Filipino and/or Filipino corporation;
b. Philippine flagged fishing vessels operating in areas managed by RFMOs to which the
Philippines is a not a party to; or
c. Philippine flagged fishing vessels operating in areas or fish stocks where there are no
applicable conservation and managed measures.
Unreported Fishing – fishing activities which have not been reported or have been misreported
to the Department, in contravention of national laws and regulations of the Philippines, or
undertaken in the area of competence of a relevant RFMO which have not been reported or have
been misreported, in contravention of the reporting procedures of that organization and further
elaborated by regulations to be promulgated by the Department.
V. Organizational Structure
 Department of Agriculture (DA)
- Is the government agency responsible for the promotion of agricultural development by

providing the policy framework, public investments, and support services needed for
domestic and export-oriented business enterprises. It shall be the primary concern of the
DA to improve farm income and generate work opportunities for farmers, fishermen, and
other rural workers. It shall encourage people’s participation in agricultural development
through sectoral representation in agricultural policy-making bodies so that the policies,
plans, and programs of the DA are formulated and executed to satisfy their needs.
- The DA’s powers and functions include the following:
o Provide integrated services to farmers, fishermen, and other food producers on

production, utilization, conservation, and disposition of agricultural and fishery
resources;
o Promulgate and enforce all laws, rules and regulations governing the conservation
and proper utilization of agricultural and fishery resources;
o Conduct, coordinate, and disseminate research studies on appropriate technologies

for the improvement and development of agricultural crops, fisheries, and other
allied commodities;
o Provide the mechanism for the participation of farmers, fishermen, and

entrepreneurs at all levels of policy-making, planning and program formulation.
- Access to fishery resources – The DA shall issue such number of licenses and permits for
the conduct of fishery activities subject to limits of the maximum sustainable yield (MSY)
of the resource as determined by scientific studies or best available evidence. Preference
shall be given to resource users in the local communities adjacent or nearest to the
municipal waters.
o Catch ceiling limitations – The DA Secretary may prescribe limitations or quota on

the total quantity of fish captured, for a specified period of time and specified area
based on the best available evidence. Such a catch ceiling may be imposed per
species of fish whenever necessary and practicable: Provided, however, That in
municipal waters and fishery management areas, and waters under the jurisdiction
of special agencies, catch ceilings may be established upon the concurrence and
approval or recommendation of such special agency and the concerned LGU in
consultation with the FARMC for conservation or ecological purposes.
o Establishment of Closed Season – The Secretary may declare, through public notice
in at least two (2) newspapers of general circulation or in public service
announcements, whichever is applicable, at least five (5) days before the
declaration, a closed season in any or all Philippine waters outside the boundary of
municipal waters and in bays, for conservation and ecological purposes. The
Secretary may include waters under the jurisdiction of special agencies, municipal
waters and bays, and/or other areas reserved for the use of the municipal fisherfolk
in the area to be covered by the closed season: Provided, however, That this shall
be done only upon the concurrence and approval or recommendation of such special
agency and the concerned LGU and FARMC: Provided, further, That in municipal
waters, fishery management areas and other areas reserved for the use of the
municipal fisherfolk, closed season may be established by the concerned LGU in
consultation with the FARMC for conservation or ecological purposes. The
FARMCs may also recommend the establishment of closed seasons in municipal
waters, fisheries management and other areas reserved for the use of the municipal
fisherfolk.
 Bureau of Fisheries and Aquatic Resources; functions (BFAR)
The BFAR is a line bureau under the DA. It shall have the following functions:
a. prepare and implement a Comprehensive National Fisheries Industry Development

Plan;
b. issue licenses for the operation of commercial fishing vessels;
c. issue identification cards free of charge to fishworkers engaged in commercial fishing;
d. monitor and review joint fishing agreements between Filipino citizens and foreigners
who conduct fishing activities in international waters, and ensure that such agreements
are not contrary to Philippine commitment under international treaties and convention
on fishing in the high seas;
e. formulate and implement a Comprehensive Fishery Research and Development

Program, such as, but not limited to, sea farming, sea ranching, tropical/ornamental fish
and seaweed culture, aimed at increasing resource productivity, improving resource use
efficiency, and ensuring the long-term sustainability of the country's fishery and aquatic
resources;
f. establish and maintain a Comprehensive Fishery Information System;
g. provide extensive development support services in all aspects of fisheries production,

processing and marketing;
h. provide advisory services and technical assistance on the improvement of quality of

fish from the time it is caught (i.e. on board fishing vessel, at landing areas, fish
markets, to the processing plants and to the distribution and marketing chain);
i. coordinate efforts relating to fishery production undertaken by the primary fishery

producers, LGUs, FARMCs, fishery and organizations/cooperatives;
j. advise and coordinate with LGUs on the maintenance of proper sanitation and hygienic
practices in fish markets and fish landing areas;
k. establish a corps of specialists in collaboration with the Department of National

Defense, Department of the Interior and Local Government, Department of Foreign
Affairs for the efficient monitoring, control and surveillance of fishing activities within
Philippine territorial waters and provide the necessary facilities, equipment and training
therefor;
l. implement an inspection system for import and export of fishery/aquatic products and
fish processing establishments, consistent with international standards to ensure
product quality and safety;
m. coordinate with LGUs and other concerned agencies for the establishment of
productivity enhancing and market development programs in fishing communities to
enable women to engage in other fisheries/economic activities and contribute
significantly to development efforts;
n. enforce all laws, formulate and enforce all rules and regulations governing the
conservation and management of fishery resources, except in municipal waters, and to
settle conflicts of resource use and allocation in consultation with the NFARMC, LGUs
and local FARMCs;
o. develop value-added fishery-products for domestic consumption and export;
p. recommend measures for the protection/enhancement of the fishery industries;
q. assist the LGUs in developing their technical capability in the development,

management, regulation, conservation, and protection of the fishery resources;
r. formulate and implement rules and regulations for the conservation and management
of straddling fish stocks, highly migratory fish stocks and threatened living marine
resources (sharks, rays and ludong, inter alia) in the Philippine Exclusive Economic
Zone, territorial sea, archipelagic and internal waters, in coordination with LGUs and
integrated/municipality/city Fisheries and Aquatic Resources Management Councils;
s. train, designate and deploy fisheries observers in Philippine flagged fishing vessels
engaged in commercial fishing in the Philippine waters or distant water fishing to
ensure compliance with conservation and management measures adopted by RFMOs
and by the Department;
t. implement boarding and inspection protocols upon Philippine flagged fishing vessels
in order to promote observance to international treaty obligations on food safety, to
curb illegal, unreported and unregulated fishing, and to comply with conservation and
management measures;
u. adopt an appropriate monitoring, control, surveillance, and traceability system for

municipal fishing vessels supplying exporters with concurrence of the local
government units;
v. adopt and implement a national plan of action to manage fishing capacity, implement
the international code of conduct for responsible fisheries, and declare fishery
management areas as over-exploited in coordination with the LGUs and FARMCs;
w. require performance bonds and impose and collect reasonable fees and charges for
laboratory services, inspection, deployment of fisheries observers, and catch
documentation and validation, taking into account the balance required between
recovering the costs of services rendered and the socio-economic impact of their
imposition, upon prior consultation with the stakeholders;
x. hear and decide administrative cases before it;
y. determine the appropriate levels of administrative and other sanctions, particularly for
serious violations, that derive offenders of economic benefits from their violations of
the laws, rules and regulations;
z. initiate criminal prosecution of offenses committed in violation of this Code regardless

of their situs; and
aa. perform such other related functions which shall promote the development,
conservation, management protection and utilization of fisheries and aquatic resources.
Composition of BFAR
As a line bureau, the BFAR shall be headed by a Director and assisted by two (2) Assistant
Directors who shall supervise the administrative and technical services of the bureau respectively.
It shall establish regional, provincial and municipal offices as may be appropriate and necessary
to carry out effectively and efficiently the provisions of this Code.
VI. MUNICIPAL FISHERIES
Sec. 16, R.A. 8550 provides that the municipal/city government shall have jurisdiction over
municipal waters as defined in this Code. The municipal/city government, in consultation with the
FARMC shall be responsible for the management, conservation, development, protection,
utilization, and disposition of all fish and fishery/aquatic resources within their respective
municipal waters.
The municipal/city government may, in consultation with the FARMC, enact appropriate
ordinances for this purpose and in accordance with the National Fisheries Policy. The ordinances
enacted by the municipality and component city shall be reviewed pursuant to Republic Act No.
7160 by the sanggunian of the province which has jurisdiction over the same.
The LGUs shall also enforce all fishery laws, rules and regulations as well as valid fishery
ordinances enacted by the municipal/city council.
The management of contiguous fishery resources such as bays which straddle several
municipalities, cities or provinces, shall be done in an integrated manner, and shall not be based
on political subdivisions of municipal waters in order to facilitate their management as single
resource systems. The LGUs which share or border such resources may group themselves and
coordinate with each other to achieve the objectives of integrated fishery resource management.
The Integrated Fisheries and Aquatic Resources Management Councils (FARMCs)

established under Section 76 of this Code shall serve as the venues for close collaboration among
LGUs in the management of contiguous resources.
Grant of Fishing Privileges in Municipal Waters
Sec. 17, R.A. 8550 provides that the duly registered fisherfolk organizations/cooperatives
shall have preference in the grant of fishery rights by the Municipal/City Council pursuant to
Section 149 of the Local Government Code: Provided, That in areas where there are special
agencies or offices vested with jurisdiction over municipal waters by virtue of special laws creating
these agencies such as, but not limited to, the Laguna Lake Development Authority and the
Palawan Council for Sustainable Development, said offices and agencies shall continue to grant
permits for proper management and implementation of the aforementioned structures.
Section 149 of the Local Government Code provides that:
a. Municipalities shall have the exclusive authority to grant fishery privileges in the municipal
waters and impose rentals, fees or charges therefor in accordance with the provisions of
this Section.
b. The sangguniang bayan may:
1. Grant fishery privileges to erect fish corrals, oysters, mussels or other aquatic beds or
bangus fry areas, within a definite zone of the municipal waters, as determined by it:
Provided, however, That duly registered organizations and cooperatives of marginal
fishermen shall have the preferential right to such fishery privileges: Provided, further,
That the sangguniang bayan may require a public bidding in conformity with and
pursuant to an ordinance for the grant of such privileges: Provided, finally, That in the
absence of such organizations and cooperatives or their failure to exercise their
preferential right, other parties may participate in the public bidding in conformity with
the above cited procedure.
2. Grant the privilege to gather, take or catch bangus fry, prawn fry or kawag-kawag or
fry of other species and fish from the municipal waters by nets, traps or other fishing
gears to marginal fishermen free of any rental, fee, charge or any other imposition
whatsoever.
3. Issue licenses for the operation of fishing vessels of three (3) tons or less for which
purpose the sangguniang bayan shall promulgate rules and regulations regarding the
issuances of such licenses to qualified applicants under existing laws.
Provided, however, That the sanggunian concerned shall, by appropriate ordinance,

penalize the use of explosives, noxious or poisonous substances, electricity, muro-ami,
and other deleterious methods of fishing and prescribe a criminal penalty therefor in
accordance with the provisions of this Code: Provided, finally, That the sanggunian
concerned shall have the authority to prosecute any violation of the provisions of
applicable fishery laws.
EXCEPTIONS:
Section 1, R.A. 4850, provides:
(a) xxx
“…to draft a comprehensive and detailed plan designed to conserve and utilize optimally the
resources within the region particularly Laguna de Bay to promote the region's rapid social and
economic development and upon approval by the National Economic and Development Authority
(NEDA) Board of such plan, to implement the same including projects in line with said plan:
Provided, That implementation of all fisheries plans and programs of the authority shall require
prior consensus of the Bureau of Fisheries and Aquatic Resources to ensure that such plans and
programs are consistent with the national fisheries plans and programs. For the purpose of said
survey, public agencies shall submit and private entities shall provide necessary data except such
data which under existing laws are deemed inviolable.”
(k) For the purpose of effectively regulating and monitoring activities in Laguna de Bay, the
Authority shall have exclusive jurisdiction to issue new permit for the use of the lake waters for
any projects or activities in or affecting the said lake including navigation, construction, and
operation of fishpens, fish enclosures, fish corrals and the like, and to impose necessary safeguards
for lake quality control and management and to collect necessary fees for said activities and
projects: Provided, That the fees collected for fisheries may be shared between the Authority and
other government agencies and political sub-divisions in such proportion as may be determined by
the President of the Philippine upon recommendation of the Authority's Board: Provided, further,
That the Authority's Board may determine new areas of fisheries development or activities which
it may place under the supervision of the Bureau of Fisheries and Aquatic taking into account the
overall development plans and programs for Laguna de Bay and related bodies of water: Provided,
finally, That the Authority shall subject to the approval of the President of the Philippines
promulgate such rules and regulations which shall govern fisheries development activities in
Laguna de Bay which shall take into consideration among others the following: socioeconomic
amelioration of bonafide resident fisherman whether individually or collectively in the form of
cooperatives, lakeshore town development, a master plan for fishpen construction and operation,
communal fishing ground for lakeshore town residents, and preference to lakeshore town residents
in hiring laborers for fishery projects.
R.A. 7611, otherwise known as the “"Strategic Environmental Plan (SEP) for Palawan Act."
provides:
“SEC. 7 Environmentally Critical Areas Network (ECAN) - The SEP shall establish a graded
system of protection and development control over the whole of Palawan, including its tribal lands,
forest, mines, agricultural areas, settlement areas, small islands mangroves, coral reefs, seagrass
beds and the surrounding sea. This shall be known as the Environmentally Critical Areas Network,
hereinafter referred to as ECAN, and shall serve as the main strategy of the SEP.
The ECAN shall ensure the following:

xxx
(2) Protection of Watersheds;
(3) Preservation of biological diversity;
xxx
(5) Maintenance of maximum sustainable yield;
(6) Protection of the rare and endangered species and their habitat;
(7) Provision of areas for environmental and ecological research, education and
training; and
(8) Provision of areas for tourist and recreation.”
“SEC. 12 Management of Resources Outside of the Ecologically Critical Areas. The SEP shall
provide for the management of resources outside of the ECAN and shall include coastal resources,
resources of the catchment areas, timber and mines, development in the lowlands, and settlement
areas. It shall also provide for tourism planning.”
USES OF MUNICIPAL WATERS
SECTION 18 – All fishery related activities in municipal waters, as defined in this Code, shall be
utilized by municipal fisherfolk and their cooperatives/organizations who are listed as such in the
registry of municipal fisherfolk.
The municipal or city government, however, may, through its local chief executive and
acting pursuant to an appropriate ordinance, authorize or permit small and medium commercial
fishing vessels to operate within the ten point one (10.1) to fifteen (15) kilometer area from the
shoreline in municipal waters as defined herein, provided, that all the following are met:
a. no commercial fishing in municipal waters with depth less than seven (7) fathoms as
certified by the appropriate agency;
b. fishing activities utilizing methods and gears that are determined to be consistent with
national policies set by the Department;
c. prior consultation, through public hearing, with the M/CFARMC has been conducted; and
d. the applicant vessel as well as the shipowner, employer, captain and crew have been
certified by the appropriate agency as not having violated this Code, environmental laws
and related laws.
In no case shall the authorization or permit mentioned above be granted for fishing in bays
as determined by the Department to be in an environmentally critical condition and during closed
season as provided for in Section 9 of this Code.
PROVISIONS REGARDING MUNICIPAL FISHERFOLKS
Section 19. Registry of Municipal Fisherfolk
The LGU shall maintain a registry of municipal fisherfolk, who are fishing or may desire
to fish in municipal waters for the purpose of determining priorities among them, of limiting entry
into the municipal waters, and of monitoring fishing activities an/or other related purposes:
Provided, That the FARMC shall submit to the LGU the list of priorities for its consideration.
Such list or registry shall be updated annually or as may be necessary, and shall be posted
in barangay halls or other strategic locations where it shall be open to public inspection, for the
purpose of validating the correctness and completeness of the list. The LGU, in consultation with
the FARMCs, shall formulate the necessary mechanisms for inclusion or exclusion procedures that
shall be most beneficial to the resident municipal fisherfolk. The FARMCs may likewise
recommend such mechanisms.
The LGUs shall also maintain a registry of municipal fishing vessels by type of gear and
other boat particulars with the assistance of the FARMC.
Section 20. Fisherfolk Organizations and/or Cooperatives
Fisherfolk organizations/cooperatives whose members are listed in the registry of

municipal fisherfolk, may be granted use of demarcated fishery areas to engage in fish capture,
mariculture and/or fish farming: Provided, however, That an organization/cooperative member
whose household is already in possession of a fishery right other than for fish capture cannot enjoy
the fishing rights granted to the organization or cooperative.
Section 21. Priority of Resident Municipal Fisherfolk. – Resident municipal fisherfolk of the
municipality concerned and their organizations/cooperatives shall have priority to exploit
municipal and demarcated fishery areas of the said municipality.
Section 22. Demarcated Fishery Right. – The LGU concerned shall grant demarcated fishery
rights to fishery organizations/cooperatives for mariculture operation in specific areas identified
by the Department.
Section 24. Support to Municipal Fisherfolk. – The Department and the LGUs shall provide
support to municipal fisherfolk through appropriate technology and research, credit, production
and marketing assistance and other services such as, but not limited to training for
additional/supplementary livelihood.
Section 25. Rights and Privileges of Fishworkers. – The fishworkers shall be entitled to the
privileges accorded to other workers under the Labor Code, Social Security System and other
benefits under other laws or social legislation for workers: Provided, That fishworkers on board
any fishing vessels engaged in fishing operations are hereby covered by the Philippine Labor Code,
as amended.
LIMITATIONS ON THE PEOPLE’S ENJOYMENT OF FISHING RIGHTS
Section 23. Limited Entry Into Overfished Areas. – Whenever it is determined by the LGUs
and the Department that a municipal water is overfished based on available data or information or
in danger of being overfished, and that there is a need to regenerate the fishery resources in that
water, the LGU shall prohibit or limit fishery activities in the said waters.
The Court ruled in Tano v. Socrates, G.R. No. 110249, August 21, 1997, that:
“A marginal fisherman is an individual engaged in fishing whose margin of return or

reward in his harvest of fish as measured by existing price levels is barely sufficient to yield a
profit or cover the cost of gathering the fish, while a subsistence fisherman is one whose catch
yields but the irreducible minimum for his livelihood. Section 131(p) of the LGC (R.A. No. 7160)
defines a marginal farmer or fisherman as an individual engaged in subsistence farming or fishing
which shall be limited to the sale, barter or exchange of agricultural or marine products produced
by himself and his immediate family. It bears repeating that nothing in the record supports a
finding that any petitioner falls within these definitions.
Besides, Section 2 of Article XII aims primarily not to bestow any right to subsistence
fishermen, but to lay stress on the duty of the State to protect the nations marine wealth. What the
provision merely recognizes is that the State may allow, by law, cooperative fish farming, with
priority to subsistence fishermen and fishworkers in rivers, lakes, bays, and lagoons.
The so-called preferential right of subsistence or marginal fishermen to the use of marine
resources is not at all absolute. In accordance with the Regalian Doctrine, marine resources
belong to the State, and, pursuant to the first paragraph of Section 2, Article XII of the
Constitution, their exploration, development and utilization ... shall be under the full control and
supervision of the State. Moreover, their mandated protection, development, and conservation as
necessarily recognized by the framers of the Constitution, imply certain restrictions on whatever
right of enjoyment there may be in favor of anyone.”
VII. COMMERCIAL FISHERIES
Section 26. Commercial Fishing Vessel License and Other Licenses. – No person shall operate
a commercial fishing vessel, pearl fishing vessel or fishing vessel for scientific, research or
educational purposes, or engage in any fishery activity, or seek employment as a fishworker or
pearl diver without first securing a license from the Department, the period of which shall be
prescribed by the Department: Provided, That no such license shall be required of a fishing vessel
engaged in scientific, research or educational purposes within Philippine waters pursuant to an

international agreement of which the Philippines is a signatory and which agreement defines the
status, privileges and obligations of said vessel and its crew and the non-Filipino officials of the
international agency under which said vessel operates: Provided, further, That members of the
crew of a fishing vessel used for commercial fishing except the duly licensed and/or authorized
patrons, marine engineers, radio operators and cooks shall be considered as fisherfolk: Provided,
furthermore, That all skippers/master fishers shall be required to undertake an orientation training
on detection of fish caught by illegal means before they can be issued their fishworker licenses:
Provided, finally, That the large commercial fishing vessels license herein authorized to be granted
shall allow the licensee to operate only in Philippine waters seven (7) or more fathoms deep, the
depth to be certified by the NAMRIA, and subject to the conditions that may be stated therein and
the rules and regulations that may be promulgated by the Department.
Who can be eligible to apply for a Commercial Fishing Vessel License?
Section 27. Persons Eligible for Commercial Fishing Vessel License. – No commercial fishing
vessel license shall be issued except to citizens of the Philippines, partnerships or to associations,
cooperatives or corporations duly registered in the Philippines at least sixty percent (60%) of the
capital stock of which is owned by Filipino citizens. No person to whom a license has been issued
shall sell, transfer or assign, directly or indirectly, his stock or interest therein to any person not
qualified to hold a license. Any such transfer, sale or assignment shall be null and void and shall
not be registered in the books of the association, cooperative or corporation.
For purposes of commercial fishing, fishing vessels owned by citizens of the Philippines,
partnerships, corporations, cooperatives or associations qualified under this section shall secure
Certificates of Philippine Registry and such other documents as are necessary for fishing
operations from the concerned agencies: Provided, That the commercial fishing vessel license shall
be valid for a period to be determined by the Department.
Section 34. Incentives for Municipal and Small-Scale Commercial Fisherfolk. – Municipal
and small-scale commercial fisherfolk shall be granted incentives which shall include, but are not
limited to, the following:
a. at least ten percent (10%) of the credit and the guarantee funds of government financing
institutions shall be made available for post-harvest and marketing projects for the purpose
of enhancing our fisherfolk competitiveness by reducing post-harvest losses. Qualified
projects shall include, but shall not be limited to, ice plants, cold storage, canning,
warehouse, transport and other related infrastructure projects and facilities; and
b. the Department shall undertake the following programs:
1. a capability-building program for targeted parties shall be developed by the

Department to promote greater bankability and credit worthiness of municipal and
small-scale commercial fishers. Such program shall include organizing activities,
technology transfer, and skills training related to commercial fishing as well as
credit management. Groups and cooperatives organized under the program shall
have priority access over credit and guarantee funds established under this Code;
and
2. an information campaign shall be conducted to promote the capability building and

credit programs. The campaign shall ensure greater information dissemination and
accessibility to targeted fisherfolk.
VIII. AQUACULTURE
Section 45. Disposition of Public Lands for Fishery Purposes. – Public lands such as tidal
swamps, mangroves, marshes, foreshore lands and ponds suitable for fishery operations shall not
be disposed or alienated. Upon effectivity of this Code, FLA may be issued for public lands that
may be declared available for fishpond development primarily to qualified fisherfolk
cooperatives/associations: Provided, however, That upon the expiration of existing FLAs the
current lessees shall be given priority and be entitled to an extension of twenty-five (25) years in
the utilization of their respective leased areas. Thereafter, such FLAs shall be granted to any
Filipino citizen with preference, primarily to qualified fisherfolk cooperatives/associations as well
as small and medium enterprises as defined under Republic Act No. 8289: Provided, further, That
the Department shall declare as reservation, portions of available public lands certified as suitable
for fishpond purposes for fish sanctuary, conservation, and ecological purposes: Provided, finally,
That two (2) years after the approval of this Act, no fish pens or fish cages or fish traps shall be
allowed in lakes.
Section 46. Lease of Fishponds. – Fishpond leased to qualified persons and fisherfolk
organizations/cooperatives shall be subject to the following conditions:
a. Areas leased for fishpond purposes shall be no more than 50 hectares for individuals and
250 hectares for corporations or fisherfolk organizations;
b. The lease shall be for a period of twenty-five (25) years and renewable for another twenty-
five (25) years: Provided, That in case of the death of the lessee, his spouse and/or children,
as his heirs, shall have preemptive rights to the unexpired term of his Fishpond Lease
Agreement subject to the same terms and conditions provided herein provided that the said
heirs are qualified;
c. Lease rates for fishpond areas shall be determined by the Department: Provided, That all
fees collected shall be remitted to the National Fisheries Research and Development
Institute and other qualified research institutions to be used for aquaculture research
development;
d. The area leased shall be developed and producing on a commercial scale within three (3)
years from the approval of the lease contract: Provided, however, That all areas not fully
producing within five (5) years from the date of approval of the lease contract shall
automatically revert to the public domain for reforestation;
e. The fishpond shall not be subleased, in whole or in part, and failure to comply with this
provision shall mean cancellation of FLA;
f. The transfer or assignment of rights to FLA shall be allowed only upon prior written
approval of the Department;
g. The lessee shall undertake reforestation for river banks, bays, streams, and seashore
fronting the dike of his fishpond subject to the rules and regulations to be promulgated
thereon; and
h. The lessee shall provide facilities that will minimize environmental pollution, i.e., settling
ponds, reservoirs, etc: Provided, That failure to comply with this provision shall mean
cancellation of FLA.
Section 49. Reversion of All Abandoned, Undeveloped or Underutilized Fishponds. – The

DENR, in coordination with the Department, LGUs, other concerned agencies and FARMCs shall
determine which abandoned, underdeveloped or underutilized fishponds covered by FLAs can be
reverted to their original mangrove state and after having made such determination shall take all
steps necessary to restore such areas in their original mangrove state.
Section 51. License to Operate Fish Pens, Fish Cages, Fish Traps and Other Structures for
the Culture of Fish and Other Fishery Products. – Fish pens, fish cages, fish traps and other
structures for the culture of fish and other fishery products shall be constructed and shall operate
only within established zones duly designated by LGUs in consultation with the FARMCs
concerned consistent with national fisheries policies after the corresponding licenses thereof have
been secured. The area to be utilized for this purpose for individual person shall be determined by
the LGUs in consultation with the concerned FARMC: Provided, however, That not over ten
percent (10%) of the suitable water surface area of all lakes and rivers shall be allotted for
aquaculture purposes like fish pens, fish cages and fish traps; and the stocking density and feeding
requirement which shall be controlled and determined by its carrying capacity: Provided, further,
That fish pens and fish cages located outside municipal waters shall be constructed and operated
only within fish pen and fish cage belts designated by the Department and after corresponding
licenses therefor have been secured and the fees thereof paid.
FISHERY, RESERVES, REFUGE, AND SANCTUARIES
1. Fishing areas reserves for exclusive use of government
The DA may designate area or areas in Philippine waters beyond 15 kilometers from the
shoreline as fishery reservation for the exclusive use of the government or any of its political
subdivisions, agencies, and instrumentalities, for propagation, educational, research and
scientific purposes.
In municipalities or cities, the LGUs in consultation with the FARMCs may recommend to the
DA that portion of the municipal waters de declared as fishery reserves for special or limited
use, for educational, research, and/or special management purposes. The FARMCs may
recommend to the DA portions of the municipal waters which Cn be declared as fisheries
reserves for special or limited use for educational, research, and special management purposes.
2. Fish Refuge and Sanctuaries
The DA may establish fish refuge and sanctuaries to be administered in the manner prescribed
by the BFAR and set aside areas for the cultivation of mangroves to strengthen the habitat and
the spawning grounds of fish. No commercial fishing shall be allowed within these areas.
In municipal waters, the LGU in consultation with the FARMCs may establish fishery refuge
and sanctuaries. The FARMCs may also recommend fishery refuge and sanctuaries. At least
15% where applicable of the total coastal areas in each municipality shall be identified and
designated as fish sanctuaries by the LGUs in consultation with the FARMCs.
PROHIBITIONS AND PENALTIES
The following acts are prohibited and penalized under RA No. 10654, amending RA No. 8850:
1. Unauthorized fishing
a. It shall be unlawful for any person to capture or gather or to cause the capture or gathering
of fish, fry or fingerlings of any fishery products without license or permit from the
Department or LGU.
Except in cases specified under the Code, it shall also be unlawful for any commercial
fishing vessel to fish in municipal waters.
The discovery of any person in possession of a fishing gear or operating a fishing vessel in
a fishing area where he has no license or permit shall constitute a prima facie presumption
that the person is engaged in unauthorized fishing: Provided, that fishing for daily food
sustenance or for leisure which is not commercial, occupation, of livelihood purposes may
be allowed.
b. It shall be unlawful for any person not listed in the registry of municipal fisherfolk to
engage in any commercial fishing activity in municipal waters.
2. Engaging in unauthorized fisheries activities
It shall be unlawful for any person to exploit, occupy, produce, breed or culture fish, fry or
fingerlings of any fishery species or fishery products or construct and operate fish corals, fish
trap, fish pens and fish cages or fishponds without license, lease or permit.
The discovery of any person engaging in any of the above activities without a lease, license or
permit shall constitute a prima facie presumption that the person is engaged in unauthorized
fisheries activity.
3. Failure to secure fishing permit prior to engaging in distant water fishing
a. It shall be unlawful for any person to fish in the high seas, in the territorial seas,
archipelagic waters, and Exclusive Economic Zones of other states using a Philippine
flagged fishing vessel without first securing a fishing permit from the Department and
authorization from the coastal state.
The discovery of any person in possession of a fishing gear or operating a fishing vessel in
the abovementioned areas without a fishing permit from the Department or authorization
from the coastal state shall constitute a prima facie presumption that the person is in
violation of this provision.
It shall be unlawful for an owner or operator, and the three highest officers, of a commercial
fishing vessel to commit acts that are in contravention of the terms and conditions stated in
the fishing permit or as may be promulgated by the Department.
4. Unreported Fishing
It shall be unlawful for any person to engage in unreported fishing or to fail to comply with the
reportorial requirements in Section 38 of RA No. 8550, as amended, to wit:
“Each commercial fishing vessel shall keep a daily record of fish catch and
spoilage, landing points, and quantity and value of fish caught, and off-loaded for
transshipment, sale and/or other disposal. Detailed information shall be duly
certified by the vessel’s captain and transmitted to BFAR within the period
prescribed in the implementing rules and regulations promulgated by the
Department. Failure to comply shall result to administrative and penal sanctions.”
5. Unregulated Fishing
It shall be unlawful for any person to engage in unregulated fishing within and beyond national
jurisdiction.
6. Poaching in Philippine Waters
It shall be unlawful for any foreign person, corporation or entity to fish or operate any fishing
vessel in the Philippine waters.
The entry of any foreign fishing vessel in the Philippine waters shall constitute a prima facie
presumption that the vessel is engaged in fishing in the Philippine waters.
7. Fishing through explosives, noxious or poisonous substance, or electricity
It shall be unlawful for any person to catch, take or gather or cause to be caught, taken or
gathered fish or any fishery species in Philippine waters with the explosives, noxious or
poisonous substance, or electricity which will kill, stupefy, disable or render unconscious fish
or fishery species: Provided, that the Department, subject to such safeguards and conditions
deemed necessary and with the endorsement from the concerned LGUs, may allow, for
research, educational or scientific purposes only, the use of such: Provided, further, That the
use of poisonous or noxious substance s to eradicate predators and pests in fishponds in
accordance with accepted scientific practices and without causing adverse environmental
impact in neighboring waters and grounds shall not be construed as illegal fishing.
The discovery of the explosives, noxious or poisonous substance, or electricity shall be prima
facie presumption that the fisherfolk, operator, boat official or fishworker is fishing with the
use thereof.
8. Other violations as provided by the Code
ADMINISTRATIVE ADJUDICATION
1. Administrative Adjudication
The Department is empowered to impose the administrative fines and penalties.
The Department shall organize and designate the composition of the Adjudication Committee
which shall be composed of the bureau director as chairperson and four other members to be
designated by the Secretary. The Adjudication Committee shall be supported by sufficient
number of staff to enable it to perform its mandate.
The Committee shall promulgate rules and regulations for the conduct of administrative
adjudication and the disposition of confiscated catch, gears, equipment and other
paraphernalia. It shall also issue subpoena duces tecum and ad testificandum.
The Department shall, on its own instance or upon verified complaint by any person, institute
administrative proceedings against any person who violates any order, rule or regulation issued
by the Department.
2. Power to issue cease and desist orders and to summarily evict without the necessity of judicial
order
Subject to the requirements of administrative due process, the Department shall issue cease
and desist order/s upon violator/s and to summarily eject, without the necessity of judicial
order.
3. Authority of the Director of the BFAR or the duly authorized representative to issue notice of
violation and order confiscation
4. Prohibition on the issuance of temporary restraining orders, preliminary injunctions and

preliminary mandatory
5. Accompanying administrative sanctions for serious violations
The Adjudication Committee may impose the following additional sanctions to the
administrative penalties imposed for serious violations:
1) Confiscation of fishing gear;
2) Impoundment of fishing vessel;
3) Temporary or permanent ban from the availment of applicable duty and tax rebates;
4) Inclusion in the IUU fishing vessel list;
5) Denial of entry and other port services;
6) Blacklisting; and
7) Increase in the amount of fines but not to exceed five times the value of the catch. In case
of repeated violations within five-year period, the amount of fine may be increased up to
eight times the value of the catch.
6. Citizen’s Suits
Any citizen may file an appropriate civil, criminal or administrative action in the proper
courts/bodies against:
1) Any person who violates or fails to comply with the provisions of the Code and its IRR;
2) The Department or other implementing agencies with respect to orders, rules and
regulations issued inconsistent with the Act;
3) Any public officer who willfully or grossly neglects the performance of a duty specifically
enjoined by the Code and its IRR; abuses authority; or in any manner improperly performs
duties under the Code and its IRR; Provided, however, that no suit can be filed until 15
days after notice has been given the public officer and the alleged offender and no
appropriate action has been taken thereon.
7. Strategic Lawsuit against Public Participation (SLAPP) in the enforcement of the Act
A legal action filed to harass, vex, exert undue pressure, or stifle any legal recourse that nay
person, institution, or the government has taken or may take in the enforcement of the Code
shall be treated as SLAPP.
The hearing on the defense of SLAPP shall be summary in nature, the affirmative defense of a
SLAPP shall be resolved within 30 days after the summary hearing. If the court dismisses the
action, the court may award damages, attorney’s fees, and costs of suit under counterclaim if
such has been filed. The dismissal shall be with prejudice.
If the court rejects the defense of a SLAPP, the evidence adduced during the summary hearing
shall be treated as evidence of the parties on the merits of the case. The Rules on Procedure for
Environmental Cases shall govern the proceedings.
8. Executive Control
If under the law, the Secretary has authority to regulate or ban fishing under certain conditions,
then President may exercise the same power and authority.
9. Enactment of Ordinance by LGUs
Under the general welfare clause, LGU’s have the power, inter alia, to enact ordinances to
enhance the right of the people to a balanced ecology. It likewise specifically vests
municipalities with the power to grant fishery privileges in municipal waters, impose rentals,
fees or charges therefor; to penalize, by appropriate ordinances, the use of explosives, noxious
or poisonous substances, electricity, muro-ami, and other deleterious methods of fishing.
10. Seizure without warrant of fishing vessels breaching fishery laws
11. Forfeiture of vessel used in a crime
When an instrument or tool used in a crime is being claimed by a third-party not liable to the
offense, such third-party must first establish its ownership over the same.\
Ibalik ang Diwa ng Lawa
______________________________________________
LAGUNA LAKE DEVELOPMENT AUTHORITY

*****
BARROGA, Iyra Joy
CORONEL, Nikki Manuel
ESPIRITU, Mary Joy

LAGUNA LAKE DEVELOPMENT AUTHORITY

LAGUNA LAKE
Laguna Lake is the largest and most vital inland water body in the Philippines located East
of Metro Manila between the Provinces of Laguna to the South and Rizal to the North. It is a
freshwater lake and it is one of the primary sources of freshwater fish in the country.
The freshwater lake has a surface area of 911 to 949 km² (352 to 366 sq. mi), with an
average depth of about 2.8 metres (9 ft, 2 in) and an elevation of about 1 metre (3 ft, 3 in) above
sea level. The lake is shaped like a stylized ‘W’, with two peninsulas jutting out from the northern
shore. Its water drains to Manila bay. Lake’s “storage” or water holding capacity is 2.19 billion
cubic meters.
It is considered to be the third largest inland body of water in Southeast Asia.
USES OF LAGUNA LAKE
Laguna Lake is dominantly used for fisheries. Its fisheries production is 140,426 metric
tons (BFAR, 2010.) This is 17% of the National Production and 58% of region IV aquaculture and
marine production.
The lake also serves as a reservoir of flood waters to save Metro Manila from flooding.
It is also used for power generation. There are three power plants located in the region. A
pump storage hydroelectric power station is operated in Laguna. Water is pumped to Caliraya
Reservoir to generate about 300 megawatts of electricity.
The lake is also a source of livelihood for approximately 28,000 fisher-folk families
residing in municipalities around the lake.
Other uses: Recreational fishing, sailing, boating, ecotourism, irrigation, as waste sink, and
as source of potable water. (LLDA)
HISTORY OF LAGUNA LAKE DEVELOPMENT AUTHORITY (LLDA)
The LLDA was established by virtue of Republic Act No. 4850 as a quasi-government
agency with regulatory and proprietary functions. Through the Presidential Decree 815 in 1976
and Executive Order 927 in 1983, its functions and powers were further strengthened to include
environmental protection and jurisdiction over the lake basin’s surface water.
In 1993, through Executive Order 149, the administrative supervision over the LLDA was
transferred from the Office of the President to the Department of Environment and Natural
Resources.
The powers and functions of the LLDA were primarily for the promotion and acceleration
of the development and balanced growth of the Laguna Lake area, including its surrounding
provinces, cities, towns, referred to as the “region.” To attain this, the LLDA evaluates projects
within their jurisdiction and issues the necessary clearance to projects which will maintain the
ecological balance of the region. The Authority shall cover economic zone enterprises putting up
projects located in the following areas:
 Provinces of Rizal and Laguna

 Cities of San Pablo, Pasay, Caloocan, Quezon, Manila and Tagaytay
 Towns of Tanauan, Sto. Tomas and Malvar in Batangas Province
 Towns of Silang and Carmona in Cavite Province
 Town of Lucban in Quezon Province and
 Marikina, Pasig, Taguig, Muntinlupa and Pateros in Metro Manila
In addition, to enhance the water quality of the Laguna de Bay, incentives are given to lake
users with reduced pollution and efficient mitigating measures under the Environmental User’s
Fee system.
The main purpose why LLDA has been organized is to safeguard the Laguna Lake region
from environmental degradation and to promote its development.
MAJOR ISSUES OF LAGUNA LAKE
1. Rapid Expansion of Industrialization and urbanization in the region

2. Waste Sink/Sewerage Canals draining into the lake
3. Biological Pollution
4. Indiscriminate Reclamation and Encroachment of Shoreland Areas
REPUBLIC ACT No. 4850

July 18, 1966
An Act Creating the Laguna Lake Development Authority, Prescribing its Powers, Functions
and Duties, Providing Funds therefore, and for Other purposes
Contents:
CHAPTER I DECLARATION OF POLICY AND CREATION OF AUTHORITY
CHAPTER III CORPORATE POWERS
CHAPTER V MANAGEMENT AND PERSONNEL
CHAPTER I – Declaration of Policy & Creation of Authority
Sec. 1. Declaration of Policy.

It is hereby declared to be the national policy to promote, and accelerate the development
and balanced growth of the Laguna Lake area and the surrounding provinces, cities and towns
hereinafter referred to as the region, within the context of the national and regional plans and
policies for social and economic development and to carry out the development of the Laguna
Lake region with due regard and adequate provisions for environmental management and control,
preservation of the quality of human life and ecological systems, and the prevention of undue
ecological disturbances, deterioration and pollution.
Sec. 2. Laguna Lake Development Authority Created

For the purpose of carrying out and effecting the declared policy, as provided for in Section
one hereof, there is hereby created a body corporate to be known as the Laguna Lake Development
Authority, hereinafter referred to as the Authority, which shall be organized within one hundred
twenty (120) days after the approval of this Act. The Authority shall execute the powers and
functions herein vested and conferred upon it in such a manner as will, in its judgment, aid to the
fullest possible extent in carrying out the aims and purposes set forth below. This Act may be
known as the Laguna Lake Development Authority Act of 1966.
Sec. 3. Location of principal Office

The Authority shall maintain its principal office at a convenient place within the region,
but it may have branch offices in such other places as are necessary for the proper conduct of its
business.
Sec. 4. Special Powers and Functions

(a) To make a comprehensive survey of the physical and natural resources and potentialities
of the Laguna Lake region particularly its social and economic conditions, hydrologic
characteristics, power potentials, scenic and tourist spots, regional problems, and on the
basis thereof, to draft a comprehensive and detailed plan designed to conserve and utilize
optimally the resources within the region particularly Laguna de Bay to promote the
region's rapid social and economic development and upon approval by the National
Economic and Development Authority (NEDA) Board of such plan, to implement the same
including projects in line with said plan: Provided, That implementation of all fisheries
plans and programs of the authority shall require prior consensus of the Bureau of Fisheries
and Aquatic Resources to ensure that such plans and programs are consistent with the
national fisheries plans and programs. For the purpose of said survey, public agencies shall
submit and private entities shall provide necessary data except such data which under
existing laws are deemed inviolable.
(b) To provide the machinery for extending the necessary planning, management and technical
assistance to prospective and existing investors in the region;
(c) To make recommendation to the proper agencies on the peso or dollar financing, technical
support, physical assistance and, generally, the level of priority to be accorded agricultural,
industrial and commercial projects, soliciting or requiring direct help from or through the
government or any of its instrumentalities;
(d) To pass upon and approve or disapprove all plans, programs, and projects proposed by
local government offices/agencies within the region, public corporations, and private
persons or enterprises where such plans, programs and/or projects are related to those of
the Authority for the development of the region as envisioned in this Act. The Authority
shall issue the necessary clearance for approved proposed plans, programs, and projects
within thirty days from submission thereof unless the proposals are not in consonance with
those of the Authority or that those will contribute to the unmanageable pollution of the
Laguna Lake waters or will bring about the ecological imbalance of the region:
Provided, further, That the Authority is hereby empowered to institute necessary

legal proceeding against any person who shall commence to implement or continue
implementation of any project, plan or program within the Laguna de Bay region without
previous clearance from the Authority:
Provided, furthermore, That any local government office, agency, public

corporation, private person, or enterprise whose plans, programs and/or projects have been
disapproved by the Authority may appeal the decision of the Authority to the NEDA within
fifteen (15) days from receipt of such disapproval whose decision on the matter shall be
final. Reasonable processing fees as may be fixed by the Authority's Board of Directors
shall be collected by the Authority for the processing of such plans, programs and/or
projects: Provided, finally, The expansion plans shall be considered as new plans subject
to review of the Authority and to payment of the processing fees.
The Authority and national and local government offices, agencies and public
corporations shall coordinate their plans, programs, projects and licensing procedures with
respect to the Laguna Lake region for the purpose of drawing up a Laguna Lake
development plan which shall be binding upon all parties concerned upon approval of the
NEDA board.
(e) To engage in agriculture, industry, commerce, or other activities within the region which
may be necessary or directly contributory to the socio-economic development of the region,
and, for this purposes, whether by itself or in cooperation with private persons or entities,
to organize, finance, invest in, and operate subsidiary corporations:
Provided, That the Authority shall engage only, unless public interest requires
otherwise, in those activities as are in the nature of new ventures or are clearly beyond the
scope, capacity, or interest or private enterprises due to consideration of geography,
technical or capital requirements, returns on investment, and risk;
(f) To plan, program finance/or undertake infrastructure projects such as river, flood and tidal
control works, waste water and sewerage works, water supply, roads, port works, irrigation,
housing and related works, when so required within the context of its development plans
and programs including the readjustment, relocation or settlement (resettlement as
amended by PD 813) of population within the region as may be necessary and beneficial
by the Authority: Provided, That should any project be financed wholly or in part by the
Authority, it is hereby authorized to collect reasonable fees and tolls as may be fixed by its
Board of Directors subject to the approval of the NEDA Board from users and/or
beneficiaries thereof to recover costs of construction, operation and maintenance of the
projects:
Provided, further, That if the Authority should find it necessary to undertake such
infrastructure projects which are classified, as social overhead capital projects as
determined by the NEDA, the Authority shall be authorized to receive financial assistance
from the government in such amount as may be necessary to carry out the said projects
subject to such terms and condition that may be imposed by the government, upon
recommendation of the NEDA Board: Provided, finally, That such amount as may be
necessary for the purpose is hereby authorized to be appropriated out of the funds of the
National Treasury not otherwise appropriated.
(g) To make an annual report to the stockholders regarding the operation of the Authority more
particularly a statement of its financial conditions, activities undertaken, progress of
projects and programs and plans of actions for the incoming years: Provided,
however, That a majority of the stockholders may require the Authority to submit report or
reports other than the annual report herein required, which report must be submitted within
a period of thirty (30) days from notice thereof;
(h) To lend or facilitate the extension of financial assistance and/or act as surety or guarantor
to worthwhile agricultural, industrial and commercial enterprises;
(i) To reclaim or cause to the reclaimed portions of the Lake or undertake reclamation projects
and/or acquire such bodies of land from the lake which may be necessary to accomplish
the aims and purposes of the Authority subject to the approval of the NEDA
Board: Provided, That the land so reclaimed shall be the property of the Authority and title
thereto shall be vested in the Authority: Provided, further, That the resulting lake shore
(area) shall continue to be owned by the national government.
(j) The provisions of existing laws to the contrary notwithstanding, to engage in fish
production and other aqua-culture projects in Laguna de Bay and other bodies of water
within its jurisdiction and in pursuance thereof to conduct studies and make experiments,
whenever necessary, with the collaboration and assistance of the Bureau of Fisheries and
Aquatic Resources, with the end in view of improving present techniques and
practice. Provided, That until modified, altered or amended by the procedure provided in
the following sub-paragraph, the present laws, rules and permits or authorizations remain
in force;
(k) For the purpose of effectively regulating and monitoring activities in Laguna de Bay, the
Authority shall have exclusive jurisdiction to issue new permit for the use of the lake waters
for any projects or activities in or affecting the said lake including navigation, construction,
and operation of fishpens, fish enclosures, fish corrals and the like, and to impose necessary
safeguards for lake quality control and management and to collect necessary fees for said
activities and projects: Provided, That the fees collected for fisheries may be shared
between the Authority and other government agencies and political sub-divisions in such
proportion as may be determined by the President of the Philippine upon recommendation
of the Authority's Board:
Provided, further, That the Authority's Board may determine new areas of fisheries
development or activities which it may place under the supervision of the Bureau of
Fisheries and Aquatic taking into account the overall development plans and programs for
Laguna de Bay and related bodies of water: Provided, finally, That the Authority shall
subject to the approval of the President of the Philippines promulgate such rules and
regulations which shall govern fisheries development activities in Laguna de Bay which
shall take into consideration among others the following: socioeconomic amelioration of
bonafide resident fisherman whether individually or collectively in the form of
cooperatives, lakeshore town development, a master plan for fishpen construction and
operation, communal fishing ground for lakeshore town residents, and preference to
lakeshore town residents in hiring laborers for fishery projects.
(l) To require the cities and municipalities embraced within the region to pass appropriate
zoning ordinances and other regulatory measures necessary to carry out the objectives of
the Authority and enforce the same with the assistance of the Authority.
(m) The provisions of existing laws to the contrary notwithstanding, to exercise water rights
over public waters within the Laguna de Bay region whenever necessary to carry out the
Authority's projects;
(n) To act in coordination with existing governmental agencies in establishing water quality
standards for industrial, agricultural and municipal waste discharges into the lake and to
cooperate with said existing agencies of the government of the Philippines in enforcing
such standards, or to separately pursue enforcement and penalty actions as provided for in
Section 4(d) and Section 39-A of this Act: Provided, That in case of conflict on the
appropriate water quality standard to be enforced such conflict shall be resolved thru the
NEDA Board;
(o) To develop water supply from ground and/or lake water resources for municipal,
agricultural and industrial usages, in coordination with the National Water Resources
Council created by Presidential Decree No. 424 dated March 28, 1974 or its successors in
interests, and to enter into agreements with municipalities, governmental agencies and
corporations and the private sector to supply, distribute and market such water;
(p) Undertake studies on the improvement and maintenance of the desirable lake water quality
of Laguna de Bay, and in pursuance thereof, prepare a water quality management program
on a continuing basis, subject to the approval of the NEDA, which the Authority shall carry
out with the assistance and support of all national and local government units involved in
water quality management.
Sec. 4-A. Compensation for damages to the water and aquatic resources of Laguna de Bay and its
tributaries resulting from failure to meet established water and effluent quality standards or from
such other wrongful act or omission of a person, private or public, juridical or otherwise,
punishable under the law shall be awarded to the Authority to be earmarked for water quality
control and management.
Sec. 4-B. (PD 813 (1975) amends certain sections of RA 4850)

The Authority is hereby empowered to collect annual fees as provided for in Sec. 4-J
herein, for the use of the lake waters and its tributaries for all beneficial purposes including
recreation, municipal, industrial, agricultural, fisheries, navigation and waste disposal purposes.
All the fees so collected shall be used for the management and development of the lake and its
watershed areas: Provided, That the rates of the fees to be collected shall be subject to the approval
of the President of the Philippines.
CHAPTER III – Corporate Powers
Sec. 5 – Powers of the Authority

 To enter into contracts of any kind and description, to enable it to carry out its purposes
and functions under this Act;
 To acquire, buy, purchase, hold or lease, such personal and real property as it deems
necessary or convenient in the transaction of its business and/or in relation with carrying
out its purposes under this Act; and to lease, mortgage, sell, alienate, or otherwise
encumber, utilize, exploit or dispose any such personal and (and was deleted as per PD
813) real property held by it, subject to prior or existing individual or communal right of
private parties or of the government or any agency or enterprise thereof.
 To exercise the right of eminent domain whenever the Authority deems it necessary for the
attainment of the objectives of the Authority under this Act;
 To borrow funds from any local or foreign financial institutions independent of the bonds
it may issue or may continue to issue, to carry out the purposes of this Authority under this
Act;
 To purchase, hold, alienate, mortgage, pledge or otherwise dispose of the shares of the
capital stock of, or any bond, securities, or other evidence of indebtedness created by any
other corporation, co-partnership, or government agencies or instrumentalities; and while
the owner of said stock to exercise all the rights or (of per PD 813 dated 10/18/75)
ownership, including the right to vote thereon; Provided, That the Authority shall not
invest its funds in any highly risky debt instruments issued without recourse to commercial
banks or investment houses as well as in any highly speculative stocks.
 To issue such rules and regulations as may be necessary to effectively carry out the powers
and purposes herein provided including the plans, programs and projects of the Authority,
subject to the approval of the NEDA, the same to take effect thirty (30) days after
publication thereof, in a newspaper of general circulation.
Sec. 6. Capitalization and Financing

The Authority shall have an authorized capital of One Hundred Million Pesos
(₱100,000,000) of which the amount of Fifty-One Million Pesos (₱51,000,000) shall be subscribed
by the national government and Forty-Nine Million Pesos (₱49,000,000) shall be subscribed by
cities, provinces, municipalities, government corporations and private investors; Provided, That at
least twenty-five percent of the national government's subscription shall be fully paid: Provided,
further, That the authorized capital stock may be increased upon the recommendation of NEDA.
Sec. 12. Exemption from tax

The Authority shall be exempt from all taxes, licenses, fees, and duties, incidental to its
operations. This exemption shall extend to its subsidiary corporation: Provided, That its subsidiary
corporations shall be subject to all said taxes, licenses, fees, and duties five (5) years after their
establishment under a graduated scale. Such examination shall include any tax or fee imposed by
the government on the sale, purchase or transfer of foreign exchange. All notes, bonds, debentures
and other obligations issued by the Authority shall be exempt from all taxes both as to principal
and interest, except inheritance and gift taxes.
CHAPTER V – Management & Personnel
Composition of the LLDA Board of Directors

 Representative of the Office of the President
 Secretary, Department of Environment and Natural Resources
 Secretary, Department of Trade and Industry
 Secretary, National Economic Development Authority
 Governor, Province of Laguna
 Governor, Province of Rizal
 Chairman, Metro Manila Development Authority
 Presidents, Leagues of Mayors of Rizal and Laguna
 Private Investors’ Representative
 General Manager, LLDA, ex-Officio member
Sec. 21. Qualifications of Directors

All members of the Board shall be citizens and residents of the Philippines. They shall have
demonstrated executive competence and experience in the field of public administration, economic
planning, resource management, or in the establishment and management of large agricultural,
industrial or commercial enterprises. No person shall be nominated as member of the Board unless
he be of unquestioned integrity and competence.
Sec. 34-C Management Audit by the NEDA – The NEDA, may, at its own instance, initiate a
management audit of the Authority when there is a reasonable ground to believe that the affairs of
the Authority have been mismanaged. Should such audit indicate mismanagement, the NEDA shall
take such appropriate measures as may be required by circumstances.
LLDA Mandate
RA 4850 (1966) – to promote accelerate the development and balanced growth with due regard
for environmental management
PD 813 (1975) – expanded the mandate of LLDA to address environmental protection including
the powers to issue permit for the use of surface waters
EO 927 (1983)
- classified LLDA as Class A Corporation
- authorized to modify its organization
- granted water rights over Laguna de Bay and other water bodies within the region
- granted power to control and abate pollution within the region
- authorized to collect fees for the use of lake water
EO 149 (1993) – placed under the DENR for administrative supervision and policy coordination
EO 349 (1996) – adoption and implementation of Laguna de Bay Master Plan
DAO 2004-61 – transfer of ECC/CNC issuance
LLDA BOARD RESOLUTION No. 96-33

APPROVING THE RULES AND REGULATIONS IMPLEMENTING THE
ENVIRONMENTAL USER FEE SYSTEM IN THE LAGUNA DE BAY REGION
I. Objective (Sec. 2)
In order to make environmental efforts more effective, a market-based policy
instrument in the form of a user fee will be implemented to complement the existing
regulatory mechanisms. This environmental user fee system is primarily aimed at
reducing the pollution loading into the Laguna de Bay by enjoining all dischargers of
liquid waste to internalize the cost of environmental degradation and enhancement into
their business decisions or actions.
II. Scope (Sec. 3)

These rules and regulations shall apply to all development projects, installations
and activities that discharge liquid waste into and pose a threat to the environment of
the Laguna de Bay Region which covers industrial, commercial, domestic and
agricultural sources. These rules shall govern the administration of discharge permits that
are based on an assessment of fees or charges on industrial and/or municipal effluents,
including their application, issuance conditions, modifications, sanctions and enforcement.
Definition of terms
“User Fee”
- is a fee levied on the dischargers for the use of the lake or its tributary rivers and streams
for waste disposal purposes according to each unit of discharge
“Discharge Permit”
- is a clearance or legal authorization granted by the Authority to discharge liquid waste or
wastewater of specified concentration and volume into any sewer system or any water body
that directly or eventually drains into the Laguna de Bay for a specified period of time.
Requisites for Discharge Permit (Sec. 5)

a. application using the prescribed forms, under oath by the CEO or his duly authorized
representative, in two (2) copies and supported by the official receipt of the filing fee;
b. a copy of the applicant's LLDA Clearance;
c. Engineer's Report;
d. statement of the final cost incurred in the installation of the pollution control device, if
any, and its annual maintenance costs;
e. a copy of the Certificate of Accreditation of the Pollution Control Officer duly issued
by the Authority, or appointment/designation as such by the CEO; and
f. payment of the User Fees as assessed by the Authority
III. General Prohibitions (Sec. 27)

a. No person, natural or juridical, government office/agency, or public corporation shall
undertake development program and/or project within the Laguna de Bay Region
without first securing clearance from the Authority.
b. No person, natural or juridical, shall throw, run, drain or otherwise dispose into any of
the water and/or land resources of the Laguna de Bay Region, or cause, permit, suffer
to be thrown, run, drain, and allow seeping, or otherwise disposing thereto, any organic
or inorganic matter or any substance in liquid form that shall cause pollution thereof.
c. No person shall dispose of toxic and/or hazardous wastes without first securing a
written authorization from the Authority.
Laguna Lake Development Authority vs. Court of Appeals

G.R. No. 110120, 16 March 1994
FACTS:
The LLDA Legal and Technical personnel found that the City Government of Caloocan
was maintaining an open dumpsite at the Camarin area without first securing an Environmental
Compliance Certificate (ECC) from the Environmental Management Bureau
of the Department of Environment and Natural Resources, as required under
Presidential Decree No. 1586, and clearance from LLDA as required under Republic Act
No. 4850 and issued a CEASE and DESIST ORDER (CDO) for the City Government of Caloocan
to stop the use of the dumpsite.
ISSUES:
1. Does the LLDA and its amendatory laws, have the authority to entertain the complaint
against the dumping of garbage in the open dumpsite in Barangay Camarin authorized by
the City Government of Caloocan?
2. Does the LLDA have the power and authority to issue a “cease and desist” order?
HELD:
1. YES, LLDA has authority. It must be recognized in this regard that the
LLDA, as a specialized administrative agency, is specifically mandated under Re
public Act No. 4850 and its amendatory laws to carry out and make effective the
declared national policy of promoting and accelerating the
development and balanced growth of the Laguna Lake area and the surrounding p
rovinces of Rizal and Laguna and the cities of San Pablo, Manila, Pasay, Quezon and
Caloocan with due regard and adequate provisions for environmental management
and control, preservation of the quality of human life and ecological systems, and the
prevention of undue ecological disturbances, deterioration and pollution.
2. YES, pursuant to EO 927 Section 4. While it is a fundamental rule that an administrative

agency has only such powers as are expressly granted to it by law , it is likewise a settled
rule that an administrative agency has also such powers as are necessarily implied in
the exercise of its ex press powers.
In the exercise, therefore, of its express powers under its charter as a

regulatory and quasi-judicial body with respect to pollution cases
in the Laguna Lake region, the authority of the LLDA to issue a “cease and
desist” is, perforce, implied.
Laguna Lake Development Authority vs. Court of Appeals

G.R. Nos. 120865-71 December 7, 1995
“It is difficult for a man, scavenging on the garbage dump created by affluence and
profligate consumption and extravagance of the rich or fishing in the murky waters of the Pasig
River and the Laguna Lake or making a clearing in the forest so that he can produce food for his
family, to understand why protecting birds, fish, and trees is more important than protecting him
and keeping his family alive.”
FACTS:
The Laguna Lake Development Authority (LLDA) was created through Republic Act No.
4850. It was granted, inter alia, exclusive jurisdiction to issue permits for the use of all surface
water for any project or activity in or affecting the said region including navigation, construction,
and operation of fishpens, fish enclosures, fish corrals and the like.
Then came RA 7160, the Local Government Code of 1991. The municipalities in the
Laguna Lake region interpreted its provisions to mean that the newly passed law gave municipal
governments the exclusive jurisdiction to issue fishing privileges within their municipal waters.
ISSUE:
WON the Local Government Code of 1991 provides jurisdiction to municipalities over the
Laguna Lake and its environs insofar as the issuance of permits for fishing privileges is concerned.
Held:
NO, LLDA has jurisdiction over such matters because the charter of the LLDA prevails
over the Local Government Code of 1991. The said charter constitutes a special law, while the
latter is a general law.
In addition, the charter of the LLDA embodies a valid exercise of police power for the
purpose of protecting and developing the Laguna Lake region, as opposed to the Local
Government Code of 1991, which grants powers to municipalities to issue fishing permits for
revenue purposes.
Remember!
“Laguna de Bay, like any other single body of water has its own unique natural ecosystem.
The 900 km² lake surface water, the eight (8) major river tributaries and several other smaller rivers
that drain into the lake, the 2,920 km² basin or watershed transcending the boundaries of Laguna
and Rizal provinces, greater portion of Metro Manila, parts of Cavite, Batangas, and Quezon
provinces, constitute one integrated delicate natural ecosystem that needs to be protected with
uniform set of policies; if we are to be serious in our aims of attaining sustainable development.
This is an exhaustible natural resource — a very limited one — which requires judicious
management and optimal utilization to ensure renewability and preserve its ecological
integrity and balance.”
-END-

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The Blue Laws of

BLUE TEAM MEMBERS

AGUINALDO, Jerwin FERNANDEZ, Jonah U.

The Water Code of the Philippines

Philippine Clean Water Act of 2004

The Philippine Fisheries Code of 1998

Laguna Lake Development Authority

Fragmentation among water-related agencies is evident in three areas of concern: water

The following agencies are involved in water supply and distribution:

The following agencies have the same function as resource regulators:

There are also coordinating committees established to align development of water

Presidential Decree No. 1067

THE WATER CODE OF THE PHILIPPINES

ARTICLE 2: The objectives of this Code are:

ARTICLE 3: The underlying principles of this Code are:

WHAT ARE THE WATERS OWNED BY THE STATE?

ARTICLE 10: Water may be appropriated for the following purposes:

WHAT IS WATER RIGHT?

DO WE NEED TO SECURE WATER PERMIT IN ALL WATER APPROPRIATIONS?

WHO ARE QUALIFIED TO APPLY FOR WATER PERMIT/AUTHORITY?

HOW TO APPLY WATER PERMIT?

AT WHAT POINT THE RIGHT TO USE WATER IS ACQUIRED?

ARE WATER RIGHTS TRANSFERRABLE?

Metropolitan Manila Development Authority vs. Concerned Residents of Manila Bay

The Department of Health (DOH), under Article 76 of PD 1067, is tasked to promulgate

Article 51 of PD 1067 provides that:

PROHIBITIONS AND CONDITIONS FOR USE OF WATERS

CONSERVATION AND PROTECTION OF WATERS AND WATERSHEDS AND

4. Prevention of salt damage

• The application of agricultural fertilizers and pesticides may be prohibited or regulated by

ADMINISTRATION OF WATERS AND ENFORCEMENT OF THE PROVISIONS OF

• deputizes any official agency of the government to perform specific function;

• approves program or project involving the appropriation, utilization, exploitation,

 Unauthorized sale, lease, or transfer of water and/or water rights;

 Non-observance of any standard of beneficial use of water;

 Drilling of a well without permission of the Council;

 Failure of the appropriator to keep a record of water withdrawal when required;

 Utilization of an existing well or ponding or spreading of water for recharging subterranean

 Violation of or non-compliance with any order, rules or regulations of the Council;

 Illegal taking or diversion of watering in an open canal, aqueduct or reservoir;

 Cultivation of a river bed, sand bar or tidal flat without permission;

 Unauthorized obstruction of an irrigation canal; and

 Malicious destruction of hydraulic works or structure valued at not exceeding ₱25000.

 Excavation or enlargement of the opening of a hot sprint without permission;

 Unauthorized obstruction of a river or waterway, or occupancy of a river bank or seashore

 Establishment of a cemetery or a waste disposal area near source of water supply or

 Misrepresentation of citizenship in order to qualify for water permit; and

 Malicious destruction of a hydraulic works or structure valued at more than ₱100000.

If the offense is committed by a corporation, trust, firm, partnership, association or any

Republic Act No. 9275

DALAGAN, Aiko Marie E.

Republic Act No. 9275

II. Philippine Clean Water Act of 2004

IV. Water Quality Management System

Said management areas shall have similar hydrological, hydrogeological, meteorological

V. Water Pollution Permits and Charges

VI. Financial Liability Mechanism

VII. Institutional Mechanism

a. Prepare a National Water Quality Status Report

b. Prepare an Integrated Water Quality Management Framework (IWQMF)

e. Enforce, review and revise water quality guidelines

f. Review and set effluent standards

g. Establish internationally-accepted procedures for sampling and analysis of pollutants and