RA 9275, Clean Water Act;

RULES OF PROCEDURE FOR ENVIRONMENTAL CASES

(x) RA 9483, Oil Spill Compensation Act of 2007; and
(AM No. 09-6-8-SC)
(y) Provisions in CA 141, The Public Land Act;
(z) R.A. No. 6657, Comprehensive Agrarian Reform Law of 1988;
1 Scope and applicability of the Rule
(aa) RA 7160, Local Government Code of 1991;
(bb) RA 7161, Tax Laws Incorporated in the Revised Forestry Code and Other Environmental Laws
(1) These Rules shall govern the procedure in civil, criminal and special civil actions before the (Amending the NIRC);
Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts
and Municipal Circuit Trial Courts involving enforcement or violations of environmental and other related (cc) RA 7308, Seed Industry Development Act of 1992;
laws, rules and regulations such as but not limited to the following:
(dd) RA 7900, High-Value Crops Development Act;
(a) Act 3572, Prohibition Against Cutting of Tindalo, Akli, and Molave Trees;
(ee) RA 8048, Coconut Preservation Act;
(b) PD 705, Revised Forestry Code;
(ff) RA 8435, Agriculture and Fisheries Modernization Act of 1997;
(c) PD 856, Sanitation Code;
(gg) RA 9522, The Philippine Archipelagic Baselines Law;
(d) PD 979, Marine Pollution Decree;
(hh) RA 9593, Renewable Energy Act of 2008;
(e) PD 1067, Water Code;
(ii) RA 9637, Philippine Biofuels Act; and
(f) PD1151, Philippine Environmental Policy of 1977;
(jj) Other existing laws that relate to the conservation, development, preservation, protection and
(g) PD 1433, Plant Quarantine Law of 1978; utilization of the environment and natural resources.
(h) PD 1586, Establishing an Environmental Impact Statement System Including Other Environmental
Management Related Measures and for Other Purposes;
2 Civil Procedure
(i) RA 3571, Prohibition Against the Cutting, Destroying or Injuring of Planted or Growing Trees,
Flowering Plants and Shrubs or Plants of Scenic Value along Public Roads, in Plazas, Parks, School
Premises or in any Other Public Ground; Prohibition against Temporary Restraining Order and Preliminary Injunction (Sec. 10, Part 2,
Rule 2)
(j) RA 4850, Laguna Lake Development Authority Act;
(k) RA 6969, Toxic Substances and Hazardous Waste Act; (1) Except the Supreme Court, no court can issue a TRO or writ of preliminary injunction against
lawful actions of government agencies that enforce environmental laws or prevent violations thereof
(l) RA 7076, People’s Small-Scale Mining Act; (Sec. 10, Part 2, Rule 2).
(m) RA 7586, National Integrated Protected Areas System Act including all laws, decrees, orders, (2) The formulation of this section is derived from the provisions of PD 605 and likewise covers the
proclamations and issuances establishing protected areas; provisions of PD 1818. To obviate future conflict between the present provision and these two laws, the
prohibition on the issuance of TRO remains the general rule while its issuance is the exception. In
(n) RA 7611, Strategic Environmental Plan for Palawan Act; availing of the exception, the movants must overcome the presumption of regularity in the performance
(o) RA 7942, Philippine Mining Act; of a duty by the respondent government agency or official. The judge must then require a higher
standard and heavier burden of proof. This section is formulated to support government and its
(p) RA 8371, Indigenous Peoples Rights Act; agencies in their responsibilities and tasks. Therefore, in the absence of evidence overcoming this
(q) RA 8550, Philippine Fisheries Code; presumption of regularity, no court can issue a TRO or injunctive writ. It is only the SC which can issue
a TRO or an injunctive writ in exceptional cases.
(r) RA 8749, Clean Air Act;
Pre-trial Conference; Consent Decree (Sec. 5, Rule 3)
(s) RA 9003, Ecological Solid Waste Management Act;
(1) The judge shall put the parties and their counsels under oath, and they shall remain under oath in
(t) RA 9072, National Caves and Cave Resource Management Act; all pre-trial conferences. The judge shall exert best efforts to persuade the parties to arrive at a
settlement of the dispute. The judge may issue a consent decree approving the agreement between the
(u) RA 9147, Wildlife Conservation and Protection Act;
parties in accordance with law, morals, public order and public policy to protect the right of the people to
(v) RA 9175, Chainsaw Act; a balanced and healthful ecology. Evidence not presented during the pre-trial, except newly discovered
evidence, shall be deemed waived.
(2) Consent Decree refers to a judicially-approved settlement between concerned parties based on
public interest aspect in environmental cases and encourages the parties to expedite the resolution of
litigation (Sec. 4[b], Rule 1, Part 1).
(3) Sec. 5, Rule 3 encourages parties to reach an agreement regarding settlement through a consent
decree, which gives emphasis to the public interest aspect in the assertion of the right to a balances and
healthful ecology.
Prohibited Pleadings and Motions (Sec. 2, Rule 2)
(1) The following pleadings or motions shall not be allowed:
(a) Motion to dismiss the complaint;
(b) Motion for a bill of particulars;
(c) Motion for extension of time to file pleadings, except to file answer, the extension not to exceed
fifteen (15) days;
(d) Motion to declare the defendant in default;
(e) Reply and rejoinder; and
(f) Third party complaint.
(2) While the enumeration have been adopted in part from the Rule on Summary Procedure in
response to the question of delay which often accompanies regular cases, summary procedure is not
adopted in its entirety given the complex and wide range of environmental cases. Procedural
safeguards have been introduced for truly complex cases which may necessitate further evaluation from
the court. Among these the exclusion of the motions for postponement, new trial and reconsideration, as
well as the petition for relief from the prohibition.
(3) Motion for postponement, motion for new trial and petition for relief from judgment shall only be
allowed in certain conditions of highly meritorious cases or to prevent a manifest miscarriage of justice.
The satisfaction of these conditions is required since these motions are prone abuse during litigation.
(4) Motion for intervention is permitted in order to allow the public to participate in the filing and
prosecution of environmental cases, which are imbued with public interest. Petitions for certiorari are
likewise permitted since these raise fundamentally questions of jurisdiction. Under the Constitution, the
SC may not be deprived of its certiorari jurisdiction.
Temporary Environmental Protection Order (TEPO)
(1) Issuance of Temporary Environmental Protection Order (TEPO).—If it appears from the verified
complaint with a prayer for the issuance of an Environmental Protection Order (EPO) that the matter is
of extreme urgency and the applicant will suffer grave injustice and irreparable injury, the executive
judge of the multiple sala court before raffle or the presiding judge of a single-sala court
as the case may be, may issue ex parte a TEPO effective for only seventy-two (72) hours from date of
the receipt of the TEPO by the party or person enjoined. Within said period, the court where the case is
assigned, shall conduct a summary hearing to determine whether the TEPO may be extended until the
termination of the case. The court where the case is assigned, shall periodically monitor the existence of
acts that are the subject matter of the TEPO even if issued by the executive judge, and may lift the
same at any time as circumstances may warrant. The applicant shall be exempted from the posting of a
bond for the issuance of a TEPO (Sec. 8, Rule 2).
(2) The Rules provide that an applicant who files for the issuance of a TEPO is exempt from the
posting of a bond, but the Rules also provide for safeguards for the possible pernicious effects upon the
party or person sought to be enjoined by the TEPO:
(a) A TEPO may only be issued in matters of extreme urgency and the applicant will suffer grave
injustice and irreparable injury, the TEPO effective for only 72 hours; and
(b) The court should periodically monitor the existence of acts which are the subject matter of the
TEPO, the TEPO can be lifted anytime as the circumstances may warrant.
(3) While the TEPO may be issued ex parte, this is more of the exception. The general rule on the
conduct of a hearing pursuant to due process remains.
Judgment and Execution (Rule 5)
(1) Any judgment directing the performance of acts for the protection, preservation or rehabilitation of
the environment shall be executory pending appeal unless restrained by the appellate court (Sec.
(2) A judgment rendered pursuant to these Rules is immediately executor. It may not be stayed by
the posting of a bond under Rule 39 of the Rules of Court and the sole remedy lies with the appellate
court. the appellate court can issue a TRO to restrain the execution of the judgment and should the
appellate court act with grave abuse of discretion in refusing to act on the application for a TRO, a
petition for certiorari under Rule 65 can be brought before the Supreme Court.
Reliefs in a Citizen’s Suit (Sec. 5, Rule 2; Sec. 1, Rule 5)
(1) Any Filipino citizen in representation of others, including minors or generations yet unborn, may
file an action to enforce rights or obligations under environmental laws. Upon the filing of a citizen suit,
the court shall issue an order which shall contain a brief description of the cause of action and the reliefs
prayed for, requiring all interested parties to manifest their interest to intervene in the case within fifteen
(15) days from notice thereof. The plaintiff may publish the order once in a newspaper of a general
circulation in the Philippines or furnish all affected barangays copies of said order. Citizen suits filed
under R.A. No. 8749 and R.A. No. 9003 shall be governed by their respective provisions (Sec. 5, Rule
2).
(2) If warranted, the court may grant to the plaintiff proper reliefs which shall include the protection,
preservation or rehabilitation of the environment and the payment of attorney’s fees, costs of suit and
other litigation expenses. It may also require the violator to submit a program of rehabilitation or
restoration of the environment, the costs of which shall be borne by the violator, or to contribute to a
special trust fund for that purpose subject to the control of the court (Sec. 1, Rule 5).
Permanent Environmental Protection Order (Sec. 3, Rule 5)
(1) Permanent EPO; writ of continuing mandamus.— In the judgment, the court may convert the
TEPO to a permanent EPO or issue a writ of continuing mandamus directing the performance of acts
which shall be effective until the judgment is fully satisfied. The court may, by itself or through the
appropriate government agency, monitor the execution of the judgment and require the party concerned
to submit written reports on a quarterly basis or sooner as may be necessary, detailing the progress of
the execution and satisfaction of the judgment. The other party may, at its option, submit its comments
or observations on the execution of the judgment.
(2) In this provision, continuing mandamus is made available as a final relief. As a remedy, continuing
mandamus is decidedly an attractive relief. Nevertheless, the monitoring function attached to the writ is
decidedly taxing upon the court. Thus, it is meant to be an exceptional remedy. Among others, the
nature of the case in which the judgment is issued will be a decisive factor in determining whether to
issue a writ of continuing mandamus. A TEPO may be converted into a writ of continuing mandamus
should the circumstances warrant.
Writ of Continuing Mandamus
(1) Continuing mandamus is a writ issued by a court in an environmental case directing any agency
or instrumentality of the government or officer thereof to perform an act or series of acts decreed by final
judgment which shall remain effective until judgment is fully satisfied (Sec. 4[c], Rule 1, Part1).
(2) The concept of continuing mandamus was originally enunciated in the case of Concerned
Residents of Manila Bay vs. MMDA, GR 171947-98, Dec. 18, 2008. The Rules now codify the Writ of
Continuing Mandamus as one of the principal remedies which may be availed of in environmental
cases.
Strategic Lawsuit Against Public Participation
(1) Strategic lawsuit against public participation (SLAPP) refers to an action whether civil, criminal or
administrative, brought against any person, institution or any government agency or local government
unit or its officials and employees, with the intent to harass, vex, exert undue pressure or stifle any legal
recourse that such person, institution or government agency has taken or may take in the enforcement
of environmental laws, protection of the environment or assertion of environmental rights (Sec. 4[g],
Rule 1).
(2) A legal action filed to harass, vex, exert undue pressure or stifle any legal recourse that any
person, institution or the government has taken or may take in the enforcement of environmental laws,
protection of the environment or assertion of environmental rights shall be treated as a SLAPP and shall
be governed by these Rules (Sec. 1, Rule 6).
(3) SLAPP as a defense; how alleged.—In a SLAPP filed against a person involved in the
enforcement of environmental laws, protection of the environment, or assertion of environmental rights,
the defendant may file an answer interposing as a defense that the case is a SLAPP and shall be
supported by documents, affidavits, papers and other evidence; and, by way of counterclaim, pray for
damages, attorney’s fees and costs of suit. The court shall direct the plaintiff or adverse party to file an
opposition showing the suit is not a SLAPP, attaching evidence in support thereof, within a non-
extendible period of five (5) days from receipt of notice that an answer has been filed. The defense of a
SLAPP shall be set for hearing by the court after issuance of the order to file an opposition within fifteen
(15) days from filing of the comment or the lapse of the period (Sec. 2, Rule 6).
(4) Summary hearing. The hearing on the defense of a SLAPP shall be summary in nature. The
parties must submit all available evidence in support of their respective positions. The party seeking the
dismissal of the case must prove by substantial evidence that his acts for the enforcement of
environmental law is a legitimate action for the protection, preservation and rehabilitation of the
environment. The party filing the action assailed as a SLAPP shall prove by preponderance of evidence
that the action is not a SLAPP and is a valid claim (Sec. 3, Rule 6).
(5) Resolution of the defense of a SLAPP. The defense of a SLAPP shall be resolved within thirty
(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 a 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 action shall proceed in
accordance with the Rules of Court (Sec. 4, Rule 6).
(6) Since a motion to dismiss is a prohibited pleading, SLAPP as an affirmative defense should be
raised in an answer along with other defenses that may be raised in the case alleged to be a SLAPP.
3 Special Procedure
Writ of Kalikasan (Rule 7)
(1) The writ is a remedy available to a natural or juridical person, entity authorized by law, people’s
organization, non-governmental organization, or any public interest group accredited by or registered
with any government agency, on behalf of persons whose constitutional right to a balanced and
healthful ecology is violated, or threatened with violation by an unlawful act or omission of a public
official or employee, or private individual or entity, involving environmental damage of such magnitude
as to prejudice the life, health or property of inhabitants in two or more cities or provinces (Sec. 1, Rule
7).
(2) Extraordinary remedy. The underlying emphasis in the Writ of Kalikasan is magnitude as it deals
with damage that transcends political and territorial boundaries. Magnitude is thus measured according
to the qualification set forth in this Rule—when there is environmental damage that prejudices the life,
health or property of inhabitants in two or more cities or provinces.
(3) Who may avail of the writ. The petition for the issuance of a WOK can be filed by any of the
following: (a) a natural or juridical person; (b) entity authorized by law; (c) people’s organization, non-
government organization, or any public interest group accredited by or registered with any government
agency “on behalf of persons whose constitutional right to a balanced and healthful ecology is
violated…involving environmental damage of such magnitude as to prejudice life, health, or property of
inhabitants in two or more cities or provinces.” Those who may file for this remedy must represent the
inhabitants prejudiced by the environmental damage subject of the writ. The requirement of
accreditation of a group or organization is for the purpose of verifying its existence. The accreditation is
a mechanism to prevent “fly by night” groups from abusing the writ.
(4) Acts covered by the writ. The WOK is a special remedy available against an unlawful act or
omission of a public official or employee, or private individual or entity, involving environmental damage time, place and manner of making the inspection or production and may prescribe other conditions to
of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or protect the constitutional rights of all parties.
provinces.
(5) Where to file. To the SC or CA.
Writ of Continuing Mandamus (Rule 8)
(6) Exemption from payment of docket fees. The exemption from payment of docket fees is
consistent with the character of the reliefs available under the writ, which excludes damages for
personal injuries. This exemption also encourages public participation in availing of the remedy. (1) Petition. When any agency or instrumentality of the government or officer thereof unlawfully
Prohibited pleadings and motions (Sec. 9, Rule 7) neglects the performance of an act which the law specifically enjoins as a duty resulting from an office,
trust or station in connection with the enforcement or violation of an environmental law rule or regulation
or a right therein, or unlawfully excludes another from the use or enjoyment of such right and there is no
other plain, speedy and adequate remedy in the ordinary course of law, the person aggrieved thereby
(1) The following pleadings and motions are prohibited: may file a verified petition in the proper court, alleging the facts with certainty, attaching thereto
(a) Motion to dismiss; supporting evidence, specifying that the petition concerns an environmental law, rule or regulation, and
praying that judgment be rendered commanding the respondent to do an act or series of acts until the
(b) Motion for extension of time to file return; judgment is fully satisfied, and to pay damages sustained by the petitioner by reason of the malicious
(c) Motion for postponement; neglect to perform the duties of the respondent, under the law, rules or regulations. The petition shall
also contain a sworn certification of non-forum shopping.
(d) Motion for a bill of particulars;
(2) Where to file the petition. The petition shall be filed with the Regional Trial Court exercising
(e) Counterclaim or cross-claim; jurisdiction over the territory where the actionable neglect or omission occurred or with the Court of
Appeals or the Supreme Court.
(f) Third-party complaint;
(3) No docket fees. The petitioner shall be exempt from the payment of docket fees.
(g) Reply; and
(4) Order to comment. If the petition is sufficient in form and substance, the court shall issue the writ
(h) Motion to declare respondent in default.
and require the respondent to comment on the petition within ten (10) days from receipt of a copy
thereof. Such order shall be served on the respondents in such manner as the court may direct,
together with a copy of the petition and any annexes thereto.
Discovery measures (Sec. 12, Rule 7)
(5) Expediting proceedings; TEPO. The court in which the petition is filed may issue such orders to
expedite the proceedings, and it may also grant a TEPO for the preservation of the rights of the parties
(1) A party may file a verified motion for the following reliefs: pending such proceedings.

(a) Ocular Inspection; order. The motion must show that an ocular inspection order is necessary to
establish the magnitude of the violation or the threat as to prejudice the life, health or property of
inhabitants in two or more cities or provinces. It shall state in detail the place or places to be inspected.
It shall be supported by affidavits of witnesses having personal knowledge of the violation or threatened
violation of environmental law.
After hearing, the court may order any person in possession or control of a designated land or other
property to permit entry for the purpose of inspecting or photographing the property or any relevant
object or operation thereon. The order shall specify the person or persons authorized to make the
inspection and the date, time, place and manner of making the inspection and may prescribe other
conditions to protect the constitutional rights of all parties.
(b) Production or inspection of documents or things; order. The motion must show that a production
order is necessary to establish the magnitude of the violation or the threat as to prejudice the life, health
or property of inhabitants in two or more cities or provinces.
After hearing, the court may order any person in possession, custody or control of any designated
documents, papers, books, accounts, letters, photographs, objects or tangible things, or objects in
digitized or electronic form, which constitute or contain evidence relevant to the petition or the return, to
produce and permit their inspection, copying or photographing by or on behalf of the movant. The
production order shall specify the person or persons authorized to make the production and the date,
(6) Proceedings after comment is filed. After the comment is filed or the time for the filing thereof has
expired, the court may hear the case which shall be summary in nature or require the parties to submit
memoranda. The petition shall be resolved without delay within sixty (60) days from the date of the
submission of the petition for resolution.
(7) Judgment. If warranted, the court shall grant the privilege of the writ of continuing mandamus
requiring respondent to perform an act or series of acts until the judgment is fully satisfied and to grant
such other reliefs as may be warranted resulting from the wrongful or illegal acts of the respondent. The
court shall require the respondent to submit periodic reports detailing the progress and execution of the
judgment, and the court may, by itself or through a commissioner or the appropriate government
agency, evaluate and monitor compliance. The petitioner may submit its comments or observations on
the execution of the judgment.
(8) Return of the writ. The periodic reports submitted by the respondent detailing compliance with the
judgment shall be contained in partial returns of the writ. Upon full satisfaction of the judgment, a final
return of the writ shall be made to the court by the respondent. If the court finds that the judgment has
been fully implemented, the satisfaction of judgment shall be entered in the court docket.
(9) Procedurally, its filing before the courts is similar to the filing of an ordinary writ of mandamus.
However, the issuance of a TEPO is made available as an auxillary remedy prior to the issuance of the
writ itself. As a special civil action, the WoCMa may be availed of to compel the performance of an act
specifically enjoined by law. It permits the court to retain jurisdiction after judgment in order to ensure
the successful implementation of the reliefs mandated under the court’s decision. For this purpose, the
court may compel the submission of compliance reports from the respondent government agencies as
well as avail of other means to monitor compliance with its decision. Its availability as a special civil
action likewise complements its role as a final relief in environmental civil cases and in the WOK, where
continuing mandamus may likewise be issued should the facts merit such relief.
Writ of Continuing Mandamus vs. Writ of Kalikasan
(1) Subject matter. WoCMa is directed against the unlawful neglect in the performance of an act
which the law specifically enjoins as a duty resulting from an office, trust or station in connection with
the enforcement or violation of an environmental law rule or regulation or a right therein; or (a) the
unlawful exclusion of another from the use or enjoyment of such right and in both instances, there is no
other plain, speedy and adequate remedy in the ordinary course of law. A writ of kalikasan is available
against unlawful act or omission of a public official or employee, or private individual or entity, involving
environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in
two or more cities or provinces. In addition, magnitude of environmental damage is a condition sine qua
non in a petition for the issuance of a writ of kalikasan and must be contained in the verified petition.
(2) Who may file. A writ of continuing mandamus is available to a broad range of persons such as
natural or juridical person, entity authorized by law, people’s organization, NGO, or any public interest
group accredited by or registered with any government agency, on behalf of persons whose right to a
balanced and healthful ecology is violated or threatened to be violated.
(3) Respondent. The respondent in a petition for continuing mandamus is only the government or its
officers, unlike in a petition for writ of kalikasan, where the respondent may be a private individual or
entity.
(4) Exemption from docket fees. The application for either petition is exempted from the payment of
docket fees.
(5) Venue. A petition for the issuance of a writ of continuing mandamus may be filed in the following:
(a) the RTC exercising jurisdiction over the territory where the actionable neglect or omission occurred;
(b) the CA; or (c) the SC. Given the magnitude of the damage, the application for the issuance of a writ
of kalikasan can only be filed with the SC or any station of the CA.
(6) Discovery measures. The Rule on the WCM does not contain any provision for discovery
measures, unlike the Rule on WOK which incorporates the procedural environmental right of access to
information through the use of discovery measures such as ocular inspection order and production
order.
(7) Damages for personal injury. The WCM allows damages for the malicious neglect of the
performance of the legal duty of the respondent, identical Rule 65. In contrast, no damages may be
awarded in a petition for the issuance of a WOK consistent with the public interest character of the
petition. A party who avails of this petition but who also wishes to be indemnified for injuries suffered
may file another suit for the recovery of damages since the Rule on WOK allows for the institution of
separate actions.
4 Criminal Procedure
Who May File (Sec. 1, Rule 9)
(1) Any offended party, peace officer or any public officer charged with the enforcement of an
environmental law may file a complaint before the proper officer in accordance with the Rules of Court
(Sec. 1, Rule 9).
Institution of Criminal and Civil Action (Sec. 1, Rule 10)
(1) When a criminal action is instituted, the civil action for the recovery of civil liability arising from the
offense charged, shall be deemed instituted with the criminal action unless the complainant waives the
civil action, reserves the right to institute it separately or institutes the civil action prior to the criminal
action. Unless the civil action has been instituted prior to the criminal action, the reservation of the right
to institute separately the civil action shall be made during arraignment. In case civil liability is imposed
or damages are awarded, the filing and other legal fees shall be imposed on said award in accordance
with Rule 141 of the Rules of Court, and the fees shall constitute a first lien on the judgment award. The
damages awarded in cases where there is no private offended party, less the filing fees, shall accrue to
the funds of the agency charged with the implementation of the environmental law violated. The award
shall be used for the restoration and rehabilitation of the environment adversely affected.
Arrest without Warrant; When Valid (Sec. 1, Rule 11)
(1) A peace officer or an individual deputized by the proper government agency may, without a
warrant, arrest a person:
(a) When, in his presence, the person to be arrested has committed, is actually committing or is
attempting to commit an offense; or
(b) When an offense has just been committed, and he has probable cause to believe based on
personal knowledge of facts or circumstances that the person to be arrested has committed
it. Individuals deputized by the proper government agency who are enforcing environmental laws shall
enjoy the presumption of regularity under Section 3(m), Rule 131 of the Rules of Court when effecting
arrests for violations of environmental laws.
(2) Warrant of arrest. All warrants of arrest issued by the court shall be accompanied by a certified
true copy of the information filed with the issuing court.
Procedure in the Custody and Disposition of Seized Items (Sec. 2, Rule 12)
(1) In the absence of applicable laws or rules promulgated by the concerned government agency, the
following procedure shall be observed:
(a) The apprehending officer having initial custody and control of the seized items, equipment,
paraphernalia, conveyances and instruments shall physically inventory and whenever practicable,
photograph the same in the presence of the person from whom such items were seized.
(b) Thereafter, the apprehending officer shall submit to the issuing court the return of the search
warrant within five (5) days from date of seizure or in case of warrantless arrest, submit within five (5)
days from date of seizure, the inventory report, compliance report, photographs, representative samples
and other pertinent documents to the public prosecutor for appropriate action.
(c) Upon motion by any interested party, the court may direct the auction sale of seized items,
equipment, paraphernalia, tools or instruments of the crime. The court shall, after hearing, fix the
minimum bid price based on the recommendation of the concerned government agency. The sheriff
shall conduct the auction.
(d) The auction sale shall be with notice to the accused, the person from whom the items were
seized, or the owner thereof and the concerned government agency.
(e) The notice of auction shall be posted in three conspicuous places in the city or municipality where
the items, equipment, paraphernalia, tools or instruments of the crime were seized.
(f) The proceeds shall be held in trust and deposited with the government depository bank for
disposition according to the judgment.
(2) The foregoing provisions concern two aspects of seizure. The first aspect concerns the chain of
custody of the seized items, equipment, paraphernalia, conveyances, and instruments. Subparagraphs
(a) and (b) are meant to assure the integrity of the evidence after seizure, for later presentation at the
trial. The second aspect deals with the disposition of the seized materials. This addresses the concern
of deterioration of the materials, most of which are perishable, while in custodia legis. The provision
contains procedural safeguards to assure the preservation of the value of the seized materials, should
the case eventually be decided in favor of their owner or possessor. Subparagraph (b) makes the
provision cover both seizures with warrant and warrantless seizures. The motion to direct the auction
sale under subpara (c) may be filed by “any interested party” to obviate any oppressive use of seizure to
the prejudice of any party.
Bail (Rule 14)
(1) Bail, where filed. Bail in the amount fixed may be filed with the court where the case is pending, or
in the absence or unavailability of the judge thereof, with any regional trial judge, metropolitan trial
judge, municipal trial judge or municipal circuit trial judge in the province, city or municipality. If the
accused is arrested in a province, city or municipality other than where the case is pending, bail may
also be filed with any Regional Trial Court of said place, or if no judge thereof is available, with any
metropolitan trial judge, municipal trial judge or municipal circuit trial judge therein. If the court grants
bail, the court may issue a hold-departure order in appropriate cases.
(2) Duties of the court. Before granting the application for bail, the judge must read the information in
a language known to and understood by the accused and require the accused to sign a written
undertaking, as follows:
(a) To appear before the court that issued the warrant of arrest for arraignment purposes on the date
scheduled, and if the accused fails to appear without justification on the date of arraignment, accused
waives the reading of the information and authorizes the court to enter a plea of not guilty on behalf of
the accused and to set the case for trial;
(b) To appear whenever required by the court where the case is pending; and
(c) To waive the right of the accused to be present at the trial, and upon failure of the accused to
appear without justification and despite due notice, the trial may proceed in absentia.
(3) A key innovation in this section is the execution of an undertaking by the accused and counsel,
empowering the judge to enter a plea of not guilty, in the event the accused fails to appear at the
arraignment. This authorization permits the court to try the case in absentia, within the period provided
under these Rules. This addresses a fundamental concern surrounding the prosecution of criminal
cases in general, where the accused jumps bail and the court unable to proceed with the disposition of
the case in view of the absence of the accused and the failure to arraign the latter.
Arraignment and Plea (Rule 15)
(1) Arraignment. The court shall set the arraignment of the accused within fifteen (15) days from the
time it acquires jurisdiction over the accused, with notice to the public prosecutor and offended party or
concerned government agency that it will entertain plea-bargaining on the date of the arraignment.
(2) Plea-bargaining. On the scheduled date of arraignment, the court shall consider plea-bargaining
arrangements. Where the prosecution and offended party or concerned government agency agree to
the plea offered by the accused, the court shall:
(a) Issue an order which contains the plea-bargaining arrived at;
(b) Proceed to receive evidence on the civil aspect of the case, if any; and
(c) Render and promulgate judgment of conviction, including the civil liability for damages.
(3) This provision requires the consent of the prosecutor, the offended party or concerned
government agency in order to successfully arrive at a valid plea-bargaining agreement. Plea-
bargaining is considered at arraignment in order to avoid the situation where an initial plea is changed in
the course of the trial in view of a successful plea bargain.
Pre-trial (Rule 16)
(1) Setting of pre-trial conference. After the arraignment, the court shall set the pre-trial conference
within thirty (30) days. It may refer the case to the branch clerk of court, if warranted, for a preliminary
conference to be set at least three (3) days prior to the pre-trial.
(2) Preliminary conference.—The preliminary conference shall be for the following purposes:
(a) To assist the parties in reaching a settlement of the civil aspect of the case;
(b) To mark the documents to be presented as exhibits;
(c) To attach copies thereof to the records after comparison with the originals;
(d) To ascertain from the parties the undisputed facts and admissions on the genuineness and due
execution of documents marked as exhibits;
(e) To consider such other matters as may aid in the prompt disposition of the case;
(f) To record the proceedings during the preliminary conference in the Minutes of Preliminary
Conference to be signed by the parties and counsel;
(g) To mark the affidavits of witnesses which shall be in question and answer form and shall
constitute the direct examination of the witnesses; and
(h) To attach the Minutes and marked exhibits to the case record before the pre-trial proper.
The parties or their counsel must submit to the branch clerk of court the names, addresses and contact
numbers of the affiants.
(3) Pre-trial duty of the judge. During the pre-trial, the court shall:
(a) Place the parties and their counsels under oath;
(b) Adopt the minutes of the preliminary conference as part of the pre-trial proceedings, confirm
markings of exhibits or substituted photocopies and admissions on the genuineness and due execution
of documents, and list object and testimonial evidence;
(c) Scrutinize the information and the statements in the affidavits and other documents which form
part of the record of the preliminary investigation together with other documents identified and marked
as exhibits to determine further admissions of facts as to:
1 The court’s territorial jurisdiction relative to the offense(s) charged;
2 Qualification of expert witnesses; and
3 Amount of damages;
(d) Define factual and legal issues;
(e) Ask parties to agree on the specific trial dates and adhere to the flow chart determined by the
court which shall contain the time frames for the different stages of the proceeding up to promulgation of
decision;
(f) Require the parties to submit to the branch clerk of court the names, addresses and contact
numbers of witnesses that need to be summoned by subpoena; and
(g) Consider modification of order of trial if the accused admits the charge but interposes a lawful
defense.
(4) Manner of questioning. All questions or statements must be directed to the court.
(5) Agreements or admissions. All agreements or admissions made or entered during the pre-trial
conference shall be reduced in writing and signed by the accused and counsel; otherwise, they cannot
be used against the accused. The agreements covering the matters referred to in Section 1, Rule 118 of
the Rules of Court shall be approved by the court.
(6) Record of proceedings. All proceedings during the pre-trial shall be recorded, the transcripts
prepared and the minutes signed by the parties or their counsels.
(7) Pre-trial order. The court shall issue a pre-trial order within ten (10) days after the termination of
the pre-trial, setting forth the actions taken during the pre-trial conference, the facts stipulated, the
admissions made, evidence marked, the number of witnesses to be presented and the schedule of trial.
The order shall bind the parties and control the course of action during the trial.
Subsidiary Liability (Rule 18)
(1) In case of conviction of the accused and subsidiary liability is allowed by law, the court may, by
motion of the person entitled to recover under judgment, enforce such subsidiary liability against a
person or corporation subsidiarily liable under Article 102 and Article 103 of the Revised Penal Code.
SLAPP in Criminal Cases (Rule 19)
(1) Motion to dismiss. Upon the filing of an information in court and before arraignment, the accused
may file a motion to dismiss on the ground that the criminal action is a SLAPP.
(2) Summary hearing The hearing on the defense of a SLAPP shall be summary in nature. The
parties must submit all the available evidence in support of their respective positions. The party seeking
the dismissal of the case must prove by substantial evidence that his acts for the enforcement of
environmental law are a legitimate action for the protection, preservation and rehabilitation of the
environment. The party filing the action assailed as a SLAPP shall prove by preponderance of evidence
that the action is not a SLAPP.
(3) Resolution. The court shall grant the motion if the accused establishes in the summary hearing
that the criminal case has been filed with intent to harass, vex, exert undue pressure or stifle any legal
recourse that any person, institution or the government has taken or may take in the enforcement of
environmental laws, protection of the environment or assertion of environmental rights. If the court
denies the motion, the court shall immediately proceed with the arraignment of the accused.
5 Evidence
Precautionary Principle (Rule 20)
(1) Definition. Precautionary principle states that when human activities may lead to threats of serious
and irreversible damage to the environment that is scientifically plausible but uncertain, actions shall be
taken to avoid or diminish that threat (Sec. 4[f], Rule 1, Part 1).
(2) The adoption of the precautionary principle as part of these Rules, specifically relating to
evidence, recognizes that exceptional cases may require its application. the inclusion of a definition of
this principle is an integral part of Part V, Rule on Evidence in environmental cases in order to ease the
burden of the part of ordinary plaintiffs to prove their cause of action. In its essence, precautionary
principle calls for the exercise of caution in the face of risk and uncertainty. While the principle can be
applied in any setting in which risk and uncertainty are found, it has evolved predominantly in and today
remains most closely associated with the environmental arena.
(3) Applicability. When there is a lack of full scientific certainty in establishing a casual link between
human activity and environmental effect, the court shall apply the precautionary principle in resolving
the case before it. The constitutional right of the people to a balanced and healthful ecology shall be
given the benefit of the doubt (Sec. 1, Rule 20, Part V).
(4) The precautionary principle bridges the gap in cases where scientific certainty in factual findings
cannot be achieved. By applying this principle, the court may construe a set of facts as warranting either
judicial action or inaction, with the goal of preserving and protecting the environment. This may be
further evinced from the second paragraph of Sec. 1, Rule 20, where bias is created in favor of
constitutional right of the people to a balanced and healthful ecology. In effect, this principle shifts the
burden of evidence of harm away from those likely to suffer harm and onto those desiring to change the
status quo. This principle should be treated as a principle of last resort, where application of the regular
Rules of Evidence would cause in an inequitable result for the environmental plaintiff:
(a) Settings in which the risks of harm are uncertain;
(b) Settings in which harm might be irreversible and what is lost is irreplaceable; and
(c) Settings in which the harm that might result would be serious.
(5) When these features—uncertainty, the possibility of irreversible harm, and the possibility of
serious harm—coincide, the case for the precautionary principle is strongest. When in doubt, cases
must be resolved in favor of the constitutional right to a balanced and healthful ecology. Parenthetically,
judicial adjudication is one of the strongest for a in which the precautionary principle may find
applicability.
(6) Standards for application. In applying the precautionary principle, the following factors, among
others, may be considered: (a) threats to human life or health; (b) inequity to present or future
generations; or (c) prejudice to the environment without legal consideration of the environmental rights
of those affected (Sec. 2, Rule 20).

Documentary Evidence (Rule 21)

(1) Photographic, video and similar evidence of events, acts, transaction of wildlife, wildlife by-
products or derivatives, forest products or mineral resources subject of a case shall be admissible when
authenticated by the person who took the same, by some other person present when said evidence was
taken, or by any other person competent to testify on the accuracy thereof (Sec. 1).
(2) Entries in official records made in the performance of his duty by a public officer of the Philippines,
or by a person in performance of a duty especially enjoined by law, are prima facie evidence of the facts
therein stated (Sec. 2).
(3) These provisions seek to address specific evidentiary concerns in environmental litigation, where
evidence is often difficult to obtain and preserve. They supplement the main Rules on Evidence, which
shall have full applicability to environmental cases.
 What is People’s Small-Scale Mining Act?
§ People’s Small-Scale Mining Act of 1991 enshrines the rights of small
scale miners, and authorized Mining Regulatory Board directly under DENR
Secretary’s control and supervision to declare and set aside people's small-
scale mining areas in sites onshore suitable for small-scale mining,
immediately giving priority to areas already occupied and actively mined by
small- scale miners before August 1, 1987;
§ Exceptions
§ Small-scale miners have easement rights to mining and logging roads, private
roads, port and communication facilities, processing plant which are necessary for the effective
implementation of the People's Small-scale Mining Program, subject to payment of reasonable
fees to the operator, claim owner, landowner or lessor of the property.
§ In no case shall a small-scale mining contract be subcontracted, assigned or
otherwise transferred.
§ A contract shall have a term of two (2) years, renewable subject to verification by
the Board for like periods as long as the contractor complies with the provisions of the act.

such areas are not considered as active mining areas;
the minerals found therein are technically and commercially suitable for small-scale
mining activities:
the areas are not covered by existing forest rights or reservations and have not been
declared as tourist or marine reserves, parks and wildlife reservations, unless their
status as such is withdrawn by competent authority,
§ Suitable areas for small- scale mining:
Areas already occupied and actively mined by small-scale miners before August 1,
1987Public lands not subject to any existing right,
Public lands not subject to any existing rights
Public lands covered by existing mining rights which are not active mining areas, and
§ The small-scale mining contractor shall be the owner of all mill tailings produced
from the contract area. He may sell the tailings or have them processed in any custom mill in
the area
§ All golds shall be sold to the Central Bank, or its duly authorized representatives,
which shall buy it at prices competitive with those prevailing in the world market regardless of
volume or weight
§ Royalty of private land owner shall not exceed 1% of the gross value of minerals
Definition of Terms: Small-scale mining refers to mining activities which rely heavily on manual
labor using simple implements and methods and do not use explosives or heavy mining
equipment. Small-scale miner refers to Filipino citizens who, individually or in the company of
other Filipino citizens voluntarily form a cooperative duly licensed by the Department of
Environment and Natural Resources to engage, under the terms and conditions of a contract, in
the extraction or removal of minerals or ore-bearing materials from the ground

Private lands, except those with substantial improvements or used as a yard,

stockyard, garden, plant nursery, plantation, cemetery or burial site; or land situated
within one hundred meters (100 m.) from such cemetery or burial site, water reservoir
or a separate parcel of land with an area often thousand square meters (10,000sq.m.)
or less.

Ancestral lands with prior consent of the cultural communities

Areas occupied by a community of traditional small-scale miners, subject to approval of

the said community

§ No ancestral land may be declared as a people's small-scale mining area without

the prior consent of the cultural communities concerned: Provided that, if ancestral lands are
declared as people's small-scale mining areas, the members of the cultural communities therein
shall be given priority in the awarding of small-scale mining contracts; provided further that
royalties shall be paid to them by the parties to the mining contract.
 RA 8550: PHILIPPINE FISHERIES CODE § ANY PERSON FOUND IN AREA WITHOUT PERMIT OR REGISTRATION
FOR A FISHING VESSEL SHALL BE PRESSUMED ENGAGED IN
UNAUTHORIZED FISHING.”
Philippine water § THERE IS AN AUTOMATIC CANCELLATION OF FISHPOND LEASE
1. All waters within the Philippine Territory AGREEMENT IF THE HOLDER ACQUIRES CITIZENSHIP IN OTHER
2. Waters around, between an connecting the islands of the COUNTRY.
archipelago, regardless of its breadth and dimension
3. The territorial sea, the seabed, the subsoil, the insular shelves and all other § THE ENTRY OF FOREIGN FISHING VESSEL IN THE PHILIPPINE
waters over which the Philippines has WATERS SHALL CONSTITUTE A PRIMA FACIE EVIDENCE OF
sovereignty or jurisdiction UNAUTHORIZED FISHING (Penalty: fine, confiscation of catch, fishing
4. 200n.m. EEZ and the continental shelf. equipment and fishing vessel)
Differentiate marginal v. subsistence fishermen:
§ Marginal fishermen – an individual engaged in fishing whose margin or return § SEARCH AND SEIZURE OF FISHING VESSEL WHICH VIOLATED THE
is barely sufficient to yield a profit. FISHERIES LAW IS AN EXCEPTION TO BILL OF RIGHTS – SEARCH
§ Subsistence fishermen – catch yields but irreducible minimum for his WITHOUT WARRANT.
livelihood.
National Mapping & Resource Information Authority (NAMRIA) – repository of Section 2, Article XII of 1987 Constitution:
all maps in the Philippines.
Obligations of the coastal state “The state shall protect the nation’s marine wealth and its archipelagic water,
1. Ensure measures that the living resources are not subject to over- territorial sea, and exclusive economic zone, and reserve its use and enjoyment
exploitation exclusive for Filipino Citizen.”
2. Promote optimum utilization of living resources
In other words, Filipino subsistence or marginal fishermen shall have
2 kinds of fishing:
“preferential right” over use and exploitation of fishery and aquatic resources.
1. Municipal fishing – 3 gross tons or less
2. Commercial fishing However, in Tano v. Socrates, the “preferential right” of the
a. Small scale (3.1 to 20 GT) subsistence/marginal fishermen is NOT ABSOLUTE, since in accordance with
b. Medium scale (20.1 to 150 GT) the Regalian Doctrine, EDU of natural resources shall be under full control and
c. Large scale (more than 150 GT) supervision of the state.
Limit of fishponds:
1. 50 hectares – individual Section 2, Article XII aims primarily NOT TO BESTOW any right to subsistence
2. 250 hectares – corporation fishermen but to lay stress on duty of the state to protect the nation’s wealth.

PROHIIBTED ACTS: Application of RA 8550:

§ NO PERSON SHALL OPERATE A COMMERCIAL FISHING VESSEL, OR The law shall be enforced in:
ENGAGE IN FISHERY ACTIVITY WITHOUT FIRST SECURING A LICENSE a. all Philippine waters including other waters which the
FROM DEPARTMENT OF AGRICULTURE. Philippine has sovereignty or jurisdiction;
b. all aquatic and fisheries resources
 c. all lands devoted to aquaculture
Maritime Zones according to United Nations Convention on Law of the
Seas (UNCLOS)
1. Internal waters – all waters landward from baseline of the territory. According
to the constitution, “the waters around, between and connecting the
archipelago. (Archipelagic waters)”
2. Territorial Sea – a belt of sea outwards from baseline up to 12n.m, in which
the coastal state exerciser sovereignty.
3. Contiguous Zone – Water not exceeding 24n.m. from baseline; exercises
authority for customs, fiscal, immigration or sanitation authority.
4. Exclusive Economic Zone (EEZ) – Not more than 200n.m from baseline. The
coastal state has rights & obligations relative to the exploitation, management
and preservation over the economic resources found within the zone.
Baseline - low-water line along the coast as officially recognized by the coastal
State.
Straight baseline – drawn connecting selected points on coast without
appreciable departure from general shape of the coast.
High seas – beyond territorial seas and not subject to the sovereign of the
coastal state.
Continental Shelf – seabed/subsoil of submarine areas adjacent to the coastal
state but outside territorial sea up to depth of 200meters or beyond.
Municipal waters – bodies of water within the municipality which is not included
within the protected areas, 15km from coastline.
§ Jurisdictionofmunicipal/citygovernment § Undergeneralwelfareclause
Catch ceiling – limitations or quota on total quantity of fish captured for a
specific period of time and specified area based on available evidence.
LLDA v. CA
§ RA4850(1966)providesthatLagunaLakeDevelopment Authority (LLDA) has
exclusive jurisdiction to issue permits for enjoyment of fishery and privilege in
Laguna de Bay; On the other hand, RA 7160 (1991) calls for the exclusive
authority of municipality regarding issuance of permits.
§ To harmonize, SC held that RA 7160 does not repeal the provision of RA
4850. The charter of LLDA constitutes a special law, while RA 7160 is a
general law which cannot be construed to have repealed a special law. Power
of LLDA embodied a valid exercise of police power, while LGU’s power is
clearly granted for revenue purpose.
Hizon v. Court of Appeals
§ There is a presumption of guilt on the discovery of substances and
contaminated fish in the possession of fishermen in the fishing boat.
§ However, since it is only a prima facie evidence, the accused is not precluded
from resenting his evidence to rebut the main fact presumed.
Araneta v. Gatmaitan
§ If the Secretary has authority to regulate or ban fishing, then, the president
may exercise the same power under: (i) Section 17, Article VII of 1987
constitution; and (ii) Supervision and control of President over his executive
department under administrative code
 (b) Municipal
(c) Irrigation
WATER CODE
(d) Power generation
CHAPTER II
OWNERSHIP OF WATERS (e) Fisheries

Article 5. The following belong to the State: (f) Livestock raising

(a) Rivers and their natural beds; (g) Industrial

(b) Continuous or intermittent waters of springs and brooks running in their natural beds and the beds (h) Recreational, and
themselves; (i) Other purposes
(c) Natural lakes and lagoons; Use of water for domestic purposes is the utilization of water for drinking, washing, bathing, cooking or
(d) All other categories of surface waters such as water flowing over lands, water from rainfall whether other household needs, home gardens, and watering of lawns or domestic animals.
natural, or artificial, and water from agriculture runoff, seepage and drainage; Use of water for municipal purposes is the utilization of water for supplying the water requirements of
(e) Atmospheric water; the community.

(f) Subterranean or ground waters; and, Use of water for irrigation is the utilization of water for producing agricultural crops.

(g) Seawater.
Article 6. The following waters found on private lands belong to the State:
(a) Continuous or intermittent waters rising on such lands;
(b) Lakes and lagoons naturally occuring 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 Council. The
Council, however, may regulate such when there is wastage, or in times of emergency.
Article 7. Subject to the provisions of this Code, 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.
CHAPTER III
APPROPRIATION OF WATERS
Article 9. Waters may be appropriated and used in accordance with the provisions of this Code.
Appropriation of water, as used in this Code, 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
Use of water for power generation is the utilization of water for producing electrical or mechanical
power.
Use of water for fisheries is the utilization of water for the propagation and culture of fish as a
commercial enterprise.
Use of water for livestock raising is the utilization of water for large herds or flocks of animals raised as
a commercial enterprise.
Use of water for industrial purposes is the utilization of water in factories, industrial plants and mines,
including the use of water as an ingredient of a finished product.
Use of water for recreational purposes is the utilization of water for swimming pools, bath houses,
boating, water skiing, golf courses and other similar facilities in resorts and other places of recreation.
Article 11. The State, for reasons of public policy, may declare waters not previously appropriated, in
whole or in part, exempt from appropriation for any or all purposes and, thereupon, such waters may not
be appropriated for those purposes.
Article 12. Waters appropriated for a particular purpose may be applied for another purpose only upon
prior approval of the Council and on condition that the new use does not unduly prejudice the rights of
other permittees, or require an increase in the volume of water.
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.
Water right is the privilege granted by the government to appropriate and use water.
Article 14. Subject to the provisions of this Code concerning the control, protection, conservation, and
regulation of the appropriation and use of waters, any person may appropriate or use natural bodies of
water without securing a water permit for any of the following:
(a) Appropriation of water by means of handcarried 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.
Article 15. Only citizens of the Philippines, of legal age, as well as juridical persons, who are duly
qualified by law to exploit and develop water resources, may apply for water permits.
Article 16. Any person who desires to obtain a water permit shall file an application with the Council
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.
Article 17. 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.
Article 18. All water permits granted shall be subject to conditions of beneficial use, adequate
standards of design and construction, and such other terms and conditions as may be imposed by the
Council.
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.
Article 19. Water rights may be leaded or transferred in whole or in part to another person with prior
approval of the Council, after due notice and hearing.
Article 20. 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.
Article 21. 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.
Excepting 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, the 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.
Article 23. Priorities may be altered on grounds of greater beneficial use, multi-purpose use, and other
similar grounds after due notice and hearing, subject to payment of compensation is proper cases.
Article 24. A water right shall be exercised in such a manner that the rights of third persons or of other
appropriators are not prejudiced thereby.
Article 25. A holder of water permit may demand the establishment of easements necessary for the
construction and maintenance of the works and facilities needed for the beneficial use of the waters to
be appropriated subject to the requirements of just compensation and to the following conditions:
(a) That he is the owner, lessee, mortgagee or one having real right over the land upon which he
proposes to use water; and
(b) That the proposed easement is the most convenient and the least onerous to the servient estate.
Easements relating to the appropriation and use of waters may be modified by agreement of the
contracting parties provided the same is not contrary to law or prejudicial to third persons.
Article 26. Where water shortage is recurrent, the use of the water pursuant to a permit may, in the
interest of equitable distribution of the benefits among legal appropriators, reduce after due notice and
hearing.
Article 27. Water users shall bear the diminution of any water supply due to natural causes or force
majeure.
Article 28. Water permits shall continue to be valid as long as water is beneficially used; however, it
maybe suspended on the grounds of non-compliance with approved plans and specifications or
schedules of water distribution; use of water for a purpose other than that for which it was granted; non-
payment of water charges; wastage; failure to keep records of water diversion, when required; and
violation of any term or condition of any permit or rules and regulations promulgated by the Council.
Temporary permits may be issued for the appropriation and use of water for short periods under special
circumstances.
Article 29. Water permits may be revoked after due notice and hearing on grounds of non-use; gross
violation of the conditions imposed in the permit; unauthorized sale of water; willful failure or refusal to
comply with rules and regulations of any lawful order; pollution, public nuisance or acts detrimental to
public health and safety; when the appropriator is found to be disqualified under the law to exploit and
develop natural resources of the Philippines; when, in the case, of irrigation, the land is converted to
non-agricultural purposes; and other similar grounds.
Article 30. All water permits are subject to modification or cancellation by the council, after due notice
and hearing, in favor of a project of greater beneficial use or for multi-purpose development, and a water
permittee who suffers thereby shall be duly compensated by the entity or person in whose favor the
cancellation was made.
CHAPTER IV
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.
For this purpose the Council shall promulgate rules and regulations and declare the existence of control
areas for the coordinated development, protection, and utilization of subterranean or ground water and
surface waters.
Control area is an area of land where subterranean or ground water and surface water are so
interrelated that withdrawal and use in one similarly affects the other. The boundary of a control area
may be altered from time to time, as circumstances warrant.
Article 33. Water contained in open canals, aqueducts or reservoirs of private persons may be used by
any person for domestic purpose or for watering plants as long as the water is withdrawn by manual
methods without checking the stream or damaging the canal, aqueduct or reservoir; Provided, That this
right may be restricted by the owner should it result in loss or injury to him.
Article 34. A water permittee or appropriator may use any watercourse to convey water to another point
in the watercourse for the purpose stated in a permit and such water may be diverted or recaptured at
that point by said permittee in the same amount less allowance for normal losses in transit.
Article 35. Works for the storage, diversion, distribution and utilization of water resources shall contain
adequate provision for the prevention and control of diseases that may be induced or spread by such
works when required by the Council.
Article 36. When the reuse of waste water is feasible, it shall be limited as much as possible, to such
uses other than direct human consumption. No person or agency shall distribute such water for public
consumption until it is demonstrated that such consumption will not adversely affect the health and
safety of the public.
Article 37. In the construction and operation of hydraulic works, due consideration shall be given to the
preservation of scenic places and historical relics and, in addition to the provisions of existing laws, no
works that would required the destruction or removal of such places or relics shall be undertaken
without showing that the distribution or removal is necessary and unaviodable.
Article 38. Authority for the construction of dams, bridges and other structures across of which may
interfere with the flow of navigable or flotable waterways shall first be secured from the Department of
Public Works, Transportation and Communications.
Article 39. Except in cases of emergency to save life or property, the construction or repair of the
following works shall be undertaken only after the plans and specifications therefor, as may be required
by the Council, are approved by the proper government agency; dams for the diversion or storage of
water; structures for the use of water power, installations for the utilization of subterranean or ground
water and other structures for utilization of water resources.
Article 40. 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.
Article 41. No person shall develop a stream, lake, or spring for recreational purposes without first
securing a permit from the Council.
Article 42. Unless-otherwise ordered by the President of the Philippines 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 emergency.
Article 43. No person shall raise or lower the water level of a river stream, lake, lagoon, or marsh nor
drain the same without a permit.
Article 44. 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.
Article 45. When a drainage channel is constructed by a number of persons for their common benefit,
the cost of construction and maintenance of the channel shall be borne by each in proportion to the
benefits drived.
Article 46. When artificial means are employed to drain water from higher to lower land, the owner of
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.
Article 47. When the use, conveyance or storage of waters results in damage to another, the person
responsible for the damage shall pay compensation.
Article 48. When a water resources project interferes with the access of landowner to a portion of his
property or with the conveyance of irrigation or drainage water, the person or agency constructing the
project shall bear the cost of construction and maintenance of the bridges, flumes and other structures
necessary for maintaining access, irrigation, or drainage, in addition to paying compensation for land
and incidental damages.
Article 49. Any person having an easement for an aqueduct may enter upon the servient land for the
purpose of cleaning, repairing or replacing the aqueduct or the removal of obstructions therefrom.
Article 50. Lower estates are obliged to receive the waters which naturally and without the intervention
of man flow from the higher estate, as well as the stone or earth which they carry with them.
The owner of the lower estate can not construct works which will impede this natural flow, unless he
provides an alternative method of drainage; neither can the owner of the higher estate make works
which will increase this natural flow.
Article 51. 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.
Article 52. The establishment, extent, form, and conditions of easements of water not expressly
determined by the provisions of this Code shall be governed by the provisions of the Civil Code.
CHAPTER V
CONTROL OF WATERS
Article 53. To promote the best interest and the coordinated protection of flood plain lands, the
Secretary of Public Works, Transportation and Communications may declare flood control areas and
promulgate guidelines for governing flood plain management plans in these areas.
Article 54. In declared flood control areas, rules and regulations may be promulgated to prohibit or
control activities that may damage or cause deterioration or lakes and dikes, obstruct the flow of water,
change the natural flow of the river, increase flood losses or aggravate flood problems.
Article 55. The government may construct necessary flood control structures in declared flood control
areas, and for this purpose it shall have a legal easement as wide as may be needed along and
adjacent to the river bank and outside of the bed or channel of the river.
Article 56. River beds, sand bars and tidal flats may not be cultivated except upon prior permission
from the Secretary of the Department of Public Works, Transportation and Communication and such
permission shall not be granted where such cultivation obstructs the flow of water or increase flood
levels so as to cause damage to other areas.
Article 57. Any person may erect levees or revetments to protect his property from flood, encroachment
by the river or change in the course of the river, provided that such constructions does not cause
damage to the property of another.
Article 58. When a river or stream suddenly changes its course to traverse private lands, the owners of
the affected lands may not compel the government to restore the river to its former bed; nor can they
restrain the government from taking steps to revert the river or stream to its former course. The owners
of the land thus affected are not entitled to compensation for any damage sustained thereby. However,
the former owners of the new bed shall be the owners of the abandoned bed in proportion to the area
lost by each.
The owners of the affected lands may undertake to return the river or stream to its old bed at their own
expense; Provided, That a permit therefor is secured from the Secretary of Public Works, Transportation
and Communication and work pertaining thereto are commenced within two years from the change in
the course of the river or stream.
Article 59. Rivers, lakes and lagoons may, upon the recommendation of the Philippines Coast Guard,
be declared navigable either in whole or in part.
Article 60. The rafting of logs and other objects on rivers and lakes which are flotable may be controlled
or prohibited during designated season of the year with due regard to the needs of irrigation and
domestic water supply and other uses of water.
Article 61. The impounding of water in ponds or reservoirs may be prohibited by the Council upon
consultation with the Department of Health if it is dangerous to public health, or it may order that such
pond or reservoir be drained if such is necessary for the protection of public health.
Article 62. Waters of a stream may be stored in a reservoir by a permittee in such amount as will not
prejudice the right of any permittee downstream. Whoever operates the reservoir shall, when required,
release water for minimum stream flow.
All reservoir operations shall be subject to rules and regulations issued by the Council or any proper
government agency.
Article 63. The operator of a dam for the storage of water may be required to employ an engineer
possessing qualifications prescribed for the proper operations, maintenance and administration of the
dam.
Article 64. The Council shall approve the manner, location, depth, and spacing in which borings for
subterranean or ground water may be made, determine the requirements for the registration of every
boring or alteration to existing borings as well as other control measures for the exploitation of
subterranean or ground water resources, and in coordination with the Professional Regulation
Commission prescribe the qualifications of those who would drill such borings.
No person shall drill a well without prior permission from the Council.
Article 65. Water from one river basin may be transferred to another river basin only with approval of
the Council. In considering any request for such transfer, the Council shall take into account the full
costs of the transfer, the benefits that would accrue to the basin of origin without the transfer, the
benefits would accrue to the receiving basin on account of the transfer, alternative schemes for
supplying water to the receiving basin, and other relevant factors.
CHAPTER VI
CONSERVATION AND PROTECTION OF WATERS AND WATERSHEDS AND RELATED LAND
RESOURCES
Article 66. After due notice and hearing when warranted by circumstances, minimum stream flows for
rivers and streams, and minimum water levels for lakes may be established by the Council under such
conditions as may be necessary for the protection of the environment, control of pollution, navigation,
prevention of salt damage, and general public use.
Article 67. Any watershed or any area of land adjacent to any surface water or overlying any ground
water may declared by the Department of Natural Resources as protected area Rules and regulations
may be promulgated by such Department 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.
Article 68. 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 under neath the surface without
being beneficially used.
Article 69. It shall be the duty of any person in control of a well containing water with minerals 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 aquifer or porous stratum.
Article 70. No person shall utilize an existing well or pond or spread waters for recharging
substerranean or ground water supplies without prior permission of the Council.
Article 71. To promote better water conservation and usage for irrigation purposes, the merger of
irrigation associations and the appropriation of waters by associations instead of by individuals shall be
encouraged.
No water permit shall be granted to an individual when his water requirement can be supplied through
an irrigation association.
Article 72. 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.
Article 73. 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.
Article 74. 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.
Article 75. 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 may
result in the introduction of sewage, industrial waste, or any pollutant into any source of water supply.
Water pollution is the impairment of the quality of water beyond a certain standard. This standard may
vary according to the use of the water and shall be set by the National Pollution Control Commission.
Article 76. 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 Department of Health.
Article 77. 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.
Article 78. 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.
CHAPTER VII
ADMINISTRATION OF WATERS AND ENFORCEMENT OF THE PROVISIONS OF THIS CODE
Article 79. The Administration and enforcement of the provisions of this Code, including the granting of
permits and the imposition of penalties for administrative violations hereof, are hereby vested in the
Council, and except in regard to those functions which under this Code are specifically conferred upon
other agencies of the government, the Council is hereby empowered to make all decisions and
determinations provided for in this Code.
Article 80. The Council may deputize any official or agency of the government to perform any of its
specific functions or activities.
Article 81. The Council shall provide a continuing program for data collection, research and manpower
development needed for the appropriation, utilization, exploitation, conservation, and protection of the
water resources of the country.
Article 82. In the implementation of the provisions of this code, the Council shall promulgate the
necessary rules and regulations which may provide for penalties consisting of a fine not exceeding One
Thousand Pesos (P1,000.00) and/or suspension or revocation of the water permit or other right to the
use of water. Violations of such rules and regulations may be administratively dealt with by the Council.
Such rules and regulations prescribed by any government agency that pertain to the utilization,
exploitation, development, control, conservation, or protection of water resources shall, if the Council so
requires, be subject to its approval.
Article 83. The Council is hereby authorized to impose and collect reasonable fees or charges for water
resources development from water appropriators, except when it is for purely domestic purposes.
Article 84. The Council and other agencies authorized to enforce this Code are empowered to enter
upon private lands, with previous notice to the owner, for the purpose of conducting surveys and
hydrologic investigations, and to perform such other acts as are necessary in carrying out their functions
including the power to exercise the right of eminent domain.
Article 85. No program or project involving the appropriation, utilization, exploitation, development,
control, conservation, or protection of water resources may be undertaken without prior approval of the
Council, except those which the Council may, in its discretion, exempt.
The Council may require consultation with the public prior to the implementation of certain water
resources development projects.
Article 86. When plans and specifications of a hydraulic structure are submitted for approval, the
government agency whose functions embrace the type of project for 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 inconformity with the requirements of this Code
and the rules and regulations promulgated by the Council. Notwithstanding such approval, neither the
engineer who drew up the plans and specifications of the hydraulic structure, nor the constructor who
built it, shall be relieved of his liability for damages in case of failure thereof by reason of defect in plans
and specifications, or failure due to defect in construction, within ten (10) years from the completion of
the structure.
Any action recover such damages must be brought within five (5) years following such failure.
Article 87. The Council or its duly authorized representatives, 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 duces
tecum.
Non-compliance of violation of such orders or subpoena and subpoena duces tecum shall be punished
in the same manner as indirect contempt of an inferior court upon application by the aggrieved party
with the proper Court of First Instance in accordance with the provisions of Rules 71 of the Rules of the
Court.
Article 88. The Council shall have original jurisdiction over all disputes to relating to appropriation,
utilization, exploitation, development, control, conservation and protection of waters within the meaning
and context of the provisions of this Code.
The decisions of the Council on water rights controversies shall be immediately executory and the
enforcement thereof may be suspended only when a bond, in a amount fixed by the Council to answer
for damages occasioned by the suspension or stay of execution, shall have been filed by the appealing
party, unless the suspension is virtue of an order of a competent court.
All dispute shall be decided within sixty (60) days after the parties submit the same for decision or
resolution.
The Council shall have the power to issue writs of execution and enforce its decisions with the
assistance of local or national police agencies.
Article 89. The decisions of the Council on water rights controversies may be appealed to the Court of
First Instance of the province where the subject matter of the controversy is situated within fifteen (15)
days from the date the party appealing receives a copy of the decision, on any of the following grounds;
(1) grave abuse of discretion; (2) question of law; and (3) questions of fact and law.
CHAPTER VIII
PENAL PROVISIONS
Article 90. The following acts shall be penalized by suspension or revocation of the violator's water
permit or other right to the use of water and/or a fine of not exceeding One Thousand Pesos
(P1,000.00), in the discretion of the Council:
(a)Appropriation of subterranean or ground water for domestic use by an overlying landowner without
registration required by the Council.
(b) Non-observance of any standard of beneficial use of water.
(c) Failure of the appropriator to keep a record of water withdrawal, when required.
(d) Failure to comply with any of the terms or conditions in a water permit or a water rights grant.
(e) Unauthorized use of water for a purpose other than that for which a right or permit was granted.
(f) Construction or repair of any hydraulic work or structure without duly approved plans and
specifications, when required.
(g) Failure to install a regulating and measuring device for the control of the volume of water
appropriated, when required.
(h) Unauthorized sale, lease, or transfer of water and/or water rights.
(i) 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.
(j) Drilling of a well without permission of the Council.
(k) Utilization of an existing well or ponding or spreading of water for recharging subterranean or ground
water supplies without permission of the Council.
(l) Violation of or non-compliance with any order, rules, or regulations of the Council.
(m) Illegal taking or diversion of water in an open canal, aqueduct or reservoir.
(n) Malicious destruction of hydraulic works or structure valued at not exceeding P5,000.00.
Article 91. A. A fine of not exceeding Three Thousand Pesos (P3,000.00) or imprisonment for not more
than three (3) years, or both such fine and imprisonment, in the discretion of the Court, shall be imposed
upon any person who commits any of the following acts:
1. Appropriation of water without a water permit, unless such person is expressly exempted from
securing a permit by the provisions of this Code.
2. Unauthorized obstruction of an irrigation canal.
3. Cultivation of a river bed, sand bar or tidal flat without permission.
4. Malicious destruction of hydraulic works or structure valued at not exceeding Twenty-Five Thousand
Pesos (P25,000.00).
B. A fine exceeding Three Thousand Pesos P3,000.00) but not more than Six Thousand Pesos
P6,000.00) or imprisonment exceeding three (3) years but not more than six (6) years, or both such fine
and imprisonment in the discretion of the Court, shall be imposed on any person who commits any of
the following acts:
1. Distribution for public consumption of water which adversely affects the health and safety of the
public.
2. Excavation or enlargement of the opening of a hot spring without permission.
3. Unauthorized obstruction of a river or waterway, or occupancy of a river bank or seashore without
permission.
4. Establishment of a cemetery or a waste disposal area near a source of water supply or reservoir for
domestic municipal use without permission.
Article 94. Actions for offenses punishable under this Code by a fine of not more than Three Thousand
Pesos (P3,000.00) or by an imprisonment of not more than three (3) years, or both such fine and
imprisonment, shall prescribe in five (5) years; those punishable by a fine exceeding Three Thousand
Pesos (P3,000.00) but not more than Six Thousand Pesos (P6,000.00) or an imprisonment exceeding
three (3) years but not more than six (6) years, or both such fine and imprisonment, shall prescribe in
seven (7) years; and those punishable by a fine exceeding Six Thousand Pesos (P6,000.00) but not
more than Ten Thousand Pesos (P10,000.00) or an imprisonment exceeding six (6) years but not more
than twelve (12) years, or both such fine and imprisonment, shall prescribe in ten (10) years.
CHAPTER IX
TRANSITORY AND FINAL PROVISIONS
Article 95. Within two (2) years from the promulgation of this Code, all claims for a right to use water
existing on or before December 31, 1974 shall be registered with the Council which shall confirm said
rights in accordance with the provisions of this Code, and shall set their respective priorities.
When priority in time of appropriation from a certain source of supply cannot be determined, the order of
preference in the use of the waters shall be as follows:
(a) Domestic and municipal use
(b) Irrigation
(c) Power generation

5. Constructing, without prior permission of the government agency concerned, works that produce (d) Fisheries
dangerous or noxious substances, or performing acts that result in the introduction of sewage, industrial (e) Livestock raising
waste, or any substance that pollutes a source of water supply.
(f) Industrial use, and
6. Dumping mine tailings and sediments into rivers of waterways without permission.
(g) Other uses.
7. Malicious destruction of hydraulic works or structure valued more than Twenty-Five Thousand Pesos
(P25,000.00) but at not exceeding One Hundred Thousand Peso (100,000.00).
C. A fine exceeding Six Thousand Pesos (P6,000.00) but not more than Ten Thousand Pesos
(P10,000.00) or imprisonment exceeding six (6) years but not more than twelve (12) years, or both such
fine and imprisonment, in the discretion of the Court, shall be imposed upon any person who commits
any of the following acts:
1. Misrepresentation of citizenship in order to qualify for water permit.
2. Malicious destruction of a hydraulic works or structure, valued at more than One Hundred Thousand
Pesos (P100,000.00).
Article 92. 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 such corporation, trust firm, partnership, association or entity, 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.
After final judgment of conviction, the Court upon petition of the prosecution attorney in the same
proceedings, and after due hearing, may, when the public interest so requires, order suspension of or
dissolution of such corporation, trust, firm, partnership, association or juridical person.
Article 93. All actions for offenses punishable under Article 91 of this Code shall be brought before the
proper court.
CLIMATE CHANGE
Section 3. Definition of Terms. – For purposes of this Act, the following shall have the corresponding
meanings:
(a) “Adaptation” refers to the adjustment in natural or human systems in response to actual or
expected climatic stimuli or their effects, which moderates harm or exploits beneficial opportunities.
(b) “Adaptive capacity” refers to the ability of ecological, social or economic systems to adjust to
climate change including climate variability and extremes, to moderate or offset potential damages and
to take advantage of associated opportunities with changes in climate or to cope with the consequences
thereof.
(c) “Anthropogenic causes” refer to causes resulting from human activities or produced by human
beings.
(d) “Climate Change” refers to a change in climate that can be identified by changes in the mean
and/or variability of its properties and that persists for an extended period typically decades or longer,
whether due to natural variability or as a result of human activity.
(e) “Climate Variability” refers to the variations in the average state and in other statistics of the
climate on all temporal and spatial scales beyond that of individual weather events.
(f) “Climate Risk” refers to the product of climate and related hazards working over the vulnerability of
human and natural ecosystems.
(g) “Disaster” refers to a serious disruption of the functioning of a community or a society involving
widespread human, material, economic or environmental losses and impacts which exceed the ability of
the affected community or society to cope using its own resources.
(h) “Disaster risk reduction” refers to the concept and practice of reducing disaster risks through
systematic efforts to analyze and manage the causal factors of disasters, including through reduced
exposure to hazards, lessened vulnerability of people and property, wise management of land and the
environment, and improved preparedness for adverse events.
(i) “Gender mainstreaming” refers to the strategy for making women’s as well as men’s concerns and
experiences an integral dimension of the design, implementation, monitoring, and evaluation of policies
and programs in all political, economic, and societal spheres so that women and men benefit equally
and inequality is not perpetuated. It is the process of assessing the implications for women and men of
any planned action, including legislation, policies, or programs in all areas and at all levels.
(j) “Global Warming” refers to the increase in the average temperature of the Earth’s near-surface air
and oceans that is associated with the increased concentration of greenhouse gases in the atmosphere.
(k) “Greenhouse effect” refers to the process by which the absorption of infrared radiation by the
atmosphere warms the Earth.
(l) “Greenhouse gases (GHG)” refers to constituents of the atmosphere that contribute to the
greenhouse effect including, but not limited to, carbon dioxide, methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride.
(m) “Mainstreaming” refers to the integration of policies and measures that address climate change
into development planning and sectoral decision-making.
(n) “Mitigation” in the context of climate change, refers to human intervention to address
anthropogenic emissions by sources and removals by sinks of all GHG, including ozone- depleting
substances and their substitutes.
(o) “Mitigation potential” shall refer to the scale of GHG reductions that could be made, relative to
emission baselines, for a given level of carbon price (expressed in cost per unit of carbon dioxide
equivalent emissions avoided or reduced).
(p) “Sea level rise” refers to an increase in sea level which may be influenced by factors like global
warming through expansion of sea water as the oceans warm and melting of ice over land and local
factors such as land subsidence.
(q) “Vulnerability” refers to the degree to which a system is susceptible to, or unable to cope with,
adverse effects of climate change, including climate variability and extremes. Vulnerability is a function
of the character, magnitude, and rate of climate change and variation to which a system is exposed, its
sensitivity, and its adaptive capacity.
Section 4. Creation of the Climate Change Commission. – There is hereby established a Climate
Change Commission, hereinafter referred to as the Commission.
The Commission shall be an independent and autonomous body and shall have the same status as that
of a national government agency. It shall be attached to the Office of the President.
The Commission shall be the sole policy-making body of the government which shall be tasked to
coordinate, monitor and evaluate the programs and action plans of the government relating to climate
change pursuant to the provisions of this Act.
The Commission shall be organized within sixty (60) days from the effectivity of this Act.
Section 5. Composition of the Commission. – The Commission shall be composed of the President of
the Republic of the Philippines who shall serve as the Chairperson, and three (3) Commissioners to be
appointed by the President, one of whom shall serve as the Vice Chairperson of the Commission.
The Commission shall have an advisory board composed of the following:
(a) Secretary of the Department of Agriculture;
(b) Secretary of the Department of Energy;
(c) Secretary of the Department of Environment and Natural Resources;
(d) Secretary of the Department of Education;
(e) Secretary of the Department of Foreign Affairs;
(f) Secretary of the Department of Health;
(g) Secretary of the Department of the Interior and Local Government;
(h) Secretary of the Department of National Defense, in his capacity as Chair of the National Disaster
Coordinating Council;
(i) Secretary of the Department of Public Works and Highways;
(j) Secretary of the Department of Science and Technology;
(k) Secretary of the Department of Social Welfare and Development;
(l) Secretary of the Department of Trade and Industry;
(m) Secretary of the Department of Transportation and Communications;
(n) Director-General of the National Economic and Development Authority, in his capacity as Chair of
the Philippine Council for Sustainable Development;
(o) Director-General of the National Security Council;
(p) Chairperson of the National Commission on the Role of Filipino Women;
(q) President of the League of Provinces;
(r) President of the League of Cities;
(s) President of the League of Municipalities;
(t) President of the Liga ng mga Barangay;
(u) Representative from the academe;
(v) Representative from the business sector; and
(w) Representative from nongovernmental organizations.
At least one (1) of the sectoral representatives shall come from the disaster risk reduction community.
The representatives shall be appointed by the President from a list of nominees submitted by their
respective groups. They shall serve for a term of six (6) years without reappointment unless their
representation is withdrawn by the sector they represent. Appointment to any vacancy shall be only for
the unexpired term of the predecessor.
Only the ex officio members of the advisory board shall appoint a qualified representative who shall hold
a rank of no less than an Undersecretary.
Section 6. Meetings of the Commission. – The Commission shall meet once every three (3) months, or
as often as may be deemed necessary by the Chairperson. The Chairperson may likewise call upon
other government agencies for the proper implementation of this Act.
Section 7. Qualifications, Tenure, Compensation of Commissioners. – The Commissioners must be
Filipino citizens, residents of the Philippines, at least thirty (30) years of age at the time of appointment,
with at least ten (10) years of experience on climate change and of proven honesty and ntegrity. The
Commissioners shall be experts in climate change by virtue of their educational background, training
and experience: Provided, That at least one (1) Commissioner shall be female: Provided, further, That
in no case shall the Commissioners come from the same sector: Provided, finally, That in no case shall
any of the Commissioners appoint representatives to act on their behalf.
The Commissioners shall hold office for a period of six (6) years, and may be subjected to
reappointment: Provided, That no person shall serve for more than two (2) consecutive terms: Provided,
further, That in case of a vacancy, the new appointee shall fully meet the qualifications of a
Commissioner and shall hold office for the unexpired portion of the term only: Provided, finally, That in
no case shall a Commissioner be designated in a temporary or acting capacity.
The Vice Chairperson and the Commissioners shall have the rank and privileges of a Department
Secretary and Undersecretary, respectively. They shall be entitled to corresponding compensation and
other emoluments and shall be subject to the same disqualifications.
Section 8. Climate Change Office. – There is hereby created a Climate Change Office that shall assist
the Commission. It shall be headed by a Vice Chairperson of the Commission who shall act as the
Executive Director of the Office. The Commission shall have the authority to determine the number of
staff and create corresponding positions necessary to facilitate the proper implementation of this Act,
subject to civil service laws, rules and regulations. The officers and employees of the Commission shall
be appointed by the Executive Director.
Section 9. Powers and Functions of the Commission. – The Commission shall have the following
powers and functions:
(a) Ensure the mainstreaming of climate change, in synergy with disaster risk reduction, into the
national, sectoral and local development plans and programs;
(b) Coordinate and synchronize climate change programs of national government agencies;
(c) Formulate a Framework Strategy on Climate Change to serve as the basis for a program for climate
change planning, research and development, extension, and monitoring of activities on climate change;
(d) Exercise policy coordination to ensure the attainment of goals set in the framework strategy and
program on climate change;
(e) Recommend legislation, policies, strategies, programs on and appropriations for climate change
adaptation and mitigation and other related activities;
(f) Recommend key development investments in climate- sensitive sectors such as water resources,
agriculture, forestry, coastal and marine resources, health, and infrastructure to ensure the achievement
of national sustainable development goals;
(g) Create an enabling environment for the design of relevant and appropriate risk-sharing and risk-
transfer instruments;
(h) Create an enabling environment that shall promote broader multi-stakeholder participation and
integrate climate change mitigation and adaptation;
(i) Formulate strategies on mitigating GHG and other anthropogenic causes of climate change;
(j) Coordinate and establish a close partnership with the National Disaster Coordinating Council in order
to increase efficiency and effectiveness in reducing the people’s vulnerability to climate-related
disasters;
(k) In coordination with the Department of Foreign Affairs, represent the Philippines in the climate
change negotiations;
(l) Formulate and update guidelines for determining vulnerability to climate change impacts and
adaptation assessments and facilitate the provision of technical assistance for their implementation and
monitoring;
(m) Coordinate with local government units (LGUs) and private entities to address vulnerability to
climate change impacts of regions, provinces, cities and municipalities;
(n) Facilitate capacity building for local adaptation planning, implementation and monitoring of climate
change initiatives in vulnerable communities and areas;
(o) Promote and provide technical and financial support to local research and development programs
and projects in vulnerable communities and areas; and
(p) Oversee the dissemination of information on climate change, local vulnerabilities and risks, relevant
laws and protocols and adaptation and mitigation measures.
Section 10. Panel of Technical Experts. – The Commission shall constitute a national panel of technical
experts consisting of practitioners in disciplines that are related to climate change, including disaster risk
reduction.
The Panel shall provide technical advice to the Commission in climate science, technologies, and best
practices for risk assessment and enhancement of adaptive capacity of vulnerable human settlements
to potential impacts of climate change.
The Commission shall set the qualifications and compensation for the technical experts. It shall provide
resources for the operations and activities of the Panel.
Section 11. Framework Strategy and Program on Climate Change. – The Commission shall, within six
(6) months from the effectivity of this Act, formulate a Framework Strategy on Climate Change. The
Framework shall serve as the basis for a program for climate change planning, research and
development, extension, and monitoring of activities to protect vulnerable communities from the adverse
effects of climate change.
The Framework shall be formulated based on climate change vulnerabilities, specific adaptation needs,
and mitigation potential, and in accordance with the international agreements.
The Framework shall be reviewed every three (3) years, or as may be deemed necessary.
Section 12. Components of the Framework Strategy and Program on Climate Change. – The
Framework shall include, but not limited to, the following components:
(a) National priorities;
(b) Impact, vulnerability and adaptation assessments;
(c) Policy formulation;
(d) Compliance with international commitments;
(e) Research and development;
(f) Database development and management;
(g) Academic programs, capability building and mainstreaming;
(h) Advocacy and information dissemination;
(i) Monitoring and evaluation; and
(j) Gender mainstreaming.
Section 13. National Climate Change Action Plan. – The Commission shall formulate a National
Climate Change Action Plan in accordance with the Framework within one (1) year after the formulation
of the latter.
The National Climate Change Action Plan shall include, but not limited to, the following components:
(a) Assessment of the national impact of climate change;
(b) The identification of the most vulnerable communities/areas, including ecosystems to the impacts of
climate change, variability and extremes;
(c) The identification of differential impacts of climate change on men, women and children;
(d) The assessment and management of risk and vulnerability;
(e) The identification of GHG mitigation potentials; and
(f) The identification of options, prioritization of appropriate adaptation measures for joint projects of
national and local governments.
Section 14. Local Climate Change Action Plan. – The LGUs shall be the frontline agencies in the
formulation, planning and implementation of climate change action plans in their respective areas,
consistent with the provisions of the Local Government Code, the Framework, and the National Climate
Change Action Plan.
Barangays shall be directly involved with municipal and city governments in prioritizing climate change
issues and in identifying and implementing best practices and other solutions. Municipal and city
governments shall consider climate change adaptation, as one of their regular functions. Provincial
governments shall provide technical assistance, enforcement and information management in support
of municipal and city climate change action plans. Inter-local government unit collaboration shall be
maximized in the conduct of climate- related activities.
LGUs shall regularly update their respective action plans to reflect changing social, economic, and
environmental conditions and emerging issues. The LGUs shall furnish the Commission with copies of
their action plans and all subsequent amendments, modifications and revisions thereof, within one (1)
month from their adoption. The LGUs shall mobilize and allocate necessary personnel, resources and
logistics to effectively implement their respective action plans.
The local chief executive shall appoint the person responsible for the formulation and implementation of
the local action plan.
It shall be the responsibility of the national government to extend technical and financial assistance to
LGUs for the accomplishment of their Local Climate Change Action Plans.
The LGU is hereby expressly authorized to appropriate and use the amount from its Internal Revenue
Allotment necessary to implement said local plan effectively, any provision in the Local Government
Code to the contrary notwithstanding.
Section 15. Role of Government Agencies. – To ensure the effective implementation of the framework
strategy and program on climate change, concerned agencies shall perform the following functions:
(a) The Department of Education (DepED) shall integrate climate change into the primary and
secondary education curricula and/or subjects, such as, but not limited to, science, biology, sibika,
history, including textbooks, primers and other educational materials, basic climate change principles
and concepts;
(b) The Department of the Interior and Local Government (DILG) and Local Government Academy shall
facilitate the development and provision of a training program for LGUs in climate change. The training
program shall include socioeconomic, geophysical, policy, and other content necessary to address the
prevailing and forecasted conditions and risks of particular LGUs. It shall likewise focus on women and
children, especially in the rural areas, since they are the most vulnerable;
(c) The Department of Environment and Natural Resources (DENR) shall oversee the establishment
and maintenance of a climate change information management system and network, including on
climate change risks, activities and investments, in collaboration with other concerned national
government agencies, institutions and LGUs;
(d) The Department of Foreign Affairs (DFA) shall review international agreements related to climate
change and make the necessary recommendation for ratification and compliance by the government on
matters pertaining thereto;
(e) The Philippine Information Agency (PIA) shall disseminate information on climate change, local
vulnerabilities and risk, relevant laws and protocols and adaptation and mitigation measures; and
(f) Government financial institutions, shall, any provision in their respective charters to the contrary
notwithstanding, provide preferential financial packages for climate change- related projects. In
consultation with the Bangko Sentral ng Pilipinas (BSP), they shall, within thirty (30) days from the
effectivity of this Act, issue and promulgate the implementing guidelines therefor.
The Commission shall evaluate, recommend the approval of loans and monitor the use of said funds of
LGUs.
Section 16. Coordination with Various Sectors. – In the development and implementation of the
National Climate Change Action Plan, and the local action plans, the Commission shall coordinate with
the nongovernment organizations (NGOs), civic organizations, academe, people’s organizations, the Section 22. Implementing Rules and Regulations. – Within ninety (90) days after the approval of this
private and corporate sectors and other concerned stakeholder groups. Act, the Commission shall, upon consultation with government agencies, LGUs, private sector, NGOs
and civil society, promulgate the implementing rules and regulations of this Act: Provided, That failure to
Section 17. Authority to Receive Donations and/or Grants. – The Commission is hereby authorized to issue rules and regulations shall not in any manner affect the executory nature of the provisions of this
accept grants, contributions, donations, endowments, bequests, or gifts in cash, or in kind from local Act.
and foreign sources in support of the development and implementation of climate change programs and
plans: Provided, That in case of donations from foreign governments, acceptance thereof shall be Section 23. Transitory Provisions. – Upon the organization of the Commission, the Presidential Task
subject to prior clearance and approval of the President of the Philippines upon recommendation of the Force on Climate Change created under Administrative Order No. 171 and the Inter-Agency Committee
Secretary of Foreign Affairs: Provided, further, That such donations shall not be used to fund personal on Climate Change created by virtue of Administrative Order No. 220, shall be abolished: Provided,
services expenditures and other operating expenses of the Commission. That their powers and functions shall be absorbed by the Commission: Provided, further, That the
officers and employees thereof shall continue in a holdover capacity until such time as the new officers
The proceeds shall be used to finance: and employees of the Commission shall have been duly appointed pursuant to the provisions of this
(a) Research, development, demonstration and promotion of technologies; Act. All qualified regular or permanent employees who may be transferred to the Commission shall not
suffer any loss in seniority or rank or decrease in emoluments. Any employee who cannot be absorbed
(b) Conduct of assessment of vulnerabilities to climate change impacts, resource inventory, and by the Commission shall be entitled to a separation pay under existing retirement laws.
adaptation capability building;
Section 24. Separability Clause. – If for any reason any section or provision of this Act is declared as
(c) Advocacy, networking and communication activities in the conduct of information campaign; and unconstitutional or invalid, the other sections or provisions hereof shall not be affected thereby.
(d) Conduct of such other activities reasonably necessary to carry out the objectives of this Act, as may Section 25. Repealing Clause. – All laws, ordinances, rules and regulations, and other issuances or
be defined by the Commission. parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly.
Section 18. Funding Allocation for Climate Change. – All relevant government agencies and LGUs shall Section 26. Effectivity. – This Act shall take effect fifteen (15) days after the completion of its publication
allocate from their annual appropriations adequate funds for the formulation, development and in the Official Gazette or in at least two (2) national newspapers of general circulation.
implementation, including training, capacity building and direct intervention, of their respective climate
change programs and plans. It shall also include public awareness campaigns on the effects of climate Approved,
change and energy-saving solutions to mitigate these effects, and initiatives, through educational and
training programs and micro-credit schemes, especially for women in rural areas. In subsequent budget
proposals, the concerned offices and units shall appropriate funds for program/project development and
implementation including continuing training and education in climate change.1avvphi1
Section 19. Joint Congressional Oversight Committee. – There is hereby created a Joint Congressional
Oversight Committee to monitor the implementation of this Act. The Oversight Committee shall be
composed of five (5) Senators and five (5) Representatives to be appointed by the Senate President
and the Speaker of the House of Representatives, respectively. The Oversight Committee shall be co-
chaired by a Senator and a Representative to be designated by the Senate President and the Speaker
of the House of Representatives, respectively. Its funding requirement shall be charged against the
appropriations of Congress.
Section 20. Annual Report. – The Commission shall submit to the President and to both Houses of
Congress, not later than March 30 of every year following the effectivity of this Act, or upon the request
of the Congressional Oversight Committee, a report giving a detailed account of the status of the
implementation of this Act, a progress report on the implementation of the National Climate Change
Action Plan and recommend legislation, where applicable and necessary. LGUs shall submit annual
progress reports on the implementation of their respective local action plan to the Commission within
the first quarter of the following year.
Section 21. Appropriations. – The sum of Fifty million pesos (Php50,000,000.00) is hereby appropriated
as initial operating fund in addition to the unutilized fund of the Presidential Task Force on Climate
Change and the Office of the Presidential Adviser on Global Warming and Climate Change. The sum
shall be sourced from the President’s contingent fund.
Thereafter, the amount necessary to effectively carry out the provisions of this Act shall be included in
the annual General Appropriations Act.