Nat Res Laws 13 Nov 2019

Nat Res Finals
Fifth Regular Session
Begun and held in Metro Manila, on Monday, the twenty-second day of July, nineteen
hundred and ninety one.
REPUBLIC ACT NO. 7586
AN ACT PROVIDING FOR THE ESTABLISHMENT AND MANAGEMENT OF

NATIONAL INTEGRATED PROTECTED AREAS SYSTEM, DEFINING ITS SCOPE
AND COVERAGE, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippine Congress

Assembled:
Section 1. Title – This Act shall be known and referred to as the "National Integrated
Protected Areas System Act of 1992″.
Section 2. Declaration of Policy – Cognizant of the profound impact of man’s activities

on all components of the natural environment particularly the effect of increasing
population, resource exploitation and industrial advancement and recognizing the
critical importance of protecting and maintaining the natural biological and physical
diversities of the environment notably on areas with biologically unique features to
sustain human life and development, as well as plant and animal life, it is hereby
declared the policy of the State to secure for the Filipino people of present and future
generations the perpetual existence of all native plants and animals through the
establishment of a comprehensive system of integrated protected areas within the
classification of national park as provided for in the Constitution.
It is hereby recognized that these areas, although distinct in features, posses common
ecological values that may be incorporated into a holistic plan representative of our
natural heritage; that effective administration of this area is possible only through
cooperation among national government, local government and concerned private
organizations; that the use and enjoyment of these protected areas must be consistent
with the principles of biological diversity and sustainable development.
To this end, there is hereby established a National Integrated Protected Areas System
(NIPAS), which shall encompass outstandingly remarkable areas and biologically
important public lands that are habitats of rare and endangered species of plants and
animals, biogeographic zones and related ecosystems, whether terrestrial, wetland or
marine, all of which shall be designated as "protected areas".
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Section 3. Categories – The following categories of protected areas are hereby

established:
a. Strict nature reserve;
b. Natural park;
c. Natural monument;
d. Wildlife sanctuary;
e. Protected landscapes and seascapes;
f. Resource reserve;
g. Natural biotic areas; and
h. Other categories established by law, conventions or international agreements

which the Philippine Government is a signatory.
Section 4. Definition of Terms – For purposes of this Act, the following terms shall be
defined as follows:
1. "National Integrated Protected Areas System (NIPAS)" is the classification and

administration of all designated protected areas to maintain essential ecological
processes and life-support systems, to preserve genetic diversity, to ensure
sustainable use of resources found therein, and to maintain their natural
conditions to the greatest extent possible;
2. "Protected Area" refers to identified portions of land and water set aside by
reason of their unique physical and biological significance, managed to enhance
biological diversity and protected against destructive human exploitation;
3. "Buffer zones" are identified areas outside the boundaries of and immediately
adjacent to designated protected areas pursuant to Section 8 that need special
development control in order to avoid or minimize harm to the protected area;
4. "Indigenous cultural community" refers to a group of people sharing common

bonds of language, customs, traditions and other distinctive cultural traits and
who have since time immemorial, occupied, possessed and utilized a territory;
5. "National park" refers to a forest reservation essentially of natural wilderness

character which has been withdrawn from settlement, occupancy or any form of
exploitation except in conformity with approved management plan and set aside
as such exclusively to conserve the area or preserve the scenery, the natural and
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historic objects, wild animals and plants therein and to provide enjoyment of
these features in such areas;
6. "Natural monuments" is a relatively small area focused on protection of small

features to protect or preserve nationally significant natural features on account
of their special interest or unique characteristics;
7. "Natural biotic area" is an area set aside to allow the way of life of societies
living in harmony with the environment to adapt to modern technology at their
pace;
8. "Natural park" is a relatively large area not materially altered by human activity
where extractive resource uses are not allowed and maintained to protect
outstanding natural and scenic areas of national or international significance for
scientific, educational and recreational use;
9. "Protected landscapes/seascapes" are areas of national significance which are

characterized by the harmonious interaction of man and land while providing
opportunities for public enjoyment through the recreation and tourism within the
normal lifestyle and economic activity of these areas;
10. "Resource reserve" is an extensive and relatively isolated and uninhabited

area normally with difficult access designated as such to protect natural
resources of the area for future use and prevent or contain development activities
that could affect the resource pending the establishment of objectives which are
based upon appropriate knowledge and planning;
11. "Strict nature reserve" is an area possessing some outstanding ecosystem,

features and/or species of flora and fauna of national scientific importance
maintained to protect nature and maintain processes in an undisturbed state in
order to have ecologically representative examples of the natural environment
available for scientific study, environmental monitoring, education, and for the
maintenance of genetic resources in a dynamic and evolutionary state;
12. "Tenured migrant communities" are communities within protected areas

which have actually and continuously occupied such areas for five (5) years
before the designation of the same as protected areas in accordance with this
Act and are solely dependent therein for subsistence; and
13. "Wildlife sanctuary" comprises an area which assures the natural conditions
necessary to protect nationally significant species, groups of species, biotic
communities or physical features of the environment where these may require
specific human manipulations for their perpetuation.
Section 5. Establishment and Extent of the System – The establishment and

operationalization of the System shall involve the following:
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1. All areas or islands in the Philippines proclaimed, designated or set aside,

pursuant to a law, presidential decree, presidential proclamation or executive
order as national park, game refuge, bird and wildlife sanctuary, wilderness area,
strict nature reserve, watershed, mangrove reserve, fish sanctuary, natural and
historical landmark, protected and managed landscape/seascape as well as
identified virgin forests before the effectivity of this Act are hereby designated as
initial components of the System. The initial components of the System shall be
governed by existing laws, rules and regulations, not inconsistent with this Act;
2. Within one (1) year from the effectivity of this Act, the DENR shall submit to
the Senate and the House of Representatives a map and legal descriptions or
natural boundaries of each protected area initially comprising the System. Such
maps and legal description shall, by virtue of this Act, constitute the official
documentary representation of the entire System, subject to such changes as
Congress deems necessary;
3. All DENR records pertaining to said protected areas, including maps and legal
descriptions or natural boundaries, copies of rules and regulations governing
them, copies of public notices of, and reports submitted to Congress regarding
pending additions, eliminations, or modifications shall be made available to the
public. These legal documents pertaining to protected areas shall also be
available to the public in the respective DENR Regional Offices, Provincial
Environment and Natural Resources Offices (PENROs) and Community
Environment and Natural Resources Offices (CENROs) where NIPAS areas are
located;
4. Within three (3) years from the effectivity of this Act, the DENR shall study and
review each area tentatively composing the System as to its suitability or non-
suitability for preservation as protected area and inclusion in the System
according to the categories established in Section 3 hereof and report its findings
to the President as soon as each study is completed. The study must include in
each area:
1. A forest occupants survey;
2. An ethnographic study;
3. A protected area resource profile;
4. Land use plans done in coordination with the respective Regional

Development Councils; and
5. Such other background studies as will be sufficient bases for selection.
The DENR shall:
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1. Notify the public of proposed action through publication in a newspaper of

general circulation, and such other means as the System deems necessary in
the area or areas in the vicinity of the affected land thirty (30) days prior to the
public hearing;
i. Conduct public hearings at the locations nearest to the area affected;
ii. At least thirty (30) days prior to the date of hearing, advise all Local
Government Units (LGUs) in the affected areas, national agencies
concerned, people’s organizations and non-government organizations and
invite such officials to submit their views on the proposed action at the
hearing not later than thirty (30) days following the date of hearing; and
iii. Give due consideration to the recommendations at the public hearing;

and provide sufficient explanation for his recommendations contrary to the
general sentiments expressed in the public hearing;
2. Upon receipt of the recommendations of the DENR, the President shall issue a
presidential proclamation designating the recommended areas as protected
areas and providing for measures for their protection until such time when
Congress shall have enacted a law finally declaring such recommended areas as
part of the integrated protected area systems; and
3. Thereafter, the President shall send to the Senate and the House of
Representatives his recommendations with respect to the designations as
protected areas or reclassification of each area on which review has been
completed, together with maps and legal description of boundaries. The
President, in his recommendation, may propose the alteration of existing
boundaries of any or all proclaimed protected areas, addition of any contiguous
area of public land of predominant physical and biological value. Nothing
contained herein shall limit the President to propose, as part of his
recommendation to Congress, additional areas which have not been designated,
proclaimed or set aside by law, presidential decree, proclamation or executive
orders as protected area/s.
Section 6. Additional Areas to be Integrated to the System. – Notwithstanding the

establishment of the initial component of the additional areas with outstanding physical
features, anthropological significance and biological diversity in accordance with the
provisions of Section 5d.
Section 7. Disestablishment as Protected Area. – When in the opinion of the DENR a

certain protected area should be withdrawn or disestablished, or its boundaries modified
as warranted by a study and sanctioned by the majority of the members of the
respective boards for the protected area as herein established in Section 11, it shall, in
turn, advice Congress. Disestablishment of a protected area under the System or
modification of its boundary shall take effect pursuant to an act of Congress. Thereafter,
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said area shall revert to the category of public forests unless otherwise classified by
Congress: Provided however, that after disestablishment by Congress, the Secretary
may recommend the transfer of such disestablished area to other government agencies
to serve other priority programs of national interest.
Section 8. Buffer Zones. – For each protected area, there shall be established
peripheral buffer zones when necessary, in the same manner as Congress establishes
the protected area, to protect the same from activities that will directly and indirectly
harm it. Such buffer zones shall be included in the individual protected area
management plan that shall prepared for each protected area. The DENR shall exercise
its authority over protected areas as provided in this Act on such area and designated
as buffer zones.
Section 9. Management Plans. – There shall be a general management planning

strategy to serve as guide in formulating individual plans for each protected area. The
management planning strategy shall, at the minimum, promote the adoption and
implementation of innovative management techniques including if necessary, the
concept of zoning, buffer zone management for multiple use and protection, habitat
conservation and rehabilitation, diversity management, community organizing,
socioeconomic and scientific researches, site-specific policy development, pest
management, and fire control. The management planning strategy shall also provide
guidelines for the protection of indigenous cultural communities, other tenured migrant
communities and sites for close coordination between and among local agencies of the
Government as well as the private sector.
Each component area of the System shall be planned and administered to further
protect and enhance the permanent preservation of its natural conditions. A
management manual shall be formulated and developed which must contain the
following: an individual management plan prepared by three (3) experts, basic
background information, field inventory of the resources within the area, an assessment
of assets and limitations, regional interrelationships, particular objectives for managing
the area, appropriate division of the area into management zones, a review of the
boundaries of the area, and a design of the management programs.
Section 10. Administration and Management of the System. – The National Integrated
Protected Areas System is hereby placed under the control and administration of the
Department of Environment and Natural Resources. For this purpose, there is hereby
created a division in the regional offices of the Department to be called the Protected
Areas and Wildlife Division in regions where protected areas have been established,
which shall be under the supervision of a Regional Technical Director, and shall include
subordinate officers, clerks, and employees as may be proposed by the Secretary, duly
approved by the Department of Budget and Management, and appropriated by the
Congress. The Service thus established shall manage protected areas and promote the
permanent preservation, to the greatest extent possible of their natural conditions.
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To carry out the mandate of this Act, the Secretary of the DENR is empowered to
perform any and all of the following acts:
a. To conduct studies on various characteristic features and conditions of the

different protected areas, using commonalities in their characteristics, classify
and define them into categories and prescribe permissible or prohibited human
activities in each category in the System;
b. To adopt and enforce a land use scheme and zoning plan in adjoining areas
for the preservation and control of activities that may threaten the ecological
balance in the protected areas;
c. To cause the preparation of and exercise the power to review all plans and
proposals for the management of protected areas;
d. To promulgate rules and regulations necessary to carry out the provisions of

this Act;
e. To deputize field officers and delegate any of his powers under this Act and
other laws to expedite its implementation and enforcement;
f. To fix and prescribe reasonable NIPAS fees to be collected from government

agencies or any person, firm or corporation deriving benefits from the protected
areas;
g. To exact administrative fees and fines as authorized in Section 21 for violation

of guidelines, rules and regulations of this Act as would endanger the viability of
protected areas;
h. To enter into contracts and/or agreements with private entities or public

agencies as may be necessary to carry out the purposes of this Act;
i. To accept in the name of the Philippine Government and in behalf of NIPAS

funds, gifts or bequests of money for immediate disbursements or other property
in the interest of the NIPAS, its activities or its services;
j. To call on any agency or instrumentality of the Government as well as

academic institutions, non-government organizations and the private sector as
may be necessary to accomplish the objectives and activities of the System;
k. To submit an annual report to the President of the Philippines and to Congress

on the status of protected areas in the country;
l. To establish a uniform marker of the System, including an appropriate and

distinctive symbol for each category in the System, in consultation with
appropriate government agencies and public and private organizations;
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m. To determine the specification of the class, type and style of buildings and
other structures to be constructed in protected areas and the materials to be
used;
n. Control the construction, operation and maintenance of roads, trails,

waterworks, sewerage, fire protection, and sanitation systems and other public
utilities within the protected area;
o. Control occupancy of suitable portions of the protected area and resettle

outside of said area forest occupants therein, with the exception of the members
of indigenous communities area; and
p. To perform such other functions as may be directed by the President of the

Philippines, and to do such acts as may be necessary or incidental to the
accomplishment of the purpose and objectives of the System.
Section 11. Protected Area Management Board. – A Protected Area Management

Board for each of the established protected area shall be created and shall be
composed of the following: The Regional Executive Director under whose jurisdiction
the protected area is located; one (1) representative from the autonomous regional
government, if applicable; the Provincial Development Officer; one (1) representative
from the municipal government; one (1) representative from each barangay covering the
protected area; one (1) representative from each tribal community, if applicable; and, at
least three (3) representatives from non-government organizations/local community
organizations, and if necessary, one (1) representative from other departments or
national government agencies involved in protected area management.
The Board shall, by a majority vote, decide the allocations for budget, approve
proposals for funding, decide matters relating to planning, peripheral protection and
general administration of the area in accordance with the general management strategy.
The members of the Board shall serve for a term of five (5) years without compensation,
except for actual and necessary traveling and subsistence expenses incurred in the
performance of their duties. They shall be appointed by the Secretary of the DENR as
follows:
a. A member who shall be appointed to represent each local government down to

barangay level whose territory or portion is included in the protected area. Each
appointee shall be the person designated by the head of such LGU, except for
the Provincial Development Officer who shall serve ex officio;
b. A member from non-government organizations who shall be endorsed by

heads of organizations which are preferably based in the area or which have
established and recognized interest in protected areas;
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c. The RED/s in the region/s where such protected area lies shall sit as ex officio
member of the Board and shall serve as adviser/s in matters related to the
technical aspect of management of the area; and
d. The RED shall act as chairman of the Board. When there are two (2) or more
REDs in the Board, the Secretary shall designate one (1) of them to be the
Chairman. Vacancies shall be filled in the same manner as the original
appointment.
Section 12. Environmental Impact Assessment. – Proposals for activities which are
outside the scope of the management plan for protected areas shall be subject to an
environmental impact assessment as required by law before they are adopted, and the
results thereof shall be taken into consideration in the decision-making process.
No actual implementation of such activities shall be allowed without the required

Environmental Compliance Certificate (ECC) under the Philippine Environmental Impact
Assessment (EIA) system. In instances where such activities are allowed to be
undertaken, the proponent shall plan and carry them out in such manner as will
minimize any adverse effects and take preventive and remedial action when
appropriate. The proponent shall be liable for any damage due to lack of caution or
indiscretion.
Section 13. Ancestral Lands and Rights Over Them. – Ancestral lands and customary
rights and interest arising shall be accorded due recognition. The DENR shall prescribe
rules and regulations to govern ancestral lands within protected areas: Provided, that
the DENR shall have so power to evict indigenous communities from their present
occupancy nor resettle them to another area without their consent: Provided, however,
That all rules and regulations, whether adversely affecting said communities or not,
shall be subjected to notice and hearing to be participated in by members of concerned
indigenous community.
Section 14. Survey for Energy Resources. – Consistent with the policies declared in
Section 2 hereof, protected areas, except strict nature reserves and natural parks, may
be subjected to exploration only for the purpose of gathering information on energy
resources and only if such activity is carried out with the least damage to surrounding
areas. Surveys shall be conducted only in accordance with a program approved by the
DENR, and the result of such surveys shall be made available to the public and
submitted to the President for recommendation to Congress. Any exploitation and
utilization of energy resources found within NIPAS areas shall be allowed only through a
law passed by Congress.
Section 15. Areas Under the Management of Other Departments and Government
Instrumentalities. – Should there be protected areas, or portions thereof, under the
jurisdiction of government instrumentalities other than the DENR, such jurisdiction shall,
prior to the passage of this Act, remain in the said department or government
instrumentality; Provided, That the department or government instrumentality exercising
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administrative jurisdiction over said protected area or a portion thereof shall coordinate
with the DENR in the preparation of its management plans, upon the effectivity of this
Act.
Section 16. Integrated Protected Areas Fund. – There is hereby established a trust
fund to be known as Integrated Protected Areas (IPAS) Fund for purposes of financing
projects of the System. The IPAS may solicit and receive donations, endowments, and
grants in the form of contributions, and such endowment shall be exempted from
income or gift taxes and all other taxes, charges or fees imposed by the Government or
any political subdivision or instrumentality thereof.
All incomes generated from the operation of the System or management of wild flora
and fauna shall accrue to the Fund and may be utilized directly by the DENR for the
above purpose. These incomes shall be derived from:
a. Taxes from the permitted sale and export of flora and fauna and other
resources from protected areas;
b. Proceeds from lease of multiple use areas;
c. Contributions from industries and facilities directly benefiting from the

protected area; and
d. Such other fees and incomes derived from the operation of the protected area.
Disbursements from the Funds shall be made solely for the protection,
maintenance, administration, and management of the System, and duly
approved projects endorsed by the PAMBs, in the amounts authorized by the
DENR.
Section 17. Annual Report to Congress. – At the opening of each session of Congress,
the DENR shall report to the President, for transmission to Congress, on the status of
the System, regulation in force and other pertinent information, together with
recommendations.
Section 18. Field Officers. – All officials, technical personnel and forest guards
employed in the integrated protected area service or all persons deputized by the
DENR, upon recommendation of the Management Board shall be considered as field
officers and shall have the authority to investigate and search premises and buildings
and make arrests in accordance with the rules on criminal procedure for the violation of
laws and regulations relating to the protected areas. Persons arrested shall be brought
to the nearest police precinct for investigation.
Nothing herein mentioned shall be construed as preventing regular law enforcers and
police officers from arresting any person in the act of violating said laws and regulations.
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Section 19. Special Prosecutors. – The Department of Justice shall designate special
prosecutors to prosecute violations of laws, rules and regulations in protected areas.
Section 20. Prohibited Acts. – Except as may be allowed by the nature of their
categories and pursuant to rules and regulations governing the same, the following acts
are prohibited within protected areas:
a. Hunting, destroying, disturbing, or mere possession of any plants or animals or

products derived therefrom without a permit from the Management Board;
b. Dumping of any waste products detrimental to the protected area, or to the

plants and animals or inhabitants therein;
c. Use of any motorized equipment without a permit from the Management

Board;
d. Mutilating, defacing or destroying objects of natural beauty, or objects of

interest to cultural communities (of scenic value);
e. Damaging and leaving roads and trails in a damaged condition;
f. Squatting, mineral locating, or otherwise occupying any land;
g. Constructing or maintaining any kind of structure, fence or enclosures,

conducting any business enterprise without a permit;
h. Leaving in exposed or unsanitary conditions refuse or debris, or depositing in

ground or in bodies of water; and
i. Altering, removing destroying or defacing boundary marks or signs.
Section 21. Penalties. – Whoever violates this Act or any rules and regulations issued
by the Department pursuant to this Act or whoever is found guilty by a competent court
of justice of any of the offenses in the preceding section shall be fined in the amount of
not less than Five thousand pesos (P5,000) nor more than Five hundred thousand
pesos (P500,000), exclusive of the value of the thing damaged or imprisonment for not
less than one (1) year but not more than six (6) years, or both, as determined by the
court: Provided, that, if the area requires rehabilitation or restoration as determined by
the court, the offender shall be required to restore or compensate for the restoration to
the damages: Provided, further, that court shall order the eviction of the offender from
the land and the forfeiture in favor of the Government of all minerals, timber or any
species collected or removed including all equipment, devices and firearms used in
connection therewith, and any construction or improvement made thereon by the
offender. If the offender is an association or corporation, the president or manager shall
be directly responsible for the act of his employees and laborers: Provided, finally, that
the DENR may impose administrative fines and penalties consistent with this Act.
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Section 22. Separability Clause. – If any part or section of this Act is declared
unconstitutional, such declaration shall not affect the other parts or sections of this Act.
Section 23. Repealing Clause. – All laws, presidential decrees, executive orders, rules
and regulations inconsistent with any provisions of this Act shall be deemed repealed or
modified accordingly.
Section 24. Effectivity Clause. – This Act shall take effect fifteen (15) days after its
complete publication in two (2) newspapers of general circulation.
Approved,
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Seventeenth Congress
Second Regular Session
Begun and held in Metro Manila, on Monday, the twenty-fourth day of July, two
thousand seventeen.
REPUBLIC ACT No. 11038
An Act Declaring Protected Areas and Providing for Their Management,

Amending for This Purpose Republic Act No. 7586, Otherwise Known as the
"National Integrated Protected Areas System (NIPAS) Act of 1992" and for Other
Purposes
Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:
Section 1. Title. - This Act shall be known and referred to as the "Expanded National
Integrated Protected Areas System Act of 2018" .
Section 2. Section 2 of Republic Act No. 7586 is hereby amended to read as follows:
"Sec. 2. Declaration of Policy. - Cognizant of the profound impact of human activities on

all components of the natural environment particularly the effect of increasing
population, resource exploitation and industrial advancement, and recognizing the
critical importance of protecting and maintaining the natural, biological, and physical
diversities of the environment notably on areas with biologically unique features to
sustain human life and development, as well as plant and animal life, it is hereby
declared the policy of the State to secure for the Filipino people of present for future
generations, the perpetual existence of all native plants and animals through the
establishment of a comprehensive system of integrated protected areas within the
classification of national park as provided for in the Constitution.
"It is hereby recognized that these areas, although distinct in features, possess common
ecological values that may be incorporated into a holistic plan to conserve and protect
our natural heritage; that effective administration of these areas is possible only through
cooperation among the national government, local governments, concerned
nongovernment organizations, private organizations, and local communities; that the
use and enjoyment of these protected areas much be consistent with the principles of
biological diversity and sustainable development.
"To this end, there is hereby established a National Integrated Protected Areas System
(NIPAS), which shall encompass ecologically rich and unique areas and biologically
important public lands that are habitats of rare and threatened species of plants and
animals, biogeographic zones and related ecosystems, whether terrestrial, wetland or
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marine, all of which shall be designated as 'protected areas'. The System shall
recognize conservation areas and the management regimes being implemented by
local government units (LGUs), local communities and indigenous peoples (IPs).
"The State shall ensure the full implementation of this Act, the mobilization of resources
for the institutional mechanisms herein established, and the full scientific and technical
support needed for the conservation of biodiversity and the integrity of the ecosystems,
culture and indigenous practices."
"Sec. 4. Definition of Terms. - For purpose of this Act, the following terms shall be
defined as follows:
"(a) Biological diversity or biodiversity refers to the variability among the living
organisms from all sources including, inter alia, terrestrial, marine and other aquatic
ecosystems and the ecological complexes of which they are part; this includes diversity
within species, between species and of ecosystems;
"(b) Bioprospecting refers to the research, collection, and utilization of biological and
genetic resources for purposes of applying the knowledge derived therefrom solely for
commercial purposes;
"(c) Buffer zones refers to identified areas outside the boundaries of and immediately
adjacent to designated protected areas that need special development control in order
to avoid or minimize harm to the protected area;
"(d) By-products or Derivatives refers to parts taken or substances extracted from

wildlife, in raw or in processed form;
"(e) Collecting refers to the act of gathering or harvesting wildlife and its by-products or
derivatives;
"(f) Conveyance refers to every kind of vessel, including motorized or nonmotorized

vehicles, nondisplacement crafts and seaplanes that are used or may be used as a
means of transportation on land or water. It shall include everything found therein
except personal effects;
"(g) Delineation refers to the actual ground survey of the boundaries of protected areas
and their buffer zones and management and management zones using the global
positioning system (GPS) or other applicable survey instruments and technologies, with
the intention of producing a map of the area;
"(h) Demarcation refers to the establishment of the boundaries of protected areas and
their buffer zones using visible markers, monuments, buoys in case of marine areas,
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and known natural features and landmarks, among others, as a result of the actual
ground delineation;
"(i) Ecosystem goods and services refers to the multitude of material and nonmaterial
provisions and benefits from healthy ecosystems necessary for human sustenance,
well-being, and survival including support processes, provisioning and environment
regulating services, and cultural resource preservation services;
"(j) Endemic species refers to the species or subspecies of flora and fauna which are
naturally occurring and found within specific areas in the country;
"(k) Exotic species refer to the species or subspecies of flora and fauna which do not
naturally occur within the protected area at present or in historical time;
"(l) Exploration refers to the act of searching or prospecting for mineral resources, as
defines by law, by geological, geochemical or geophysical surveys, remote sensing, test
pitting, trenching, drilling, shaft sinking, tunneling, or any other means, for the purpose
of determining the existence, extent, quantity, and quality of resources in an area, and
the feasibility of utilizing these resources for profit;
"(m) Gear refers to any instrument or device and its accessories utilized in taking,
catching gathering , killing, hunting, destroying, disturbing, removing, or possessing
resources within the protected area;
"(n) Genitically modified organism (GMO) refers to any living organism that possesses a
novel combination of genetic material through the use of modern biotechnology;
"(o) Hunting refers to the killing or catching of wild fauna for food and recreational
purposes, with the use of weapons such as guns, bow and arrow, spears, traps and
snares, and the like;
"(p) Indigenous Cultural Community (ICC)/Indigenous People (IP) refers to a group of

people sharing common bonds of language, customs traditions, and other distinctive
cultural traits, and who have, since time immemorial occupied, possessed and utilized a
territory;
"(q) Integrated Protected Area Fund (IPAF) refers to the special account established for
the purpose of financing projects of the NIPAS and individual protected areas;
"(r) Invasive alien species refers to species introduced deliberately or unintentionally

outside their natural habitats where they have the ability to establish themselves,
invade, outcompete native species, and take over the new environment;
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"(s) Kaingin refers to the slash-and-burn cultivation of vegetated land in a protected

area, whether occupied or not, shifting and permanent with little or no provision to
prevent soil erosion;
"(t) Multiple-use zone refers to the area where settlement, traditional and sustainable
land use including agriculture, agroforestry, extraction activities, and income generating
or livelihood activities, and may be allowed to the extent prescribed in the protected
area management plan;
"(u) National Integrated Protected Areas System (NIPAS) refers to the classification and
administration of all designated protected areas to maintain essential ecological
processes and life-support systems, to preserve genetic diversity, to ensure sustainable
use of resources found therein, and to maintain their natural conditions to the greatest
extent possible;
"(v) National park refers to the lands of the public domain classified as such in the
Constitution which include all areas under the NIPAS pursuant to this Act, primarily
designated for the conservation of native plants and animals, their associated habitats
and cultural diversity;
"(w) Natural biotic area refers to an area set aside to allow the way of life of societies
living in harmony with the environment to adapt to modern technology at their pace;
"(x) Natural monument refers to a relatively small area focused on the protection of
small features to protect or preserve nationally significant natural features on account of
their special interest or unique characteristics;
"(y) Natural park refers to a relatively large area not materially altered by human activity
where extractive resources uses not allowed and is maintained to protect outstanding
natural and scenic areas of national or international significance for scientific,
educational, recreational use;
"(z) Occupying refers to a continuous stay of individuals or groups within a protected

area, whether residing or engaging in the cultivation of land or fishing for more that
twenty-four (24) hours;
"(aa) Poaching refers to gathering, collecting, or possessing products or natural

resources from the protected area by any individual person, corporation or entity
whether local or foreign; in the case of marine protected areas, operating any foreign
fishing vessels by any person, corporation , or entity without a permit;
"(bb) Protected area refers to identified portions of land and/or water set aside by
reason of their unique physical and biological diversity and protected against destructive
human exploitation;
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"(cc) Protected Area Occupants refers to persons who are residing, utilizing, and
cultivating areas within the protected area.1âwphi1 These include private owners, IPs,
tenured migrants and informal settlers;
"(dd) Protected Area Retained Income Account refers to the trust fund maintained by
any protected area and administered by the respective Protected Area Management
Boards (PAMB) created pursuant to this Act representing the seventy-five percent
(75%) of revenues generated from the protected area to sipport its operation and
management;
"(ee) Protected landscapes and/or seascapes refer to areas of national significance

which are charactertized by the harmanonious interaction of man and land and water
while providing opportunities for public enjoyment through recreation, tourism, and other
economic activities;
"(ff) Protected species refers to plants or animals declared protected under Philippine
laws, rules, and regulations. These shall include all species listed under the Convention
on International Trade in Endangered Species of Wild Fauna and Flora and all its
Annexes, the Convention on the Conservation of Migratory Species (CMS), those
specified under the red-list categories of the International Union for Conservation of
Nature and Natural Resources (DENR), PAMB or any government agency may deem
necessary for conservation and preservation in the protected area;
"(gg) Quarrying refers to the process of extracting, removing, and disposing sand
gravel, guano, limestone, and all other resources used as building and construction
materials that are found within the protected area;
"(hh) Resource reserve refers to an extensive, relatively isolated, and uninhabited area
which is difficult to access and is designated to protect the natural resources of the area
for future use and prevent or contain development activities that could affect the
resources, pending the establishment of sustainable resources utilization goals which
are based upon appropriate information and planning;
"(ii) Special Account in the General Fund (SAGF) refers to the trust fund deposited in
the national treasury representing the twenty-five percent (25%) of the revenues
generated from the operation of individual protected area and earmarked to support the
NIPAS;
"(jj) Strict nature reserve refers to an area possessing some outstanding ecosystem,
features, and species of flora and fauna of national scientific importance that should be
maintained to protect and to preserve nature in its undisturbed state and to preserve
nature in its undisturbed state and to preserve ecologically representative examples of
the natural environment to ensure their availability for scientific study, environmental to
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ensure their availability for scientific study, environmental monitoring, education, and for
the for the maintenance of genetic resources in a dynamic and evolutionary state;
"(kk) Tenure migrants refer to protected area occupants who have been actually,
continuously and presently occupants who have been actually, continuously and
presently occupying a portion of the protected area for five (5) years before the
proclamation or law establishing the same as a protected area, and are solely
dependent therein for subsistence;
"(ll) Threatened species refer to species or subspecies considered critically endangered,

vulnerable, or other accepted categories of wildlife whose population is at risk of
extinction;
"(mm) Wetlands refers to wide variety of inland habitats such as marshes, peatlands,
floodplains, rivers and lakes, and coastal areas such as saltmarshes, mangroves,
intertidal mudfats and seagrass beds, and also coral reefs and other marine areas no
deeper than six (6) meters at low, as well as human-made wetlands such as dams,
reservoirs, rice paddies and wastewater treatment ponds and lagoons;
"(nn) Wildlife refers to the wild forms and varieties of flora and fauna, in all
developmental stages, including those who which are in capacity or are being bred, fed,
or propagated; and
"(oo) Wildlife Sanctuary. - refers to an area which assures the natural conditions
necessary to protect nationally significant species, group of species, biotic communities
or physical features of the environment which may require specific human
manipulations for their perpetuation."
"Sec. 5. Establishment and Extent of the System. - The establishment and

operationalization of the System shall involve the following:
(a) All areas or islands in the Philippines proclaimed, designated or set aside, pursuant
to a law, presidential decree, presidential proclamation or executive order as national
park, game refuge, bird and wildlife sanctuary, wilderness area, strict nature reserve,
watershed, mangrove reserve, fish sanctuary, natural and historical landmark, protected
and managed landscape/seascape as well as old growth forests identified before the
effectivity of this Act or still to be identified, are hereby designated as initial components
of the System. The initial components of the System shall be governed by existing laws,
rules, and regulations, not inconsistent with this Act.
"(a.1.) Establishment as Protected Areas. - Aside from the areas already declared as
protected areas through acts of Congress, the following parcels of land and/or bodies of
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water are hereby established as protected areas within the classification of national park
pursuant to the Philippine Constitution:
Region Protected Area Province Area (Has.)
1 Kalbario-Patapat Natural Park Ilocos Norte 3,903.19
2 Libunao Protected Landscape Ilocos Norte 47.15
3 Bessang Pass Natural Ilocos Sur 581.05

Monument/Landmark
4 Bigbiga Protected Landscape Ilocos Sur 142.87
5 Lidlidda Banayoyo Protected Ilocos Sur 1,042.29

1 Landscape
6 Salcedo Protected Landscape Ilocos Sur 196.33

(formerly Sta. Lucia Protected
Landscape)
7 Agoo Damortis Protected La Union 10,774.68

Landscape and Seascape
8 Manleluag Spring Protected Pangasinan 1,938.83

Landscape
9 Palaui Island Protected Cagayan 8,048.57

10 Peñablanca Protected Cagayan 118,653.67

2
11 Tumauini Watershed Natural Isabela 6,509.38

Park
12 Salinas Natural Monument Nueva Vizcaya 5,966.05
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13 Casecnan Protected Landscape Quirino, Nueva 86,246.77

Vizacaya, and
Aurora
14 Amro River Protected Landscape Aurora 6,431.30
15 Dinadiawan River Protected Aurora 3,366.54

Landscape
16 Simbahan Talagas Protected Aurora 2,284.30

Landscape
3 17 Talaytay Protected Landscape Aurora 3,598.31
18 Bataan Natural Park Bataan 20,004.17
19 Roosevelt Protected Landscape Bataan 950.43
20 Masinloc and Oyon Bay Zambales 7,558.00

Protected Landscape and
Seascape
21 Las Piñas-Parañaque Critical Las Piñas City and 181.63

Habitat and Ecotourism Area Parañaque City
(LPPCHEA), also known as Las
NCR Piñas-Parañaque Wetland Park
22 Ninoy Aquino Parks and Wildlife Quezon City 23.85

Center
23 Mts. Palay-Palay-Mataas-na- Batangas and 3,972.70

Gulod Protected Landscape Cavite
4A 24 Taal Volcano Protected Batangas and 62,292.16

Landscape Cavite
25 Buenavista Protected Landscape Quezon 287.24
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26 Maulawin Spring Protected Quezon 183.15

Landscape
27 Quezon Protected Landscape Quezon 1,042.85
28 Hinulugang Taktak Protected Rizal 3.58

Landscape
29 Pamitinan Protected Landscape Rizal 609.15
30 Upper Marikina River Basin Rizal 26,125.64

Protected Landscape
31 Marinduque Wildlife Sanctuary Marinduque 9,758.71
32 Apo Reef Natural Park Occidental Mindoro 15,799.23
33 Mt. Calavite Wildlife Sanctuary Occidental Mindoro 18,172.69

4B
34 Mts. Iglit-Baco Natural Park Occidental and 106,655.62

Oriental Mindoro
35 Mt. Guiting-Guiting Natural Park Romblon 15,515.22
36 Mt. Mayon National Park Albay 5,327.15
37 Ticao Burias Pass Protected Albay, Masbate and 414,244.00

Seascape Sorsogon
5 38 Abasig-Matogdon-Mananap Camarines Norte 5,918.312

Natural Biotic Area
39 Bicol Natural Park Camarines Sur 5466.35
40 Buhi Wildlife Sanctuary Camarines Sur 1,620.65
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41 Lagonoy Natural Biotic Area Camarines Sur 443.63
42 Malabungot Protected Landscape Camarines Sur 147.71
43 Mt. Isarog Natural Park Camarines Sur 10,090.89
44 Catanduanes Natural Park Catanduanes 48,924.09
45 Bongsanglay Natural Park Masbate 518.90
46 Bulusan Volcano Natural Park Sorsogon 3641.47
47 North west Panay Peninsula Aklan and Antique 12.009.29

Natural Park
6
48 Sibalom Natural Park Antique 6,778.44
49 Northen Negros Natural Park Negros Occidental 70,826.16
50 Albirquerque-Loay-Loboc Bohol 1,165.51

Seascape
51 Chocolate Hills Natural Bohol 13,994.95

Monument
52 Panglao Island Protected Bohol 2,445.08

7 Seascape
53 Rajah Sikatuna Protected Bohol 10,964.64

Landscape
54 Talibon Group of Island Protected Bohol 6,446.31

55 Camotes Island Protected Cebue 1,436.31
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56 Olango Island Wildlife Sanctuary Cebu 1,382.29
57 Tañon Strait Protected Seascape Cebu, Negros 534,589.05

Occidental and
Oriental
58 Apo Island Protected Landscape Negros Oriental 691.40

and Seascape
59 Balisasayao Twin Lakes Natural Negros Oriental 8,016.05

Park
60 Cuatro Islas Protected Leyte 11,407.46

61 Lake Danao Natural Park Leyte 2,244.16
62 Mahagnao Volcano Natural Park Leyte 340.82
63 Guiuan Marine Resource Eastern Samar 66,725.26

Seascape
8
64 Biri Larosa Protected Landscape Northern Samar 32,284.14

and Seascape
65 Calbayog Pan-as Hayiban Samar 5,067.93

Protected Landscape
66 Samar Island Natural Park Samar, Eastern 335,105.57

Samar and Northern
Samar
9 67 Basilan Natural Biotic Area Basilan 4,545.99
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68 Aliguay Island Protected Iablea City 1,189.36

69 Turtle Islands Wildlife Santuary Tawi-Tawi 242,958.29
70 Great and Little Sta. Cruz Island Zamboanga City 1,827.16

Seascape
71 Pasonanca Natural Park Zamboanga City 12,102.08
72 Jose Rizal Memorial Protected Zamboanga del 474.82

Landscape Norte
73 Murcielagos Protected Zamboanga del 100.40

Landscape and Seascape Norte
74 Selinog Island Protected Zamboanga del 959.41

Landscape and Seascape Norte
75 Siocon Resource Reserve Zamboanga del 855.59

Norte
76 Dumanquillas Bay Protected Zamboanga del Sur 26,112.21

77 Mt. Timolan Protected Landscape Zamboanga del Sur 2,244.54
78 Buug Natural Biotic Area Zamboanga 1,261.46

Sibugay
79 Mt. Kalatungan Range Natural Bukidnon 22,225.11

Park
10
80 Mt. Timpoong Hibok-Hibok Camiguin 2,203.39
Natural Monument
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81 Mt. Inayawan Range Natural Lanao del Norte 4,236.19

Park
82 Baliangao Protected Landscape Misamis Occidental 315.50

and Seascape
83 Initao-Libertad Protected Misamis Oriental 921.02

84 Mt. Balatukan Range Natural Misamis Oriental 8,437.86

Park
85 Mabini Protected Landscape and Compostela Valley 7,292.62

Seascape
86 Mainit Hot Spring Protected Compostela Valley 1,422.63

Landscape
11 87 Aliwagwag Protected Landscape Davao Oriental and 10,261.06

Compostela Valley
88 Mati Protected Landscape Davao Oriental 884.46
89 Pujada Bay Protected Landscape Davao Oriental 20,873.43

and Seascape
90 Saragani Bay Protected General Santos City 210,887.69

Seascape and Sarangani
12
91 Mt. Matutum Protected South Cotabato and 13,947.00
Landscape Sarangani
92 Agusan Marsh Wildlife Sanctuary Agusan del Sur 40,940.96
13
93 Siargao Island Protected Surigao del Norte 283,974.77
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94 Tinuy-An Falls Protected Surigao del Sur 4,321.75

Landscape
"The boundaries and technical description of each protected area as described in the
attached Annex, which are duly certified accurate on every page thereof by the National
Mapping and Resource Information Authority (NAMRIA) are hereby adopted and made
an integral part thereof.
"The DENR, with the assistance of other government agencies, if necessary, shall
delineate and demarcate on the ground the boundaries of each protected area which
shall not be modified except by an act of Congress.
"(a.2.) The Remaining Initial Components. - Within three (3) years from the effectivity of
this Act, the DENR shall undertake the following activities in preparation for the
establishment of the remaining initial components as protected areas through an act of
Congress:
"(1) Provide maps and technical descriptions of the areas;
"(2) Conduct suitability assessment of the areas; and
"(3) Conduct public consultations.
Any initial component that does not satisfy the abovementioned requirements shall be
disestablished pursuant to Section 7 of this Act.
"(b) All DENR records pertaining to said protected areas, including maps and technical
descriptions or natural boundaries, copies of rules and regulations governing them,
copies of public notices of, and reports submitted to Congress regarding pending
additions, eliminations, or modifications shall be made available to the public. These
legal documents pertaining to protected areas shall also be available to the public in the
respective DENR Regional Offices, Provincial Environment and Natural Resources
Offices (PENROs) and Community Environment and Natural Resources Offices
(CENROs) and Protected Area Management Offices (PAMOs) where protected areas
are located;
"(c) The DENR shall conduct a suitability assessment for each of the proposed
protected area. If found suitable for inclusion in the System according to the categories
established in Section 3 hereof, a report containing the following items shall be
submitted to the president as soon as the study is completed, to wit:
"(1) A Protected area occupants survey;
"(2) An ethnographic study;
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"(3) A protected area resource profile;
"(4) Land and water use plans; and
"(5) Other background studies.
"(d) In the conduct of public consultation, the DENR shall:
"(1) Notify the public of proposed action through publication in a newspaper of general
circulation and such other means including notices to the stakeholders that will likely be
affected within the respective localities, thirty (30) days prior to the public consultation;
"(2) Conduct public consultation at locations near the proposed protected area;
"(3) Invite all local government units (LGUs) in the affected areas, national agencies
concerned, people's organizations (POs) and nongovernment organizations (NGOs)
and request for corresponding postion papers; and
"(4) Prepare recommendations based on the views and comments gathered from public
consultation;
"(e) Upon receipt of the recommendations of the DENR, the President shall issue a
proclamation establishing the proposed protected areas and providing for measures for
their protection until the time when Congress shall have enacted a law finally declaring
the recommended areas as part of the System; and
"(f) Upon completion of the appropriate review, the President shall recommend to the
Senate and the House of Representatives the designations of protected areas ot
reclassification of each area."
"Sec. 6. Additional Areas to be Included into the System. - Upon the recommendation of
the DENR, additional areas with unique physical features, anthropological significance
and high biological diversity may be proposed for inclusion as part of the System. Such
areas shall undergo the same procedure as the remaining initial components for
legislative enactment."
"Sec. 8. Buffers Zones. - When necessary, the DENR Secretary, upon the
recommendation of the PAMB, may be designate areas surrounding the protected
areas as buffer zones for the purpose of providing extra layer of protection where
restrictions may be applied: Provided, That, in cases where the designated buffer zone
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would cover private lands, the owners thereof shall be required to design their
development with due consideration to the protected area management plan."
"Sec. 9. Management Plan. -Within one (1) year from the establishment of the protected
area there shall be a management plan formulated for each protected area that small
serve as the basic long-term framework plan for the management of the protected area
and guide in the preparation of its annual operations plan and budget.
"The management plan shall, at the minimum, promote the adoption and
implementation of innovative management techniques including, when necessary,
zoning, buffer zone management, habitat conservation and rehabilitation, diversity
management, community organizing and development, socioeconomic and scientific
researches, site-specific policy development, climate change adaptation and mitigation,
disaster risk reduction and management, waste sewerage and septic management, and
gender and development, among others.
"The plan shall be harmonized with the Ancestral Domain Sustainable Development and
Protection Plan (ADSDPP) required under Republic Act No. 8371, or "The Indigenous
People's Right Act of 1997', the respective Compreshensive Land Use Plans (CLUPs)
of local governments required under Republic Act No. 7160 or the 'Local Government
Code of 1991' and other local plans."
"Sec. 10. Administration and Management of the System. - The National Integrated
Protected Area System (NIPAS) is hereby placed under the control and administration
of the DENR through the Biodiversity Management Bureau (BMB).
"To carry out the mandate of this Act, the secretary of the DENR is empowered to
perform the following acts:
"(a) Issue a system-wide set of rules and regulations to implement the provision of this
Act;
"(b) Set standards, procedures, and protocols for the establishment and management of
protected areas and the System, such as, but not limited to conduct of study, zoning,
review of plans and project proposals, specifications and types of buildings and other
structures, and installation of uniform markers and symbols;
"(c) Deputize field officers and other technical and support personnel;
"(d) Determine a system-wide set of fees and charges to ensure sustainable financing of
protected areas and the System;
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"(e) Impose administrative fines and penalties;
"(f) Report on the status of the Integrated Protected Area Fund (IPAF), its collection of
fees, and disbursements from the IPAF;
"(g) Designate the appropriate Chairperson of each PAMB;
"(h) Enter into contracts and/or agreements with private entities or public agencies as
may be necessary to carry out the objectives of the System;
"(i) Accept in the name of the Philippine Government and in behalf of NIPAS funds, gifts
or bequest of money for immediate disbursements or other property in the interest of the
NIPAS, its activities or its services;
"(j) Call on any agency or instrumentality of the Government as well as academic

institutions, NGOs and the private sector as may be necessary to accomplish the
objectives and activities of the System;
"(k) Submit an annual report to the President of the Republic of the Philippines and to
Congress on the status of protected areas in the country;
"(l) Oversee and set guidelines in the construction, operations and maintenance of
roads, trails, waterworks, sewerage systems, fire protection, sanitation systems and
other public utilities within the protected area;
"(m) Within the limits allowed by existing laws, rules and regulations ensure that
settlement areas inside the protected area shall not be expanded and that coverage
shall only be limited to the original area/s occupied by tenured migrants and indigenous
communities; and
"(n) Perform such other functions as may be directed by the President of the Republic of
the Philippines, and to do cuh acts as may be necessary to the accomplishment of the
purposes and objectives of the System."
Section 9. Section 11 of the Republic Act No. 7586 is hereby amended to read as
follows:
"Sec. 11. Protected Area Management Board (PAMB). - Within three (3) months after
the effectivity of this Act, a PAMB shall be created for each of the protected areas
designated as initial component, established by presidential proclamation, and declared
by law. The Board shall be composed of the following:
"(a) DENR Regional Director under whose jurisdiction the protected area is located, as
Chairperson;
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"(b) Governor/s of the province/s where the protected area is located or their duly
designated representative/s;
"(c) A Senator of the Republic of the Philippines who is a duly registered resident of the
city or province where the protected area is located or a duly authorized representative,
unless the Senator declines membership in the PAMB;
"(d) District Representative/s of the Congressional district/s where the protected area is
located or their duly designated representatives, unless the District Representative
declines membership in the PAMB;
"(e) Mayor/s of the city/cities or municipality/municipalities where the protected area is

located or their duly designated representative/s;
"(f) Chairpeson/s of the barangay/s where the protected area is located;
"(g) Regional Directors of the following government agencies, namely: the Department
of Agriculture (DA), the National Economic and Development Authority (NEDA), the
Department of Science and Technology (DOST), the Philippine National Police (PNP),
and the Department of National Defense (DND);
"(h) Three (3) representatives from either an NGO or PO, duly accredited both by the
DENR and the provincial government. The NGO or PO represented should have been
in existence for at least five (5) years and with track record in or related to protected
area management;
"(i) At least one (1) but not more than three (3) representatives from all the IPs/ICCs
present in the area and recognized by the National Commission on Indigenous Peoples
(NCIP);
"(j) One (1) representative from an academic institution, preferably from a university or
college in the province where the protected area is located, with proven track record in
or related is located, with proven track record in or related to the protected area
management; and
"(k) One (1) representative from the private sector, preferably a resident of the province
where the protected area is located, who is distinguished in a profession or field of
interest relevant to the protected area management.
" Ex officio members or members of the PAMB by virtue of their elective or appointive
government positions as specified in the immediately preceding subparagraphs (a), (b),
(c), (d), (e), (f), and (g), shall serve for the duration of their respective terms of office in
their respective elective or appointive government positions.
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"On the other hand, the members of the PAMB specified under subparagraphs (h), (i),
(j), and (k) of this section shall be appointed by the DENR Secretary after the conduct of
a transparent and fair selection process. They shall each serve a term of three (3) years
and may be reappointed for another term.
The members of the PAMB shall serve without compensation, except for the actual and
necessary traveling and subsistence expenses incurred in the performance of their
duties, either in their attendance in meetings of the PAMB or in connection with other
official business authorized througha resolution of the PAMB, subject to existing rules
and regulations. Each member shall have the full capacity and accountability for
decisions binding to the member's sector.
"The PAMB members duly appointed prior to the effectivity of this Act shall continue
their term until the expiration of their appointment. Thereafter, members of the
management board shall be apointed in accordance with the provisions of this
Act: Provided, That the Regional Director of the DENR shall ensure that the relevant
members of the PAMB are duly appointed by the DENR Secretary: Provided,
further, That at least forty percent (40%) of the PAMB members shall be women,
pursuant to Republic Act No. 9710 or 'The Magna Carta of Women'.
"A member of the PAMB may be removed for any of the following grounds:
"(1) More than three (3) consecutive unexcused absences from regular meetings of the
management board;
"(2) Commission of acts prejudicial to the management of protected areas as embodied

in Section 20 hereof and/or other existing rules and regulations governing protected
areas;
"(3) Disassociation from the office or organization being represented;
"(4) Termination of relationship with the office or organization being represented; or
"(5) Conviction by final judgment of any criminal act."
Section 10. Insert two (2) new sections after Section 11 of Republic Act No 7586 to
read as follows:
"Sec. 11-A. Powers and Functions of the PAMB. - The PAMB shall have the following
powers and functions:
"(a) Oversee the management of the protected area;
"(b) Approve policies, plans and programs, proposals, agreements, and other related
documents for the management of the protected areas;
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"(c) Approve the management plan of the protected area and ensure its harmonization
and integration with the ADSDPP, land use plan and other development plan public or
private, and its implementation;
"(d) Adopt a manual of operations to include rules of procedures in the conduct of

business, and the creation of committees and their respective terms of reference;
"(e) Recommend the deputation of appropriate agencies and individuals for the
enforcement of the laws, rules and regulations governing the management of protected
area;
"(f) Allocate financial resources for the implementation of the management plan and
manage the Protected Area Retention Income Account and and other funds in
accordance with the accounting and budgeting rules and regulations;
"(g) Set fees and charges in accordance with the existing guidelines;
"(h) Issue rules and regulations for the resolution of conflicts through appropriate and
effective means;
"(i) Recommend appropriate policy changes to the DENR and other governing
authorities;
"(j) Monitor and assess the performance of the protected area personnel and
compliance of partners with the terms and conditions of any undertaking, contract or
agreement;
"(k) Recommend from among a shortlist of qualified candidates, the designation or

appointment of the PASU; and
"(l) Assess the effectiveness of the management of the protected area: Provided, That
the members of the management board representing the LGUs and national agencies in
the PAMB shall inform their respective constituents, offices or sectors, of PAMB-
approved or other relevant policies, rules, regulations, programs, and projects and shall
ensure that the provisions of this Act and its implementing rules and regulations are
complied with, and used as reference and framework in their respective plans, policies,
programs, and projects. Failure to comply with the foregoing shall be the basis for
disciplinary action against such member according to administrative rules and
regulations and such penalties as the PAMB may provide: Provided, further, That The
DENR, through the Regional Director, shall ensure that the PAMB acts within the scope
of its powers and functions. In case of conflict between the resolutions issued by the
PAMB and the existing administrative orders of national application, the latter shall
prevail."
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"Sec. 11-B. The Protected Area Management Office (PAMO). - There is hereby
established a Protected Area Management Office (PAMO) to be headed by a Protected
Area Superintendent (PASU) with a permanent plantilla position who shall supervise the
day management, protection and administration of the protected area. A sufficient
numberof support staff with permanent plantilla position shall be appointed by the
DENR to assist the PASU in the management of the protected area.
"The PASU shall be primarily accountable to the PAMB and the DENR for the
management and operations of the protected area. Pursuant thereto, the PASU shall
have the following duties and responsibilities:
"(a) Prepare the management plan, in consultation with the stakeholders, including the
annual work and financial plans and ensure its implementation;
"(b) Ensure the integration of the protected area management plans, programs,
projects, and policies with relevant national and LGUs' plans and programs;
"(c) Provide secretariat services to the PAMB and its committees and ensure the
availability of relevant and timely information for decision-making;
"(d) Formulate and recommend to the PAMB proposed policies, rules, regulations, and
programs;
"(e) Establish, operate, and maintain a database management system which shall be an
important basis for decision-making;
"(f) Enforce the laws, rules and regulations relevant to the protected area. Commence
and institute administrative and legal actions in collaboration with other government
agencies or organizations, and assist in the prosecution of offenses committed in
violation of this Act;
"(g) Monitor, evaluate, and report the implementation of management activities of

protected area;
"(h) Request for and receive any technical assistance support or advice from any
agency or instrumentality of the government as well as academic institutions, NGOs,
and the private sector, as may be necessary for the effective management, protection
and administration of the protected area;
"(i) Issue permits and clearances for activities that implement the management plan and
other permitted activities in accordance with terms, conditions, and criteria established
by the PAMS: Provided, That all permits for extraction activities, including collection for
research purposes, shall also continue to be issued by relevant authorities, subject to
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prior clearance from the PAMB, through the PASU, in accordance with the specific acts
to be covered;
"(j) Collect and/or receive pertinent fees, charges, donations, and other income for the
protected area: Provided, That such fees, charges, donations, and other income
collected /received shall be reported regularly to the PAMB and the DENR in
accordance with existing guidelines;
"(k) Prepare and recommend to the management plan; and
"(l) Perform such other functions as the PAMB and the DENR may assign.
"The PAMO may be augmented by the deputized local environment and natural
resources officers upon the recommendation of the PAMB and approval of the DENR."
"Sec. 12. Environmental Impact Assessment (EIA). Considering that protected areas
are environmentally critical areas, the proponent of development projects and activities
with potentially significant adverse impacts as determined by the Environmental
Management Bureaus (EMB), whether or not these projects or activities are included in
the management plan, shall secure an Environmental Compliance Certificate (ECC) in
accordance with the Philippine Environment Impact Statement (EIS)
System: Provided, That for development projects and activities that are not
environmentally critical, an initial environmental examination (IEE) shall be undertaken
instead of a full-blown EIA. No project or activity may be undertaken by any project
proponent without prior clearance from the PAMB. The DENR shall require the
submission of the PAMB clearance, among others, before issuing an ECC to a project
proponent.
"No actual implementation of such activities shall be allowed without the required ECC
under the Philippine EIA System. Violations of environmental laws, rules and
regulations, including those under the EIA System, shall be penalized accordingly."
"Sec. 13. Ancestral Domains and Customary Rights. - ancestral domains and customary
rights shall be accorded due recognition.
"As part of heritage preservation and pursuant to the need to conserve biologically
significant areas, the territories and areas occupied and conserved for and by IPs and
communities shall be recognized, respected, developed, and promoted.
"The ICCs and IPs concerned shall have the responsibility to govern, maintain, develop,
protect, and conserve such areas, in accordance with their indigenous knowledge
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systems and practices and customary law, with full and effective assistance from the
NCIP, DENR and other concerned government agencies.
"A mechanism for coordination and complementation between the indigenous traditional
leadership and governance structures and the NCIP, DENR, government agencies,
concerned LGUs and civil society organizations shall be created."
Section 13. Section 14 of Republic Act. No. 7586 is hereby amended as follows:
"Sec. 14. Energy Resources. - Consistent with the policies declared in Section 2 hereof,
the exploration for energy resources may be allowed in protected areas only for the
purpose of gathering data and information and only if such activity is carried out with the
least damage to surrounding areas.
"Surveys for nonrenewable energy projects shall be conducted only in accordance with
a program approved by the DENR, and the result of such surveys shall be made
available to the public and submitted to the President who shall make the appropriate
recommendations to Congress. The development and operation of nonrenewable
energy projects are prohibited in areas categorized as strict nature reserves and natural
parks.
"Renewable energy projects may be allowed within the protected area by the PAMB
with the concurrence of the DENR Secretary: Provided, That renewable energy
projects, which shall be located outside the strict protection zones, shall undergo the
EIA as provided by law, and shall adopt reduces impact technologies so as not to be
detrimental to ecosystem functions, biodiversity, cultural practices and
traditions: Provided, That sufficient bond shall be remitted by the proponent to the
DENR. The amount of which will be based on damage estimation upon
decommissioning and projected cost of rehabilitation. It shall be released to the
depositor upon the satisfactory decommissioning of all equipment, structures and
improvements and the rehabilitation of the site according to the zones and objectives of
the management plan as attested to the PAMB."
"Sec. 15. Areas Under the Management of Other Departments and Government
Instrumentalities. - Should there be protected areas, or portions thereof, under the
jurisdiction of government instrumentalities other than the DENR, such jurisdiction shall
remain in the said department or government instrumentality: Provided, That the DENR
shall retain its oversight function over such protected areas, and the concerned agency
shall provide annual reports on the management of said areas focusing on the
conservation of the biodiversity therein."
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Section 15. Section 16 of Republic Act No. 7586, as amended by Republic Act. No.
10629, is hereby further amended to read as follows:
"Sec. 16. Integrated Protected Area Fund (IPAF). - There is hereby established a trust
fund to be known as Integrated Protected Area Fund (IPAF) for purpose of financing the
projects and sustaining the operation of protected areas and the System. Income
generated from the operation and management of protected area shall accrue to the
IPAF. The income shall be derived from fees and charges from the use of resources
and facilities of protected areas; contributions from industries and facilities directly
benefiting from the protected area; and such other fees and income derived from the
operation of the protected area.
"The PAMB shall retain seventy-five percent (75%) of all revenues raised through the
above means, which shall be deposited in the Protected Area-Retained Income Account
(PA-RIA) in any authorized government depository bank within the
locality: Provided, That disbursement out of such deposits shall be used solely for the
protection, maintenance, administration, and management of the protected area and
implementation of duly approved projects of the PAMB.
"Grants, donations, and endowments from various sources, domestic or foreign, shall
be deposited in full in a special account in the National Treasury to be used for the
purpose specified in the deeds and instruments covering them.
"Voluntary or legislated payments for ecosystem goods and services, including fines,
penalties, and compensation for damages from protected area offenses shall accrue
fully to the PA-RIA and shall be managed by the PAMB.
"The remaining twenty-five percent (25%) of revenues shall be deposited as a special

account in the General Fund in the National Treasury for purposes of financing the
projects of the System.
"The use of the IPAF shall be in accordance with existing accounting, budgeting, and
auditing rules and regulations: Provided, further, That the IPAF shall not be used to
cover personal services expenditures.
The DENR shall submit to the Department of Budget and Management (DBM) and the
Department of Finance (DOF) quarterly reports on the financial and physical
accomplishments on the utilization of the IPAF and other documents as may be
required by the DBM, and shall furnish a copy of the same to the House Committee on
Appropriations and the Senate Committee on Finance."
Section 16. A new Section 16-A of Republic Act No. 7586 as amended by Republic Act
No. 10629, shall read as follows:
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"Sec. 16-A Tax Exemption. - All grants, bequests and endowments, donations and
contributions made to the protected area fund to be used actually, directly, and
exclusively by the protected area, shall be exempted from donor's tax and shall be
considered as allowable deduction from the gross income of the donor for the purpose
of computing the taxable income of the donor in accordance with the provisions of the
National Internal Revenue Code of 1997, as amended."
"Sec. 19. Special Prosecutors and Retained Counsel. - Within thirty (30) days from the
effectivity of this Act, the Department of Justice (DOJ) shall appoint special prosecutors
to prosecute violations of laws, rules and regulations in protected areas. The special
prosecutors shall coordinate with the PAMB and the PASU in the performance of duties
and assist in the training of wardens and rangers in arrest and criminal procedures. The
PAMB may retain the services of counsel to prosecution of cases under the direct
control and supervision of the regular or special prosecutor. Said counsel shall also
represent and defend the members of the PAMB, PASU and the staff, or any DENR-
deputized individual and volunteer, against any legal action arising from the
performance of their powers, functions and responsibilities as provided in this Act."
"Sec. 20. Prohibited Acts. - Except as may be allowed by the nature of their categories
and pursuant to rules and regulations governing the same, the following acts are
prohibited within protected areas:
"(a) Poaching, killing, destroying, disturbing of any wildlife including in private lands
within the protected area;
"(b) Hunting, taking, collecting, or possessing of any wildlife, or by-products derived

therefrom, including in private lands within the protected area without the necessary
permit, authorization or exemption: Provided, That the PASU as authorization or
exemption only for culling, scientific research , the exemptions provided under Section
27(a) of Republic Act No. 9147 (Wildlife Resources, Conservation and Protection Act) or
harvests of nonprotected species in multiple-use zones by tenured migrants and IPs;
"(c) Cutting, gathering, removing or collecting timber within the protected area including
provate lands therein, without the necessary permit, authorization, certification of
planted trees or exemption such acts are done in accordance with the duly recognized
practices of the IPs/ICCs for subsistence puposes;
"(d) Possessing or transporting outside the protected area any timber, forest products,
wildlife, or by-products derived therefrom which are ascertained to have been taken
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from the protected area other that exotic species, the culling of which has been
authorized under an appropriate permit;
"(e) Using any fishing or harvesting gear and practices or any of their variations that
destroys coral reefs, seagrass beds or other marine life and their associated habitats or
terrestrial habitat as may be determined by the DA or the DENR; Provided, That mere
possession of such gears within the protected areas shall be prima facie evidence of
their use;
"(f) Dumping, throwing, using, or causing to be dumped into or places in the protected
area of any toxic chemical, noxious or poisonous substance or nonbiodegradable
material, untreated sewage or animal waste or products whether in liquid, solid or gas
state, including pesticides and other hazardous substances as defined under Republic
Act No. 6969, otherwise known as the "Toxic Substances and Hazardous and Nuclear
Waste Control Act of 1990' detrimental to the protected area, or to the plants and
animals or inhabitants therein;
"(g) Operating any motorized conveyance within the protected area without permit from
the PAMB, except when the use of such motorized conveyance is the only practical
means of transportation of IPs/ICCs in accessing their ancestral domain/land;
"(h) Altering, removing, destroying or defacing boundary marks or signs;
"(i) Engaging in 'kaingin' or, any manner, causing forest fires inside the protected area;
"(j) Mutilating, defacing, destroying, excavating, vandalizing or, in any manner damaging
any natural formation, religious, spiritual, historical sites, artifacts and other objects of
natural beauty, scenic value or objects of interest to IPs/ICCs;
"(k) Damaging and leaving roads and trails in damaged condition;
"(l) Littering or depositing refuse or debris on the ground or in bodies of water;
"(m) Possessing or using blasting caps or explosives anywhere within the protected
area;
"(n) Occupying or dwelling in any public land within the protected area without clearance
from the PAMB;
"(o) Constructing, erecting, or maintaining any kind of structure, fence or enclosure,

conducting any business enterprise within the protected area without prior clearance
from the PAMB and permit from the DENR, or conducting these activities in a manner
that is inconsistent with the management plan duly approved by the PAMB;
"(p) Undertaking mineral exploration or extraction within the protected area;
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"(q) Engaging in commercial or large-scale qaurrying within the protected area;
"(r) Establishing or introducing exotic species, including GMOs or invasive alien species
within the protected area;
"(s) Conducting bioprospecting within the protected area without prior PAMB clearance
in accordance with existing guidelines: Provided, That in addition to the penalty
provided herein, any commercial use of any substance derived from nonpermitted
bioprospecting within a protected area will not be allowed and all revenue earned from
illegal commercialization thereof shall be forfeited and deposited as part of the I{AF;
"(t) Prospecting, hunting or otherwise locating hidden treasure within the protected area;
"(u) Purchasing or selling, mortgaging or leasing lands or other portions of the protected
area which are covered by any tenurial instrument; and
"(v) Constructing any permanent structure within the forty (40)-meter easement from the
high water mark of any natural body of water or issuing a permit for such construction
pursuant to Article 51 of Presidential Decree No. 1067: Provided, That construction for
common usage wharves and shoreline protection shall be permitted by the PAMB only
after thorough EIA."
"Sec. 21. Penalties. - Violation under this Act shall be subject to the following penalties:
"(a) A fine of not less than Two hundred thousand pesos (P200,000) but not more than
One million pesos (P1,000,000) or imprisonment from one (1) year but not more than
six years, or both, plus damages of triple the value of the said resources, or both, shall
be imposed upon any person who violates paragraphs (a) to (e) of Section 20 herein;
"(b) A fine of not less than Two hundred thousand pesos (200,000) but not more than
One million pesos (P1,000,000) or imprisonment from one (1) year but not more than
six years, or both, shall be imposed upon any person who violates paragraphs (f) to (p)
of Section 20 herein;
"(d) A fine of Fifty thousand pesos (P50,000) daily shall be imposed on the owner of
existing facilities within a protected area under Section 24 of this Act, if the existence of
the same and its future plans and operations will be detrimental to the protected area.
For every continuing violation, or if the violation continues to be committed for thirty (30)
days and upon reaching a total fine of Five hundred thousand pesos (P500,000), the
PAMB through the PASU and other deputized government entities, shall cause the
cessation of operation and either forfeit in favor of the PAMO or demolish the facility at
the cost of its owner. If the facility is government-owned, the agency in change shall
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submit a plan for a substitute facility that complies with the protected area standards
and, within one (1) year, execute the approved protected area management plan;
"(e) Administrative fines of not less that Fifty thousand pesos (P50,000), but not
exceeding Five million pesos (P5,000,000), shall be imposed by the DENR Secretary
for the violation of any rule, regulation, or provision of any agreement reached with the
PAMB: Provided, That if an area which has sustained damage from any activity
conducted therein requires rehabilitation or restoration as determined by the court, the
offender shall be required to restore of pay compensation for damage, which payment
shall accrue to the IPAF.
"On the basis of a court order, the DENR shall cause the eviction of an offender from
the protected area: Provided, That in cases of emergency, the DENR Secretary may
order the immediate exit or departure the offender from the protected area. The DENR
Secretary may call on other enforcement agencies to assist in executing the order to
vacate.
"An emergency occurs when there is a demonstrated impending threat to human life
and biodiversity or to species found within yje ecosystem of the protected area.1âwphi1
"All minerals, timber or species collected or removed from the protected area, including
all equipment, devices, conveyances, and firearms used in connection therewith, shall
be forfeited in favor of the government, and any construction or improvement made
thereon by the offender shall be subject to confiscation by the PAMO, subject to the
application of due process.
"The conveyance, vessels, equipment, paraphernalia, implements, gears, tools, and

similar devices used in the commission of the crime shall de dealth with in accordance
with Part 4, Rule 12 (Custody and Disposition of Seized Items, Equipment,
Paraphernalia, Conveyance and Instruments) of Administrative Matter No. 09-6-8-SC
(Rules of Procedures for Environmental Cases) issued by the Supreme Court. However,
in no case shall any confiscated or rescued protected animal species be sold or in any
manner disposed of but shall be immediately turned over to the PAMO for rehabilitation
and release to its natural habitat, subject to existing regulations. Valuation of the
damages shall take into account biodiversity and conservation considerations as well as
aesthetic and scenic value. The valuation and assessment by the DENR, in
coordination with other concerned government agencies, shall be presumed regular,
unless otherwise proven by the preponderance of evidence.
"If the offender is an association or corporation, the president or manager, who is

proven to have participated in or have actual knowledge of any violation against the
provisions of this Act shall be directly liable for the act of the employees and
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laborers: Provided, finally, That the DENR may impose administrative fines and
penalties consistent with this Act.
"Any person who shall induce another or conspire to commit any of the acts prohibited
in this Act, or firce their workers to commit any of the same, shall be liable as principal.
"The penalties specified in this section shall be in addition to the penalties provided in
Republic Act No. 9072 or the National Caves and Cave Resources Management and
Protection Act', Republic Act No. 9147 or the 'Wildlife Resources Conservation and
Protection Act', Republic Act No. 8550 or the 'Philippine Fisheries Code of 1998' and
other related laws.
"The conviction of a public officer of the law whether from the LGU or any national
government agency for any violation of the provisions of this Act shall carry the
accessory penalty of perpetual; disqualification from public office."
Section 20. Insert twelve (12) new sections after Section 21 of Republic Act No. 7586
to read as follows:
"Sec. 22. Existing Rights. - All property and private rights within the protected area and
its buffer zones already existing and/or vested upon the effectivity of this Act shall be
protected and respected in accordance with existing laws: Provided, That the exercise
of such property and private rights shall be harmonized, as far as practicable, with the
provisions of this Act. Notwithstanding this Act, all existing rights, contracts, or
agreements entered into by government for utilization of natural resources within
protected areas shall continue to be recognized and governed by Philippine laws.
"The renewal of permits, contracts, and agreements shall be subject to the provisions of
this Act. If the permits, contracts, agreements are not renewed, such areas shall be
rehabilitated or restored by the permit holders within the period provided by the
pertinent laws and shall revert to the national parks classification. As such, all holders of
permits, contracts, and agreements are required to prepare and submit a rehabilitation
plan to the PAMB: Provided, That upon renewal, a sufficient bond shall be remitted by
the proponent to the DENR to be released to the depository bank in the event of
damage by a closure of the establishment after satisfactory rehabilitation according to
the zones and objectives of the management plan as attested to by the PAMB.
"The occupation of the LGUs and communities within the protected area shall be
respected. Within ninety (90) days after the creation of the PAMB, the Board shall
assess the physical occupation of said LGUs and communities within protected areas
and recommend to proper authorities measures to ensure the protection of their well-
being. Municipalities and cities with existing townships and town centers within the
protected area shall continue to occupy such townships and town
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centers: Provided, That in the development of their CLUPs and barangay development
plans, due consideration shall be given to the intended for conservation and biodiversity
as well as the obejctives for protected areas to keep human habitation and
environmental conservation in harmony."
"Sec. 23. Tenure Migrants and Other Protected Area Occupants. - Tenure migrants
shall be eligibile to become stewards portions of lands within multiple-use zones, The
PAMB shall identify, verify and review all tenurial instruments, land claims, issuances of
permits for resource use within the protected area and recommend the issuance of the
appropriate tenure instrument consistent with the zoning provided in the management
plan and the provisions of this Act.
"Should areas occupied by tenured migrants be designated as zones in which no

occupation or other activities are allowed pursuant to the attainment of sustainable
development, the provision for the transfer of the tenure migrants to multiple-use zones
or buffer zones shall be accomplished through just and humane means: Provided, That
protected area occupants who are not qualified as tenured migrants shall be resettled
outside the protected area.
"The rights of the tenured migrants may be transferred only to the spouse or one of their
direct descendants listed at the time of the survey."In the event of termination of a
tenurial instrument for cause or by voluntary surrender of rights, the PASU shall take
immediate steps to rehabilitate the are.
"Following the protected area occupants survey required under Section 5(c)(1) hereof,
the DENR Regional Director shall submit to the BMB within two (2) years from the
passage of this Act, the final list of tenured migrants, which shall be the basis for
tenured migrants recognition and issuance of tenurial instruments. Within the two (2)-
year period, the DENR Regional Director shall submit accomplishment report every 6
(6) months.
"The DENR through the BMB shall issue guidelines for the determination of the
reckoning period for the recognition of the tenured migrants."
"Sec 24. Existing Facilities Within the Protected Area. Within sixty (60) days from the
effectivity of this Act, an inventory of all existing facilities such as roads, buildings and
structures, water systems, transmission lines, communication facilities, heavy
equipment, and irrigation facilities, among others, within the protected area shall be
conducted.
"The DENR Regional Director shall submit the inventory of the facilities with
corresponding descriptions and an assessment report containing the appropriate
recommendations to the DENR Secretary through the BMB.
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"The PAMB, with the assistance of the DENR, may impose conditions for the
continuous operation of a facility found to be detrimental to the protected area until its
eventual relocation. If the conditions are violated, the owner of the facility shall bemade
liable pursuant to Section 21 (d) hereof.
"Existing facilities allowed to remain within the protected area shall be charged a
reasonable fee by the PAMB based on existing guidelines. Structures found within the
forty (40)-meter easement shall be demolished unless proven necessary to protect the
shoreline and mitigate habitat destruction. The PAMB shall levy a reasonable fee for the
use of such easement for their continued operations. Wharves shall be kept accessible
to the public.
"Sec. 24. Special Uses Within Protected Areas. - Consistent with Section 2 hereof,
special uses may be allowed within protected area except in strict protection zones and
strict nature reserves. The PAMB mat recommend the issuance of tenurial instrument
subject to compliance to ECC and payment of corresponding user fee equivalent to five
percent (5%) of the zonal value of commercial land within the nearest barangay or
municipality where the project is located multiplied by the area of development plus one
percent (1%) value of improvement as premium: Provided, That the activity shall not be
detrimental to ecosystem functions and biodiveristy, and cultural practices and
traditions.
"A sufficient bond shall be remitted by the proponent to the DENR to be released to the
depository bank in the event of damage by or closure of the establishment after the
satisfactory rehabilitation according to the zones and objectives of the management
plan as attested by the PAMB."
"Section 26. Local Government Units. (LGUs). - The LGUs within the protected area
shall participate in its management through representation in the PAMB as provided for
in this ACT. Said LGUs may appropriate portions of their share from the annual internal
revenue allotment and other income for use of the protected area: Provided, That all
funds directly coming from the LGUs shall be exempted form twenty-five percent (25%)
remittance requirement for the IPAF under Section 16 hereof.
The LGUs shall continue to impose and collect other fees not enumerated under
Section 16 hereof which they have traditionally collected, such as business permits and
rentals of LGU facilities: Provided, That the LGUs shall not impose property tax on
properties owned by the government nor issue any tax declarations for areas covered
by the protected area. Furthermore, LGUs may charge add-ons to fees imposed by the
PAMB: Provided, That such add-ons shall be based on the contribution of the LGUs in
the maintenance and protection of the protected area.
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"LGUs with territory inside protected areas shall align their CLUPs, local development
plans, disaster risk reduction management plans and other required plans according to
the objectives specified herein and in the protected area management plans. Within six
(6) months from the approval of the protected area management plan, the PAMB and
the PASU shall collaborate with the LGU concerned in the formulation of the CLUP and
other local plans and in the enforcement thereof. The concerned LGU official shall be
held administratively and criminally liable for failure to enforce and/or implement the
provisions of this Act."
"Section 27. Reporting Responsibility. - The PASU, through the PAMB, shall submit an
annual accomplishment report of the protected area to the Secretary of DENR through
the BMB. A report on the conditions and benefits of the biological resources and
ecosystem services of the protected area shall also be submitted by the PASU, through
channels, to the Secretary of the DENR every five (5) years. Consequently, the BMB
shall likewise prepare a National State of Protected Areas (NSPAs) report every five (5)
years and shall submit the same to the President, the senate and the House of
Representatives."
"Section 28. Appropriations. - The Secretary of the DENR shall immediately include in
the DENR's program the implementation of this ACT, the funding of which shall be
included in the annual General Appropriations Act."
"Section 29. Construction and Interpretation. The provisions of this Act shall be
construed liberally in favor of the protection and rehabilitation of the protected area and
the conservation and restoration biological diversity taking into account the needs and
interests of qualified tenured migrants, vested rights, IPs and local communities, and the
benefits from ecosystem services and functions of protected areas, for present and
future generations: Provided, That nothing in this Act shall be construed as a diminution
of local autonomy or in derogation of ancestral domain rights under the Indigenous
Peoples' Rights Act of 1997."
"Section 30. Subsequent Site-Specific Legislation. - Upon the generation of site-specific

requirements for new legislation, the PAMB, through the DENR, shall endorse to
Congress for its consideration and enactment site-specific proposals to appropriately
respond to the distinct and particular needs and conservation requirements of the
protected areas in each locality. Protected areas that may be later established or
declared pursuant to this Act shall likewise undergo the same requirements of site-
specific legislation."
"Section 31. Joint Congressional Oversight Committee. - To monitor and oversee the
implementation of this Act, a Joint Congressional Oversight Committee is hereby
created. It shall be composed of the Chairpersons of the Senate Committee on
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Environment and Natural Resources and the House Committee on Natural Resources
as Chairperson and Co-chairperson, respectively, five (5) members each from the
Senate and the House of Representatives as memberss: Provided, That two (2) of the
five (5) members are nominated by the respective minority leaders of the Senate and
the House of Representatives."
"Section 32. Implementing Rules and Regulations (IRR). Within six (6) months from the
effectivity of this Act, the DENR shall prepare the IRR of this Act."
"Section 33. Transitory Provision. - In order to enhance biological diversity and to

develop sustainable livelihood opportunities for tenure migrants, the DENR shall
henceforth cease to issue concessions, licenses, permits, clearances, compliance
documents or other instruments that allow utilization of resources within the protected
area until the management plan shall have been put into effect.
"All existing land use and resource use permits issued for purposes which are
authorized within the protected area shall be reviewed and shall not be renewed upon
their expiration unless consistent with the management plan and approved by the
PAMB."
Section 21. Separability Clause. - If any provision of this Act is declared

unconstitutional or invalid, other parts or provisions hereof not affected thereby shall
continue to be in full force and effect.
Section 22. Repealing Clause. - All laws, decrees, executive orders, rules and
regulations or parts thereof which are contrary to or inconsistent with this Act are hereby
repealed, amended or modified accordingly.
Section 23. Effectivity. This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in two (2) newspapers of general circulation.
Approved,
PANTALEON D. ALVAREZ
Speaker of the House of Representatives
AQUILINO "KOKO" PIMENTEL III

President of the Senate
This Act which is a consolidation of Senate Bill No. 1444 and House Bill 6772 was
passed by the Senate and the House of Representatives on March 21, 2018.
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Congress of the Philippines

Eleventh Congress
REPUBLIC ACT NO. 9147 July 30, 2001
AN ACT PROVIDING FOR THE CONSERVATION AND PROTECTION OF WILDLIFE

RESOURCES AND THEIR HABITATS, APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines in

Congress assembled:
CHAPTER I
GENERAL PROVISIONS
Section 1. Title. This act shall be known as the "Wildlife Resources Conservation and
Protection Act."
Section 2. Declaration of Policy. It shall be the policy of the State to conserve the country's
wildlife resources and their habitats for sustainability. In the pursuit of this policy, this Act
shall have the following objectives:
(a) to conserve and protect wildlife species and their habitats to promote ecological balance
and enhance biological diversity;
(b) to regulate the collection and trade of wildlife;
(c) to pursue, with due regard to the national interest, the Philippine commitment to
international conventions, protection of wildlife and their habitats; and
(d) to initiate or support scientific studies on the conservation of biological diversity.
Section 3. Scope of Application. The provisions of this Act shall be enforceable for all
wildlife species found in all areas of the country, including protected areas under Republic
Act No. 7586, otherwise known as the National Integrated Protected Areas System (NIPAS)
Act, and critical habitats. This Act shall also apply to exotic species which are subject to
trade, are cultured, maintained and/or bred in captivity or propagated in the country.
Section 4. Jurisdiction of the Department of Environment and Natural Resources and the
Department of Agriculture. The Department of Environment and Natural Resources
(DENR) shall have jurisdiction over all terrestrial plant and animal species, all turtles and
tortoises and wetland species, including but not limited to crocodiles, waterbirds and all
amphibians and dugong. The Department of Agriculture (DA) shall have jurisdiction over all
declared aquatic critical habitats, all aquatic resources including but not limited to all fishes,
aquatic plants, invertebrates and all marine mammals, except dugong. The secretaries of
the DENR and the DA shall review, and by joint administrative order, revise and regularly
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update the list of species under their respective jurisdiction. In the Province of Palawan,
jurisdiction herein conferred is vested to the Palawan Council for Sustainable Development
pursuant to Republic Act No. 7611.
CHAPTER II
DEFINITION OF TERMS
Section 5. Definition of Terms. As used in the Act, the term:
(a) "Bioprospecting" means the research, collection and utilization of biological and genetic
resources for purposes of applying the knowledge derived there from solely for commercial
purposes;
(b) "By-product or derivatives" means any part taken or substance extracted from wildlife, in
raw or in processed form. This includes stuffed animals and herbarium specimens;
(c) "Captive-breeding/culture or propagation" means the process of producing individuals

under controlled conditions or with human interventions;
(d) "Collection or collecting" means the act of gathering or harvesting wildlife, its by-
products or derivatives;
(e) "Conservation" means preservation and sustainable utilization of wildlife, and/or

maintenance, restoration and enhancement of the habitat;
(f) "Critically endangered species" refers to a species or subspecies that is facing extremely
high risk of extinction in the wild in the immediate future;
(g) "Economically important species" means species or subspecies which have actual or
potential value in trade or utilization for commercial purpose;
(h) "Endangered species" refers to species or subspecies that is not critically endangered
but whose survival in the wild is unlikely if the causal factors continue operating;
(i) "Endemic species" Means species or subspecies which is naturally occurring and found
only within specific areas in the country;
(j) "Exotic species" means species or subspecies which do not naturally occur in the
country;
(k) "Export permit" refers to a permit authorizing an individual to bring out wildlife from the
Philippines to any other country;
(l) "Gratuitous permit" means permit issued to any individual or entity engaged in
noncommercial scientific, or educational undertaking to collect wildlife;
(m) "Habitat" means place or environment where species or subspecies naturally occur or
has naturally established its population;
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(n) "Import permit" refers to a permit authorizing an individual to bring in wildlife from
another country;
(o) "Indigenous wildlife" means species or subspecies of wildlife naturally occurring or has
naturally established population in the country;
(p) "Introduction" means bringing species into the wild that is outside its natural habitat;
(q) "Reexport permit" refers to a permit authorizing an individual to bring out of the country a
previous imported wildlife;
(r) "Secretary" means either or both the Secretary of the Department of Environment and
Natural Resources and the Secretary of the Department of Agriculture;
(s) "Threatened species" a general term to denote species or subspecies considered as

critically endangered, endangered, vulnerable or other accepted categories of wildlife
whose population is at risk of extinction;
(t) "Trade" means the act of engaging in the exchange, exportation or importation, purchase
or sale of wildlife, their derivatives or by-products, locally or internationally;
(u) "Traditional use" means utilization of wildlife by indigenous people in accordance with
written or unwritten rules, usage, customs and practices traditionally observed, accepted
and recognized by them;
(v) "Transport permit" means a permit issued authorizing an individual to bring wildlife from
one place to another within the territorial jurisdiction of the Philippines;
(w) "Vulnerable species" refers to species or subspecies that is not critically endangered nor
endangered but is under threat from adverse factors throughout their range and is likely to
move to the endangered category in the near future;
(x) "Wildlife" means wild forms and varieties of flora and fauna, in all developmental stages,
including those which are in captivity or are being bred or propagated;
(y) "Wildlife collector's permit" means a permit to take or collect from the wild certain
species and quantities of wildlife for commercial purposes; and
(z) "Wildlife farm/culture permit" means a permit to develop, operate and maintain a wildlife
breeding farm for conservation, trade and/or scientific purposes.
CHAPTER III
CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES
ARTICLE ONE
General Provision
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Section 6. Wildlife Information. All activities, as subsequently manifested under this

Chapter, shall be authorized by the Secretary upon proper evaluation of best available
information or scientific data showing that the activity is, or for a purpose, not detrimental to
the survival of the species or subspecies involved and/or their habitat. For this purpose, the
Secretary shall regularly update wildlife information through research.
Section 7. Collection of Wildlife. Collection of wildlife may be allowed in accordance with

Section 6 of this Act: Provided, That in the collection of wildlife, appropriate and acceptable
wildlife collection techniques with least or no detrimental effects to the existing wildlife
populations and their habitats shall, likewise, be required: Provided, further, That collection
of wildlife by indigenous people may be allowed for traditional use and not primarily for
trade: Provided, furthermore, That collection and utilization for said purpose shall not cover
threatened species: Provided, finally, That Section 23 of this Act shall govern the collection
of threatened species.
Section 8. Possession of Wildlife. - No person or entity shall be allowed possession of

wildlife unless such person or entity can prove financial and technical capability and facility
to maintain said wildlife: Provided,
That the source was not obtained in violation of this Act.
Section 9. Collection and/or Possession of By-Products and Derivatives. By-products and

derivatives may be collected and/or possessed: Provided, That the source was not obtained
in violation of this Act.
Section 10. Local Transport of Wildlife, By-Products and Derivatives. - Local transport of
wildlife, by-products and derivatives collected or possessed through any other means shall
be authorized unless the same is prejudicial to the wildlife and public health.
Section 11. Exportation and/or Importation of Wildlife. Wildlife species may be exported to
or imported from another country as may be authorized by the Secretary or the designated
representative, subject to strict compliance with the provisions of this Act and rules and
regulations promulgated pursuant thereto: Provided, That the recipient of the wildlife is
technically and financially capable to maintain it.
Section 12. Introduction, Reintroduction or Restocking of Endemic or Indigenous Wildlife. -

The introduction, reintroduction or restocking of endemic and indigenous wildlife shall be
allowed only for population enhancement of recovery purposes subject to prior clearance
from the Secretary of the authorized representative pursuant to Section 6 of this Act. Any
proposed introduction shall be subject to a scientific study which shall focus on the
bioecology. The proponent shall also conduct public consultations with concerned
individuals or entities.
Section 13. Introduction of Exotic Wildlife. - No exotic species shall be introduced into the
country, unless a clearance from the Secretary or the authorized representative is first
obtained. In no case shall exotic species be introduced into protected areas covered by
Republic Act No. 7586 and to critical habitats under Section 25 hereof.
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In cases where introduction is allowed, it shall be subject to environmental impact study

which shall focus on the bioecology, socioeconomic and related aspects of the area where
the species will be introduced. The proponent shall also be required to secure the prior
informed consent from the local stakeholders.
Section 14. Bioprospecting. - Bioprospecting shall be allowed upon execution of an

undertaking by any proponent, stipulating therein its compliance with and commitment(s) to
reasonable terms and conditions that may be imposed by the Secretary which are
necessary to protect biological diversity.
The Secretary or the authorized representative, in consultation with the concerned

agencies, before granting the necessary permit, shall require that prior informed consent be
obtained by the applicant from the concerned indigenous cultural communities, local
communities, management board under Republic Act No. 7586 or private individual or
entity. The applicant shall disclose fully the intent and scope of the bioprospecting activity in
a language and process understandable to the community. The prior informed consent from
the indigenous peoples shall be obtained in accordance with existing laws. The action on
the bioprospecting proposal by concerned bodies shall be made within a reasonable period.
Upon submission of the complete requirements, the Secretary shall act on the research
proposal within a reasonable period.
If the applicant is a foreign entity or individual, a local institution should be actively involved
in the research, collection and, whenever applicable and appropriate in the technological
development of the products derived from the biological and genetic resources.
Section 15. Scientific Researches on Wildlife. Collection and utilization of biological

resources for scientific research and not for commercial purposes shall be allowed upon
execution of an undertaking/agreement with and issuance of a gratuitous permit by the
Secretary or the authorized representative: Provided, That prior clearance from concerned
bodies shall be secured before the issuance of the gratuitous permit: Provided, further, That
the last paragraph of Section 14 shall likewise apply.
Section 16. Biosafety - All activities dealing on genetic engineering and pathogenic
organisms in the Philippines, as well as activities requiring the importation, introduction, field
release and breeding of organisms that are potentially harmful to man and the environment
shall be reviewed in accordance with the biosafety guidelines ensuring public welfare and
the protection and conservation of wildlife and their habitats.
Section 17. Commercial Breeding or Propagation of Wildlife Resources. - Breeding or

propagation of wildlife for commercial purposes shall be allowed by the Secretary or the
authorized representative pursuant to Section 6 through the issuance of wildlife farm culture
permit: Provided, That only progenies of wildlife raised, as well as unproductive parent stock
shall be utilized for trade: Provided, further: That commercial breeding operations for
wildlife, whenever appropriate, shall be subject to an environmental impact study.
Section 18. Economically Important Species. The Secretary, within one (1) year after the
effectivity of this Act, shall establish a list of economically-important species. A population
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assessment of such species shall be conducted within a reasonable period and shall be
regularly reviewed and updated by the Secretary.
The Collection of certain species shall only be allowed when the results of the assessment
show that, despite certain extent of collection, the population of such species can still
remain viable and capable of recovering its numbers. For this purpose, the Secretary shall
establish a schedule and volume of allowable harvests.
Whenever an economically important species become threatened, any form of collection

shall be prohibited except for scientific, educational or breeding/propagation purposes,
pursuant to the provisions of this Act.
Section 19. Designation of Management and Scientific Authorities for International Trade in
Endangered Species of Wild Fauna and Flora. For the implementation of International
agreement on international trade in endangered species of wild fauna and fora, the
management authorities for terrestrial and aquatic resources shall be the Protected Areas
and Wildlife Bureau (PAWB) of the DENR and the Bureau of Fisheries and Aquatic
Resources (BFAR) of the DA, respectively and that in the Province of Palawan the
implementation hereof is vested to the Palawan Council for Sustainable Development
pursuant to Republic Act No. 7611.
To provide advice to the management authorities, there shall be designated scientific

authorities for terrestrial and aquatic/marine species. For the terrestrial species, the
scientific authorities shall be the Ecosystems Research and Development Bureau (ERDB)
of the DENR, the U.P. Institute of Biological Sciences and the National Museum and other
agencies as may be designated by the Secretary. For the marine and aquatic species, the
scientific authorities shall be the BFAR, the U.P. Marine Science Institute, U.P. Visayas,
Siliman University and the National Museum and other agencies as may be designated by
the Secretary: Provided, That in the case of terrestrial species, the ERDB shall chair the
scientific authorities, and in the case of marine and aquatic species, the U.P. Marine
Science Institute shall chair the scientific authorities.
Section 20. Authority of the Secretary to Issue Permits. - The Secretary or the duly
authorized representative, in order to effectively implement this Act, shall issue
permits/certifications/clearances with corresponding period of validity, whenever
appropriate, which shall include but not limited to the following:
(1) Wildlife farm or culture permit 3 to 5 years;
(2) Wildlife collector's permit 1 to 3 years;
(3) Gratuitous permit 1 year;
(4) Local transport permit 1 to 3 months; and
(5) Export/Import/Reexport permit 1 to 6 months.
These permits may be renewed subject to the guidelines issued by the appropriate agency
and upon consultation with concerned groups.
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Section 21. Fees and Charges. - Reasonable fees and charges as may be determined
upon consultation with the concerned groups, and in the amount fixed by the Secretary shall
be imposed for the issuances of permits enumerated in the preceding section.
For the export of wildlife species, an export permit fee of not greater than three percentum
(3%) of the export value, excluding transport costs, shall be charged: Provided, however,
That in the determination of aforesaid fee, the production costs shall be given due
consideration. Cutflowers, leaves and the like, produced from farms shall be exempted from
the said export fee: Provided, further, That fees and charges shall be reviewed by the
Secretary every two (2) years or as the need arises and revise the same accordingly,
subject to consultation with concerned sectors.
ARTICLE TWO
Protection of Threatened Species
Section 22. Determination of Threatened Species. - The Secretary shall determine whether
any wildlife species or subspecies is threatened, and classify the same as critically
endangered, endangered, vulnerable or other accepted categories based on the best
scientific data and with due regard to internationally accepted criteria, including but not
limited to the following:
(a) present or threatened destruction, modification or curtailment of its habitat or range;
(b) over-utilization for commercial, recreational, scientific or educational purposes;
(c) inadequacy of existing regulatory mechanisms; and
(d) other natural or man-made factors affecting the existence of wildlife.
The Secretary shall review, revise and publish the list of categorized threatened wildlife
within one (1) year after effectivity of this Act. Thereafter, the list shall be updated regularly
or as the need arises: Provided, That a species listed as threatened shall not be removed
there from within three (3) years following its initial listing.
Upon filing of a petition based on substantial scientific information of any person seeking for
the addition or deletion of a species from the list, the Secretary shall evaluate in accordance
with the relevant factors stated in the first paragraph of this section, the status of the
species concerned and act on said petition within a reasonable period.
The Secretary shall also prepare and publish a list of wildlife which resembles so closely in
appearance with listed threatened wildlife, which species shall likewise be categorized as
threatened.
Section 23. Collection of Threatened Wildlife, By-products and Derivatives The collection
of threatened wildlife, as determined and listed pursuant to this Act, including its by-
products and derivatives, shall be allowed only for scientific, or breeding or propagation
purposes in accordance with Section 6 of this Act: Provided, That only the accredited
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individuals, business, research, educational or scientific entities shall be allowed to collect

for conservation breeding or propagation purposes.
Section 24. Conservation Breeding or Propagation of Threatened Species Conservation

breeding or propagation of threatened species shall be encouraged in order to enhance its
population in its natural habitat. It shall be done simultaneously with the rehabilitation and/or
protection of the habitat where the captive-bred or propagated species shall be released,
reintroduced or restocked.
Commercial breeding or propagation of threatened species may be allowed provided that

the following minimum requirements are met by the applicant, to wit:
(a) Proven effective breeding and captive management techniques of the species; and
(b) Commitment to undertake commercial breeding in accordance with Section 17 of this

Act, simultaneous with conservation breeding.
The Secretary shall prepare a list of threatened species for commercial breeding and shall
regularly revise or update such list or as the need arises.
Section 25. Establishment of Critical Habitats. - Within two (2) years following the effectivity
of this Act, The Secretary shall designate critical habitats outside protected areas under
Republic Act No. 7586, where threatened species are found. Such designation shall be
made on the basis of the best scientific data taking into consideration species endemicity
and/or richness, presence of man-made pressures/threats to the survival of wildlife living in
the area, among others.
All designated, critical habitats shall be protected, in coordination with the local government
units and other concerned groups, from any form of exploitation or destruction which may
be detrimental to the survival of the threatened species dependent therein. For such
purpose, the Secretary may acquire, by purchase, donation or expropriation, lands, or
interests therein, including the acquisition of usufruct, establishment of easements or other
undertakings appropriate in protecting the critical habitat.
ARTICLE THREE
Registration of Threatened and Exotic Species
Section 26. Registration of Threatened and Exotic Wildlife in the Possession of Private
Persons. - No person or entity shall be allowed possession of wildlife unless such person or
entity can prove financial and technical capability and facility to maintain said wildlife.
Twelve (12) months after the effectivity of this Act, the Secretary shall set a period, within
which persons/entities shall register all threatened species collected and exotic species
imported prior to the effectivity of this Act. However, when the threatened species is needed
for breeding/propagation or research purposes, the State may acquire the wildlife through a
mutually acceptable arrangement.
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After the period set has elapsed, threatened wildlife possessed without certificate of
registration shall be confiscated in favor of the government, subject to the penalties herein
provided.
All Philippine wildlife which are not listed as threatened prior to the effectivity of this Act but
which may later become so, shall likewise be registered during the period set after the
publication of the updated list of threatened species.
CHAPTER IV
ILLEGAL ACTS
Section 27. Illegal Acts. - Unless otherwise allowed in accordance with this Act, it shall be
unlawful for any person to willfully and knowingly exploit wildlife resources and their
habitats, or undertake the following acts;
(a) killing and destroying wildlife species, except in the following instances;
(i) when it is done as part of the religious rituals of established tribal groups or
indigenous cultural communities;
(ii) when the wildlife is afflicted with an incurable communicable disease;
(iii) when it is deemed necessary to put an end to the misery suffered by the wildlife;
(iv) when it is done to prevent an imminent danger to the life or limb of a human
being; and
(v) when the wildlife is killed or destroyed after it has been used in authorized
research or experiments.
(b) inflicting injury which cripples and/or impairs the reproductive system of wildlife species;
(c) effecting any of the following acts in critical habitat(s)
(i) dumping of waste products detrimental to wildlife;
(ii) squatting or otherwise occupying any portion of the critical habitat;
(iii) mineral exploration and/or extraction;
(iv) burning;
(v) logging; and
(vi) quarrying
(d) introduction, reintroduction or restocking of wildlife resources;
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(e) trading of wildlife;
(f) collecting, hunting or possessing wildlife, their by-products and derivatives;
(g) gathering or destroying of active nests, nest trees, host plants and the like;
(h) maltreating and/or inflicting other injuries not covered by the preceding paragraph; and
(i) transporting of wildlife.
CHAPTER V
FINES AND PENALTIES
Section 28. Penalties for Violations of this Act. For any person who undertakes illegal acts
under paragraph (a) of the immediately preceding section to any species as may be
categorized pursuant to this Act, the following penalties and/or fines shall be imposed;
(a) imprisonment of a minimum of six (6) years and one (1) day to twelve (12) years and/or
a fine of One hundred thousand pesos (P100,000.00) to One million pesos (P1,000,000.00),
if inflicted or undertaken against species listed as critical;
(b) imprisonment of four (4) and one (1) day to six (6) years and/or a fine of Fifty thousand
pesos (P50,000.00) to Five hundred thousand pesos (P500,000.00) if inflicted or
undertaken against endangered species;
(c) imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of Thirty
thousand pesos (P30,000.00) to Three hundred thousand pesos (P300,000.00), if inflicted
or undertaken against vulnerable species;
(d) imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of Twenty
thousand pesos (P20,000.00) to Two hundred thousand pesos (P200,000.00) if inflicted or
undertaken against other threatened species; and
(e) imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of Ten
thousand pesos (P10,000.00) to One hundred thousand pesos (P100,000.00), if inflicted or
undertaken against other wildlife species.
For illegal acts under paragraph (b) of the immediately preceding section, the following
penalties and/or fines shall be imposed;
(a) imprisonment of minimum of four (4) years and one (1) day to six (6) years and/or a fine
of Fifty thousand pesos (P50,000.00) to Five hundred thousand pesos (P500,000.00), if
inflicted or undertaken against species listed as critical;
(b) imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of Thirty
thousand pesos (P30,000.00) to Two hundred thousand pesos (P200,000.00), if inflicted or
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(c) imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of Twenty
undertaken against vulnerable species;
(d) imprisonment of six (6) months and one (1) day to one (1) year and/or fine of Ten
thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00), if inflicted or
undertaken against other threatened species; and
(e) imprisonment of one (1) month to six (6) months and/or a fine of Five thousand pesos
(P5,000.00) to Twenty thousand pesos (P20,000.00), if inflicted or undertaken against other
wildlife species.
For illegal acts under paragraphs (c) and (d) of the immediately preceding section, an
imprisonment of one (1) month to eight (8) years and/or a fine of Five thousand pesos
(P5,000.00) to Five million pesos (P5,000,000.00) shall be imposed.
For illegal acts under paragraph (e), the following penalties and/or fines shall be imposed:
(a) imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of Five
thousand pesos (P5,000.00) to Three hundred thousand pesos (P300,000.00), if inflicted or
undertaken against species listed as critical;
(b) imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of Two
(c) imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of One
(d) imprisonment of one (1) month and one (1) day to six (6) months and/or a fine of Five
hundred pesos (P500.00) to Fifty thousand pesos (P50,000.00), if inflicted or undertaken
against species listed as threatened species; and
(e) imprisonment of ten (10) days to one (1) month and/or a fine of Two hundred pesos
(P200.00) to Twenty thousand pesos (P20,000.00), if inflicted or undertaken against other
wildlife species.
For illegal acts under paragraphs (f) and (g) of the immediately preceding section, the
following penalties and/or fines shall be imposed:
(a) imprisonment of two (2) years and one (1) day to four (4) years and a fine of Thirty
thousand pesos (P30,000.00) to Three hundred thousand pesos (P300,000.00), if inflicted
or undertaken against species listed as critical;
(b) imprisonment of one (1) year and one (1) day to two (2) years and a fine of Twenty
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(c) imprisonment of six (6) months and one (1) day to one (1) year and a fine of Ten
(d) imprisonment of one (1) month and one (1) day to six (6) months and a fine of Five
thousand pesos (P5,000.00) to Fifty thousand pesos (P50,000.00), if inflicted or undertaken
against species as other threatened species; and
(e) imprisonment of ten (10) days to one (1) month and a fine of One thousand pesos
(P1,000.00) to Five thousand pesos (P5,000.00), if inflicted or undertaken against other
wildlife species: Provided, That in case of paragraph (f), where the acts were perpetuated
through the means of inappropriate techniques and devices, the maximum penalty herein
provided shall be imposed.
For illegal acts under paragraph (h) and (i) of the immediately preceding section, the
following penalties and/or fines shall be imposed:
(a) imprisonment of six (6) months and one (1) day to one (1) year and a fine of Fifty
thousand pesos (P50,000.00) to One hundred thousand pesos (P100,000.00) if inflicted or
undertaken against species listed as critical species;
(b) imprisonment of three (3) months and one (1) day to six (6) months and a fine of Twenty
thousand pesos (P20,000.00) to Fifty thousand pesos (P50,000.00), if inflicted or
(c) imprisonment of one (1) month and one (1) day to three (3) months and a fine of Five
thousand pesos (P5,000.00) to Twenty thousand pesos (P20,000.00), if inflicted or
(d) imprisonment of ten (10) days to one (1) month and a fine of One thousand pesos
(P1,000.00) to Five thousand pesos (P5,000.00), if inflicted or undertaken against species
listed as other threatened species;
(e) imprisonment of five (5) days to ten (10) days and a fine of Two hundred pesos
(P200.00) to One thousand pesos (P1,000.00), if inflicted or undertaken against other
wildlife species.
All wildlife, its derivatives or by-products, and all paraphernalia, tools and conveyances
used in connection with violations of this Act, shall be ipso facto forfeited in favor of the
government; Provided, That where the ownership of the aforesaid conveyances belong to
third persons who has no participation in or knowledge of the illegal acts, the same may be
released to said owner. The apprehending agency shall immediately cause the transfer of
all wildlife that have been seized or recovered to the nearest Wildlife Rescue Center of the
Department in the area.
If the offender is an alien, he shall be deported after service and payment of fines, without
any further proceedings.
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The fines herein prescribed shall be increased by at least ten percent (10%) every three (3)
years to compensate for inflation and to maintain the deterrent function of such fines.
CHAPTER VI
MISCELLANEOUS PROVISIONS
Section 29. Wildlife Management Fund. There is hereby established a Wildlife

Management Fund to be administered by the Department as a special account in the
National Treasury which shall finance rehabilitation or restoration of habitats affected by
acts committed in violation of this Act and support scientific research, enforcement and
monitoring activities, as well as enhancement of capabilities of relevant agencies.
The Fund shall derive from fines imposed and damages awarded, fees, charges, donations,
endowments, administrative fees or grants in the form of contributions. Contributions to the
Fund shall be exempted from donor taxes and all other tax charges or fees imposed by the
government.
Section 30. Deputation of Wildlife Enforcement Officers. - The Secretary shall deputize
wildlife enforcement officers from non-government organizations, citizens groups,
community organizations and other volunteers who have undergone necessary training for
this purpose. The Philippine National Police (PNP), the Armed Forces of the Philippines
(AFP), the National Bureau of Investigation (NBI) and other law enforcement agencies shall
designate wildlife enforcement officers. As such, the wild enforcement officers shall have
the full authority to seize illegally traded wildlife and to arrest violators of this Act subject to
existing laws, rules and regulations on arrest and detention.
Section 31. Establishment of National Wildlife Research Centers. The Secretary shall
establish national wildlife research centers for terrestrial and aquatic species to lead in the
conduct of scientific researches on the proper strategies for the conservation and protection
of wildlife, including captive breeding or propagation. In this regard, the Secretary shall
encourage the participation of experts from academic/research institutions and wildlife
industry.
Section 32. Wildlife Rescue Center. - The Secretary shall establish or designate wildlife
rescue centers to take temporary custody and care of all confiscated, abandoned and/or
donated wildlife to ensure their welfare and well-being. The Secretary shall formulate
guidelines for the disposition of wildlife from the rescue centers.
Section 33. Creation of Wildlife Traffic Monitoring Units. - The Secretary shall create wildlife
traffic monitoring units in strategic air and seaports all over the country to ensure the strict
compliance and effective implementation of all existing wildlife laws, rules and regulations,
including pertinent international agreements.
Customs officers and/or other authorized government representatives assigned at air or

seaports who may have intercepted wildlife commodities in the discharge of their official
functions shall, prior to further disposition thereof, secure a clearance from the wildlife traffic
monitoring unit assigned in the area.
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Section 34. Exemption from taxes - Any donation, contribution, bequest, subsidy or
financial aid which may be made to the Department of Environment and Natural Resources
or to the Department of Agriculture and to NGOs engaged in wildlife conservation duly
registered with the Securities and Exchange Commission as certified by the local
government unit, the Department of Environment and Natural Resources or the Department
of Agriculture, for the conservation and protection of wildlife resources and their habitats
shall constitute as an allowable deduction from the taxable income of the donor and shall be
exempt from donor's tax.
Section 35. Flagship Species. Local government units shall initiate conservation measures
for endemic species in their areas. For this purpose, they may adopt flagship species such
as the Cebu black shama (copsychus cebuensis), tamaraw (bubalus mindorensis),
Philippine tarsier (tarsius syrichta), Philippine teak (tectona philippinensis), which shall
serve as emblems of conservation for the local government concerned.
Section 36. Botanical Gardens, Zoological Parks and Other Similar Establishments. The
Secretary shall regulate the establishment, operation and maintenance of botanical
gardens, zoological parks and other similar establishments for recreation, education and
conservation.
Section 37. Implementing Rules and Regulations. - Within twelve (12) months following the
effectivity of this Act, secretaries of the Department of Environment and Natural Resources
and the Department of Agriculture, in coordination with the Committees on Environment and
Ecology of the Senate and the House of Representatives, respectively, shall promulgate
respective rules and regulations for the effective implementation of this Act. Whenever
appropriate, coordination in the preparation and implementation of rules and regulations on
joint and inseparable issues shall be done by both Departments. The commitments of the
State to international agreements and protocols shall likewise be a consideration in the
implementation of this Act.
Section 38. Appropriations. - The amount necessary to implement the provisions of this Act
shall be charged against the appropriations of the Department of Environment and Natural
Resources in the current General Appropriations Act. Therefore, such sums as may be
necessary to fully implement the provisions of this Act shall be included in the annual
General Appropriations Act.
Section 39. Separability Clause. - Should any provision of this Act be subsequently
declared as unconstitutional, the same shall not affect the validity or the legality of the other
provisions.
Section 40. Repealing Clause. - Act Nos. 2590 and 3983, Commonwealth Act No. 63, as
amended, Presidential Decree No. 1219, as amended, Republic Act No. 6147, and other
laws, orders and regulations inconsistent herewith are hereby repealed or amended
accordingly.
Section 41. Effectivity. - This Act shall take effect fifteen (15) days after publication in the
Official Gazette or two (2) newspapers of general circulation.
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Approved,
(Sgd)
AQUILINO Q. PIMENTEL JR.

President of the Senate
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MALACAÑANG
Manila
PRESIDENTIAL DECREE No. 705 May 19, 1975
REVISING PRESIDENTIAL DECREE NO. 389, OTHERWISE KNOWN AS THE

FORESTRY REFORM CODE OF THE PHILIPPINES
WHEREAS, proper classification, management and utilization of the lands of the public
domain to maximize their productivity to meet the demands of our increasing population is
urgently needed;
WHEREAS, to achieve the above purpose, it is necessary to reassess the multiple uses of
forest lands and resources before allowing any utilization thereof to optimize the benefits
that can be derived therefrom;
WHEREAS, it is also imperative to place emphasis not only on the utilization thereof but
more so on the protection, rehabilitation and development of forest lands, in order to ensure
the continuity of their productive condition;
WHEREAS, the present laws and regulations governing forest lands are not responsive
enough to support re-oriented government programs, projects and efforts on the proper
classification and delimitation of the lands of the public domain, and the management,
utilization, protection, rehabilitation, and development of forest lands;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of

the powers in me vested by the Constitution, do hereby revise Presidential Decree No. 389
to read as follows:
Section 1. Title of this Code. This decree shall be known as the "Revised Forestry Code of
the Philippines."
Section 2. Policies. The State hereby adopts the following policies:
(a) The multiple uses of forest lands shall be oriented to the development and
progress requirements of the country, the advancement of science and technology,
and the public welfare;
(b) Land classification and survey shall be systematized and hastened;
(c) The establishment of wood-processing plants shall be encouraged and

rationalized; and
(d) The protection, development and rehabilitation of forest lands shall be

emphasized so as to ensure their continuity in productive condition.
Section 3. Definitions.
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(a) Public forest is the mass of lands of the public domain which has not been the
subject of the present system of classification for the determination of which lands
are needed for forest purposes and which are not.
(b) Permanent forest or forest reserves refer to those lands of the public domain
which have been the subject of the present system of classification and determined
to be needed for forest purposes.
(c) Alienable and disposable lands refer to those lands of the public domain which
have been the subject of the present system of classification and declared as not
needed for forest purposes.
(d) Forest lands include the public forest, the permanent forest or forest reserves,
and forest reservations.
(e) Grazing land refers to that portion of the public domain which has been set aside,
in view of the suitability of its topography and vegetation, for the raising of livestock.
(f) Mineral lands refer to those lands of the public domain which have been classified
as such by the Secretary of Natural Resources in accordance with prescribed and
approved criteria, guidelines and procedure.
(g) Forest reservations refer to forest lands which have been reserved by the
President of the Philippines for any specific purpose or purposes.
(h) National park refers to a forest land reservation essentially of primitive or

wilderness character which has been withdrawn from settlement or occupancy and
set aside as such exclusively to preserve the scenery, the natural and historic
objects and the wild animals or plants therein, and to provide enjoyment of these
features in such a manner as will leave them unimpaired for future generations.
(i) Game refuge or bird sanctuary refers to a forest land designated for the protection
of game animals, birds and fish and closed to hunting and fishing in order that the
excess population may flow and restock surrounding areas.
(j) Marine parks refers to any off-shore area inhabited by rare and unique species of
marine flora and fauna.
(k) Seashore park refers to any public shore area delimited for outdoor recreation,
sports fishing, water skiing and related healthful activities.
(l) Watershed reservation is a forest land reservation established to protect or

improve the conditions of the water yield thereof or reduce sedimentation.
(m) Watershed is a land area drained by a stream or fixed body of water and its
tributaries having a common outlet for surface run-off.
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(n) Critical watershed is a drainage area of a river system supporting existing and
proposed hydro-electric power and irrigation works needing immediate rehabilitation
as it is being subjected to a fast denudation causing accelerated erosion and
destructive floods. It is closed from logging until it is fully rehabilitated.
(o) Mangrove is a term applied to the type of forest occurring on tidal flat along the
sea coast, extending along streams where the water is brackish.
(p) Kaingin is a portion of the forest land, whether occupied or not, which is
subjected to shifting and/or permanent slash-and-burn cultivation having little or no
provision to prevent soil erosion.
(q) Forest product means timber, pulpwood, firewood, bark, tree top, resin, gum,
wood, oil, honey, beeswax, nipa, rattan, or other forest growth such as grass, shrub,
and flowering plant, the associated water, fish, game, scenic, historical, recreational
and geologic resources in forest lands.
(r) Dipterocarp forest is a forest dominated by trees of the dipterocarp species, such
as red lauan, tengile, tiaong, white lauan, almon, bagtikan and mayapis of the
Philippine mahogany group, apitong and the yakals.
(s) Pine forest is a forest composed of the Benguet Pine in the Mountain Provinces
or the Mindoro pine in Mindoro and Zambales provinces.
(t) Industrial tree plantation is any tract of forest land purposely and extensively
planted to timber crops primarily to supply the raw material requirements of existing
or proposed processing plants and related industries.
(u) Tree farm refers to any tract of forest land purposely and extensively planted to
trees of economic value for their fruits, flowers, leaves, barks, or extractives, but not
for the wood thereof.
(v) Multiple-use is the harmonized utilization of the numerous beneficial uses of the
land, soil, water, wildlife, recreation value, grass and timber of forest lands.
(w) Selective logging means the systematic removal of the mature, over-mature and
defective trees in such manner as to leave adequate number and volume of healthy
residual trees of the desired species necessary to assure a future crop of timber, and
forest cover for the protection and conservation of soil and water.
(x) Seed tree system is partial clearcutting with seed trees left to regenerate the
area.
(y) Healthy residual is a sound or slightly injured tree of the commercial species left
after logging.
(z) Sustained-yield management implies continuous or periodic production of forest

products in a working unit with the aid of achieving at the earliest practicable time an
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approximate balance between growth and harvest or use. This is generally applied
to the commercial timber resources and is also applicable to the water, grass,
wildlife, and other renewable resources of the forest.
(aa) Processing plant is any mechanical set-up, machine or combination of machine

used for the processing of logs and other forest raw materials into lumber, veneer,
plywood, wallboard, block-board, paper board, pulp, paper or other finished wood
products.
(bb) Lease is a privilege granted by the State to a person to occupy and possess, in
consideration of a specified rental, any forest land of the public domain in order to
undertake any authorized activity therein.
(cc) License is a privilege granted by the State to a person to utilize forest resources
as in any forest land, without any right of occupation and possession over the same,
to the exclusion of others, or establish and operate a wood-processing plant, or
conduct any activity involving the utilization of any forest resources.
(dd) License agreement is a privilege granted by the State to a person to utilize

forest resources within any forest land with the right of possession and occupation
thereof to the exclusion of others, except the government, but with the corresponding
obligation to develop, protect and rehabilitate the same in accordance with the terms
and conditions set forth in said agreement.
(ee) Permit is a short-term privilege or authority granted by the State to a person to

utilize any limited forest resources or undertake a limited activity with any forest land
without any right of occupation and possession therein.
(ff) Annual allowable cut is the volume of materials, whether of wood or other forest
products, that is authorized to be cut regularly from the forest.
(gg) Cutting cycle is the number of years between major harvests in the same
working unit and/or region, within a rotation.
(hh) Ecosystem means the ecological community considered together with non-living
factors and its environment as a unit.
(ii) Silviculture is the establishment, development reproduction and care of forest

trees.
(jj) Rationalization is the organization of a business or industry using scientific

business management principles and simplified procedures to obtain greater
efficiency of operation.
(kk) Forest officer means any official or employee of the Bureau who, by the nature
of his appointment or the function of the position to which he is appointed, is
delegated by law or by competent authority to execute, implement or enforce the
provisions of this Code, other related laws, as well as their implementing regulations.
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(ll) Primitive tribe is a group of endemic tribe living primitively as a distinct portion of
a people from a common ancestor.
(mm) Private right means or refers to titled rights of ownership under existing laws,
and in the case of primitive tribes, to rights of possession existing at the time a
license is granted under this Code, which possession may include places of abode
and worship, burial grounds, and old clearings, but excludes production forest
inclusive of logged-over areas, commercial forests and established plantations of
forest trees and trees of economic value.
(nn) Person includes natural as well as juridical person.
CHAPTER I
ORGANIZATION AND JURISDICTION OF THE BUREAU
Section 4. Creation of, and merger of all forestry agencies into, the Bureau of Forest
Development. For the purpose of implementing the provisions of this Code, the Bureau of
Forestry, the Reforestation Administration, the Southern Cebu Reforestation Development
Project, and the Parks and Wildlife Office, including applicable appropriations, records,
equipment, property and such personnel as may be necessary, are hereby merged into a
single agency to be known as the Bureau of Forest Development, hereinafter referred to as
the Bureau.
Section 5. Jurisdiction of Bureau. The Bureau shall have jurisdiction and authority over all
forest land, grazing lands, and all forest reservations including watershed reservations
presently administered by other government agencies or instrumentalities.
It shall be responsible for the protection, development, management, regeneration, and

reforestation of forest lands; the regulation and supervision of the operation of licensees,
lessees and permittees for the taking or use of forest products therefrom or the occupancy
or use thereof; the implementation of multiple use and sustained yield management in forest
lands; the protection, development and preservation of national parks, marine parks, game
refuges and wildlife; the implementation of measures and programs to prevent kaingin and
managed occupancy of forest and grazing lands; in collaboration with other bureaus, the
effective, efficient and economic classification of lands of the public domain; and the
enforcement of forestry, reforestation, parks, game and wildlife laws, rules, and regulations.
The Bureau shall regulate the establishment and operation of sawmills, veneer and plywood
mills and other wood processing plants and conduct studies of domestic and world markets
of forest products.
Section 6. Director and Assistant Director and their qualifications. The Bureau shall be
headed by a Director, who shall be assisted by one or more Assistant Directors. The
Director and Assistant Directors shall be appointed by the President.
No person shall be appointed Director or Assistant Director of the Bureau unless he is a

natural born citizen of the Philippines, at least 30 years of age, a holder of at least a
Bachelor's Degree in Forestry or its equivalent, and a registered forester.
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Section 7. Supervision and Control. The Bureau shall be directly under the control and
supervision of the Secretary of the Department of Natural Resources, hereinafter referred to
as the Department Head.
Section 8. Review. All actions and decisions of the Director are subject to review, motu
propio or upon appeal of any person aggrieved thereby, by the Department Head whose
decision shall be final and executory after the lapse of thirty (30) days from receipt by the
aggrieved party of said decision, unless appealed to the President in accordance with the
Executive Order No. 19, series of 1966. The Decision of the Department Head may not be
reviewed by the courts except through a special civil action for certiorari or prohibition.
Section 9. Rules and Regulations. The Department Head, upon the recommendation of the
Director of Forest Development, shall promulgate the rules and regulations necessary to
implement effectively the provisions of this Code.
Section 10. Creation of Functional Divisions, and Regional and District Offices. All positions
in the merged agencies are considered vacant. Present occupants may be appointed in
accordance with a staffing pattern or plan of organization to be prepared by the Director and
approved by the Department Head. Any appointee who fails to report for duty in accordance
with the approved plan within thirty (30) days upon receipt of notification shall be deemed to
have declined the appointment, in which case the position may be filed by any other
qualified applicant.
For the efficient and effective implementation of the program of the Bureau, the following
divisions and sections are hereby created, to wit:
Divisions Sections
Planning and Evaluation Program Planning;
Performance Evaluation;
Forest Economics;
Management Analysis
Data & Information.
Administrative Division Personnel;
Budget;
Accounting;
Information;
General Services.
Legal Division
Reforestation and Afforestation Cooperative Planting;
Division Planting Stock Production;
Plantation Management.
Timber Management Division Forest Surveys, Data & Mapping;
Sulviculture;
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Timber Inventory & Photo-

Interpretation;
Timber Management Plans;
Land Classification.
Utilization Division Timber Operations;
Land Uses;
Utilization.
Forest Protection and Forest Protection;
Infrastructure Forest Occupancy
Management;
Watershed Management;
Infrastructure.
Parks, Wildlife Division Parks Management;
Recreation Management;
Wildlife Management;
Range Management.
Security and Intelligence Division
Forest Development Training Technical Training;
Center Non-Technical Training.
The Department Head may, upon recommendation of the Director, reorganize or create
such other divisions, sections of units as may be deemed necessary and to appoint the
personnel there: Provided, That an employee appointed or designated as officer-in-charge
of a newly created division, section or unit, or to an existing vacant position with a higher
salary, shall receive, from the date of such appointment or designation until he is replaced
or reverted to his original position, the salary corresponding to the position temporarily held
by him.
There shall be created at least eleven regional offices. In each region, there shall be as
many forest districts as may be necessary, in accordance with the extent of forest area,
established work loads, need for forest protection, fire prevention and other factors, the
provisions of any law to the contrary notwithstanding: Provided, That the boundaries of such
districts shall follow, whenever possible, natural boundaries of watersheds under the river-
basin concept of management.
Section 11. Manpower Development. The Bureau shall establish and operate an in-service
training center for the purpose of upgrading and training its personnel and new employees.
The Bureau shall also set aside adequate funds to enable personnel to obtain special
education and training in local or foreign colleges or institutions.
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Section 12. Performance Evaluation. The Bureau shall devise a system, to be approved by
the Department Head, to evaluate the performance of its employees. The system shall
measure accomplishment in quantity and quality of performance as related to the funded
program of work assigned to each organizational unit. There shall be included a system of
periodic inspection of district offices by the regional offices and the regional and district
offices by the Central Office in both functional fields and in the overall assessment of how
each administrative unit has implemented the laws, regulations, policies, programs, and
practices relevant to such unit. The evaluation system shall provide the information
necessary for annual progress reports and determination of employee training civil service
awards and transfer or disciplinary action.
CHAPTER II
CLASSIFICATION AND SURVEY
Section 13. System of Land Classification. The Department Head shall study, devise,
determine and prescribe the criteria, guidelines and methods for the proper and accurate
classification and survey of all lands of the public domain into agricultural, industrial or
commercial, residential, resettlement, mineral, timber or forest, and grazing lands, and into
such other classes as now or may hereafter be provided by law, rules and regulations.
In the meantime, the Department Head shall simplify through inter-bureau action the
present system of determining which of the unclassified lands of the public domain are
needed for forest purposes and declare them as permanent forest to form part of the forest
reserves. He shall decree those classified and determined not to be needed for forest
purposes as alienable and disposable lands, the administrative jurisdiction and
management of which shall be transferred to the Bureau of Lands: Provided, That
mangrove and other swamps not needed for shore protection and suitable for fishpond
purposes shall be released to, and be placed under the administrative jurisdiction and
management of, the Bureau of Fisheries and Aquatic Resources. Those still to be classified
under the Present system shall continue to remain as part of the public forest.
Section 14. Existing Pasture Leases and Permits in Forest Lands. Forest lands which have
been the subject of pasture leases and permits shall remain classified as forest lands until
classified as grazing lands under the criteria, guidelines and methods of classification to be
prescribed by the Department Head: Provided, That the administration, management and
disposition of grazing lands shall remain under the Bureau.
Section 15. Topography. No land of the public domain eighteen per cent (18%) in slope or
over shall be classified as alienable and disposable, nor any forest land fifty per cent (50%)
in slope or over, as grazing land.
Lands eighteen per cent (18%) in slope or over which have already been declared as
alienable and disposable shall be reverted to the classification of forest lands by the
Department Head, to form part of the forest reserves, unless they are already covered by
existing titles or approved public land application, or actually occupied openly, continuously,
adversely and publicly for a period of not less than thirty (30) years as of the effectivity of
this Code, where the occupant is qualified for a free patent under the Public Land Act:
Provided, That said lands, which are not yet part of a well-established communities, shall be
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kept in a vegetative condition sufficient to prevent erosion and adverse effects on the
lowlands and streams: Provided, further, That when public interest so requires, steps shall
be taken to expropriate, cancel defective titles, reject public land application, or eject
occupants thereof.
Section 16. Areas needed for forest purposes. The following lands, even if they are below
eighteen per cent (18%) in slope, are needed for forest purposes, and may not, therefore,
be classified as alienable and disposable land, to wit:
1. Areas less than 250 hectares which are far from, or are not contiguous with, any
certified alienable and disposable land;
2. Isolated patches of forest of at least five (5) hectares with rocky terrain, or which
protect a spring for communal use;
3. Areas which have already been reforested;
4. Areas within forest concessions which are timbered or have good residual
stocking to support an existing, or approved to be established, wood processing
plant;
5. Ridge tops and plateaus regardless of size found within, or surrounded wholly or
partly by, forest lands where headwaters emanate;
6. Appropriately located road-rights-or-way;
7. Twenty-meter strips of land along the edge of the normal high waterline of rivers
and streams with channels of at least five (5) meters wide;
8. Strips of mangrove or swamplands at least twenty (20) meters wide, along

shorelines facing oceans, lakes, and other bodies of water, and strips of land at least
twenty (20) meters wide facing lakes;
9. Areas needed for other purposes, such as national parks, national historical sites,
game refuges and wildlife sanctuaries, forest station sites, and others of public
interest; and
10. Areas previously proclaimed by the President as forest reserves, national parks,
game refuge, bird sanctuaries, national shrines, national historic sites:
Provided, That in case an area falling under any of the foregoing categories shall have been
titled in favor of any person, steps shall be taken, if public interest so requires, to have said
title cancelled or amended, or the titled area expropriated.
Section 17. Establishment of boundaries of forest lands. All boundaries between

permanent forests and alienable and disposable lands shall be clearly marked and
maintained on the ground, with infrastructure or roads, or concrete monuments at intervals
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of not more than five hundred (500) meters in accordance with established procedures and
standards, or any other visible and practicable signs to insure protection of the forest.
Section 18. Reservations in forest lands and off-shore areas. The President of the
Philippines may establish within any lands of the public domain, forest reserve and forest
reservation for the national park system, for preservation as critical watersheds, or for any
other purpose, and modify boundaries of existing ones. The Department Head may reserve
and establish any portion of the public forest or forest reserve as site or experimental forest
for use of the Forest Research Institute.
When public interest so requires, any off-shore area needed for the preservation and
protection of its educational, scientific, historical, ecological and recreational values
including the marine life found therein, shall be established as marine parks.
CHAPTER III
UTILIZATION AND MANAGEMENT
Section 19. Multiple use. The numerous beneficial uses of the timber, land, soil, water,
wildlife, recreation value and grass of forest lands shall be evaluated and weighted before
allowing the utilization, exploitation, occupation or possession thereof, or the conduct of any
activity therein.
Only the utilization, exploitation, occupation or possession of any forest land, or any activity
therein, involving one or more or its resources, which will produce the optimum benefits to
the development and progress of the country and the public welfare, without impairment or
with the least injury to its other resources, shall be allowed.
All forest reservations may be open to uses not inconsistent with the principal objectives of
the reservation: Provided, That critical watersheds and national parks shall not be subject to
logging operations.
Section 20. License agreement, license, lease or permit. No person may utilize, exploit,
occupy, possess or conduct any activity within any forest land, or establish and operate any
wood-processing plant, unless he has been authorized to do so under a license agreement,
lease, license, or permit.
Section 21. Sustained yield. All measures shall be taken to achieve an approximate
balance between growth and harvest or use of forest products in forest lands.
A. TIMBER
Section 22. Silvicultural and harvesting systems. In any logging operations in production
forests within forest lands, the proper silvicultural and harvesting systems that will promote
optimum sustained yield shall be practised.
(a) For dipterocarp forest, selective logging shall be practised.
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(b) For pine forest, the seed tree system with planting when necessary shall be
practised.
(c) For other types of forest, the silvicultural and harvesting system that will be found
suitable by research shall be applied. Meanwhile, a system based on observation
and practices abroad may be adopted initially.
Any practised system are subject to modification or changes based on research findings.
Section 23. Timber inventory. The Bureau shall conduct a program of progressive
inventories of the harvestable timber and young trees in all forest lands, whether covered by
any license agreement, license, lease or permit, or not, until a one hundred per cent (100%)
timber inventory thereon has been achieved.
Section 24. Required inventory prior to timber utilization in forest lands. No harvest of
timber in any forest land shall be allowed unless it has been the subject of at least a five per
cent (5%) timber inventory, or any statistically sound timber estimate, made not earlier than
five (5) years prior to the issuance of a license agreement or license allowing such
utilization.
Section 25. Cutting cycle. The Bureau shall apply scientific cutting cycle and rotation in all
forest lands, giving particular consideration to the age, volume and kind of healthy residual
trees which may be left undisturbed and undamaged for future harvest and forest cover
indipterocarp area, and seed trees and reproduction in pine area.
Section 26. Annual allowable cut. The annual allowable cut of any particular forest land
shall be determined on the basis of the established rotation and cutting cycle thereof, and
the volume and kind of harvestable timber and healthy residuals, seed trees and
reproduction found therein.
Section 27. Duration of license agreement or license to harvest timber in forest lands. The
duration of the privilege to harvest timber in any particular forest land under a license
agreement or license shall be fixed and determined in accordance with the annual allowable
cut therein, the established cutting cycle thereof, the yield capacity of harvestable timber,
and the capacity of healthy residuals for a second growth.
The privilege shall automatically terminate, even before the expiration of the license
agreement of license, the moment the harvestable timber have been utilized without leaving
any logged-over area capable of commercial utilization.
The maximum period of any privilege to harvest timber is twenty-five (25) years, renewable
for a period, not exceeding twenty-five (25) years, necessary to utilize all the remaining
commercial quantity or harvestable timber either from the unlogged or logged-over area.
It shall be a condition for the continued privilege to harvest timber under any license or
license agreement that the licensee shall reforest all the areas which shall be determined by
the Bureau.
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Section 28. Size of forest concessions. Forest lands shall not be held in perpetuity.
The size of the forest lands which may be the subject of timber utilization shall be limited to
that which a person may effectively utilize and develop for a period of fifty (50) years,
considering the cutting cycle, the past performance of the applicant and his capacity not
only to utilize but, more importantly, to protect and manage the whole area, and the
requirements of processing plants existing or to be installed in the region.
Forest concessions which had been the subject of consolidations shall be reviewed and re-
evaluated for the effective implementation of protection, reforestation and management
thereof under the multiple use and sustained yield concepts, and for the processing locally
of the timber resources therefrom.
B. WOOD-PROCESSING
Section 29. Incentives to the wood industry. The Department Head, in collaboration with
other government agencies and the wood industry associations and other private entities in
the country, shall evolve incentives for the establishment of an integrated wood industry in
designated wood industry centers and/or economic area.
The President of the Philippines, upon the recommendations of the National Economic
Development Authority and the Department Head, may establish wood industry import-
export centers in selected locations: Provided, That logs imported for such centers shall be
subject to such precaution as may be imposed by the Bureau, in collaboration with proper
government agencies, to prevent the introduction of pests, insects and/or diseases
detrimental to the forests.
Section 30. Rationalization of the wood industry. While establishment of wood-processing

plants shall be encouraged, their locations and operations shall be regulated in order to
rationalize the industry. No new processing plant shall be established unless adequate raw
material is available on a sustained-yield basis in the area where the raw materials will
come from.
The Department Head may cancel, suspend, or phase-out all uneconomical wood-
processing plants which are not responsive to the rationalization program of the
government.
Section 31. Wood wastes, weed trees and residues. Timber licensees shall be encouraged
and assisted to gather and save the wood wastes and weed trees in their concessions, and
those with processing plants, the wood residues thereof, for utilization and conversion into
wood by-products and derivatives.
Section 32. Log production and processing. Unless otherwise decreed by the President,
upon recommendation of the National Economic Development Authority, the entire
production of logs by all licensees shall, beginning January 1, 1976, be processed locally.
A licensee who has no processing plant may, subject to the approval of the Director, enter
into a contract with a wood processor for the processing of his logs. Wood processors shall
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accept for processing only logs cut by, or purchased from, licensees of good standing at the
time of the cutting of logs.
C. REFORESTATION
Section 33. Forest lands to be reforested. The following shall be reforested and covered
with suitable and sufficient trees, to wit:
(a) Bare or grass-covered tracts of forest lands with at least fifty per cent (50%)
slope;
(b) Bare or grass-covered tracts of forest lands with less than fifty per cent (50%)
slope, but with soil so highly erodible as to make grass cover inadequate for soil
erosion control;
(c) Brushlands or tracts of forest lands generally covered with brush, which need to
be developed to increase their productivity;
(d) Open tracts of forest lands with slopes or gradients generally exceeding fifty per
cent (50%), interspersed with patches of forest each of which is less than two
hundred fifty (250) hectares in area;
(e) Denuded or inadequately-timbered areas proclaimed by the President as forest

reserves and reservations as critical watersheds, national parks, game refuge, bird
sanctuaries, national shrines, national historic sites;
(f) Inadequately-stocked forest lands within forest concessions;
(g) Portions of areas covered by pasture leases or permits having a slope of at least
fifty per cent (50%); and
(h) River banks, easements, road rights-of-ways, deltas, swamps, former river beds,
and beaches.
Section 34. Industrial Tree Plantations and Tree Farms. A lease for a period of twenty-five
(25) years, renewable for another period not exceeding twenty-five (25) years, for the
establishment of an industrial tree plantation or a tree farm may be granted by the
Department Head upon recommendation of the Director to any person qualified to develop
and exploit natural resources, over timber or forest lands of the public domain categorized
in Section 33 hereof, with a minimum area of One Thousand (1,000) hectares for industrial
tree plantation and One Hundred (100) hectares for tree farm; Provided, That the size of the
area that may be granted under each category shall in each case depend upon the capacity
of the lessee to develop or convert the area into productive condition within the term of the
lease; Provided, further, That no lease shall be granted within critical watersheds.
Scattered areas of less than One Hundred (100) hectares each may be leased for the
establishment of tree farms to different qualified persons upon a showing that if developed
as an integrated unit these areas can be economically exploited: Provided, That it shall be a
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condition of the lease that such persons organize themselves into a cooperative to ensure
the orderly management thereof.
The lease may be granted under such terms and conditions as the Department Head may
prescribe, taking into account, among others, the raw material needs of forest-based
industries and the maintenance of a wholesome ecological balance.
Reforestation projects of the Government, or portions thereof which, upon field evaluation,
are found to be more suitable for, or can be better developed as, industrial tree plantations
or tree farms in terms of benefits to the Government and the general surrounding area, may
be the subject of the lease under this section.
Section 35. Priority. Over any suitable area covered by a timber license agreement, or a
pasture lease agreement or permit, the priority to establish industrial forest plantation or tree
farm shall be given to the holder thereof.
The priority herein granted must, however, be availed of within a reasonable period to be
determined by the Department Head, otherwise, the area shall be declared open to any
qualified person and consequently segregated from the holder's area.
Section 36. Incentives. To encourage qualified persons to engage in industrial tree

plantation and/or tree farming, the following incentives are granted:
(a) Payment of a nominal filing fee of fifty centavos (P0.50) per hectare;
(b) No rental shall be collected during the first five (5) years from the date of the
lease; from the sixth year to the tenth year, the annual rental shall be fifty centavos
(P0.50) per hectare; and thereafter, the annual rental shall be one peso (P1.00) per
hectare: Provided, That lessees of areas long denuded as certified by the Director
and approved by the Department Head, shall be exempted from the payment of
rental for the full term of the lease which shall not exceed twenty-five (25) years; for
the first five (5) years following the renewal of the lease, the annual rental shall be
fifty centavos (P0.50) per hectare; and thereafter, the annual rental shall be one
peso (P1.00) per hectare.
(c) The lessee shall pay forest charges on the timber and other forest products
grown and cut or gathered in an industrial tree plantation or tree farm equivalent to
six percent (6%) current market value thereof;
(d) Sale at cost of seedlings and free technical advice and assistance to persons
who will develop their privately-owned lands into industrial tree plantation or tree
farm;
(e) Exemption from the payment of the percentage tax levied in Title V of the
National Internal Revenue Code when the timber and forest products are sold,
bartered or exchanged by the lessee whether in their original state or not;
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(f) The Board of Investments shall, notwithstanding its nationality requirement on

projects involving natural resources, classify industrial tree plantations and tree
farms as pioneer areas of investment under its annual priority plan, to be governed
by the rules and regulations of said Board. A lessee of an industrial tree plantation or
tree farm may either apply to the Board of Investments for the tax and other benefits
thereunder, or avail of the following benefits:
1. Amounts expended by a lessee in the development and operation of an

industrial tree plantation or tree farm prior to the time when the production
state is reached, may, at the option of said lessee, be regarded as ordinary
and necessary business expenses or as capital expenditures; and
2. Deduction from an investor's taxable income for the year, of an annual

investment allowance equivalent to thirty-three and one-third per cent (33-
1/3%) of his actual investment during the year in an enterprise engaged in
industrial tree plantation or tree farm: Provided, That such investment shall
not be withdrawn for a period of at least ten (10) years from the date of
investment: Provided, further, That should the investment be withdrawn within
such period, a tax equivalent to double the amount of the total income tax
rebate resulting from the investment allowance shall be payable as a lump
sum in addition to the income tax due from the taxpayer for the year the
investment was withdrawn.
(g) Except when public interest demands the alteration or modification, the
boundaries of an area covered by an industrial tree plantation or tree farm lease,
once established on the ground, shall not be altered or modified; and
(h) A lessee shall not be subject to any obligation prescribed in, or arising out of, the
provisions of the National Internal Revenue Code on withholding of tax at source
upon interests paid on borrowings incurred for development and operation of the
industrial tree plantation or tree farm.
The Department Head may provide other incentives in addition to those hereinabove
granted to promote industrial tree plantation and tree farms in special areas such as, but not
limited to, those where there are no roads or where roads are inadequate, or areas with
rough topography and remote areas far from processing plants.
All amounts collected under this section shall accrue to a special deposit of the Bureau to
be used for reforestation of critical watersheds or degraded areas and other development
activities, over and above the general appropriation of the said Bureau.
D. FOREST PROTECTION
Section 37. Protection of all resources. All measures shall be taken to protect the forest
resources from destruction, impairment and depletion.
Section 38. Control of concession area. In order to achieve the effective protection of the
forest lands and the resources thereof from illegal entry, unlawful occupation, kaingin, fire,
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insect infestation, theft, and other forms of forest destruction, the utilization of timber therein
shall not be allowed except through license agreements under which the holders thereof
shall have the exclusive privilege to cut all the allowable harvestable timber in their
respective concessions, and the additional right of occupation, possession, and control over
the same, to the exclusive of all others, except the government, but with the corresponding
obligation to adopt all the protection and conservation measures to ensure the continuity of
the productive condition of said areas, conformably with multiple use and sustained yield
management.
If the holder of a license agreement over a forest area expressly or impliedly waives the
privilege to utilize any softwood, hardwood or mangrove species therein, a license may be
issued to another person for the harvest thereof without any right of possession or
occupation over the areas where they are found, but he shall, likewise, adopt protection and
conservation measures consistent with those adopted by the license agreement holder in
the said areas.
Section 39. Regulation of timber utilization in all other classes of lands and of wood-
processing plants. The utilization of timber in alienable and disposable lands, private lands,
civil reservations, and all lands containing standing or felled timber, including those under
the jurisdiction of other government agencies, and the establishment and operation of saw-
mills and other wood-processing plants, shall be regulated in order to prevent them from
being used as shelters for excessive and unauthorized harvests in forest lands, and shall
not therefore be allowed except through a license agreement, license, lease or permit.
Section 40. Timber inventory in other lands containing standing or felled timber. The
Bureau shall conduct a one hundred per cent (100%) timber inventory in alienable and
disposable lands and civil reservations immediately upon classification or reservation
thereof.
No harvest of standing or felled timber in alienable and disposable lands, private lands, civil
reservation, and all other lands, including those under the jurisdiction of other government
agencies, shall be allowed unless a one hundred per cent (100%) timber inventory has
been conducted thereon.
Section 41. Sworn timber inventory reports. All reports on timber inventories of forest lands,
alienable and disposable lands, private lands, civil reservations, and all lands containing
standing or felled timber must be subscribed and sworn to by all the forest officers who
conducted the same.
Section 42. Participation in the development of alienable and disposable lands and civil
reservations. The privilege to harvest timber in alienable and disposable lands and civil
reservations shall be given to those who can best help in the delineation and development
of such areas in accordance with the management plan of the appropriate government
exercising jurisdiction over the same.
The extent of participation shall be based on the amount of timber which may be harvested
therefrom.
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Section 43. Swamplands and mangrove forests. Strips of mangrove forest bordering
numerous islands which protect the shoreline, the shoreline roads, and even coastal
communities from the destructive force of the sea during high winds and typhoons, shall be
maintained and shall not be alienated. Such strips must be kept from artificial obstruction so
that flood water will flow unimpeded to the sea to avoid flooding or inundation of cultivated
areas in the upstream.
All mangrove swamps set aside for coast-protection purposes shall not be subject to clear-
cutting operation.
Mangrove and other swamps released to the Bureau of Fisheries and Aquatic Resources
for fishpond purposes which are not utilized, or which have been abandoned for five (5)
years from the date of such release shall revert to the category of forest land.
Section 44. Visitorial power. The Department Head may, by himself or thru the Director or
any qualified person duly designated by the Department Head, investigate, inspect and
examine records, books and other documents relating to the operation of any holder of a
license agreement, license, lease, or permit, and its subsidiary or affiliated companies, to
determine compliance with the terms and conditions thereof, this Code and pertinent laws,
policies, rules and regulations.
Section 45. Authority of forest officers. When in the performance of their official duties,
forest officers, or other government officials or employees duly authorized by the
Department Head or Director, shall have free entry into areas covered by a license
agreement, license, lease or permit.
Forest officers are authorized to administer oath and take acknowledgment in official
matters connected with the functions of their office, and to take testimony in official
investigations conducted under the authority of this Code and the implementing rules and
regulations.
Section 46. Scaling stations. In collaboration with appropriate government agencies, the
Bureau shall establish control or scaling stations at suitably located outlets of timber and
other forest products to insure that they were legally cut or harvested.
Section 47. Mining operations. Mining operations in forest lands shall be regulated and
conducted with due regard to protection, development and utilization of other surface
resources.
Location, prospecting, exploration, utilization or exploitation of mineral resources in forest

reservations shall be governed by Mining laws, rules and regulations. No location,
prospecting, exploration, utilization, or exploitation of mineral resources inside forest
concessions shall be allowed unless proper notice has been served upon the licensees
thereof and the prior approval of the Director, secured.
Mine tailings and other pollutants affecting the health and safety of the people, water, fish,
vegetation, animal life and other surface resources, shall be filtered in silt traps or other
filtration devices and only clean exhausts and liquids shall be released therefrom.
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Surface-mined areas shall be restored to as near its former natural configuration or as

approved by the Director prior to its abandonment by the mining concern.
Section 48. Mineral Reservations. Mineral reservations which are not the subject of mining
operations or where operations have been suspended for more than five (5) years shall be
placed under forest management by the Bureau.
Mineral reservations where mining operations have been terminated due to the exhaustion
of its minerals shall revert to the category of forest land, unless otherwise reserved for other
purposes.
Section 49. Roads and other infrastructure. Roads and other infrastructure in forest lands
shall be constructed with the least impairment to the resource values thereof.
Government agencies undertaking the construction of roads, bridges, communications, and

other infrastructure and installations inside forest lands, shall coordinate with the Bureau,
especially if it will involve the utilization or destruction of timber and/or other forest
resources, or watershed disturbance therein, in order to adopt measures to avoid or reduce
damage or injury to the forest resource values.
They shall likewise extend assistance in the planning and establishment of roads, wharves,
piers, port facilities, and other infrastructure in locations designated as wood-processing
centers or for the convenience of wood-based industries.
In order to coincide and conform to government plans, programs, standards, and

specifications, holders of license agreements, licenses, leases and permits shall not
undertake road or infrastructure construction or installation in forest lands without the prior
approval of the Director, or in alienable and disposable lands, civil reservations and other
government lands, without the approval of the government agencies having administrative
jurisdiction over the same.
All roads and infrastructure constructed by holders of license agreements, licenses, leases
and permits belong to the State and the use and administration thereof shall be transferred
to the government immediately upon the expiration or termination thereof. Prior thereto the
Bureau may authorize the public use thereof, if it will not be detrimental to forest
conservation measures.
Where roads are utilized by more than one commercial forest user, the Bureau shall
prescribe the terms and conditions of joint use including the equitable sharing of
construction and/or maintenance costs, and of the use of these roads by other parties and
the collection of such fees as may be deemed necessary.
Section 50. Logging roads. There shall be indiscriminate construction of logging roads.
Such roads shall be strategically located and their widths regulated so as to minimize clear-
cutting, unnecessary damage or injury to healthy residuals, and erosion. Their construction
must not only serve the transportation need of the logger but, most importantly, the
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requirement to save as many healthy residuals as possible during cutting and hauling
operations.
Section 51. Management of occupancy in forest lands. Forest occupancy shall henceforth
be managed. The Bureau shall study, determine and define which lands may be the subject
of occupancy and prescribed therein, an agro-forestry development program.
Occupants shall undertake measures to prevent and protect forest resources.
Any occupancy in forest land which will result in sedimentation, erosion, reduction in water
yield and impairment of other resources to the detriment of community and public interest
shall not be allowed.
In areas above 50% in slope, occupation shall be conditioned upon the planting of desirable
trees thereon and/or adoption of other conservation measures.
Section 52. Census of kaingineros, squatters, cultural minorities and other occupants and
residents in forest lands. Henceforth, no person shall enter into forest lands and cultivate
the same without lease or permit.
A complete census of kaingineros, squatters, cultural minorities and other occupants and
residents in forest lands with or without authority or permits from the government, showing
the extent of their respective occupation and resulting damage, or impairment of forest
resources, shall be conducted.
The Bureau may call upon other agencies of the government and holders of license
agreement, license, lease and permits over forest lands to participate in the census.
Section 53. Criminal Prosecution. Kaingineros, squatters, cultural minorities and other
occupants who entered into forest lands before the effectivity of this Code, without permits
or authority, shall not be prosecuted: Provided, That they do not increase their clearings:
Provided, further, That they undertake, within two (2) months from the notice thereof, the
activities which will be imposed upon them by the Bureau in accordance with a
management plan calculated to conserve and protect forest resources.
E. SPECIAL USES
Section 54. Pasture in forest lands. No forest land 50% in slope or over may be utilized for
pasture purposes.
Forest lands which are being utilized for pasture shall be maintained with sufficient grass
cover to protect soil, water and other forest resources.
If grass cover is insufficient, the same shall be supplemented with trees or such vegetative
cover as may be deemed necessary.
The size of forest lands that may be allowed for pasture and other special uses shall be
determined by rules and regulations, any provision of law to the contrary notwithstanding.
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Section 55. Wildlife. Wildlife may be destroyed, killed, consumed, eaten or otherwise
disposed of, without the necessity of permit, for the protection of life, health, safety and
property, and the convenience of the people.
However, the Director may regulate the killing and destruction of wildlife in forest lands in
order to maintain an ecological balance of flora and fauna.
Section 56. Recreation. The Bureau shall, in the preparation of multiple-use management
plans, identify and provide for the protection of scenic areas in all forest lands which are
potentially valuable for recreation and tourism, and plan for the development and protection
of such areas to attract visitors thereto and meet increasing demands therefor.
The construction and operation of necessary facilities to accommodate outdoor recreation

shall be done by the Bureau with the use of funds derived from rentals and fees for the
operation and use of recreational facilities by private persons or operators, in addition to
whatever funds may be appropriated for such purposes.
Section 57. Other special uses of forest lands. Forest lands may be leased for a period not
exceeding twenty-five (25) years, renewable upon the expiration thereof for a similar period,
or held under permit, for the establishment of sawmills, lumber yards, timber depots, logging
camps, rights-of-way, or for the construction of sanatoria, bathing establishments, camps,
salt works, or other beneficial purposes which do not in any way impair the forest resources
therein.
F. QUALIFICATIONS
Section 58. Diffusion of benefits. The privilege to utilize, exploit, occupy, or possess forest
lands, or to conduct any activity therein, or to establish and operate wood-processing
plants, shall be diffused to as many qualified and deserving applicants as possible.
Section 59. Citizenship. In the evaluation of applications of corporations, increased Filipino

equity and participation beyond the 60% constitutional limitation shall be encouraged. All
other factors being equal, the applicant with more Filipino equity and participation shall be
preferred.
Section 60. Financial and technical capability. No license agreement, license, lease or
permit over forest lands shall be issued to an applicant unless he proves satisfactorily that
he has the financial resources and technical capability not only to minimize utilization, but
also to practice forest protection, conservation and development measures to insure the
perpetuation of said forest in productive condition.
Section 61. Transfers. Unless authorized by the Department Head, no licensee, lessee, or
permittee may transfer, exchange, sell or convey his license agreement, license, lease or
permit, or any of his rights or interests therein, or any of his assets used in connection
therewith.
The licensee, lessee, or permittee shall be allowed to transfer or convey his license
agreement, license, lease or permit only if he has not violated any forestry law, rule or
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regulation; has been faithfully complying with the terms and conditions of the license
agreement, license, lease or permit; the transferee has all the qualifications and none of the
disqualifications to hold a license agreement, license, lease or permit; there is no evidence
that such transfer or conveyance is being made for purposes of speculation; and the
transferee shall assume all the obligations of the transferor.
The transferor shall forever be barred from acquiring another license agreement, license,
lease or permit.
Section 62. Service contracts. The Department Head, may in the national interest, allow
forest products licensees, lessees, or permittees to enter into service contracts for financial,
technical, management, or other forms of assistance, in consideration of a fee, with any
foreign person or entity for the exploration, development, exploitation or utilization of the
forest resources, covered by their license agreements, licenses, leases or permits. Existing
valid and binding service contracts for financial, technical, management or other forms of
assistance are hereby recognized as such.
Section 63. Equity sharing. Every corporation holding a license agreement, license, lease
or permit to utilize, exploit, occupy or possess any forest land, or conduct any activity
therein, or establish and operate a wood-processing plant, shall within one (1) year after the
effectivity of this Code, formulate and submit to the Department Head for approval a plan for
the sale of at least twenty percent (20%) of its subscribed capital stock in favor of its
employees and laborers.
The plan shall be so implemented that the sale of the shares of stock shall be effected by
the corporation not later than the sixth year of its operation, or the first year of the effectivity
of this Code, if the corporation has been in operation for more than 5 years prior to such
effectivity.
No corporation shall be issued any license agreement, license, lease or permit after the
effectivity of this Code, unless it submits such a plan and the same is approved for
implementation within the sixth year of its operation.
The Department Head shall promulgate the necessary rules and regulations to carry out the
provisions of this section, particularly on the determination of the manner of payment,
factors affecting the selling price, establishment of priorities in the purchase of the shares of
stock, and the capability of the deserving employees and laborers. The industries
concerned shall extend all assistance in the promulgation of policies on the matter, such as
the submission of all data and information relative to their operation, personnel
management, and asset evaluation.
G. REGULATORY FEES
Section 64. Charges, fees and bonds. The Department Head, upon recommendation of the
Director, shall fix the amount of charges, rental, bonds and fees for the different kinds of
utilization, exploitation, occupation, possession, or activity inside forest lands, the filing and
processing of applications therefor, the issuance and renewal of license agreements,
licenses, leases and permits, and for other services; Provided, That all fees and charges
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presently being collected under existing laws and regulations shall continue to be imposed
and collected until otherwise provided; Provided, further, That timber taken and removed
from private lands for commercial purposes shall be exempt from the payment of forest
charges.
Section 65. Authority of Department Head to impose other fees. In addition to the fees and
charges imposed under existing laws, rules and regulations, the Department Head is hereby
authorized, upon recommendation of the Director and in consultation with representatives of
the industries affected, to impose other fees for forest protection, management,
reforestation, and development, the proceeds of which shall accrue into a special deposit of
the Bureau as its revolving fund for the aforementioned purposes.
Section 66. Collection and Disbursement. The collection of the charges and fees above-
mentioned shall be the responsibility of the Director or his authorized representative. The
Director shall remit his monthly collection of fees and charges mentioned in Section 64 to
the Treasurer of the Philippines within the first ten (10) days of the succeeding month;
Provided, That the proceeds of the collection of the fees imposed under Section 65 and the
special deposit heretofore required of licensees shall be constituted into a revolving fund for
such purposes and be deposited in the Philippine National Bank, as a special deposit of the
Bureau. The Budget Commissioner and the National Treasurer shall effect the quarterly
releases out of the collection accruing to the general fund upon request of the Director on
the basis of a consolidated annual budget of a work program approved by the Department
Head and the President.
In the case of the special deposit revolving fund, withdrawals therefrom shall be effected by
the Department Head on the basis of a consolidated annual budget prepared by the
Director of a work program for the specific purposes mentioned in Section 65.
Section 67. Basis of Assessment. Tree measurement shall be the basis for assessing
government charges and other fees on timber cut and removed from forest lands, alienable
or disposable lands, and the civil reservations; Provided, That until such time as the
mechanics of tree measurement shall have been developed and promulgated in rules and
regulations, the present scaling method provided for in the National Internal Revenue Code
shall be used.
The Director may, with the approval of the Department Head, prescribe a new method of
assessment of forest products and collection of charges thereon based upon the result of
production cost and market studies undertaken by the Bureau; Provided, That such charges
shall not be lower than those now imposed.
CHAPTER IV
CRIMINAL OFFENSES AND PENALTIES
Section 68. Cutting, gathering and/or collecting timber or other products without
license. Any person who shall cut, gather, collect, or remove timber or other forest products
from any forest land, or timber from alienable and disposable public lands, or from private
lands, without any authority under a license agreement, lease, license or permit, shall be
guilty of qualified theft as defined and punished under Articles 309 and 310 of the Revised
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Penal Code; Provided, That in the case of partnership, association or corporation, the
officers who ordered the cutting, gathering or collecting shall be liable, and if such officers
are aliens, they shall, in addition to the penalty, be deported without further proceedings on
the part of the Commission on Immigration and Deportation.
The Court shall further order the confiscation in favor of the government of the timber or
forest products to cut, gathered, collected or removed, and the machinery, equipment,
implements and tools used therein, and the forfeiture of his improvements in the area.
The same penalty plus cancellation of his license agreement, lease, license or permit and
perpetual disqualification from acquiring any such privilege shall be imposed upon any
licensee, lessee, or permittee who cuts timber from the licensed or leased area of another,
without prejudice to whatever civil action the latter may bring against the offender.
Section 69. Unlawful occupation or destruction of forest lands. Any person who enters and
occupies or possesses, or makes kaingin for his own private use or for others any forest
land without authority under a license agreement, lease, license or permit, or in any manner
destroys such forest land or part thereof, or causes any damage to the timber stand and
other products and forest growths found therein, or who assists, aids or abets any other
person to do so, or sets a fire, or negligently permits a fire to be set in any forest land shall,
upon conviction, be fined in an amount of not less than five hundred pesos (P500.00) nor
more than twenty thousand pesos (P20,000.00) and imprisoned for not less than six (6)
months nor more than two (2) years for each such offense, and be liable to the payment of
ten (10) times the rental fees and other charges which would have been accrued had the
occupation and use of the land been authorized under a license agreement, lease, license
or permit: Provided, That in the case of an offender found guilty of making kaingin, the
penalty shall be imprisoned for not less than two (2) nor more than (4) years and a fine
equal to eight (8) times the regular forest charges due on the forest products destroyed,
without prejudice to the payment of the full cost of restoration of the occupied area as
determined by the Bureau.
The Court shall further order the eviction of the offender from the land and the forfeiture to
the Government of all improvements made and all vehicles, domestic animals and
equipment of any kind used in the commission of the offense. If not suitable for use by the
Bureau, said vehicles shall be sold at public auction, the proceeds of which shall accrue to
the Development Fund of the Bureau.
In case the offender is a government official or employee, he shall, in addition to the above
penalties, be deemed automatically dismissed from office and permanently disqualified from
holding any elective or appointive position.
Section 70. Pasturing Livestock. Imprisonment for not less than six (6) months nor more
than two (2) years and a fine equal to ten (10) times the regular rentals due, in addition to
the confiscation of such livestock and all improvement introduced in the area in favor of the
government, shall be imposed upon any person, who shall, without authority under a lease
or permit, graze or cause to graze livestock in forest lands, grazing lands and alienable and
disposable lands which have not as yet been disposed of in accordance with the Public
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Land Act; Provided, That in case the offender is a corporation, partnership or association,
the officers and directors thereof shall be liable.
Section 71. Illegal occupation of national parks system and recreation areas and vandalism
therein. Any person who shall, without permit, occupy for any length of time any portion of
the national parks system or shall, in any manner, cut, destroy, damage or remove timber or
any species of vegetation or forest cover and other natural resources found therein, or shall
mutilate, deface or destroy objects of natural beauty or of scenic value within areas in the
national parks system, shall be fined not less than two hundred (P200.00) pesos or more
than five hundred (P500.00) pesos exclusive of the value of the thing damaged; Provided,
That if the area requires rehabilitation or restoration as determined by the Director, the
offender shall also be required to restore or compensate for the restoration of the damage;
Provided, Further, That any person who, without proper permit shall hunt, capture or kill any
kind of bird, fish or wild animal life within any area in the national parks system shall be
subject to the same penalty; Provided, Finally, That the Court shall order eviction of the
offender from the land and the forfeiture in favor of the Government of all timber or any
species of vegetation and other natural resources collected or removed, and any
construction or improvement made thereon by the offender. If the offender is an association
or corporation, the president or manager shall be directly responsible and liable for the act
of his employees or laborers.
In the event that an official of a city or municipal government is primarily responsible for
detecting and convicting the violator of the provisions of this Section, fifty per centum (50%)
of the fine collected shall accrue to such municipality or city for the development of local
parks.
Section 72. Destruction of wildlife resources. Any person violating the provisions of Section
55 of this Code, or the regulations promulgated thereunder, shall be fined not less than one
hundred (P100.00) pesos for each such violation and in addition shall be denied a permit for
a period of three (3) years from the date of the violation.
Section 73. Survey by unauthorized person. Imprisonment for not less than two (2) nor
more than four (4) years, in addition to the confiscation of the implements used in the
violation of this section including the cancellation of the license, if any, shall be imposed
upon any person who shall, without permit to survey from the Director, enter any forest
lands, whether covered by a license agreement, lease, license, or permit, or not, and
conduct or undertake a survey for whatever purpose.
Section 74. Misclassification and survey by government official or employee. Any public
officer or employee who knowingly surveys, classifies, or recommends the release of forest
lands as alienable and disposable lands contrary to the criteria and standards established in
this Code, or the rules and regulations promulgated hereunder, shall, after an appropriate
administrative proceeding, be dismissed from the service with prejudice to re-employment,
and upon conviction by a court of competent jurisdiction, suffer an imprisonment of not less
than one (1) year and a fine of not less than one thousand, (P1,000.00) pesos. The survey,
classification or release of forest lands shall be null and void.
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Section 75. Tax declaration on real property. Imprisonment for a period of not less than two
(2) nor more than four (4) years and perpetual disqualification from holding an elective or
appointive office, shall be imposed upon any public officer or employee who shall issue a
tax declaration on real property without a certification from the Director of Forest
Development and the Director of Lands or their duly designated representatives that the
area declared for taxation is alienable and disposable lands, unless the property is titled or
has been occupied and possessed by members of the national cultural minorities prior to
July 4, 1955.
Section 76. Coercion and influence. Any person who coerces, influences, abets or
persuades the public officer or employee referred to in the two preceding sections to commit
any of the acts mentioned therein shall suffer imprisonment of not less than one (1) year
and pay a fine of five hundred (P500.00) pesos for every hectare or a fraction thereof so
improperly surveyed, classified or released.
Section 77. Unlawful possession of implements and devices used by forest

officers. Imprisonment for a period of not less than (2) nor more than four (4) years and a
fine of not less than one thousand pesos (P1,000.00), nor more than ten thousand
(P10,000.00) pesos in addition to the confiscation of such implements and devices, and the
automatic cancellation of the license agreement, lease, license or permit, if the offender is a
holder thereof, shall be imposed upon any person who shall, without authority from the
Director or his authorized representative, make, manufacture, or has in his possession any
government marking, hatchet or other marking implement, or any marker, poster, or other
devices officially used by officers of the Bureau for the marking or identification of timber or
other products, or any duplicate, counterfeit, or imitation thereof, or make or apply a
government mark on timber or any other forest products by means of any authentic or
counterfeit device, or alter, deface, or remove government marks or signs, from trees, logs,
stumps, firewoods or other forest products, or destroy, deface, remove or disfigure any such
mark, sign, poster or warning notices set by the Bureau to designate the boundaries of
cutting areas, municipal or city forest or pasture, classified timber land, forest reserve, and
areas under the national park system or to make any false mark or imitation of any mark or
sign herein indicated; Provided, That if the offender is a corporation, partnership or
association, the officers and directors thereof shall be liable.
Section 78. Payment, collection and remittance of forest charges. Any person who fails to
pay the amount due and payable under the provisions of this Code, the National Internal
Revenue Code, or the rules and regulations promulgated thereunder, shall be liable to the
payment of a surcharge of twenty-five per centum (25%) of the amount due and payable.
Any person who fails or refuses to remit to the proper authorities said forest charges
collectible pursuant to the provisions of this Code or the National Internal Revenue Code, or
who delays, obstructs or prevents the same, or who orders, causes or effects the transfer or
diversion of the funds for purposes other than those specified in this Code, for each such
offense shall, upon conviction, be punished by a fine of not exceeding one hundred
thousand pesos (P100,000.00) and/or imprisonment for a period of not exceeding six (6)
years in the discretion of the Court. If the offender is a government official or employee, he
shall, in addition, be dismissed from the service with prejudice to reinstatement and with
disqualification from holding any elective or appointive office.
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If the offender is a corporation, partnership or association, the officers and directors thereof
shall be liable.
Section 79. Sale of wood products. No person shall sell or offer for sale any log, lumber,
plywood or other manufactured wood products in the international or domestic market
unless he complies with grading rules and established or to be established by the
Government.
Failure to adhere to the established grading rules and standards, or any act of falsification
of the volume of logs, lumber, or other forest products shall be a sufficient cause for the
suspension of the export, sawmill, or other license or permit authorizing the manufacture or
sale of such products for a period of not less than two (2) years.
A duly accredited representative of the Bureau shall certify to the compliance by the
licensees with grading rules.
Every dealer in lumber and other building material covered by this Code shall issue an
invoice for each sale of such material and such invoice shall state that the kind, standard
and size of material sold to each purchaser in exactly the same as described in the invoice.
Any violation of this Section shall be sufficient ground for the suspension of the dealer's
license for a period of not less than two (2) years and, in addition thereto, the dealer shall
be punished for each such offense by a fine of not less than two hundred pesos (P200.00)
or the total value of the invoice, whichever is greater.
Section 80. Arrest; Institution of criminal actions. A forest officer or employee of the Bureau
shall arrest even without warrant any person who has committed or is committing in his
presence any of the offenses defined in this Chapter. He shall also seize and confiscate, in
favor of the Government, the tools and equipment used in committing the offense, and the
forest products cut, gathered or taken by the offender in the process of committing the
offense. The arresting forest officer or employee shall thereafter deliver within six (6) hours
from the time of arrest and seizure, the offender and the confiscated forest products, tools
and equipment to, and file the proper complaint with, the appropriate official designated by
law to conduct preliminary investigations and file informations in court.
If the arrest and seizure are made in the forests, far from the authorities designated by law
to conduct preliminary investigations, the delivery to, and filing of the complaint with, the
latter shall be done within a reasonable time sufficient for ordinary travel from the place of
arrest to the place of delivery. The seized products, materials and equipment shall be
immediately disposed of in accordance with forestry administrative orders promulgated by
the Department Head.
The Department Head may deputize any member or unit of the Philippine Constabulary,
police agency, barangay or barrio official, or any qualified person to protect the forest and
exercise the power or authority provided for in the preceding paragraph.
Reports and complaints regarding the commission of any of the offenses defined in this
Chapter, not committed in the presence of any forest officer or employee, or any of the
deputized officers or officials, shall immediately be investigated by the forest officer
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assigned in the area where the offense was allegedly committed, who shall thereupon
receive the evidence supporting the report or complaint.
If there is prima facie evidence to support the complaint or report, the investigating forest
officer shall file the necessary complaint with the appropriate official authorized by law to
conduct a preliminary investigation of criminal cases and file an information in Court.
SPECIAL CLAUSES
Section 81. Separability Clause. Should any provision herein be subsequently declared
unconstitutional, the same shall not affect the validity or the legality of the other provisions.
Section 82. Repealing Clause. Presidential Decree Nos. 330, and 389, C.A. No. 452, R.A.
No. 4715 and all laws, orders, rules and regulations or any part thereof which are
inconsistent herewith are hereby repealed or amended accordingly.
Section 83. Date of Effectivity. This Code shall take effect immediately upon promulgation.
Done in the City of Manila, this 19th day of May, in the year of Our Lord, nineteen hundred
and seventy-five.
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Republic of the Philippines

Congress of the Philippines
Metro Manila
Twelfth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand
three.
Republic Act No. 9275 March 22, 2004
AN ACT PROVIDING FOR A COMPREHENSIVE WATER QUALITY MANAGEMENT

AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippine Congress

Assembled:
CHAPTER 1
GENERAL PROVISIONS
ARTICLE 1
DECLARATION OF PRINCIPLES AND POLICIES
SECTION 1. Short Title. - This Act shall be known as the "Philippine Clean Water Act of
2004."
SECTION 2. Declaration of Policy. - The State shall pursue a policy of economic growth in
a manner consistent with the protection, preservation and revival of the quality of our fresh,
brackish and marine waters. To achieve this end, the framework for sustainable
development shall be pursued. As such, it shall be the policy of the State:
a) To streamline processes and procedures in the prevention, control and abatement

of pollution of the country's water resources;
b) To promote environmental strategies, use of appropriate economic instruments

and of control mechanisms for the protection of water resources;
c) To formulate a holistic national program of water quality management that

recognizes that water quality management issues cannot be separated from
concerns about water sources and ecological protection, water supply, public health
and quality of life;
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d) To formulate an integrated water quality management framework through proper

delegation and effective coordination of functions and activities;
e) promote commercial and industrial processes and products that are environment
friendly and energy efficient;
f) To encourage cooperation and self-regulation among citizens and industries

through the application of incentives and market-based instruments and to promote
the role of private industrial enterprises in shaping its regulatory profile within the
acceptable boundaries of public health and environment;
g) To provide for a comprehensive management program for water pollution focusing

on pollution prevention;
h) To promote public information and education and to encourage the participation of

an informed and active public in water quality management and monitoring;
i) To formulate and enforce a system of accountability for short and long-term

adverse environmental impact of a project, program or activity; and
j) To encourage civil society and other sectors, particularly labor, the academe and
business undertaking environment-related activities in their efforts to organize,
educate and motivate the people in addressing pertinent environmental issues and
problems at the local and national levels.
SECTION 3. Coverage of the Act. - This Act shall apply to water quality management in all
water bodies: Provided, That it shall primarily apply to the abatement and control of pollution
from land based sources: Provided, further, That the water quality standards and
regulations and the civil liability and penal provisions under this Act shall be enforced
irrespective of sources of pollution.
ARTICLE 2
DEFINITION OF TERMS
SECTION 4. Definition of Terms. - As used in this Act:
a) Aquifer - means a layer of water-bearing rock located underground that transmits

water in sufficient quantity to supply pumping wells or natural springs.
b) Aquatic life - means all organisms living in freshwater, brackish and marine
environment.
c) Beneficial use - means the use of the environment or any element or segment
thereof conducive to public or private welfare, safety and health; and shall include,
but not be limited to, the use of water for domestic, municipal, irrigation, power
generation, fisheries, livestock raising, industrial, recreational and other purposes.
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1. Use of water for domestic purposes - means the utilization of water for
drinking, washing, bathing, cooking or other household needs, home gardens
and watering of lawns or domestic animals;
2. Use of water for municipal purposes - means the utilization of water for
supplying water requirements of the community;
3. Use of water for irrigation - means the utilization of water for producing
agricultural crops;
4. Use of water for power generation - means the utilization of water for
producing electrical or mechanical power;
5. Use of water for fisheries - means the utilization of water for the
propagation of culture of fish as a commercial enterprise;
6. Use of water for livestock raising - means the utilization of water for large
herds or flocks of animals raised as a commercial enterprise;
7. Use of water for industrial purposes - means the utilization of water in

factories, industrial plants and mines, including the use of water as an
ingredient of a finished product; and
8. Use of water for recreational purposes - means 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.
d) Classification/Reclassification of Philippine Waters - means the categorization of

all water bodies taking into account, among others, the following: (1) existing quality
of the body of water; (2) size, depth, surface area covered, volume, direction, rate of
flow and gradient of stream; (3) most beneficial existing and future use of said
bodies of water and lands bordering them, such as for residential, agricultural,
aquacultural, commercial, industrial, navigational, recreational, wildlife conservation
and aesthetic purposes; and (4) vulnerability of surface and groundwater to
contamination from pollutive and hazardous wastes, agricultural chemicals and
underground storage tanks of petroleum products.
e) Civil Society - means non-government organizations (NGOs) and people's

organizations (POs).
f) Cleaner Production - means the application of an integrated, preventive

environmental strategy to processes, products, services to increase efficiency and
reduce risk to humans and the environment;
g) Clean-up operations - means activities involving the removal of pollutants

discharged or spilled into a water body and its surrounding areas, and the restoration
of the affected areas to their former physical, chemical and biological state or
conditions.
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h) Contamination - means the production of substances not found in the natural

composition of water that make the water less desirable or unfit desirable or unfit for
intended use.
i) Department - means the Department of Environment and Natural Resources.
j) Discharge includes, but is not limited to, the act of spilling, leaking, pumping,
pouring, emitting, emptying, releasing or dumping of any material into a water body
or onto land from which it might flow or drain into said water.
k) Drinking water- means water intended for human consumption or for use in food
preparation.
l) Dumping - means any unauthorized or illegal disposal into any body of water or
land of wastes or toxic or hazardous material: Provided, That it does not mean a
release of effluent coming from commercial, industrial, and domestic sources which
are within the effluent standards.
m) Effluent - means discharge from known sources which is passed into a body of
water or land, or wastewater flowing out of a manufacturing plant, industrial plant
including domestic, commercial and recreational facilities.
n) Effluent standard - means any legal restriction or limitation on quantities, rates,

and/or concentrations or any combination thereof, of physical, chemical or biological
parameters of effluent which a person or point source is allowed to discharge into a
body of water or land.
o) Environmental management - means the entire system which includes, but is not
limited to, conservation, regulation and minimization of pollution, clean production,
waste management, environmental law and policy, environmental education and
information, study and mitigation of the environmental impacts of human activity, and
environmental research.
p) Environmental management system - means the part of the overall management

system that includes organizational structure, planning activities, responsibilities,
practices, procedures, processes and resources for developing, implementing,
achieving, reviewing and maintaining the environment policy.
q) Freshwater - means water containing less than 500 ppm dissolved common salt,
sodium chloride, such as that in groundwater, rivers, ponds and lakes.
r) Groundwater - means a subsurface water that occurs beneath a water table in

soils and rocks, or in geological formations.
s) Groundwater vulnerability - means relative ease with which a contaminant located

at or near the land surface can migrate to the aquifer or deep well.
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t) Groundwater vulnerability map - means the identified areas of the land surface
where groundwater quality is most at risk from human activities and shall reflect the
different degrees of groundwater vulnerability based on a range of soil properties
and hydro geological criteria to serve as guide in the protection of the groundwater
from contamination.
u) Hazardous waste - means any waste or combination of wastes of solid liquid,

contained gaseous, or semi-solid form which cause, of contribute to, an increase in
mortality or an increase in serious irreversible, or incapacitating reversible illness,
taking into account toxicity of such waste, its persistence and degradability in nature,
its potential for accumulation or concentration in tissue, and other factors that may
otherwise cause or contribute to adverse acute or chronic effects on the health of
persons or organism.
v) Industrial waste - means any solid, semi-solid or liquid waste material with no
commercial value released by a manufacturing or processing plant other than
excluded material.
w) Integrated Water Quality Management Framework - means the policy guideline

integrating all the existing frameworks prepared by all government agencies contain
the following; water quality goals and targets; (b) period of compliance; (c) water
pollution control strategies and techniques; (d) water quality information and
education program; (e) human resources development program.
x) Margin - means a landward and outer limiting edge adjacent to the border of any
water bodies or a limit beyond where beyond where saturation zone ceases to exist.
y) National Water Quality Status Report - means a report to be prepared by the

Department indicating: a) the location of water bodies, their quality, taking into
account seasonal, tidal and others variations, existing and potential uses and
sources of pollution per specific pollutant and pollution load assessment; b) water
quality management areas pursuant to Section 5 of this Act; c) and water
classification.
z) Non-point source - means any source of pollution not identifiable as point source
to include, but not be limited to, runoff from irrigation or rainwater, which picks up
pollutants from farms and urban areas.
aa) Point source - means any identifiable source of pollution with specific point of
discharge into a particular water body.
bb) Pollutant- shall refer to any substance, whether solid, liquid, gaseous or
radioactive, which directly or indirectly:
(i) alters the quality of any segment of the receiving water body to affect or
tend to affect adversely any beneficial use thereof;
(ii) is hazardous or potential hazardous to health;
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(iii) imparts objectionable odor, temperature change, or physical, chemical or

biological change to any segment of the water body; or
(iv) is in excess of the allowable limits, concentrations, or quality standards

specified, or in contravention of the condition, limitation or restriction
prescribed in this Act.
cc) Pollution control technology- means pollution control devices or apparatus,

processes, or other means that effectively prevent control or reduce pollution of
water caused by effluents and other discharges, from any point source at levels
within the water pollution standards.
dd) Potentially infectious medical waste- include isolation wastes, infectious agents,
human blood and blood products, pathological wastes, sharps, body parts,
contaminated bedding, surgical wastes, and other disposable medical equipment
and material that may pose a risk to the public health, welfare or the marine
environment.
ee) Secretary - means the Secretary of the Department of Environmental and

Natural Resources (DENR).
ff) Septage - means the sludge produced on individual onsite wastewater disposal
systems, principally septic tanks and cesspools.
gg) Sewage - means water-borne human or animal wastes, excluding oil or oil
wastes, removed from residences, building, institutions, industrial and commercial
establishments together with such groundwater, surface water and storm water as
maybe present including such waste from vessels, offshore structures, other
receptacles intended to receive or retain waste or other places or the combination
thereof.
hh) Sewerage - includes, but is not limited to, any system or network of pipelines,
ditches, channels, or conduits including pumping stations, lift stations and force
mains, service connections including other constructions, devices, and appliances
appurtenant thereto, which includes the collection, transport, pumping and treatment
of sewage to a point of disposal.
ii) Sludge - means any solid, semi-solid or liquid waste or residue generated from a
wastewater treatment plant, water supply treatment plant, or water control pollution
facility, or any other such waste having similar characteristics and effects.
jj) Surface water - means all water, which is open to the atmosphere and subject to
surface runoff.
kk) Treatment - means any method, technique, or process designed to alter the
physical, chemical or biological and radiological character or composition of any
waste or wastewater to reduce or prevent pollution.
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ll) Toxic amount - means the lowest amount of concentration of toxic pollutants,
which may cause chronic or long-term acute or lethal conditions or effects to the
aquatic life, or health of persons or which may adversely affect designated water
uses.
mm) Waste - means any material either solid, liquid, semisolid, contained gas or
other forms resulting industrial, commercial, mining or agricultural operations, or
from community and household activities that is devoid of usage and discarded.
nn) Wastewater - means waste in liquid state containing pollutants.
oo) Water body - means both natural and man-made bodies of fresh, brackish, and
saline waters, and includes, but is not limited to, aquifers, groundwater, springs,
creeks, streams, rivers, ponds, lagoons, water reservoirs, lakes, bays, estuarine,
coastal and marine waters. Water bodies do not refer to those constructed,
developed and used purposely as water treatment facilities and / or water storage for
recycling and re-use which are integral to process industry or manufacturing.
pp) Water Pollution - means any alteration of the physical, chemical, biological, or
radiological properties of a water body resulting in the impairment of its purity or
quality.
qq) Water Quality - means the characteristics of water, which define its use in
characteristics by terms of physical, chemical, biological, bacteriological or
radiological characteristics by which the acceptability of water is evaluated.
rr) Water quality guidelines - means the level for a water constituent or numerical
values of physical, chemical, biological and bacteriological or radiological
parameters which are used to classify water resources and their use, which does not
result in significant health risk and which are not intended for direct enforcement but
only for water quality management purposes, such as determining time trends,
evaluating stages of deterioration or enhancement of the water quality, and as basis
for taking positive action in preventing, controlling or abating water pollution.
ss) Water Quality Management Area Action Plan - includes, but not be limited to, the
following: (a) goals and targets including sewerage or septage program, (b) schedule
of compliance to meet the applicable requirements of this Act; (c) water pollution
control strategies or techniques; (d) water quality information and education
program; e) resource requirement and possible sources; f) enforcement procedures
of the plan and (g) rewards and incentives under Chapter 4 of this Act.
CHAPTER 2
WATER QUALITY MANAGEMENT SYSTEM
ARTICLE 1
GENERAL PROVISIONS
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SECTION 5. Water Quality Management Area. - The Department, in coordination with

National Water Resources Board (NWRB), shall designate certain areas as water quality
management areas using appropriate physiographic units such as watershed, river basins
or water resources regions. Said management areas shall have similar hydrological,
hydrogeological, meteorological or geographic conditions which affect the physicochemical,
biological and bacteriological reactions and diffusions of pollutants in the water bodies, or
otherwise share common interest or face similar development programs, prospects or
problems.
Said management area shall be governed by a governing board composed of

representatives of mayors and governors of member local government units (LGUs), and
representatives of relevant national government agencies, duly registered non-
governmental organization, water utility sector, and business sector. The Department
representative shall chair the governing board. In the case of the LGUs with memberships
on more than one (1) management board, the LGU shall designate only one (1) single
representative for all the management areas wherein is a member.
The governing board shall formulate strategies to coordinate policies necessary for the
effective implementation of this Act in accordance with those established in the framework
and monitor the compliance with the action plan.
Each management area shall create a multi-sectoral group to establish and affect water
quality surveillance and monitoring network including sampling schedules and other similar
activities. The group shall submit its report and recommendation to the chairman of the
governing board.
A technical secretariat for each management area is hereby created which shall be part of
the department and shall provide technical support to the governing board. They shall be
composed of at least four (4) members who shall have the following minimum qualifications:
a) One (1) member shall be a member of the Philippines Bar;
b) One (1) member shall be a Chemical Engineer, Chemist, Sanitary Engineer,

Environmental Engineer or Ecologist or significant training and experience in
chemistry;
c) One (1) member shall be a Civil Engineer or Hydrologist or Significant training and
experience in closely related fields and experience on ground water, respectively;
and
d) One (1) member shall be a Geologist, Biologist, or significant training and

experience in closely related fields.
The areas within the jurisdiction of the Laguna Lake Development Authority (LLDA) shall be
designated as one management area under the administration of LLDA in accordance with
R.A. No. 4850, as amended: Provided, However, That the standards promulgated pursuant
to this Act and wastewater charge system established pursuant hereof shall be enforced in
said area.
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SECTION 6. Management of Non-attainment Areas. - The Department shall designate

water bodies, or portions thereof, where specific pollutants from either natural or man-made
source have already exceeded water quality guidelines as non-attainment areas for the
exceeded pollutants. It shall prepare and implement a program that will not allow new
sources of exceeded water pollutant in non-attainment areas without a corresponding
reduction in discharges from existing sources; Provided, That if the pollutant is naturally
occurring, e.g. naturally high boron and other elements in geothermal areas, discharge of
such pollutant may be allowed: Provided, further, That the effluent concentration of
discharge shall not exceed the naturally occurring level of such pollutant in the area:
Provided, Finally, That the effluent concentration and volume of discharge shall not
adversely affect water supply, public health and ecological protection.
The Department shall, in coordination with NWRB, Department of Health (DOH),

Department of Agriculture (DA), governing board and other concerned government
agencies and private sectors shall take such measures as may be necessary to upgrade
the quality of such water in non-attainment areas to meet the standards under which it has
been classified.
Upgrading of water quality shall likewise include undertakings, which shall improve the
water quality of a water body to a classification that will meet its projected or potential use.
The LGUs shall prepare and implement contingency plans and other measures including
relocation, whenever necessary, for the protection of health and welfare of the residents
within potentially affected areas.
SECTION 7. National Sewerage and Septage Management Program. - The Department

of Public Works and Highways (DPWH), through its relevant attached agencies, in
coordination with the Department, local government units (LGUs) and other concerned
agencies, shall, as soon as possible, but in no case exceeding a period of twelve (12)
months from the affectivity of this Act, prepare a national program on sewerage and
septage management in connection with Section 8 hereof.
Such program shall include a priority listing of sewerage, septage and combined sewerage-
septage projects for LGUs based on population density and growth, degradation of water
resources, topography, geology, vegetation, program/projects for the rehabilitation of
existing facilities and such other factors that the Secretary may deem relevant to the
protection of water quality. On the basis of such national listing, the national government
may allot, on an annual basis, funds for the construction and rehabilitation of required
facilities.
Each LGU shall appropriate the necessary land, including the required rights-of-way/road
access to the land for the construction of the sewage and/or septage treatment facilities.
Each LGU may raise funds to subsidize necessary expenses for the operation and
maintenance of sewerage treatment or septage facility servicing their area of jurisdiction
through local property taxes and enforcement of a service fee system.
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SECTION 8. Domestic Sewage Collection, Treatment and Disposal. - Within five (5)
years following the effectivity of this Act, the Agency vested to provide water supply and
sewerage facilities and/or concessionaires in Metro Manila and other highly urbanized cities
(HUCs) as defined in Republic Act No. 7160, in coordination with LGUs, shall be required to
connect the existing sewage line found in all subdivisions, condominiums, commercial
centers, hotels, sports and recreational facilities, hospitals, market places, public buildings,
industrial complex and other similar establishments including households to available
sewerage system. Provided, That the said connection shall be subject to sewerage services
charge/fees in accordance with existing laws, rules or regulations unless the sources had
already utilized their own sewerage system: Provided, further, That all sources of sewage
and septage shall comply with the requirements herein.
In areas not considered as HUCs, the DPWH in coordination with the Department, DOH
and other concerned agencies, shall employ septage or combined sewerage-septage
management system.
For the purpose of this section, the DOH, coordination with other government agencies,
shall formulate guidelines and standards for the collection, treatment and disposal of
sewage including guidelines for the establishment and operation of centralized sewage
treatment system.
SECTION 9. National Water Quality Management Fund. - A water quality management

fund, to be administered by the Department, in coordination with other concerned agencies,
as a special account in the National Treasury is hereby established. The fund shall be used
to finance the following:
a) Finance containment and clean-up operations of the government in water

pollution cases;
b) Guarantee restoration of ecosystems and rehabilitation of affected areas;
c) Support research, enforcement and monitoring activities;
d) Provide technical assistance to the implementing agencies;
e) Grant rewards and incentives;
f) Support information and educational campaign; and
g) Such other disbursements made solely for the prevention, control or abatement of
water pollution and management and administration of the management areas in the
amounts authorized by the Department.
The fines imposed and damages awarded to the government by the Pollution Adjudication
Board (PAB), proceeds of permits issued by the Department under this Act, donations,
endowments and grants in the form of contributions to the national government under this
Act shall form part of the fund. Such donations, endowments and grants shall be exempt
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from donor's taxes and all other taxes, charges or fees imposed by the government and
shall be deductible from the gross income of the donor for income tax purposes.
Disbursements from the fund shall be subject to the usual accounting and budgeting rules
and regulations.
SECTION 10. The Area Water Quality Management Fund. - The area water quality
management fund is hereby established for the maintenance and upkeep of the water
bodies in a water quality management area. The fund shall be utilized for the grant of
rewards and incentives for entities whose effluent discharges are better than the water
quality criteria of the target classification of the receiving body of water, loans for
acquisitions and repairs of facilities to reduce quantity and improve quality of wastewater
discharges, and regular maintenance of the water bodies within the management area.
An amount of not more than ten percent (10%) of the total amount accruing to the funds
annually shall be allocated for the operational expenses of the governing board, its
secretariat and multi-sectoral water quality surveillance and monitoring network.
This fund shall initially be sourced from the fines incurred by the establishments located in
rural areas before the effectivity of this Act. Thereafter, the fees collected under the
wastewater charge system established under Section 13 of this Act, donations,
endowments and grants for water quality management of the area shall accrue to the fund.
Disbursements from the fund shall be subject to the usual accounting and budgeting rules
and regulations. This fund shall be managed by the Board of the corresponding
management area.
SECTION 11. Water Quality Variance for Geothermal and Oil and Gas Exploration. -
The Department may provide variance in water quality criteria and standards for geothermal
exploration that encounters re-injection constraints: Provided, That there shall be provision
for adequate protection of beneficial use of water bodies, downstream of the geothermal
project: Provided, further, That this provision may be applied to oil and gas exploration as
determined by the Department.
SECTION 12. Categories of Industry Sector. - Within twenty-four (24) months from the
effectivity of this Act, and every two (2) years thereafter, the Department shall, through due
public consultation, revise and publish a list of categories of industry sector for which
effluent standards will be provided for each significant wastewater parameter per industry
sector.
The Department shall provide additional classification based on other parameters

specifically associated to discharge of a particular industry which shall be included in the
listing of categories prescribed in the preceding paragraph.
ARTICLE 2
WATER POLLUTION PERMITS AND CHARGES
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SECTION 13. Wastewater Charge System. - The Department shall implement a

wastewater charge system in all management areas including the Laguna Lake Region and
Regional Industrial Centers through the collection of wastewater charges/fees. The system
shall be established on the basis of payment to the government for discharging wastewater
into the water bodies. Wastewater charges shall be established taking into consideration the
following:
a) To provide strong economic inducement for polluters to modify their production or

management processes or to invest in pollution control technology in order to reduce
the amount of water pollutants generated;
b) To cover the cost of administering water quality management or improvement

programs;
c) Reflect damages caused by water pollution on the surrounding environment,

including the cost of rehabilitation;
d) Type of pollutant;
e) Classification of the receiving water body; and
f) Other special attributes of the water body.
The fee shall be based on the net waste load depending on the wastewater, charge formula
which shall be established with due public consultation within six (6) months from the
effectivity of this Act: Provided, That net waste load shall refer to the difference of the initial
waste load of the abstracted water and the waste load of the final effluent discharge of an
industry: Provided, further, That no net waste load shall be lower than the initial waste load:
Provided, finally, That wastewater charge system shall not apply to wastewater from
geothermal exploration.
Industries whose water effluent are within standards promulgated pursuant to this Act, shall
only be charged with minimal reasonable amount which shall be determined by the
Department after due public consultation, giving account to volumetric rate of discharge and
effluent concentration.
SECTION 14. Discharge Pemits. - The Department shall require owners or operators of
facilities that discharge regulated effluents pursuant to this Act to secure a permit to
discharge. The discharge permit shall be the legal authorization granted by the Department
to discharge wastewater: Provided, That the discharge permit shall specify among others,
the quantity and quality of effluent that said facilities are allowed to discharge into a
particular water body, compliance schedule and monitoring requirement.
As part of the permitting procedure, the Department shall encourage the adoption of waste
minimization and waste treatment technologies when such technologies are deemed cost
effective. The Department shall also develop procedures to relate the current water quality
guideline or the projected water quality guideline of the receiving water body/ies with total
pollution loadings from various sources, so that effluent quotas can be properly allocated in
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the discharge permits. For industries without any discharge permit, they may be given a
period of twelve {12) months after the effectivity of the implementing rules and regulations
promulgated pursuant to this Act, to secure a discharge permit.
Effluent trading may be allowed per management area.
ARTICLE 3
FINANCIAL LIABILITY MECHANISM
SECTION 15. Financial Liability for Environmental Rehabilitation. - The Department

shall require program and project proponents to put up environmental guarantee fund {EGF)
as part of the environmental management plan attached to the environmental compliance
certificate pursuant to Presidential Decree No.1586 and its implementing rules and
regulations. The EGF shall finance the maintenance of the health of the ecosystems and
specially the conservation of watersheds and aquifers affected by the development, and the
needs of emergency response, clean-up or rehabilitation of areas that may be damaged
during the program's or project's actual implementation. Liability for damages shall continue
even after the termination of a program or project and, until the lapse of a given period
indicated in the environmental compliance certificate, as determined by the Department.
The EGF may be in the form of a trust fund, environmental insurance, surety bonds, letters
of credit, self-insurance and any other instruments which may be identified by the
Department. The choice of the guarantee instrument or combinations thereof shall depend,
among others, on the assessment of the risks involved and financial test mechanisms
devised by the Department. Proponents required to put up guarantee instruments shall
furnish the Department with evidence of availment of such instruments from accredited
financial instrument providers.
SECTION 16. Clean-Up Operations. - Notwithstanding the provisions of Sections 15 and

26 hereof, any person who causes pollution in or pollutes water bodies in excess of the
applicable and prevailing standards shall be responsible to contain, remove and clean-up
any pollution incident at his own expense to the extent that the same water bodies have
been rendered unfit for utilization and beneficial use: Provided, That in the event emergency
clean-up operations are necessary and the polluter fails to immediately undertake the same,
the Department, in coordination with other government agencies concerned, shall conduct
containment, removal and clean-up operations. Expenses incurred in said operations shall
be reimbursed by the persons found to have caused such pollution upon proper
administrative determination in accordance with this Act. Reimbursements of the cost
incurred shall be made to the Water Quality Management Fund or to such other funds
where said disbursements were sourced.
SECTION 17. Programmatic Environmental Impact Assessment. - The Department

shall implement programmatic compliance with the environmental impact assessment
system, as in the following types of development:
a) development consisting of a series of similar projects, or a project subdivided into

several phases and/or stages whether situated in a contiguous area or
geographically dispersed; and
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b) development consisting of several components or a cluster of projects co-located

in an area such as an industrial estate, an export processing zone, or a development
zone identified in a local land use plan.
Programmatic compliance with the environmental impact assessment system shall be

guided by carrying capacity assessments determined from ecological profiles. Ecological
profiles shall Identify environmental constraints and opportunities in programmatic areas.
Programmatic assessment shall also take into account cumulative impacts and risks.
Consistent with the provisions of the Local Government Code, the Department may enter
into agreement with LGUs to incorporate programmatic environmental impact assessment
into the preparation, updating or revision of local land use plans and area development
plans.
SECTION 18. Environmental Impact Assessment System Programmatic Compliance

with Water Quality Standards. - The. Department may allow each regional industrial
center established pursuant to Republic Act No.7916 (PEZA law) to allocate effluent quotas
to pollution sources within its jurisdiction that qualify under an environmental impact
assessment system programmatic compliance program in accordance with Presidential
Decree No. 15867 and its implementing rules and regulations.
CHAPTER 3
INSTITUTIONAL MECHANISM
SECTION 19. Lead Agency. - The Department shall be the primary government agency
responsible for the implementation and enforcement of this Act unless otherwise provided
herein. As such, it shall have the following functions, powers and responsibilities:
a) Prepare a National Water Quality Status Report within twenty-four (24) months
from the effectivity of this Act: Provided, That the Department shall thereafter review
or revise and publish annually, or as the need arises, said report;
b) Prepare an Integrated Water Quality Management Framework within twelve (12)

months following the completion of the status report;
c) Prepare a ten (10) year Water Quality Management Area Action Plan within
twelve (12) months following the completion of the framework for each designated
water management area. Such action plan shall be reviewed by the water quality
management area governing board every five (5) years or as need arises;
d) Prepare and publish a national a national groundwater vulnerability map

incorporating the prevailing standards and methodologies, within twenty four (24)
months after the effectivity of this Act;
e) Enforce, review and revise within twelve (12) months from the effectivity of this
Act water quality guidelines after due consultation with the concerned stakeholder
sectors: Provided, That the Department, in coordination with appropriate agencies
shall review said guidelines every five (5) years or as need arises;
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f) Review and set effluent standards every five (5) years from the effectivity of this
Act or sooner as determined by the Department: Provided, That in the interim, the
provisions of DENR Administrative Order No. 35 of the Department shall
apply: Provided, further, That when new and more stringent standards are set in
accordance with this section, the Department may establish a grace period with a
maximum of five (5) years: Provided, finally, That such grace period shall be limited
to the moratorium on the issuance of cease and desist and/or closure order against
the industry's operations except in the event such operation poses serious and grave
threat to the environment, or the industry fails to institute retooling, upgrading or
establishing an environmental management system (EMS).
g) Establish within twelve (12) months from the effectivity of this Act, internationally-
accepted procedures for sampling and analysis of pollutants and in coordination with
other concerned agencies, formulate testing procedures and establish an
accreditation system for laboratories;
h) Within eighteen (18) months from the effectivity of this Act and every two (2) years
thereafter, categorize point and non-point sources of water pollution;
i) Classify groundwater sources within twelve (12) months from the effectivity of this
Act;
j) Classify or reclassify all water bodies according to their beneficial

usages: Provided, that in the interim, the provisions of DENR Administrative Order
No.34 shall apply: Provided, further, that such classification or reclassification shall
take into consideration the operation of businesses or facilities that are existing prior
to the effectivity of the Act: Provided, furthermore, that the Department may
authorize the use of the water for other purposes that are more restrictive in
classification: Provided, finally, That discharges resulting from such use shall meet
the effluent standards set by the Department;
k) Exercise jurisdiction over all aspects of water pollution, determine its location,
magnitude, extent, severity, causes, effects and other pertinent information on
pollution, and to take measures, using available methods and technologies to
prevent and abate such pollution;
l) Exercise supervision and control over all aspects of water quality management;
m) Establish a cooperative effort in partnership with the government, LGUs,

academic institutions, civil society and the private sector to attain the objectives of
this Act;
n) Disseminate information and conduct educational awareness and value formation

programs and campaigns on the effects of water pollution on health and
environment, water quality management, and resource conservation and recovery to
encourage an environmentally action-oriented society in coordination with
government agencies identified in Section 22 (f);
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o) Promote. and encourage private and business sectors especially manufacturing

and processing plants the use of water quality management systems equipment,
including but not limited to, industrial wastewater treatment collection and treatment
facilities;
p) Report, on an annual basis, to Congress the, quality status of water bodies and
other pertinent information and recommend possible legislation, policies and
programs for environmental management and water pollution control;
q) Issue rules and regulations for the effective implementation of the provisions of
this Act;
r) Issue orders against any person or entity and impose fines, penalties and other
administrative sanctions to compel compliance with water quality the provisions of
this Act;
s) Undertake appropriate protocol with other concerned agencies for immediate

coordinated responses to water related emergency incidents;
t) Issue permits, clearances and similar instruments pursuant to this Act; and
u) Exercise such powers and perform such other functions as may be necessary to
carry out the objectives of this Act
The Department shall gradually devolve to the LGUs, and to the governing boards the
authority to administer some aspects of water quality management and regulation,
including, but not to be limited to, permit issuance, monitoring and imposition of
administrative penalties, when, upon the Department's determination, the LGU or the
governing board has demonstrated readiness and technical capability to undertake such
functions.
SECTION 20. Role of Local Government Units. - Local government units shall share the
responsibility in the management and improvement of water quality within their territorial
jurisdictions.
Each local government unit shall within six (6) months after the establishment of the water
quality management area action plan prepare a compliance scheme in, accordance thereof,
subject to review and approval of the governing board.
Each local government unit shall, through its Environment and Natural Resources Office
(ENRO) established in Republic Act No.7160, have the following powers and functions:
a) Monitoring of water quality;
b) Emergency response;
c) Compliance with the framework of the Water Quality Management Action Plan;
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d) To take active participation in all efforts concerning water quality protection and
rehabilitation; and
e) To coordinate with other government agencies and civil society and the
concerned sectors in the implementation of measures to prevent and control water
pollution: Provided, however, That in provinces/cities/municipalities where there are
no environment and natural resources officers, the local executive concerned may,
with the approval of the Secretary of the DENR designate any of his official and/or
chief of office preferably the provincial, city or municipal agriculturist, or any of his
employee: Provided, finally, That in case an employee is designated as such, he
must have sufficient experience in environmental and natural resources
management, conservation and utilization.
SECTION 21. Business and Industry Role in Environmental Management. - The

Department and the LGUs, in coordination with the appropriate government agencies. and
in consultation with the business and industrial sectors including commerce, shall formulate
appropriate incentives for the adoption procedures that will preserve and protect our water
bodies through the introduction of innovative equipment and processes that reduce if totally
eliminate discharge of pollutants into our water bodies.
SECTION 22. Linkage Mechanism. - The Department and its concerned attached
agencies including LLDA shall coordinate and enter into agreement with other government
agencies, industrial sector and other concerned sectors in the furtherance of the objectives
of this Act- The following agencies shall perform tile functions specified hereunder:
a) Philippine Coast Guard in coordination with DA and the Department shall enforce
for the enforcement of water quality standards in marine waters, set pursuant to this
Act, specifically from offshore sources;
b) DPWH through its attached agencies, such as the MWSS, LWUA, and including
other urban water utilities for the provision or sewerage and sanitation facilities and
the efficient and safe collection, treatment and disposal of sewage within their area
of jurisdiction;
c) DA, shall coordinate with the Department, in the formulation of guidelines for the
re-use of wastewater for irrigation and other agricultural uses and for the prevention,
control and abatement of pollution from agricultural and aquaculture
activities: Provided, That discharges coming from non-point sources be categorized
and further defined pursuant to this Act: Provided, further, That the Bureau of
Fisheries and Aquatic Resources (BFAR) of the DA shall be primarily responsible for
the prevention and control of water pollution for the development, management and
conservation of the fisheries and aquatic resources;
d) DOH shall be primarily responsible for the promulgation, revision and enforcement
of drinking water quality standards;
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e) DOST, in coordination with the Department and other concerned agencies, shall
prepare a program for the evaluation, verification, development and public
dissemination of pollution prevention and cleaner production technologies; and
f) Department of Education (DepEd), Commission Higher Education (CHED),

Department of the Interior and Local Government (DILG) and Philippine Information
Agency (PIA) shall assist and coordinate with the Department in, the preparation and
implementation of a comprehensive program pursuant to the objectives of this Act.
SECTION 23. Requirement of Record-keeping, Authority for Entry to Premises and

Access to Documents. - The Department or its duly authorized representative shall, after
proper consultation and notice, require any person who owns or operates any pollution
source or who is subject to. any requirement of this Act to submit reports and other written
information as may be required by the department.
Any record, report or information obtained under this section shall be made available to the
public, except upon a satisfactory showing to the Department by the, entity concerned that
the record, report, or information or parts thereof, if made public, would divulge secret
methods or processes entitled to protection as intellectual property. Such record, report or
information shall likewise be incorporated in the Department's industrial rating system.
Pursuant to this Act, the Department, through it's authorized representatives, shall have the
right to: (a) enter any premises or to have access to documents and relevant materials as
referred to in the herein preceding paragraph; (b) inspect any pollution or waste source,
control device, monitoring equipment or method required; and (c) test any discharge.
In cases of fish kill incidence, the Bureau of Fisheries of the DA, in the course of its
investigation, may enter the premises of an establishment reported to have caused said
incident.
SECTION 24. Pollution Research and Development Programs. - The Department, in

coordination with the Department of Science and Technology (DOST), other concerned
agencies and academic research institutions, shall establish a national research and
development program for the prevention and control of water pollution. As part of said
program, the DOST shall conduct and promote the coordination and acceleration of
research, investigation, experiments, training, survey and studies relating to the causes,
extent, prevention and control of pollution among concerned government agencies and
research institutions.
CHAPTER 4
INCENTIVES AND REWARDS
SECTION 25. Rewards. - Rewards, monetary or otherwise, shall be provided to individuals,

private organization and entities, including civil society, that have undertaken outstanding
and innovative projects, technologies, processes and techniques or activities in water
quality management. Said rewards shall be sourced from the Water Quality Management
Fund herein created.
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SECTION 26. Incentives Scheme. - An incentive scheme is hereby provided for the
purpose of encouraging LGUs, water districts (WDs), enterprises, or private entities, and
individuals, to develop or undertake an effective water quality management, or actively
participate in any program geared towards the promotion thereof as provided in this Act.
A. Non-fiscal incentive
1. Inclusion in the Investments Priority Plan (IPP). - Subject to the rules and
regulations of the Board of Investments (BOI), industrial wastewater treatment
and/or adoption of water pollution control technology, cleaner production and waste
minimization technology shall be classified as preferred areas of investment under
its annual priority plan and shall enjoy the applicable fiscal and non-fiscal incentives
as may be provided for under the Omnibus Investment Code, as amended.
Fiscal Incentives
1. Tax and Duty Exemption on Imported Capital Equipment. - Within ten 10) years
upon the effectivity of this Act, LGUs, WDs, enterprises or private entities shall enjoy
tax-and-duty-free importation of machinery, equipment and spare parts used for
industrial wastewater treatment/collection and treatment facilities: Provided, That the
importation of such machinery, equipment and spare parts shall comply with the
following conditions:
a) They are not manufactured domestically in sufficient quantity, of

comparable quality and at reasonable prices;
b) They are reasonably needed and will be used actually, directly and
exclusively for the above mentioned activities; and
c) Written endorsement by the Department that the importation of such

machinery, equipment and spare parts would be beneficial to environmental
protection and management: Provided, further, That the sale, transfer or
disposition of such machinery, equipment and spare parts without prior
approval of the BOI within five (5) years from the date of acquisition shall be
prohibited, otherwise the LGU concerned, WD, enterprise or private entity
and the concerned vendee, transferee or assignee shall be solidarity liable to
pay twice the amount of tax and duty exemption given it.
2. Tax Credit on Domestic Capital Equipment. - Within ten (10) years from the
effectivity of this Act, a tax credit equivalent to one hundred percent (100%) of the
value of the national internal revenue taxes and customs duties that would have
been waived on the machinery, equipment, and spare parts, had these items been
imported shall be given to enterprises or private entities and individuals, subject to
the same conditions and prohibition cited in the preceding paragraph.
3. Tax and Duty Exemption of Donations, Legacies and Gifts. - All legacies, gifts and
donations to LGUs, WDs, enterprises, or private entities and individuals, for the
support and maintenance of the program for effective water quality management
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shall be exempt from donor's tax and shall be deductible from the gross income of
the donor for income tax purposes.
Imported articles donated to, or for the account of any LGUs, WDs, local water
utilities, enterprises, or private entities and individuals to be exclusively used for
water quality management programs shall be exempted from the payment of
customs duties and applicable internal revenue taxes.
Industrial wastewater treatment and/or installation of water pollution control devices

shall be classified as pioneer and preferred areas of investment under the BOI's
annual priority plan and shall enjoy- the applicable fiscal and non-fiscal incentives as
may be provided for under the Omnibus Investment Code, as amended.
B. Financial Assistance Program
Government financial institutions such as the Development Bank of the Philippines,

Land Bank of the Philippines, Government Service Insurance System, and such
other government institutions providing financial services shall, in accordance with
and to the extent allowed by the enabling provisions of their respective charters or
applicable laws, accord high priority to extend financial services to LGUs, WDs,
enterprises, or private entities engaged in sewage collection and treatment facilities.
C. Extension or Grants to LGUs
Cities and municipalities which shall establish or operate sewerage facilities may be entitled
to receive grants for the purpose of developing technical capabilities.
CHAPTER 5
CIVIL LIABILITY/PENAL PROVISIONS
SECTION 27. Prohibited Acts. - The following acts are hereby prohibited:
a) Discharging, depositing or causing to be deposited material of any kind directly or

indirectly into the water bodies or along the margins of any surface water, where, the
same shall be liable to be washed into such surface water, either by tide action or by
storm, floods or otherwise, which could cause water pollution or impede natural flow
in the water body;
b) Discharging, injecting or allowing to seep into the soil or sub-soil any substance in
any form that would pollute groundwater. In the case of geothermal projects, and
subject to the approval of the Department, regulated discharge for short- term
activities (e.g. well testing, flushing, commissioning, venting) and deep re-injection of
geothermal liquids may be allowed: Provided, That safety measures are adopted to
prevent the contamination of the groundwater;
c) Operating facilities that discharge regulated water pollutants without the valid
required permits or after the permit was revoked for any violation of any condition
therein;
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d) Disposal of potentially infectious medical waste into sea water by vessels unless
the health or safety of individuals on board the vessel is threatened by a great and
imminent peril;
e) Unauthorized transport or dumping into sea waters of sewage sludge or solid

waste as defined under Republic Act No.9003;
f) Transport, dumping or discharge of prohibited chemicals, substances or pollutants

listed under Republic Act No.6969;
g) Operate facilities that discharge or allow to seep, willfully or through gross

negligence, prohibited chemicals, substances or pollutants listed under R. A. No.
6969 into water bodies or wherein the same shall be liable to be washed into such
surface, ground, coastal, and marine water;
h) Undertaking activities or development and expansion of projects, or operating

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

accordance with this Act;
l) Refusal to allow access by the Department to relevant reports and records in

m) Refusal or failure to submit reports whenever required by the Department in

n) Refusal or failure to designate pollution control officers whenever required by, the
Department in accordance with this Act; and
o) Directly using booster pumps in the distribution system or tampering with the
water supply in such a way as to alter or impair the water quality.
SECTION 28. Fines, Damages and Penalties. - Unless otherwise provided herein, any
person who commits any of the prohibited acts provided in the immediately preceding
section or violates any of the provision of this Act or its implementing rules and regulations,
shall be fined by the Secretary, upon the recommendation of the PAB in the amount of not
less than Ten thousand pesos (P10,000.00) nor more than Two hundred thousand pesos
(P200,000.00) for every day of violation. The fines herein prescribed shall be increased by
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ten percent (10%) every two (2) years to compensate for inflation and to maintain the
deterrent function of such fines: Provided, That the Secretary, upon recommendation of the
PAB may order the closure, suspension of development or construction, or cessation of
operations or, where appropriate disconnection of water supply, until such time that proper
environmental safeguards are put in place and/or compliance with this Act or its rules and
regulations are undertaken. This paragraph shall be without prejudice to the issuance of
an ex parte order for such closure, suspension of development or construction, or cessation
of operations during the pendency of the case.
Failure to undertake clean-up operations, willfully, or through gross negligence, shall be

punished by imprisonment of not less than two (2) years and not more than four (4) years
and a fine not less than Fifty thousand pesos (P50,000.00) and not more than One hundred
thousand pesos (P100,000.00) per day for each day of violation. Such failure or refusal
which results in serious injury or loss of life and/or irreversible water contamination of
surface, ground, coastal and marine water shall be punished with imprisonment of not less
than six (6) years and one day and not more than twelve (12) years, and a fine of Five
Hundred Thousand Pesos (P500,000.00) per day for each day during which the omission
and/or contamination continues.
In case of gross violation of this Act, the PAB shall issue a resolution recommending that
the proper government agencies file criminal charges against the violators. Gross violation
shall mean any of the following:
a) deliberate discharge of toxic pollutants identified pursuant to Republic Act

No.6969 in toxic amounts;
b) five {5) or more violations within a period of two (2) years; or
c) blatant disregard of the orders of the PAB, such as the non-payment of fines,
breaking of seals or operating despite the existence of an order for closure,
discontinuance or cessation of operation.
In which case, offenders shall be punished with a fine of not less than Five hundred
thousand pesos (P500,000.00) but not more than Three million pesos (P3,000,000.00} per
day for each day of violation or imprisonment of not less than six {6) years but not more
than ten {10) years, or both, at the discretion of the court. If the offender is a juridical
person, the president, manager and the pollution control officer or the official in charge of
the operation shall suffer the penalty herein provided.
For violations falling under Section 4 of Presidential Decree No.979 or any regulations
prescribed in pursuance thereof, such person shall be liable for a fine of no1 less than Fifty
thousand pesos {P50,000.00) nor more than One million pesos (P1,000,000.00) or by
imprisonment of not less than one {1) year nor more than six (6) years or both, for each
offense, without prejudice to the civil liability of the offender in accordance with existing
laws. If the offender is a juridical entity, then its officers, directors, agents or any person
primarily responsible shall be held liable: Provided, That any vessel from which oil or other
harmful substances are discharged in violation of Section 4 of Presidential Decree No.979
shall be liable for penalty of fine specified in the immediately preceding paragraph and
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clearance of such vessel from the port of the Philippines may be withheld until the fine is
paid and such penalty shall constitute a lien on such vessel which may be recovered in
proceedings by libel in rem in the proper court which the vessel may be. The owner or
operator of a vessel or facility which discharged the oil or other harmful substances will be
liable to pay for any clean-up costs.
Provided, finally, That water pollution cases involving acts or omissions --- committed within
the Laguna Lake Region shall be dealt with in accordance with the procedure under R. A.
No.4850 as amended.
SECTION 29. Administrative Sanctions Against Non-compliance with the Water

Quality Management Area Action Plan. - Local government officials concerned shall be
subject to Administrative sanctions incase of failure to comply with their action plan
accordance with the relevant provisions of R.A. No. 7160.
CHAPTER 6
ACTIONS
SECTION 30. Administrative Action. - Without prejudice to the right of any affected
person to file an administrative action, the Department shall, on its own instance or upon
verified complaint by any person, institute administrative proceedings in the proper forum
against any person who violates:
a) Standards or limitations provided by this Act; or
b) By any such order, rule or regulation issued by the Department with respect to
such standard or limitation.
CHAPTER 7
FINAL PROVISIONS
SECTION 31. Appropriations.- An amount of One hundred million pesos

(P100,000,000.00) shall be appropriated from the savings of the National Government to
the Department for the initial implementation of this Act. Thereafter, the amount necessary
to effectively carry out the provision of this Act shall be included in the General
Appropriations Act of the year following its enactment into law and thereafter.
SECTION 32. Implementing Rules and Regulations. - The Department, in coordination

with the Committees on Environment and Ecology of the Senate and the House of
Representatives, respectively and other concerned agencies shall promulgate the
implementing rules and regulations for this Act, within one (1) year after the enactment of
this Act: Provided. That rules and regulations issued by other government agencies and
instrumentalities for the prevention and/or abatement of water pollution not inconsistent with
this Act shall supplement the rules and regulations issued by the Department, pursuant to
the provisions of this Act.
The draft of the implementing rules and regulations shall be published and be the subject of
public consultations with affected sectors.
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There shall be a mandatory review of the implementing rules and regulations and standards
set pursuant to the provisions of this Act.
SECTION 33. Joint Congressional Oversight Committee. - There is hereby created a

Joint Congressional Oversight Committee to monitor the implementation of this Act and to
review the implementing rules and regulations promulgated by the Department. The
Committee shall be composed of five (5) Senators and five; (5) Representatives to be
appointed by the Senate President and the Speaker of the House of Representatives,
respectively. The Oversight Committee shall be co-chaired by the Chairpersons of the
Committee on Environment of the Senate and the Committee on Ecology of the House of
Representatives.
SECTION 34. Repealing Clause. - Presidential Decree No.984 is hereby repealed.

Republic Act Nos. 6969 and 4850 as amended, Presidential Decree Nos. 1586, 1152, 979
and 856 are hereby amended and modified accordingly. All other laws, orders, issuance,
rules and regulations inconsistent herewith are hereby repealed or modified accordingly.
SECTION 35. Separability Clause. - If any provision of this Act or the application such
provision to any person or circumstances is declared unconstitutional, the remainder of the
Act or the application of such provision to other person or circumstances shall not be
affected by such declaration.
SECTION 36. Effectivity. - This Act shall take effect fifteen (15) days from the date of its
publication in the Official Gazette or in at least two (2) newspapers of general circulation.
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Eleventh Congress
Republic Act No. 8749 June 23, 1999
AN ACT PROVIDING FOR A COMPREHENSIVE AIR POLLUTION CONTROL POLICY

AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:
Chapter 1
General Provisions
Article One
Basic Air Quality Policies
Section 1. Short Title. - This Act shall be known as the "Philippine Clean Air Act of
1999."
Section 2. Declaration of Principles. - The State shall protect and advance the right of the
people to a balanced and healthful ecology in accord with the rhythm and harmony of
nature.
The State shall promote and protect the global environment to attain sustainable
development while recognizing the primary responsibility of local government units to deal
with environmental problems.
The State recognizes that the responsibility of cleaning the habitat and environment is
primarily area-based.
The State also recognizes the principle that "polluters must pay".
Finally, the State recognizes that a clean and healthy environment is for the good of all and
should, therefore, be the concern of all.
Section 3. Declaration of Policies. - The State shall pursue a policy of balancing

development and environmental protection. To achieve this end, the frame work for
sustainable development shall be pursued. It shall be the policy of the State to:
(a) Formulate a holistic national program of air pollution management that shall be
implemented by the government through proper delegation and effective
coordination of functions and activities;
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(b) Encourage cooperation and self-regulation among citizens and industries through
the application of market-based instruments;
(c) Focus primarily on pollution prevention rather than on control and provide for a
comprehensive management program for air pollution;
(d) Promote public information and education and to encourage the participation of
an informed and active public in air quality planning and monitoring; and
(e) Formulate and enforce a system of accountability for short and long-term adverse
environmental impact of a project, program or activity. This shall include the setting
up of a funding or guarantee mechanism for clean-up and environmental
rehabilitation and compensation for personal damages.
Section 4. Recognition of Rights. - Pursuant to the above-declared principles, the

following rights of citizens are hereby sought to be recognized and the State shall seek to
guarantee their enjoyment:
(a) The right to breathe clean air;
(b) The right to utilize and enjoy all natural resources according to the principles of
sustainable development;
(c) The right to participate in the formulation, planning, implementation and

monitoring of environmental policies and programs and in the decision-making
process;
(d) The right to participate in the decision-making process concerning development

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

Environment and Natural Resources to a vehicle manufacturer/assembler or
importer certifying that a particular new vehicle or vehicle type meets the
requirements provided under this Act and its rules and regulations;
f) "Department" means the Department of Environment and Natural Resources;
g) "Eco-profile" means the geographic-based instrument for planners and decision-

makers which present an evaluation of the environmental quality and carrying
capacity of an area. It is the result of the integration of primary and secondary data
and information on natural resources and anthropogenic activities on the land which
are evaluated by various environmental risk assessment and forecasting
methodologies that enable the Department to anticipate the type of development
control necessary in the planning area;
h) "Emission" means any air contaminant, pollutant, gas stream or unwanted sound
from a known source which is passed into the atmosphere;
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i) "Greenhouse gases" mean those gases that can potentially or can reasonably be
expected to induce global warming, which include carbon dioxide, methane, oxides
of nitrogen, chlorofluorocarbons, and the like;
j) "Hazardous substances" mean those substances which present either: (1) short-
term acute hazards such as acute toxicity by ingestion, inhalation, or skin absorption,
corrosivity or other skin or eye contact hazard or the risk of fire explosion; or (2)
longterm toxicity upon repeated exposure, carcinogenicity (which in some cases
result in acute exposure but with a long latent period), resistance to detoxification
process such as biodegradation, the potential to pollute underground or surface
waters;
k) "Infectious waste" means that portion of medical waste that could transmit an
infectious disease;
l) "Medical waste" means the materials generated as a result of patient diagnosis,

treatment, or immunization of human beings or animals;
m) "Mobile source" means any vehicle propelled by or through combustion of

carbon-based or other fuel, constructed and operated principally for the conveyance
of persons or the transportation of property goods;
n) "Motor vehicle" means any vehicle propelled by a gasoline or diesel engine or by

any means other than human or animal power, constructed and operated principally
for the conveyance of persons or the transportation of property or goods in a public
highway or street open to public use;
o) "Municipal waste" means the waste materials generated from communities within
a specific locality;
p) "New vehicle" means a vehicle constructed entirely from new parts that has never
been sold or registered with the DOTC or with the appropriate agency or authority,
and operated on the highways of the Philippines, any foreign state or country;
q) "Octane Rating or the Anti-Knock Index(AKI)" means the rating of the anti-knock
characteristics of a grade or type of automotive gasoline as determined by dividing
by two (2) the sum of the Research Octane Number (RON), plus the Motor Octane
Number (MON); the octane requirement, with respect to automotive gasoline for use
in a motor vehicle or a class thereof, whether imported, manufactured, or assembled
by a manufacturer, shall refer to the minimum octane rating of such automotive
gasoline which such manufacturer recommends for the efficient operation of such
motor vehicle, or a substantial portion of such class, without knocking;
r) "Ozone Depleting Substances (ODS)" means those substances that significantly

deplete or otherwise modify the ozone layer in a manner that is likely to result in
adverse effects of human health and the environment such as, but not limited to,
chloroflourocarbons, halons and the like;
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s) "Persistent Organic Pollutants (POPs)" means the organic compounds that persist
in the environment, bioaccumulate through the food web, and pose a risk of causing
adverse effects to human health and the environment. These compounds resist
photolytic, chemical and biological degradation, which shall include but not be limited
to dioxin, furan, Polychlorinated Biphenyls (PCBs), organochlorine pesticides, such
as aldrin, dieldrin, DDT, hexachlorobenzene, lindane, toxaphere and chlordane;
t) "Poisonous and toxic fumes" means any emissions and fumes which are beyond
internationally - accepted standards, including but not limited to the World Health
Organization (WHO) guideline values;
u) "Pollution control device" means any device or apparatus used to prevent, control
or abate the pollution of air caused by emissions from identified pollution sources at
levels within the air pollution control standards established by the Department;
v) "Pollution control technology" means the pollution control devices, production

process, fuel combustion processes or other means that effectively prevent or
reduce emissions or effluent;
w) "Standard of performance" means a standard for emissions of air pollutant which

reflects the degree of emission limitation achievable through the application of the
best system of emission reduction, taking into account the cost of achieving such
reduction and any non-air quality health and environmental impact and energy
requirement which the Department determines, and adequately demonstrates; and
x) "Stationary source" means any building or immobile structure, facility or

installation which emits or may emit any air pollutant.
Chapter 2
Air Quality Management System
Article One
General Provisions
Section 6. Air Quality Monitoring and Information Network. - The Department shall
prepare an annual National Air Quality Status Report which shall be used as the basis in
formulating the Integrated Air Quality Improvement Framework, as provided for in Sec. 7.
The said report shall include, but shall not be limited to the following:
a) Extent of pollution in the country, per type of pollutant and per type of source,
based on reports of the Department’s monitoring stations;
b) Analysis and evaluation of the current state, trends and projections of air pollution
at the various levels provided herein;
c) Identification of critical areas, activities, or projects which will need closer

monitoring or regulation;
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d) Recommendations for necessary executive and legislative action; and
e) Other pertinent qualitative and quantitative information concerning the extent of air
pollution and the air quality performance rating of industries in the country.
The Department, in cooperation with the National Statistical Coordination Board (NSCB),
shall design and develop an information network for data storage, retrieval and exchange.
The Department shall serve as the central depository of all data and information related to
air quality.
Section 7. Integrated Air Quality Improvement Framework. - The Department shall

within six (6) months after the effectivity of this Act, establish, with the participation of LGUs,
NGOs, POs, the academe and other concerned entities from the private sector, formulate
and implement the Integrated Air Quality Improvement Framework for a comprehensive air
pollution management and control program. The framework shall, among others, prescribe
the emission reduction goals using permissible standards, control strategies and control
measures to undertaken within a specified time period, including cost-effective use of
economic incentives, management strategies, collective actions, and environmental
education and information.
The Integrated Air Quality Improvement Framework shall be adopted as the official blueprint
with which all government agencies must comply with to attain and maintain ambient air
quality standards.
Section 8. Air Quality Control Action Plan. - Within six (6) months after the formulation of
the framework, the Department shall, with public participation, formulate and implement an
air quality control action plan consistent with Sec. 7 of this Act. The action plan shall:
a) Include enforceable emission limitations and other control measures, means or

techniques, as well as schedules and time tables for compliance, as may be
necessary or appropriate to meet the applicable requirements of this Act;
b) Provide for the establishment and operation of appropriate devices, methods,

systems and procedures necessary to monitor, compile and analyze data on
ambient air quality;
c) Include a program to provide for the following: (1) enforcement of the measures
described in subparagraph [a]; (2) regulation of the modification and construction of
any stationary source within the areas covered by the plan, in accordance with land
use policy to ensure that ambient air quality standards are achieved;
d) Contain adequate provisions, consistent with the provisions of this Act, prohibiting
any source or other types of emissions activity within the country from emitting any
air pollutant in amounts which will significantly contribute to the non-attainment or will
interfere with the maintenance by the Department of any such ambient air quality
standard required to be included in the implementation plan to prevent significant
deterioration of air quality or to protect visibility;
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e) Include control strategies and control measures to be undertaken within a

specified time period, including cost effective use of economic incentives,
management strategies, collection action and environmental education and
information;
f) Designate airsheds; and
g) All other measures necessary for the effective control and abatement of air
pollution.
The adoption of the plan shall clarify the legal effects on the financial, manpower and
budgetary resources of the affected government agencies, and on the alignment of their
programs with the plans.
In addition to direct regulations, the plan shall be characterized by a participatory approach

to the pollution problem. The involvement of private entities in the monitoring and testing of
emissions from mobile and/or stationary sources shall be considered.
Likewise, the LGU’s, with the assistance from the Department, shall prepare and develop
an action plan consistent with the Integrated Air Quality Improvement Framework to attain
and maintain the ambient air quality standards within their respective airsheds as provided
in Sec. 9 hereof.
The local government units shall develop and submit to the Department a procedure for
carrying out the action plan for their jurisdiction. The Department, however, shall maintain
its authority to independently inspect the enforcement procedure adopted. The Department
shall have the power to closely supervise all or parts of the air quality action plan until such
time the local government unit concerned can assume the function to enforce the standards
set by the Department.
A multi-sectoral monitoring team with broad public representation shall be convened by the
Department for each LGU to conduct periodic inspections of air pollution sources to assess
compliance with emission limitations contained in their permits.
Section 9. Airsheds. - Pursuant to Sec. 8 of this Act, the designation of airsheds shall be
on the basis of, but not limited to, areas with similar climate, meteorology and topology
which affect the interchange and diffusion of pollutants in the atmosphere, or areas which
share common interest or face similar development programs, prospects or problems.
For a more effective air quality management, a system of planning and coordination shall be
established and a common action plan shall be formulated for each airshed.
To effectively carry out the formulated action plans, a Governing Board is hereby created,
hereinafter referred to as the Board.
The Board shall be headed by the Secretary of the Department of Environment and Natural
Resources as chairman. The members shall be as follows:
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a) Provincial Governors from areas belonging to the airshed;
b) City/Municipal Mayors from areas belonging to the airshed;
c) A representative from each concerned government agency;
d) Representatives from people’s organizations;
e) Representatives from non-government organizations; and
f) Representatives from the private sector.
The Board shall perform the following functions:
a) Formulation of policies;
b) Preparation of a common action plan;
c) Coordination of functions among its members; and
d) Submission and publication of an annual Air Quality Status Report for each
airshed.
Upon consultation with appropriate local government authorities, the Department shall, from
time to time, revise the designation of airsheds utilizing eco-profiling techniques and
undertaking scientific studies.
Emissions trading may be allowed among pollution sources within an airshed.
Section 10. Management of Non-attainment Areas. - The Department shall designate

areas where specific pollutants have already exceeded ambient standards as non-
attainment areas. The Department shall prepare and implement a program that will prohibit
new sources of exceeded air pollutant without a corresponding reduction in existing
resources.
In coordination with other appropriate government agencies, the LGUs shall prepare and
implement a program and other measures including relocation, whenever necessary, to
protect the health and welfare of residents in the area.
For those designated as nonattainment areas, the Department, after consultation with local
government authorities, nongovernment organizations (NGOs), people’s organizations
(POs) and concerned sectors may revise the designation of such areas and expand its
coverage to cover larger areas depending on the condition of the areas.
Section 11. Air Quality Control Techniques. - Simultaneous with the issuance of the
guideline values and standards, the Department, through the research and development
program contained in this Act and upon consultation with appropriate advisory committees,
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government agencies and LGUs, shall issue, and from time to time, revise information on
air pollution control techniques. Such information shall include:
(a) Best available technology and alternative methods of prevention, management

and control of air pollution;
(b) Best available technology economically achievable which shall refer to the
technological basis/standards for emission limits applicable to existing, direct
industrial emitters of nonconventional and toxic pollutants; and
(c) Alternative fuels, processes and operating methods which will result in the
eliminator or significant reduction of emissions.
Such information may also include data relating to the cost of installation and operation,
energy requirements, emission reduction benefits, and environmental impact or the
emission control technology.
The issuance of air quality guideline values, standards and information on air quality control
techniques shall be made available to the general public: Provided, That the issuance of
information on air quality control techniques shall not be construed as requiring the
purchase of certain pollution control devices by the public.
Section 12. Ambient Air Quality Guideline Values and Standards. - The Department, in
coordination with other concerned agencies, shall review and or revise and publish annually
a list of hazardous air pollutants with corresponding ambient guideline values and/or
standard necessary to protect health and safety, and general welfare. The initial list and
values of the hazardous air pollutants shall be as follows:
(a) For National Ambient Air Quality Guideline for Criteria Pollutants:
Short Term a Long Term b
Pollutants µg/Ncm ppm Averaging µg/Ncm ppm Averaging

Time Time
Suspended Particulate
Matterc -TSP 230d 24 hours 90 ---- 1 yeare
-PM-10 150f 24 hours 60 ---- 1 yeare
Sulfur Dioxidec 180 0.07 24 hours 80 0.03 1 year
Nitrogen Dioxide 150 0.08 24 hours ---- ---- ----
Photochemical 140 0.07 1 hour ---- ---- ----
Oxidants
As Ozone 60 0.03 8 hours ---- ---- ----
Carbon Monoxide 35 mg/Ncm 30 1 hour ---- ---- ----
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10 mg/Ncm 9 8 hours ---- ---- ----

Leadg 1.5 ---- 3 monthsg 1.0 ---- 1 year
a
Maximum limits represented by ninety-eight percentile (98%) values
not to be exceed more than once a year.
b
Arithmetic mean
c
SO2 and Suspended Particulate matter are sampled once every six
days when using the manual methods. A minimum of twelve sampling
days per quarter of forty-eight sampling days each year is required for
these methods. Daily sampling may be done in the future once
continuous analyzers are procured and become available.
d
Limits for Total Suspended Particulate Matter with mass median
diameter less than 25-50 um.
e
Annual Geometric Mean
f
Provisional limits for Suspended Particulate Matter with mass median
diameter less than 10 microns and below until sufficient monitoring
data are gathered to base a proper guideline.
g
Evaluation of this guideline is carried out for 24-hour averaging time
and averaged over three moving calendar months. The monitored
average value for any three months shall not exceed the guideline
value.
(b) For National Ambient Air Quality Standards for Source Specific Air Pollutants
from Industrial Sources/Operations:
Pollutants1 Concentration2 Averaging Method of Analysis/

time (min.) Measurement3
µ/Ncm ppm
1. Ammonia 200 0.28 30 Nesselerization/ Indo

Phenol
2. Carbon 30 0.01 30 Tischer Method

Disulfide
3. Chlorine and 100 0.03 5 Methyl Orange

Chlorine
Compounds
expressed as
Cl2
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4. 50 0.04 30 Chromotropic acid Method

Formaldehyde or MBTH Colorimetric
Method
5. Hydrogen 200100 0.13 30 Volhard Titration with

Chloride Iodine Solution
6. Hydrogen 0.07 30 Methylene Blue

Sulfide
7. Lead 20 30 AASc
8. Nitrogen 375,260 0.20,0.14 30,60 Greiss- Saltzman

Dioxide
9. Phenol 100 0.03 30 4-Aminoantiphyrine
10. Sulfur 470, 0.18, 30,60 Colorimetric-

Dioxide 340 0.13 Pararosaniline
11. Suspended 300 ---- 60 Gravimetric

Particulate
Matter-TSP
1
Pertinent ambient standards for Antimony, Arsenic, Cadmium,
Asbestos, Nitric Acid and Sulfuric Acid Mists in the 1978 NPCC Rules
and Regulations may be considered as guides in determining
compliance.
2
Ninety-eight percentile (98%) values of 30-minute sampling
measured at 250C and one atmosphere pressure.
3
Other equivalent methods approved by the Department may be used.
The basis in setting up the ambient air quality guideline values and standards shall reflect,
among others, the latest scientific knowledge including information on:
a) Variable, including atmospheric conditions, which of themselves or in combination

with other factors may alter the effects on public health or welfare of such air
pollutant;
b) The other types of air pollutants which may interact with such pollutant to produce
an adverse effect on public health or welfare; and
c) The kind and extent of all identifiable effects on public health or welfare which may
be expected from presence of such pollutant in the ambient air, in varying quantities.
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The Department shall base such ambient air quality standards on World Health
Organization (WHO) standards, but shall not be limited to nor be less stringent than such
standards.
Section 13. Emission Charge System. - The Department, in case of industrial

dischargers, and the Department of Transportation and Communication (DOTC), in case of
motor vehicle dischargers, shall, based on environmental techniques, design, impose on
and collect regular emission fees from said dischargers as part of the emission permitting
system or vehicle registration renewal system, as the case may be. The system shall
encourage the industries and motor vehicles to abate, reduce, or prevent pollution. The
basis of the fees include, but is not limited to, the volume and toxicity of any emitted
pollutant. Industries, which shall install pollution control devices or retrofit their existing
facilities with mechanisms that reduce pollution shall be entitled to tax incentives such as
but not limited total credits and/or accelerated depreciation deductions.
Section 14. Air Quality Management Fund. - An Air Quality Management Fund to be
administered by the Department as a special account in the National Treasury is hereby
established to finance containment, removal, and clean-up operations of the Government in
air pollution cases, guarantee restoration of ecosystems and rehabilitate areas affected by
the acts of violators of this Act, to support research, enforcement and monitoring activities
and capabilities of the relevant agencies, as well as to provide technical assistance to the
relevant agencies. Such fund may likewise be allocated per airshed for the undertakings
herein stated.
The Fund shall be sourced from the fines imposed and damages awarded to the Republic
of the Philippines by the Pollution Adjudication Board (PAB), proceeds of licenses and
permits issued by the Department under this Act, emission fees and from donations,
endowments and grants in the forms of contributions. Contributions to the Fund shall be
exempted from donor taxes and all other taxes, charges or fees imposed by the
Government.
Section 15. Air Pollution Research and Development Program. - The Department, in
coordination with the Department of Science and Technology (DOST), other agencies, the
private sector, the academe, NGO’s and PO’s, shall establish a National Research and
Development Program for the prevention and control of air pollution. The Department shall
give special emphasis to research on and the development of improved methods having
industry-wide application for the prevention and control of air pollution.
Such a research and development program shall develop air quality guideline values and
standards in addition to internationally-accepted standards. It shall also consider the socio-
cultural, political and economic implications of air quality management and pollution control.
Article Two
Air Pollution Clearances and Permits for Stationary Sources
Section 16. Permits. - Consistent with the provisions of this Act, the Department shall have
the authority to issue permits as it may determine necessary for the prevention and
abatement of air pollution.
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Said permits shall cover emission limitations for the regulated air pollutants to help attain
and maintain the ambient air quality standards. These permits shall serve as management
tools for the LGUs in the development of their action plan.
Section 17. Emission Quotas. - The Department may allow each regional industrial center
that is designated as special airshed to allocate emission quotas to pollution sources within
its jurisdiction that qualify under an environmental impact assessment system programmatic
compliance program pursuant to the implementing rules and regulations of Presidential
Decree No. 1586.
Section 18. Financial Liability for Environmental Rehabilitation. - As part of the

environmental management plan attached to the environmental compliance certificate
pursuant to Presidential Decree No. 1586 and rules and regulations set therefor, the
Department shall require program and project proponents to put up financial guarantee
mechanisms to finance the needs for emergency response, clean-up rehabilitation of areas
that may be damaged during the program or project’s actual implementation. Liability for
damages shall continue even after the termination of a program or project, where such
damages are clearly attributable to that program or project and for a definite period to be
determined by the Department and incorporated into the environmental compliance
certificate.
Financial liability instruments may be in the form a trust fund, environmental insurance,
surety bonds, letters of credit, as well as self-insurance. The choice of the guarantee
instruments shall furnish the Department with evidence of availment of such instruments.
Article Three
Pollution from Stationary Sources
Section 19. Pollution From Stationary Sources. - The Department shall, within two (2)
years from the effectivity of this Act, and every two (2) years thereafter, review, or as the
need therefore arises, revise and publish emission standards, to further improve the
emission standards for stationary sources of air pollution. Such emission standards shall be
based on mass rate of emission for all stationary source of air pollution based on
internationally accepted standards, but not be limited to, nor be less stringent than such
standards and with the standards set forth in this section. The standards, whichever is
applicable, shall be the limit on the acceptable level of pollutants emitted from a stationary
source for the protection of the public’s health and welfare.
With respect to any trade, industry, process and fuel-burning equipment or industrial plant
emitting air pollutants, the concentration at the point of emission shall not exceed the
following limits:
Pollutants Standard Applicable to Maximum Method of Analysisa

Source Permissible
Limits
(mg/Ncm)
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1. Antimony and Its Any source 10 as Sb AASb

compounds
2. Arsenic and its Any source 10 as As AASb

compounds
3. Cadmium and its Any source 10 as Cd AASb

compounds
4. Carbon Monoxide Any industrial Source 500 as CO Orsat analysis
5. Copper and its Any industrial source 100 ax Cu AASb

Compounds
6. Hydrofluoric Any source other than the 50 as HF Titration with

Acids and Fluoride manufacture of Aluminum Ammonium
compounds from Alumina Thiocyanate
7. Hydrogen Sulfide i) Geothermal Power Plants c.d Cadmium Sulfide

ii) Geothermal Exploration e Method
and well-testing
iii) Any source other than (i) 7 as H2S Cadmium Sulfide
and (ii) Method
8. Lead Any trade, industry or 10 as Pb AASb

process
9. Mercury Any Source 5 as AASb/Cold-Vapor

elemental Hg Technique or Hg
Analyzer
10. Nickel and its Any source 20 as Ni AASb

compounds, except
Nickel Carbonylf
11. NOx i) Manufacture of Nitric Acid 2,000 as acid Phenol-disulfonic acid

and NOx and Method
calculated as
NO2
ii) Fuel burning steam 1,500 as NO2 Phenol-disulfonic acid

generators Method
Existing Source New
Source 1,000 as NO2
• Coal-Fired 500 as NO2
• Oil-Fired Phenol-disulfonic acid
iii) Any source other than (i) Method
adn (ii) 1000 as NO2
Existing Source 500 as NO2
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New Source
12. Phosphorus Any source 200 as P2O5 Spectrophotometry

Pentoxideg
13. Zinc and its Any source 100 as Zn AASb

Compounds
a
Other equivalent methods approved by the Department may be used.
b
Atomic Absorption Spectrophometry
c
All new geothermal power plants starting construction by 01 January 1995
shall control HsS emissions to not more than 150g/GMW-Hr
d
All existing geothermal power plants shall control HsS emissions to not more
than 200g/GMW-Hr. within 5 years from the date of efectivity of these revised
regulations.
e
Best practicable control technology for air emissions and liquid discharges.
Compliance with air and water quality standards is required.
f
Emission limit of Nickel Carbonyl shall not exceed 0.5 mg/Ncm.
g
Provisional Guideline
Provided, That the maximum limits in mg/ncm particulates in said sources shall be:
1. Fuel Burning Equipment
a) Urban or Industrial Area 150 mg/Ncm
b) Other Area 200 mg/Ncm
2. Cement Plants (Kilns, etc.) 150 mg/Ncm
3. Smelting Furnaces 150 mg/Ncm
4. Other Stationary Sourcesa 200 mg/Ncm
a
Other Stationary Sources means a trade, process, industrial plant, or fuel
burning equipment other than thermal power plants, industrial boilers, cement
plants, incinerators and smelting furnaces.
Provided, Further, That the maximum limits for sulfur oxides in said sources shall be:
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(1) Existing Sources
(i) Manufacture of Sulfuric Acid and 2.0gm.Ncm as SO3

Sulf(on)ation Process
(ii) Fuel burning Equipment 1.5gm.Ncm as SO2
(iii) Other Stationary Sourcesa 1.0gm.Ncm as SO3
(2) New Sources
(i) Manufacture of Sulfuric Acid and 1.5 gm.Ncm as

Sulf(on)ation Process SO3
(ii) Fuel Burning Equipment 0.7 gm.Ncm as

SO2
(iii) Other Stationary Sourcesa 0.2 gm.Ncm as

SO3
a
Other Stationary Sources refer to existing and new stationary sources other
than those caused by the manufacture of sulfuric acid and sulfonation
process, fuel burning equipment and incineration.
For stationary sources of pollution not specifically included in the immediately preceding
paragraph, the following emission standards shall not be exceeded in the exhaust gas:
I. Daily And Half Hourly Average Values
Daily Half Hourly

Average Average
Values Values
Total dust 10 mg/m3 30 mg/m3
Gaseous and vaporous organic substances,
expressed as total organic carbon 10 mg/m3 20 mg/m3
Hydrogen chloride (HCl) 10 mg/m3 60 mg/m3
Hydrogen fluoride (HF) 1 mg/m3 4 mg/m3
Sulfur dioxide (SO2) 50 mg/m3 200 mg/m3
Nitrogen monoxide (NO) and Nitrogen
dioxide (NO2), expressed as nitrogen
dioxide for incineration plants with a
capacity exceeding 3 tonnes per hour 200 mg/m3 400 mg/m3
Nitrogen monoxide (NO) and nitrogen
dioxide (NO2), expressed as nitrogen
dioxide for incineration plants with a
capacity of 3 tonnes per hour or less 300 mg/m3
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Ammonia 10 mg/m3 20 mg/m3
II. All the Average Values Over the Sample Period of a Minimum of 4 and Maximum
of 8 Hours.
Cadmium and its compounds, expressed as cadmium (Cd) total 0.05

Thallium and its compounds, expressed as thallium (Tl) mg/m3
Mercury and its Compounds, expressed as mercury (Hg) 0.05 mg/m3
Antimony and its compounds, expressed as antimony (Sb)
Arsenic and its compounds, expressed as arsenic (As)
Lead and its compounds, expressed as lead ( Pb)
Chromium and its compounds, expressed as chromium
(Cr)
Cobalt and its compounds, expressed as cobalt (Co)
total 0.5
Copper and its compounds, expressed as copper (Cu)
mg/m3
Manganese and its compounds, expressed as manganese
(Mn)
Nickel and its compounds, expressed as nickel (Ni)
Vanadium and its compounds, expressed as vanadium (V)
Tin and its compounds, expressed as tin (Sn)
These average values cover also gaseous and the vapor forms of the relevant heavy metal
emission as well as their compounds: Provided, That the emission of dioxins and furans into
the air shall be reduced by the most progressive techniques: Provided, Further, That all
average of dioxin and furans measured over the sample period of a minimum of 5 hours
and maximum of 8 hours must not exceed the limit value of 0.1 nanogram/m 3.
Pursuant to Sec. 8 of this Act, the Department shall prepare a detailed action plan setting
the emission standards or standards of performance for any stationary source the
procedure for testing emissions for each type of pollutant, and the procedure for
enforcement of said standards.
Existing industries, which are proven to exceed emission rates established by the
Department in consultation with stakeholders, after a thorough, credible and transparent
measurement process shall be allowed a grace period of eighteen (18) months for the
establishment of an environmental management system and the installation of an
appropriate air pollution control device : Provided, That an extension of not more than
twelve (12) months may be allowed by the Department on meritorious grounds.
Section 20. Ban on Incineration. - Incineration, hereby defined as the burning of

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

Type Approval
(Directive 91/441/EEC)
CO HC + NOx PMa
(g/km) (g/km) (g/km)
2.72 0.970.14
a
for compression-ignition engines only
b) For light commercial vehicles, the exhaust emission limit of gaseous pollutants as
a function of the given reference mass shall be:
Emission Limits for Light Commercial Vehicles

Type Approval
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Reference Weight CO HC + PMa (g/km)

(RW) (kg) (g/km) NOx (g/km)
Category 1 1250< RW 2.72 0.97 0.14
Category 2 1250< RW<1700 5.17 1.4 0.19
Category 3 RW>1700 6.9 1.7 0.25
a
for compression-ignition engines only
c) For heavy duty vehicles, the exhaust emission limits of gaseous pollutants shall
be:
Emission Limits for Heavy Duty Vehicles
Type Approval
CO HC NOx PM
(g/k/Wh) (g/k/Wh) (g/k/Wh) (g/k/Wh)
4.5 1.1 8.0 0.36a
a
In the case of engines of 85 kW or less, the limit value for particular
emissions in increased by multiplying the quoted limit by a coefficient
of 1.7
Fuel evaporative emission for spark-ignition engines shall not exceed 2.0 grams
hydrocarbons per test. Likewise, it shall not allow any emission of gases from
crankcase ventilation system into the atmosphere.
b) The Department, in collaboration with the DOTC, DTI and LGUs, shall develop an action
plan for the control and management of air pollution from motor vehicles consistent with the
Integrated Air Quality Framework. The DOTC shall enforce compliance with the emission
standards for motor vehicles set by the Department. The DOTC may deputize other law
enforcement agencies and LGUs for this purpose. To this end, the DOTC shall have the
power to:
(1) Inspect and monitor the emissions of motor vehicles;
(2) Prohibit or enjoin the use of motor vehicles or a class of motor vehicles in any
area or street at specified times; and
(3) Authorize private testing emission testing centers duly accredited by the DTI.
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c) The DOTC, together with the DTI and the Department, shall establish the procedures for
the inspection of motor vehicles and the testing of their emissions for the purpose of
determining the concentration and/or rate of pollutants discharged by said sources.
d) In order to ensure the substantial reduction of emissions from motor vehicles, the
Department of Trade and Industry (DTI), together with the DOTC and the Department shall
formulate and implement a national motor vehicle inspection and maintenance program that
will promote efficient and safe operation of all motor vehicles. In this regard, the DTI shall
develop and implement standards and procedures for the certification of training institutions,
instructors and facilities and the licensing of qualified private service centers and their
technicians as prerequisite for performing the testing, servicing, repair and the required
adjustment to the vehicle emission system. The DTI shall likewise prescribe regulations
requiring the disclosure of odometer readings and the use of tamper-resistant odometers for
all motor vehicles including tamper-resistant fuel management systems for the effective
implementation of the inspection and maintenance program.
Section 22. Regulation of All Motor Vehicles and Engines. - Any imported new or
locally-assembled new motor vehicle shall not be registered unless it complies with the
emission standards set pursuant to this Act, as evidenced by a Certificate of Conformity
(COC) issued by the Department.
Any imported new motor vehicle engine shall not be introduced into commerce, sold or used
unless it complies with emission standards set pursuant to this Act.
Any imported used motor vehicle or rebuilt motor vehicle using new or used engines, major
parts or components shall not be registered unless it complies with the emission standards.
In case of non-compliance, the importer or consignee may be allowed to modify or rebuild

the vehicular engine so it will be in compliance with applicable emission standards.
No motor vehicle registration (MVR) shall be issued unless such motor vehicle passes the
emission testing requirement promulgated in accordance with this Act. Such testing shall be
conducted by the DOTC or its authorized inspection centers within sixty (60) days prior to
date of registration.
The DTI shall promulgate the necessary regulations prescribing the useful life of vehicles
and engines including devices in order to ensure that such vehicles will conform to the
emissions which they were certified to meet. These regulations shall include provisions for
ensuring the durability of emission devices.
Section 23. Second-Hand Motor Vehicle Engines. - Any imported second-hand motor
vehicle engine shall not be introduced into commerce, sold or used unless it complies with
emission standards set pursuant to this Act.
Article Five
Pollution from Other Sources
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Section 24. Pollution from smoking. - Smoking inside a public building or an enclosed
public place including public vehicles and other means of transport or in any enclosed area
outside of one's private residence, private place of work or any duly designated smoking
area is hereby prohibited under this Act. This provision shall be implemented by the LGUs.
Section 25. Pollution from other mobile sources. - The Department, in coordination with
appropriate agencies, shall formulate and establish the necessary standards for all mobile
sources other than those referred to in Sec. 21 of this Act. The imposition of the appropriate
fines and penalties from these sources for any violation of emission standards shall be
under the jurisdiction of the DOTC.
Chapter 3
Fuels, Additives, Substances and Pollutants
Article One
Fuels, Additives and Substances
Section 26. Fuels and Additives. - Pursuant to the Air Quality Framework to be
established under Section 7 of this Act, the Department of Energy (DOE), co-chaired by the
Department of Environment and Natural Resources (DENR), in consultation with the Bureau
of Product Standards (BPS) of the DTI, the DOST, the representatives of the fuel and
automotive industries, academe and the consumers shall set the specifications for all types
of fuel and fuel-related products, to improve fuel composition for increased efficiency and
reduced emissions: Provided, however, that the specifications for all types of fuel and fuel-
related products set-forth pursuant to this section shall be adopted by the BPS as Philippine
National Standards (PNS).
The DOE shall also specify the allowable content of additives in all types of fuels and fuel-
related products. Such standards shall be based primarily on threshold levels of health and
research studies. On the basis of such specifications, the DOE shall likewise limit the
content or begin that phase-out of additives in all types of fuels and fuel-related products as
it may deem necessary. Other agencies involved in the performance of this function shall be
required to coordinate with the DOE and transfer all documents and information necessary
for the implementation of this provision.
Consistent with the provisions of the preceding paragraphs under this section, it is declared
that:
a) not later than eighteen (18) months after the effectivity of this Act, no person shall
manufacture, import, sell, supply, offer for sale, dispense, transport or introduce into
commerce unleaded premium gasoline fuel which has an anti-knock index (AKI) of
not less that 87.5 and Reid vapor pressure of not more than 9 psi. Within six (6)
months after the effectivity of this Act, unleaded gasoline fuel shall contain aromatics
not to exceed forty-five percent (45%) by volume and benzene not to exceed four
percent (4%) by volume; Provided, that by year 2003, unleaded gasoline fuel should
contain aromatics not to exceed thirty-five percent (35%) by volume and benzene
not to exceed two percent (2%) by volume;
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b) not later than eighteen (18) months after the effectivity of this Act, no person shall
commerce automotive diesel fuel which contains a concentration of sulfur in excess
of 0.20% by weight with a cetane number of index of not less than forty-eight
(48): Provided, That by year 2004, content of said sulfur shall be 0.05% by weight;
and
c) not later than eighteen (18) months after the effectivity of this Act, no Person shall
commerce industrial diesel fuel which contains a concentration of sulfur in excess of
0.30% (by weight).
Every two (2) years thereafter or as the need arises, the specifications of unleaded gasoline
and of automotive and industrial diesel fuels shall be reviewed and revised for further
improvement in formulation and in accordance with the provisions of this Act.
The fuels characterized above shall be commercially available. Likewise, the same shall be
the reference fuels for emission and testing procedures to be established in accordance
with the provisions of this Act.
Any proposed additive shall not in any way increase emissions of any of the regulated
gases which shall include, but not limited to carbon monoxide, hydrocarbons, and oxides of
nitrogen and particulate matter, in order to be approved and certified by the Department.
Section 27. Regulation of Fuels and Fuel Additives. - The DOE, in coordination with the
Department and the BPS, shall regulate the use of any fuel or fuel additive. No
manufacturer, processor or trader of any fuel or additive may import, sell, offer for sale, or
introduce into commerce such fuel for additive unless the same has been registered with
the DOE. Prior to registration, the manufacturer, processor or trader shall provide the DOE
with the following relevant information:
a) Product identity and composition to determine the potential health effects of such
fuel additives;
b) Description of the analytical technique that can be used to detect and measure
the additive in any fuel;
c) Recommended range of concentration; and
d) Purpose in the use of the fuel and additive.
Section 28. Misfueling. - In order to prevent the disabling of any emission control device
by lead contamination, no person shall introduce or cause or allow the introduction of
leaded gasoline into any motor vehicle equipped with a gasoline tank filler inlet and labeled
"unleaded gasoline only". This prohibition shall also apply to any person who knows or
should know that such vehicle is designed solely for the use of unleaded gasoline.
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Section 29. Prohibition on Manufacture, Import and Sale of leaded Gasoline and of
Engines and/or Components Requiring Leaded Gasoline. - Effective not later than
eighteen (18) months after the enactment of this Act, no person shall manufacture, import,
sell, offer for sale, introduce into commerce, convey or otherwise dispose of, in any manner,
leaded gasoline and engines and components requiring the use of leaded gasoline.
For existing vehicles, the DTI shall formulate standards and procedures that will allow non-
conforming engines to comply with the use of unleaded fuel within five(5) years after the
effectivity of this Act.
Article Two
Other Pollutants
Section 30. Ozone-Depleting Substances. - Consistent with the terms and conditions of
the Montreal Protocol on Substances that Deplete the Ozone Layer and other international
agreements and protocols to which the Philippines is a signatory, the Department shall
phase out ozone-depleting substances.
Within sixty (60) days after the enactment of this Act, the Department shall publish a list of
substances which are known to cause harmful effects on the stratospheric ozone layer.
Section 31. Greenhouse Gases. - The Philippine Atmospheric, Geophysical and

Astronomical Service
Administration (PAGASA) shall regularly monitor meteorological factors affecting

environmental conditions including ozone depletion and greenhouse gases and coordinate
with the Department in order to effectively guide air pollution monitoring and standard-
setting activities.
The Department, together with concerned agencies and local government units, shall
prepare and fully implement a national plan consistent with the United Nations Framework
Convention on Climate Change and other international agreements, conventions and
protocols on the reduction of greenhouse gas emissions in the country.
Section 32. Persistent Organic Pollutants. - The Department shall, within a period of two
(2) years after the enactment of this Act, establish an inventory list of all sources of
Persistent Organic Pollutants (POPs) in the country. The Department shall develop short-
term and long-term national government programs on the reduction and elimination of
POPs such as dioxins and furans. Such programs shall be formulated within a year after the
establishment of the inventory list.
Section 33. Radioactive Emissions. - All projects which will involve the use of atomic
and/or nuclear energy, and will entail release and emission of radioactive substances into
the environment, incident to the establishment or possession of nuclear energy facilities and
radioactive materials, handling, transport, production, storage, and use of radioactive
materials, shall be regulated in the interest of public health and welfare by the Philippine
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Nuclear Research Institute (PNRI), in coordination with Department and other appropriate
government agencies.
Chapter 4
Institutional Mechanism
Section 34. Lead Agency. - The Department, unless otherwise provided herein, shall be
the primary government agency responsible for the implementation and enforcement of this
Act. To be more effective in this regard, The Department's Environmental Management
Bureau (EMB) shall be converted from a staff bureau to a line bureau for a period of no
more than two (2) years, unless a separate, comprehensive environmental management
agency is created.
Section 35. Linkage Mechanism. - The Department shall consult, participate, cooperate
and enter into agreement with other government agencies, or with affected non-
governmental (NGOs) or people's organizations (POs),or private enterprises in the
furtherance of the objectives of this Act.
Section 36. Role of Local Government Units. - Local Government Units (LGUs) shall
share the responsibility in the management and maintenance of air quality within their
territorial jurisdiction. Consistent with Sections 7, 8 and 9 of this Act, LGUs shall implement
air quality standards set by the Board in areas within their jurisdiction; Provided, however,
That in case where the board has not been duly constituted and has not promulgated its
standards, the standards set forth in this Act shall apply.
The Department shall provide the LGUs with technical assistance, trainings and a
continuing capability-building program to prepare them to undertake full administration of
the air quality management and regulation within their territorial jurisdiction.
Section 37. Environmental and Natural Resources Office. - There may be established
an Environment and Natural Resources Office in every province, city, or municipality which
shall be headed by the environment and natural resources officer and shall be appointed by
the Chief Executive of every province, city or municipality in accordance with the provisions
of Section 484 of Republic Act No. 7160. Its powers and duties, among others, are:
a) To prepare comprehensive air quality management programs, plans and

strategies within the limits set forth in Republic act. No. 7160 and this Act which shall
be implemented within its territorial jurisdiction upon the approval of the sanggunian;
b) To provide technical assistance and support to the governor or mayor, as the

case may be, in carrying out measures to ensure the delivery of basic services and
the provision of adequate facilities relative to air quality;
c) To take the lead in all efforts concerning air quality protection and rehabilitation;
d) To recommend to the Board air quality standards which shall not exceed the
maximum permissible standards set by rational laws;
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e) To coordinate with other government agencies and non-governmental

organizations in the implementation of measures to prevent and control air pollution;
and
f) Exercise such other powers and perform such duties and functions as may be
prescribed by law or ordinance: Provided, however, That in
provinces/cities/municipalities where there are no environment and natural resources
officers, the local executive concerned may designate any of his official and/or chief
of office preferably the provincial, city or municipal agriculturist, or any of his
employee: Provided, Finally, That in case an employee is designated as such, he
must have sufficient experience in environmental and natural resources
management, conservation and utilization.
Section 38. Record-keeping, Inspection, Monitoring and Entry by the Department. -

The Department or its duly accredited entity shall, after proper consultation and notice,
require any person who owns or operates any emissions source or who is subject to any
requirement of this Act to:
(a) establish and maintain relevant records;
(b) make relevant reports;
(c) install, use and maintain monitoring equipment or methods;
(d) sample emission, in accordance with the methods, locations, intervals and
manner prescribed by the Department;
(e) keep records on control equipment parameters, production variables or other

indirect data when direct monitoring of emissions is impractical; and
(f) provide such other information as the Department may reasonably require.
Pursuant to this Act, the Department, through its authorized representatives, shall have the
right of:
(a) entry or access to any premises including documents and relevant materials as
referred to in the herein preceding paragraph;
(b) inspect any pollution or waste source, control device, monitoring equipment or
method required; and
(c) test any emission.
Any record, report or information obtained under this section shall be made available to the
public, except upon a satisfactory showing to the Department by the entity concerned that
the record, report or information, or parts thereof, if made public, would divulge secret
methods or processes entitled to protection as intellectual property. Such record, report or
information shall likewise be incorporated in the Department's industrial rating system.
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Section 39. Public Education and Information Campaign. - A continuing air quality
information and education campaign shall promoted by the Department, the Department of
Education, Culture and Sports (DECS), the Department of the Interior and Local
Government (DILG), the Department of Agriculture (DA) and the Philippine Information
Agency (PIA). Consistent with Sec. 7 of this Act, such campaign shall encourage the
participation of other government agencies and the private sector including NGOs, POs, the
academe, environmental groups and other private entities in a multi-sectoral information
campaign.
Chapter 5
Actions
Section 40. Administrative Action. - Without prejudice to the right of any affected person
to file an administrative action, the Department shall, on its own instance or upon verified
complaint by any person, institute administrative proceedings against any person who
violates:
(a) Standards or limitation provided under this Act; or
(b) Any order, rule or regulation issued by the Department with respect to such
standard or limitation.
Section 41. Citizen Suits. - For purposes of enforcing the provisions of this Act or its
implementing rules and regulations, any citizen may file an appropriate civil, criminal or
administrative action in the proper courts against:
(a) Any person who violates or fails to comply with the provisions of this Act or its
implementing rules and regulations; or
(b) The Department or other implementing agencies with respect to orders, rules and
regulations issued inconsistent with this Act; and/or
(c) Any public officer who willfully or grossly neglects the performance of an act
specifically enjoined as a duty by this Act or its implementing rules and regulations;
or abuses his authority in the performance of his duty; or, in any manner, improperly
performs his duties under this Act or its implementing rules and
regulations: Provided, however, That no suit can be filed until thirty-day (30) notice
has been taken thereon.
The court shall exempt such action from the payment of filing fees, except fees for actions
not capable of pecuniary estimations, and shall likewise, upon prima facie showing of the
non-enforcement or violation complained of, exempt the plaintiff from the filing of an
injunction bond for the issuance of a preliminary injunction.
Within thirty (30) days, the court shall make a determination if the compliant herein is
malicious and/or baseless and shall accordingly dismiss the action and award attorney's
fees and damages.
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Section 42. Independence of Action. - The filing of an administrative suit against such
person/entity does not preclude the right of any other person to file any criminal or civil
action. Such civil action shall proceed independently.
Section 43. Suits and Strategic Legal Actions Against Public Participation and the
Enforcement of This Act. - Where a suit is brought against a person who filed an action as
provided in Sec. 41 of this Act, or against any person, institution or government agency that
implements this Act, it shall be the duty of the investigating prosecutor or the court, as the
case may be, to immediately make a determination not exceeding thirty (30) days whether
said legal action has been filed to harass, vex, exert undue pressure or stifle such legal
recourses of the person complaining of or enforcing the provisions of this Act. Upon
determination thereof, evidence warranting the same, the court shall dismiss the case and
award attorney's fees and double damages.
This provision shall also apply and benefit public officers who are sued for acts committed in
their official capacity, their being no grave abuse of authority, and done in the course of
enforcing this Act.
Section 44. Lien Upon Personal and Immovable Properties of Violators. - Fines and
penalties imposed pursuant to this Act shall be liens upon personal or immovable properties
of the violator. Such lien shall, in case of insolvency of the respondent violator, enjoy
preference to laborer's wages under Articles 2241 and 2242 of Republic Act No. 386,
otherwise known as the New Civil Code of the Philippines.
Chapter 6
Fines and Penalties
Section 45. Violation of Standards for Stationary Sources. - For actual exceedance of
any pollution or air quality standards under this Act or its rules and regulations, the
Department, through the Pollution Adjudication Board (PAB), shall impose a fine of not
more than One hundred thousand pesos (P100,000.00) for every day of violation against
the owner or operator of a stationary source until such time that the standards have been
complied with.
For purposes of the application of the fines, the PAB shall prepare a fine rating system to
adjust the maximum fine based on the violator's ability to pay, degree of willfulness, degree
of negligence, history of non-compliance and degree of recalcitrance: Provided, That in
case of negligence, the first time offender's ability to pay may likewise be considered by the
Pollution Adjudication Board: Provided, Further, That in the absence of any extenuating or
aggravating circumstances, the amount of fine for negligence shall be equivalent to one-half
of the fine for willful violation.
The fines herein prescribed shall be increased by at least ten percent (10%), every three (3)
years to compensate for inflation and to maintain the deterrent function of such fines.
In addition to the fines, the PAB shall order closure, suspension of development,
construction, or operations of the stationary sources until such time that proper
environmental safeguards are put in place: Provided, That an establishment liable for a third
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offense shall suffer permanent closure immediately. This paragraph shall be without
prejudice to the immediate issuance of an ex parte order for such closure, suspension of
development or construction, or cessation of operations during the pendency of the case
upon prima facie evidence that their is imminent threat to life, public health, safety or
general welfare, or to plant or animal life, or whenever there is an exceedance of the
emission standards set by the Department and/or the Board and/or the appropriate LGU.
Section 46. Violation of Standards for Motor Vehicles. - No motor vehicle shall be
registered with the DOTC unless it meets the emission standards set by the Department as
provided in Sec. 21 hereof.
Any vehicle suspected of violation of emission standards through visual signs, such as, but
not limited to smoke-belching, shall be subjected to an emission test by a duly authorized
emission testing center. For this purpose, the DOTC or its authorized testing center shall
establish a roadside inspection system. Should it be shown that there was no violation of
emission standards, the vehicle shall be immediately released. Otherwise, a testing result
indicating an exceedance of the emission standards would warrant the continuing custody
of the impounded vehicle unless the appropriate penalties are fully paid, and the license
plate is surrendered to the DOTC pending the fulfillment of the undertaking by the
owner/operator of the motor vehicle to make the necessary repairs so as to comply with the
standards. A pass shall herein be issued by the DOTC to authorize the use of the motor
vehicle within a specified period that shall not exceed seven (7) days for the sole purpose of
making the necessary repairs on the said vehicle. The owner/operator of the vehicle shall
be required to correct its defects and show proof of compliance to the appropriate pollution
control office before the vehicle can be allowed to be driven on any public or subdivision
roads.
In addition, the driver and operator of the apprehended vehicle shall undergo a seminar on
pollution control management conducted by the DOTC and shall also suffer the following
penalties:
a) First Offense - a fine not to exceed Two Thousand Pesos (P2,000.00);
b) Second Offense - a fine not less than Two Thousand Pesos (P2,000.00) and not
to exceed Four Thousand Pesos (P4,000.00); and
c) Third offense - one (1) year suspension of the Motor Vehicle Registration (MVR)
and a fine of not less than Four Thousand Pesos (P4,000.00) and not more than Six
thousand pesos (P6,000.00).
Any violation of the provisions of Sec. 21 paragraph (d) with regard to national inspection
and maintenance program, including technicians and facility compliance shall penalized
with a fine of not less than Thirty Thousand Pesos (P30,000.00) or cancellation of license of
both the technician and the center, or both, as determined by the DTI.
All law enforcement officials and deputized agents accredited to conduct vehicle emissions
testing and apprehensions shall undergo a mandatory training on emission standards and
regulations. For this purpose, the Department, together with the DOTC, DTI, DOST,
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Philippine National Police (PNP) and other concerned agencies and private entities shall
design a training program.
Section 47. Fines and Penalties for Violations of Other Provisions in the Act. - For
violations of all other provisions provided in this Act and of the rules and regulations thereof,
a fine of not less than Ten thousand pesos (P10,000) but not more than One Hundred
thousand Pesos (P100,000) or six (6) months to six (6) years imprisonment or both shall be
imposed. If the offender is a juridical person, the president, manager, directors, trustees, the
pollution control officer or the officials directly in charge of the operations shall suffer the
penalty herein provided.
Section 48. Gross Violations. - In case of gross violation of this Act or its implementing
rules and regulations, the PAB shall recommend to the proper government agencies to file
the appropriate criminal charges against the violators. The PAB shall assist the public
prosecutor in the litigation of the case. Gross violation shall mean:
(a) three (3) or more specific offenses within a period of one (1) year;
(b) three (3) or more specific offenses with three (3) consecutive years;
(c) blatant disregard of the orders of the PAB, such s but not limited to the breaking
of seal, padlocks and other similar devices, or operation despite the existence of an
order for closure, discontinuance or cessation of operation; and
(d) irreparable or grave damage to the environment as a consequence of any

violation of the provisions of this Act.
Offenders shall be punished with imprisonment of not less than six (6) years but not more
than ten (10) years at the discretion of the court. If the offender is a juridical person, the
president, manager, directors, trustees, the pollution control officer or the officials directly in
charge of the operations shall suffer the penalty herein provided.
Chapter 7
Final Provisions
Section 49. Potential Loss or Shifts of Employment. - The Secretary of Labor is hereby
authorized to establish a compensation, retraining and relocation program to assist workers
laid off due to a company's compliance with the provisions of this Act.
Section 50. Appropriations. - An amount of Seven Hundred Fifty Million Pesos

(P750,000,000.00) shall be appropriated for the initial implementation of this Act, of which,
the amount of Three Hundred Million Pesos (P300,000,000.00) shall be appropriated to the
Department; Two Hundred Million Pesos (P200,000,000.00) to the DTI; One Hundred Fifty
Million Pesos (P150,000,000.00) to the DOTC; and One Hundred Million Pesos
(P100,000,000.00) to the DOE.
Thereafter, the amount necessary to effectively carry out the provisions of this Act shall be
included in the General Appropriations Act.
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Section 51. Implementing Rules and Regulations. - The Department, in coordination with
the Committees on Environment and Ecology of the Senate and House of Representatives,
respectively and other agencies, shall promulgate the implementing rules and regulations
for this Act, within one (1) year after the enactment of this Act: Provided, That rules and
regulations issued by other government agencies and instrumentalities for the prevention
and/or abatement of pollution not inconsistent with this Act shall supplement the rules and
regulations issued by the Department pursuant to the provisions of this Act.
Section 52. Report to Congress. - The Department shall report to Congress, not later than
March 30 of every year following the approval of this Act, the progress of the pollution
control efforts and make the necessary recommendations in areas where there is need for
legislative action.
Section 53. Joint Congressional Oversight Committee. - There is hereby created a joint
congressional oversight committee to monitor the implementation of this Act. The committee
shall be composed of five (5) senators and five (5) representatives to be appointed by the
Senate President and the Speaker of the House of Representatives, respectively, the
oversight committee shall be co-chaired by a senator and a representative designated by
the Senate President and the Speaker of the House of Representatives, respectively.
The mandate given to the joint congressional oversight committee under this Act shall be
without prejudice to the performance of the duties and functions by the respective existing
oversight committees of the Senate and the House of Representatives.
Section 54. Separability of Provisions. - If any provision of this Act or the application of
such provision to any person or circumstances is declared unconstitutional, the remainder
of the Act or the application of such provision to other person or circumstances shall not be
affected by such declaration.
Section 55. Repealing Clause. - Presidential Decree No. 1181 is hereby repealed.
Presidential Decrees Nos. 1152, 1586 and Presidential Decree No. 984 are partly modified.
All other laws, orders, issuance, rules and regulations inconsistent herewith are hereby
repealed or modified accordingly.
Section 56. Effectivity. - This Act shall take effect fifteen (15) days from the date of its
publication in the Official Gazette or in at least two (2) newspapers of general circulation.
Approved, June 23, 1999.
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Eighth Congress
REPUBLIC ACT No. 6969 October 26, 1990
AN ACT TO CONTROL TOXIC SUBSTANCES AND HAZARDOUS AND NUCLEAR

WASTES, PROVIDING PENALTIES FOR VIOLATIONS THEREOF, AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:
Section 1. Short title. – This Act shall be known as the "Toxic Substances and
Hazardous and Nuclear Wastes Control Act of 1990."
Section 2. Declaration of Policy. – It is the policy of the State to regulate, restrict or

prohibit the importation, manufacture, processing, sale, distribution, use and disposal of
chemical substances and mixtures that present unreasonable risk and/or injury to health or
the environment; to prohibit the entry, even in transit, of hazardous and nuclear wastes and
their disposal into the Philippine territorial limits for whatever purpose; and to provide
advancement and facilitate research and studies on toxic chemicals.
Section 3. Scope. – This Act shall cover the importation, manufacture, processing,
handling, storage, transportation, sale, distribution, use and disposal of all unregulated
chemical substances and mixtures in the Philippines, including the entry, even in transit as
well as the keeping or storage and disposal of hazardous and nuclear wastes into the
country for whatever purpose.
Section 4. Objectives. – The objectives of this Act are:
a) To keep an inventory of chemicals that are presently being imported,

manufactured, or used, indicating, among others, their existing and possible uses,
test data, names of firms manufacturing or using them, and such other information
as may be considered relevant to the protection of health and the environment;
b) To monitor and regulate the importation, manufacture, processing, handling,

storage, transportation, sale, distribution, use and disposal of chemical substances
and mixtures that present unreasonable risk or injury to health or to the environment
in accordance with national policies and international commitments;
c) To inform and educate the populace regarding the hazards and risks attendant to
the manufacture, handling, storage, transportation, processing, distribution, use and
disposal of toxic chemicals and other substances and mixture; and
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d) To prevent the entry, even in transit, as well as the keeping or storage and
disposal of hazardous and nuclear wastes into the country for whatever purpose.
Section 5. Definition. – As used in this Act:
a) Chemical substance means any organic or inorganic substance of a particular

molecular identity, including:
i) Any combination of such substances occurring in whole or in part as a

result of chemical reaction or occurring in nature; and
ii) Any element or uncombined chemical.
b) Chemical mixture means any combination of two or more chemical substances if

the combination does not occur in nature and is not, in whole or in part, the result of
a chemical reaction, if none of the chemical substances comprising the combination
is a new chemical substance and if the combination could have been manufactured
for commercial purposes without a chemical reaction at the time the chemical
substances comprising the combination were combined. This shall include
nonbiodegradable mixtures.
c) Process means the preparation of a chemical substance or mixture after its

manufacture for commercial distribution:
i) In the same form or physical state or in a different form or physical state

from that which it was received by the person so preparing such substance or
mixture; or
ii) As part of an article containing a chemical substance or mixture.
d) Importation means the entry of a products or substances into the Philippines

(through the seaports or airports of entry) after having been properly cleared through
or still remaining under customs control, the product or substance of which is
intended for direct consumption, merchandising, warehousing, or for further
processing.
e) Manufacture means the mechanical or chemical transformation of substances into

new products whether work is performed by power-driven machines or by hand,
whether it is done in a factory or in the worker's home, and whether the products are
sold at wholesale or retail.
f) Unreasonable risk means expected frequency of undesirable effects or adverse

responses arising from a given exposure to a substance.
g) Hazardous substances are substances which present either:
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1) short-term acute hazards, such as acute toxicity by ingestion, inhalation or

skin absorption, corrosivity or other skin or eye contact hazards or the risk of
fire or explosion; or
2) long-term environmental hazards, including chronic toxicity upon repeated

exposure, carcinogenicity (which may in some cases result from acute
exposure but with a long latent period), resistance to detoxification process
such as biodegradation, the potential to pollute underground or surface
waters, or aesthetically objectionable properties such as offensive odors.
h) Hazardous wastes are hereby defined as substances that are without any safe
commercial, industrial, agricultural or economic usage and are shipped, transported
or brought from the country of origin for dumping or disposal into or in transit through
any part of the territory of the Philippines.
Hazardous wastes shall also refer to by-products, side-products, process residues,

spent reaction media, contaminated plant or equipment or other substances from
manufacturing operations, and as consumer discards of manufacture products.
i) Nuclear wastes are hazardous wastes made radioactive by exposure to the

radiation incidental to the production or utilization of nuclear fuels but does not
include nuclear fuel, or radioisotopes which have reached the final stage of
fabrication so as to be usable for any scientific, medical, agricultural, commercial, or
industrial purpose.
Section 6. Function, Powers and Responsibilities of the Department of Environment

and Natural Resources. – The Department of Environment and Natural Resources shall
be the implementing agency tasked with the following functions, powers, and
responsibilities:
a) To keep an updated inventory of chemicals that are presently being manufactured

or used, indicating, among others, their existing and possible uses, quality, test data,
names of firms manufacturing or using them, and such other information as the
Secretary may consider relevant to the protection of health and the environment;
b) To require chemical substances and mixtures that present unreasonable risk or

injury to health or to the environment to be tested before they are manufactured or
imported for the first time;
c) To require chemical substances and mixtures which are presently being

manufactured or processed to be tested if there is a reason to believe that they pose
unreasonable risk or injury to health or the environment;
d) To evaluate the characteristics of chemicals that have been tested to determine

their toxicity and the extent of their effects on health and the environment;
e) To enter into contracts and make grants for research, development, and
monitoring of chemical substances and mixtures;
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f) To conduct inspection of any establishment in which chemicals are manufactured,

processed, stored or held before or after their commercial distribution and to make
recommendations to the proper authorities concerned;
g) To confiscate or impound chemicals found not falling within said acts cannot be
enjoined except after the chemicals have been impounded;
h) To monitor and prevent the entry, even in transit, of hazardous and nuclear
wastes and their disposal into the country;
i) To subpoena witnesses and documents and to require other information if

necessary to carry out the provisions of this Act;
j) To call on any department, bureau, office, agency, state university or college, and
other instrumentalities of the Government for assistance in the form of personnel,
facilities, and other resources as the need arises in the discharge of its functions;
k) To disseminate information and conduct educational awareness campaigns on the

effects of chemical substances, mixtures and wastes on health and environment;
and
l) To exercise such powers and perform such other functions as may be necessary
to carry out its duties and responsibilities under this Act.
Section 7. Inter-Agency Technical Advisory Council. – There is hereby created an Inter-

Agency Technical Advisory Council attached to the Department of Environment and Natural
Resources which shall be composed of the following officials or their duly authorized
representatives:
Secretary of Environment and Natural Resources Chairman

Secretary of Health Member
Director of the Philippine Nuclear Research Institute Member
Secretary of Trade and Industry Member
Secretary of Science and Technology Member
Secretary of National Defense Member
Secretary of Foreign Affairs Member
Secretary of Labor and Employment Member
Secretary of Finance Member
Secretary of Agriculture Member
Representative from a non-governmental organization Member
on health and safety
The representative from the non-governmental organization shall be appointed by the

President for a term of three (3) years.
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The Council shall have the following functions:
a) To assist the Department of Environment and Natural Resources in the

formulation of the pertinent rules and regulations for the effective implementation of
this Act;
b) To assist the Department of Environment and Natural Resources in the

preparation and updating of the inventory of chemical substances and mixtures that
fall within the coverage of this Act;
c) To conduct preliminary evaluation of the characteristics of chemical substances

and mixtures to determine their toxicity and effects on health and the environment
and make the necessary recommendations to the Department of Environment and
Natural Resources; and
d) To perform such other functions as the Secretary of Environment and Natural

Resources may, from time to time, require.
Section 8. Pre-Manufacture and Pre-Importation Requirements. – Before any new

chemical substance or mixture can be manufactured, processed or imported for the first
time as determined by the Department of Environment and Natural Resources, the
manufacturer, processor or importer shall submit the following information: the name of the
chemical substance or mixture; its chemical identity and molecular structure; proposed
categories of use; an estimate of the amount to be manufactured, processed or imported;
processing and disposal thereof; and any test data related to health and environmental
effects which the manufacturer, processor or importer has.
Section 9. Chemicals Subject to Testing. – Testing shall be required in all cases where:
a) There is a reason to believe that the chemical substances or mixture may present
an unreasonable risk to health or the environment or there may be substantial
human or environmental exposure thereto;
b) There are insufficient data and experience for determining or predicting the health
and environmental effects of the chemical substance or mixture; and
c) The testing of the chemical substance or mixture is necessary to develop such

data.
The manufacturers, processors or importers shall shoulder the costs of testing the chemical
substance or mixture that will be manufactured, processed, or imported.
Section 10. Action by the Secretary of Environment and Natural Resources of his
Duly Authorized Representative. – The Secretary of Environment and Natural Resources
or his duly authorized representative shall, within ninety (90) days from the date of filing of
the notice of manufacture, processing or importation of a chemical substance or mixture,
decide whether or not to regulate or prohibit its importation, manufacture, processing, sale,
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distribution, use or disposal. The Secretary may, for justifiable reasons, extend the ninety-
day pre-manufacture period within a reasonable time.
Section 11. Chemical Substances Exempt from Pre-Manufacture Notification. – The

manufacture of the following chemical substances or mixtures shall be exempt from pre-
manufacture notification:
a) Those included in the categories of chemical substances and mixtures already

listed in the inventory of existing chemicals;
b) Those to be produced in small quantities solely for experimental or research and

developmental purposes;
c) Chemical substances and mixtures that will not present an unreasonable risk to
health and the environment; and
d) Chemical substances and mixtures that exist temporarily and which have no
human or environmental exposure such as those which exist as a result of chemical
reaction in the manufacture or processing of a mixture of another chemical
substance.
Section 12. Public Access to Records, Reports or Notification. – The public shall have
access to records, reports, or information concerning chemical substances and mixtures
including safety data submitted, data on emission or discharge into the environment, and
such documents shall be available for inspection or reproduction during normal business
hours except that the Department of Environment and Natural resources may consider a
record, report or information or particular portions thereof confidential and may not be made
public when such would divulge trade secrets, production or sales figures or methods,
production or processes unique to such manufacturer, processor or distributor, or would
otherwise tend to affect adversely the competitive position of such manufacturer, processor
or distributor. The Department of Environment and Natural Resources, however, may
release information subject to claim of confidentiality to a medical research or scientific
institution where the information is needed for the purpose of medical diagnosis or
treatment of a person exposed to the chemical substance or mixture.
Section 13. Prohibited Acts. – The following acts and omissions shall be considered
unlawful:
a) Knowingly use a chemical substance or mixture which is imported, manufactured,

processed or distributed in violation of this Act or implementing rules and regulations
or orders;
b) Failure or refusal to submit reports, notices or other information, access to

records, as required by this Act, or permit inspection of establishment where
chemicals are manufactured, processed, stored or otherwise held;
c) Failure or refusal to comply with the pre-manufacture and pre-importation

requirements; and
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d) Cause, aid or facilitate, directly or indirectly, in the storage, importation, or

bringing into Philippines territory, including its maritime economic zones, even in
transit, either by means of land, air or sea transportation or otherwise keeping in
storage any amount of hazardous and nuclear wastes in any part of the Philippines.
Section 14. Criminal Offenses and Penalties. –
a) (i) The penalty of imprisonment of six (6) months and one day to six (6) years and
one day and a fine ranging from Six hundred pesos (P600.00) to Four thousand
pesos (P4,000.00) shall be imposed upon any person who shall violate section 13
(a) to (c) of this Act and shall not be covered by the Probation Law.f the offender is a
foreigner, he or she shall be deported and barred from any subsequent entry into the
Philippines after serving his or her sentence;
ii) In case any violation of this Act is committed by a partnership, corporation,

association or any juridical person, the partner, president, director or manager who
shall consent to or shall knowingly tolerate such violation shall be directly liable and
responsible for the act of the employee and shall be criminally liable as a co-
principal;
(iii) In case the offender is a government official or employee, he or she shall, in

addition to the above penalties, be deemed automatically dismissed from office and
permanently disqualified from holding any elective or appointive position.
b) (i) The penalty of imprisonment of twelve (12) years and one day to twenty (20)
years, shall be imposed upon any person who shall violate section 13 (d) of this Act.f
the offender is a foreigner, he or she shall be deported and barred from any
subsequent entry into the Philippines after serving his or her sentence;
(ii) In the case of corporations or other associations, the above penalty shall be
imposed upon the managing partner, president or chief executive in addition to an
exemplary damage of at least Five hundred thousand pesos (P500,000.00).f it is a
foreign firm, the director and all officers of such foreign firm shall be barred from
entry into the Philippines, in addition to the cancellation of its license to do business
in the Philippines;
(iii) In case the offender is a government official or employee, he or she in addition to

the above penalties be deemed automatically dismissed from office and permanently
disqualified from holding any elective or appointive position.
c) Every penalty imposed for the unlawful importation, entry, transport, manufacture,
processing, sale or distribution of chemical substances or mixtures into or within the
Philippines shall carry with it the confiscation and forfeiture in favor of the
Government of the proceeds of the unlawful act and instruments, tools or other
improvements including vehicles, sea vessels, and aircrafts used in or with which the
offense was committed. Chemical substances so confiscated and forfeited by the
Government at its option shall be turned over to the Department of Environment and
Natural resources for safekeeping and proper disposal.
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d) The person or firm responsible or connected with the bringing or importation into
the country of hazardous or nuclear wastes shall be under obligation to transport or
send back said prohibited wastes;
Any and all means of transportation, including all facilities and appurtenances that
may have been used in transporting to or in the storage in the Philippines of any
significant amount of hazardous or nuclear wastes shall at the option of the
government be forfeited in its favor.
Section 15. Administrative Fines. – In all cases of violations of this Act, including
violations of implementing rules and regulations which have been duly promulgated and
published in accordance with Section 16 of this Act, the Secretary of Environment and
Natural Resources is hereby authorized to impose a fine of not less than Ten thousand
pesos (P10,000.00), but not more than Fifty thousand pesos (P50,000.00) upon any person
or entity found guilty thereof. The administrative fines imposed and collected by the
Department of Environment and Natural Resources shall accrue to a special fund to be
administered by the Department exclusively for projects and research activities relative to
toxic substances and mixtures.
Section 16. Promulgation of Rules and Regulations. – The Department of Environment

and Natural Resources, in coordination with the member agencies of the Inter-Agency
Technical Advisory Council, shall prepare and publish the rules and regulations
implementing this Act within six months from the date of its effectivity.
Section 17. Appropriations. – Such amount as may be necessary to implement the

provisions of this Act is hereby annually appropriated and included in the budget of the
Department of Environment and Natural Resources.
Section 18. Separability Clause. – If any provision of this Act is declared void or
unconstitutional, the remaining provisions thereof not affected thereby shall remain in full
force and effect.
Section 19. Repealing Clause. – All laws, presidential decrees, executive orders and
issuances, and rules and regulations which are inconsistent with this Act are hereby
repealed or modified accordingly.
Section 20. Effectivity. – This Act shall take effect after fifteen (15) days following its
publication in the Official Gazette or in any newspaper of general circulation.
Approved: October 26, 1990
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Fifth Regular Session

REPUBLIC ACT NO. 7586

AN ACT PROVIDING FOR THE ESTABLISHMENT AND MANAGEMENT OF

Be it enacted by the Senate and House of Representatives of the Philippine Congress

Section 2. Declaration of Policy – Cognizant of the profound impact of man’s activities

Section 3. Categories – The following categories of protected areas are hereby

a. Strict nature reserve;

e. Protected landscapes and seascapes;

g. Natural biotic areas; and

h. Other categories established by law, conventions or international agreements

1. "National Integrated Protected Areas System (NIPAS)" is the classification and

4. "Indigenous cultural community" refers to a group of people sharing common

5. "National park" refers to a forest reservation essentially of natural wilderness

6. "Natural monuments" is a relatively small area focused on protection of small

9. "Protected landscapes/seascapes" are areas of national significance which are

10. "Resource reserve" is an extensive and relatively isolated and uninhabited

11. "Strict nature reserve" is an area possessing some outstanding ecosystem,

12. "Tenured migrant communities" are communities within protected areas

Section 5. Establishment and Extent of the System – The establishment and

1. All areas or islands in the Philippines proclaimed, designated or set aside,

1. A forest occupants survey;

3. A protected area resource profile;

4. Land use plans done in coordination with the respective Regional

5. Such other background studies as will be sufficient bases for selection.

The DENR shall:

1. Notify the public of proposed action through publication in a newspaper of

i. Conduct public hearings at the locations nearest to the area affected;

iii. Give due consideration to the recommendations at the public hearing;

Section 6. Additional Areas to be Integrated to the System. – Notwithstanding the

Section 7. Disestablishment as Protected Area. – When in the opinion of the DENR a

Section 9. Management Plans. – There shall be a general management planning

a. To conduct studies on various characteristic features and conditions of the

d. To promulgate rules and regulations necessary to carry out the provisions of

f. To fix and prescribe reasonable NIPAS fees to be collected from government

g. To exact administrative fees and fines as authorized in Section 21 for violation

h. To enter into contracts and/or agreements with private entities or public

i. To accept in the name of the Philippine Government and in behalf of NIPAS

j. To call on any agency or instrumentality of the Government as well as

k. To submit an annual report to the President of the Philippines and to Congress

l. To establish a uniform marker of the System, including an appropriate and

n. Control the construction, operation and maintenance of roads, trails,

o. Control occupancy of suitable portions of the protected area and resettle

p. To perform such other functions as may be directed by the President of the

Section 11. Protected Area Management Board. – A Protected Area Management

a. A member who shall be appointed to represent each local government down to

b. A member from non-government organizations who shall be endorsed by

No actual implementation of such activities shall be allowed without the required

b. Proceeds from lease of multiple use areas;

c. Contributions from industries and facilities directly benefiting from the

a. Hunting, destroying, disturbing, or mere possession of any plants or animals or

b. Dumping of any waste products detrimental to the protected area, or to the

c. Use of any motorized equipment without a permit from the Management

d. Mutilating, defacing or destroying objects of natural beauty, or objects of

e. Damaging and leaving roads and trails in a damaged condition;

f. Squatting, mineral locating, or otherwise occupying any land;

g. Constructing or maintaining any kind of structure, fence or enclosures,

h. Leaving in exposed or unsanitary conditions refuse or debris, or depositing in

i. Altering, removing destroying or defacing boundary marks or signs.

REPUBLIC ACT No. 11038

An Act Declaring Protected Areas and Providing for Their Management,

Be it enacted by the Senate and House of Representatives of the Philippines in

"Sec. 2. Declaration of Policy. - Cognizant of the profound impact of human activities on